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HomeMy WebLinkAbout2021-04-06 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Virtual 6:00 PM, April 6, 2021 Meeting to be held Virtually (access High Five Access Media livestream 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 c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 1.1.Public I nput 2.Any action as a result of executive session 3.Proclamations 3.1.Proclamation No. 3 Series of 2021, Recognizing National Library W eek 2021 “Welcome to Your Library” 5 min. Presenter(s): Lori Barnes, Town of Vail Library Director Action Requested of Council: Approve Proclamation No. 3, Series 2021 Background: First sponsored in 1958, National Library W eek is a national observance sponsored by the American Library Association (A LA) and libraries across the country each April. I t is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. All types of libraries (school, public, academic and special) participate. http://www.ala.org/conferencesevents/node/6/ 3.2.Proclamation No. 4, Series 2021, Recognizing Emergency Services Dispatch (911) as First Responders 5 min Presenter(s): Marc Wentworth, Vail Public Safety Communications Center Director Action Requested of Council: Approve Proclamation No. 4, Series 2021. Background: Receiving 911 calls requires significant training and competencies such as situational assessment skills and sound judgment, strong public and internal relations, teamwork, and advanced multitasking skills. Telecommunicators have the sole responsibility for dispatching police, April 6, 2021 - Page 1 of 130 fire and medical first responders and act as their communication partners during every call for service. 4.Consent Agenda (5 min.) 4.1.Resolution No. 16, Series of 2021, A Resolution Granting a Pedestrian Easement Across Lot 10, Vail Village Second Filing to the Evergreen Lodge, HTC Action Requested of Council: Approve, approve with amendments or deny Resolution No. 16, Series of 2021 Background: The Town of Vail is the owner of certain real property in the Town of Vail legally described as Lot 10, Vail Village Second Filing. HC T Members, LLC (“HC T”) desires to obtain a pedestrian access easement across the property, and the Town wishes to grant HC T a pedestrian access easement across the property Staff Recommendation: Approve, approve with amendments or deny Resolution No. 16, Series of 2021 4.2.Resolution No. 17, Series of 2021, a Resolution Approving a Contract to Buy and Sell Residential Real Estate Action Requested of Council: Approve, approve with amendments or deny Resolution No. 17, Series of 2021. Background: The Town of Vail has the possibility to acquire real property within the Town boundaries. The Town wishes to purchase the property for employee housing. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 17, Series of 2021 4.3.Fire Engine Contract Award to Front Range Fire Apparatus Action Requested of Council: Authorize the Town Manager to enter into an agreement with Front Range Fire Apparatus Background: The 2021 Capital Projects Fund allocated $880,000 for the purchase of a new fire engine. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Front Range Fire Apparatus in an amount not to exceed $816,540.00 4.4.Lionshead Parking Structure Structural Repair Contract Award Action Requested of Council: Authorize the Town Manager to enter into an agreement with Restruction Corporation in the amount not to exceed $632,848.00. Background: The structural Engineering firm of J .R. Harris and associates did a structuralassessment of the Lionshead parking Structure in the fall of 2020 and produced a reportof their findings. Due to the very technical and dangerous nature of this workRestruction Corporation was engaged to price and perform the work. There are only twofirms in Colorado capable of this type of work. Only Restruction Corporation wasinterested. This project will be paid for out of the Parking Structure Capitol account. Staff Recommendation: Authorize the Town Manager to enter into an agreement with Restruction Corporation in the amount not to exceed $632,848.00. 4.5.Police Department Roof Top Air conditioning units Contract Award Action Requested of Council: Authorize the Town Manager to enter into an agreement with American Mechanical Services in the amount not to exceed April 6, 2021 - Page 2 of 130 $112,239.00. Background: Town staff is working to replace all 8 of the Police Department roof top units two peryear. This will be the second year of replacement. This year we will replace the unit thatprovides heat and cooling to the dispatch I T room and the unit that provides heat andcooling to the detectives’ offices. The new units are high efficiency and will save bothnatural gas and electric. Two bids were received for this work. The low bidder wasAmerican Mechanical Services. This project will be paid for out of the Facility Capitolaccount. Staff Recommendation: Authorize the Town Manager to enter into an agreement with American Mechanical Services in the amount not to exceed $112,239.00. 5.Presentations / Discussion 5.1.Eagle River W ater and Sanitation District Water Supply Master Plan Presentation 60 min. Presenter(s): Linn Brooks, E RW S D General Manager; J ason Cowles, E RW S D Director of Engineering and Water Resources; Diane J ohnson, E RW S D Communications and Public Affairs Manager Action Requested of Council: Listen to presentation and ask questions. Background: General Manager Linn Brooks will provide an overview of water issues in the valley to set the stage for discussing the W ater Resources Master Plan in the second presentation to the Vail Town Council on April 20, 2021. 6.Town Manager Report 6.1.Verbal Update: East Vail Control Burn Timber Ridge Housing Opportunities Employees Retiring 10 min. 7.Action Items 7.1.Ordinance No. 7, Series 2021 First Reading, An Ordinance Amending Chapter 2 of Title 4 of the Val Town Code to Authorize the Creation of Entertainment Districts in the Town 10 min. Presenter(s): Tammy Nagel, Town Clerk Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 7, Series of 2021 upon first reading Background: The Town Council desires to establish the criteria for entertainment districts and common consumption areas, including application procedures, fees, and hours of operation for common consumption areas in entertainment district. Staff Recommendation: Approve Ordinance No. 7, Series of 2021 upon first reading 7.2.Ordinance No. 8, Series of 2021 First Reading, An Ordinance Amending Section 5-1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Zone Districts Between the Hours of 2:00 P.M. and 8:00 P.M. 15 min. Presenter(s): Scott Robson, Town Manager Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2021 upon first reading. April 6, 2021 - Page 3 of 130 Background: Vail Town Council directed staff to recommend changes to the Vail Town Code to support the goal of the Town to balance the desire to create entertainment activations in Vail Village and Lionshead Village while being respectful of the combination of commercial and residential neighborhoods. Staff Recommendation: Approve Ordinance No. 8, Series of 2021 upon first reading. 8.Public Hearings 8.1.Ordinance No. 4, Series of 2021, Second reading, 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 I nhumane Commercial Breeding Facilities 10 min. Presenter(s): Matt Gennett, Director of Community Development Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2021, upon second reading. Background: 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. Staff Recommendation: Approve Ordinance No. 4, Series of 2021 upon second reading. 8.2.Ordinance No. 5, Series of 2021, Second Reading, Budget Supplemental No. 1, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Debt Service Fund and Dispatch Services Fund of the 2021 Budget for the Town of Vail. 10 min. Presenter(s): Carlie Smith, Financial Services Manager and Kathleen Halloran, Finance Director Action Requested of Council: Approve, or approve with amendments Ordinance No. 5, Series 2021. Background: Please see attached memorandum. Staff Recommendation: Approve, or approve with amendments Ordinance No. 5, Series 2021. 8.3.Ordinance No. 6, Series of 2021,Second Reading, An Ordinance Conveying a Certain Parcel of Land to the Colorado Department ("C D OT") of Transportation 5 Min Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6, Series of 2021 upon second reading Background: The Town of Vail has approved the construction of the South Frontage Road Roundabout Project which requires the Town to transfer a small parcel of Town property to C D OT to accommodate the new roundabout within C D OT Right of W ay Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of 2021. 9.Adjournment 9.1.Adjournment 8:25 (estimate) April 6, 2021 - Page 4 of 130 Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. April 6, 2021 - Page 5 of 130 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: Public I nput AT TAC H ME N TS: Description public input April 6, 2021 - Page 6 of 130 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, April 7, 2021 3:53 PM To:Stephanie Bibbens Subject:FW: Mask mandate Follow Up Flag:Follow up Flag Status:Flagged Tammy Nagel Town Clerk’s Office Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jan Schorr <janschorr@comcast.net> Sent: Tuesday, April 6, 2021 2:09 PM To: Jan Schorr <JANSCHORR@comcast.net> Cc: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Re: Mask mandate https://apple.news/ADf6r02npQBKk0YYnO8qobw Jan A. Schorr 720.254.7700 cell Sent from my iPhone On Apr 6, 2021, at 2:00 PM, Jan Schorr <JANSCHORR@comcast.net> wrote: April 6, 2021 - Page 7 of 130 2 This will be us if you lift restrictions too soon!!!! https://www.9news.com/article/news/local/colorado-summit-county-level-orange/73-1cce4d0b-d541- 41f4-9dab-7b6578c457a4 Jan A. Schorr 720.254.7700 cell Sent from my iPhone On Apr 6, 2021, at 11:57 AM, Jan Schorr <JANSCHORR@comcast.net> wrote: Oh please do not lift the mask mandate. Just when spread of the variants is on the rise! And visitors come from other States that do not wear masks, will be bringing and spreading their covid germs. I am just feeling comfortable eating outside because I feel comfortable that restaurants in Vail are taking great precautions, but if I feel otherwise, I will go back to staying at home! The best way to get more business, is to make sure everyone feels comfortable and safe. I got my JAnd J vaccine a month ago, but still do not want to be near others. The mountain has been a bit of a shit show especially apres ski. I ski early and come home for lunch to avoid the crowds. Jan A. Schorr 720.254.7700 cell Sent from my iPhone April 6, 2021 - Page 8 of 130 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: Proclamation No. 3 S eries of 2021, Recognizing National L ibrary Week 2021 “Welcome to Your L ibrary” P RE S E NT E R(S ): L ori B arnes, Town of Vail L ibrary Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove P roclamation No. 3, S eries 2021 B AC K G RO UND: First sponsored in 1958, National L ibrary Week is a national observance sponsored by the American L ibrary Association (A L A) and libraries across the country each April. I t is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. A ll types of libraries (school, public, academic and special) participate. http://www.ala.org/conferencesevents/node/6/ AT TAC H ME N TS: Description Proclamation No. 3, Series 2021 April 6, 2021 - Page 9 of 130 PROCLAMATION NO. 3, SERIES OF 2021 Recognizing National Library Week 2021 “Welcome to Your Library” WHEREAS, libraries of all types are at the heart of their cities, towns, schools, and campuses, serving their communities; WHEREAS, libraries are accessible and inclusive places that foster a sense of belonging and community; WHEREAS, today’s libraries and their services extend far beyond the four walls of a building and everyone is welcome to use their resources; WHEREAS, for people lacking broadband at home, libraries provide access to computers and wi-fi; WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; WHEREAS, libraries offer opportunities for everyone to explore new worlds and become their best selves through access to technology, multimedia content, and educational programs; WHEREAS, in times of crisis, libraries, librarians, and library workers play an invaluable role in supporting their communities both in person and virtually; WHEREAS, to adapt to our changing world, libraries are expanding their resources and continuing to meet the needs of their patrons; WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; WHEREAS, libraries have long served as trusted and treasured institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week; NOW, THEREFORE, be it resolved that the Mayor and Town Council of the Town of Vail proclaim National Library Week, April 4-10, 2021. During this week, I encourage all residents to visit the library to access resources and services. Because of you, Libraries Transform lives and communities. April 6, 2021 - Page 10 of 130 Dated this 6th day of April 2021. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk April 6, 2021 - Page 11 of 130 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: Proclamation No. 4, Series 2021, Recognizing Emergency S ervices Dispatch (911) as First Responders P RE S E NT E R(S ): Marc Wentworth, Vail P ublic S afety Communications Center Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove P roclamation No. 4, S eries 2021. B AC K G RO UND: Receiving 911 calls requires significant training and competencies such as situational assessment skills and sound judgment, strong public and internal relations, teamwork, and advanced multitasking skills. Telecommunicators have the sole responsibility for dispatching police, fire and medical first responders and act as their communication partners during every call for service. AT TAC H ME N TS: Description Memo Proclamation No. 4, Series 2021 April 6, 2021 - Page 12 of 130 Page 1 of 1 To: Town of Vail Manager – Scott Robson CC: Town of Vail Council Members From: Vail Public Safety Communications Center RE: Recognizing Emergency Services Dispatch (911) as First Responders Date: 03/11/2020 _______________________________________________________________________________________________________________________ The Emergency Services Dispatchers with the Vail Public Safety Communications Center (VPSCC) serve the Town of Vail and Eagle County 24 hours a day, seven days a week: just as firefighters, law enforcement, and emergency medical services workers. Telecommunicators make the same personal sacrifices as their peers by leaving family, friends, and the safety of their homes to receive the initial emergency calls that save lives, protect property, and ensure the safety of the community during emergency events or hazardous weather. Receiving 911 calls requires significant training and competencies such as situational assessment skills and sound judgment, strong public and internal relations, teamwork, and advanced multitasking skills. Telecommunicators have the sole responsibility for dispatching police, fire and medical first responders and act as their communication partners during every call for service. In 2020, VPSCC staff members served on Incident Dispatch Teams (IDT) and responded to several incidents within and out of our county to assist with in progress or large- scale events such as wildfires or barricaded suspects to assist with communications and operations management in the field. There are even staff who are qualified to serve with our county’s hostage negotiation team and special operations unit on in progress events . This added level of responsibility and specialized training required of tactical dispatching and emergency management go far beyond the duties of Administrative Support. As the 911 system has evolved to include more technology, so too has the dispatchers’ job duties. Although this evolution makes receiving calls and providing emergency assistance over the phone more efficient, it also requires more of the call taker. For instance, a dispatcher may simultaneously be questioning the caller, dispatching first responders, and using other technologies, such as call location technology or searching criminal or medical histories. No shift is routine, and dispatchers often work with intense, life -and-death situations and save lives every day in ways that go far beyond speaking on the phone. In 2020 alone, approximately 12,246 calls were initiated for medical and fire emergency services wherein dispatchers provided instructions and guidance. Of those calls, 66 were cardiac arrests, 39 were structure fires, 37 mental health / overdose, and 8 childbirth calls. In addition, VPSCC Emergency Dispatchers handled 119,878 calls for service for Eagle County’s four law enforcement agencies, varying from parking problems to stabbings and suicides. COVID-19 added complexity and additional medical questioning to nearly all these calls, with telecommunicators checking for the likelihood that our responders were heading into high risk situations. Through the International Academy of Emergency Medical Dispatch, dispatchers are prepared to provide life-saving medical instruction. Their negotiating skills can be the difference between life and death in a hostage situation or when a suicidal person is on the line. The work is extremely stressful and has an emotional and physical impact, worsened by the around -the-clock nature of the job and the long hours. Telecommunicators must handle the stress of answering thousands of calls each year - one call after another, daily - often being the reassuring voice on the other end of the call as citizens experience the worst day of their lives. Dispatchers hear the cries of devastation, listen to the screams for help, and are the support as citizens cope with the loss of a loved one. Telecommunicators handle all of this and at the very same time they must strive to keep their fellow emergency responders safe in the field. Several states and agencies have already recognized telecommunicators and dispatchers as first responders. In Colorado there are twelve (12) 911 centers, including Pitkin County, that have recognized their dispatchers as first responders and more are following suit. In June 2019, Texas Governor Greg Abbott signed House Bill 1090 which changed that state’s definition of a first responder and classified dispatchers in the same way as EMS personnel, firefighters, and police. Additionally, this bill allows disp atchers to have access to specialized training and other benefits like mental health care that apply to all first responders. At the Federal level is a bill known as the, “911 SAVES ACT,” which would reclassify all dispatchers as first responders and is waiting for review. Knowing how long Congress can take to act we are requesting local action to recognize our services. The Homeland Security Act of 2002 defines “first responder” as “individuals who, in the early stages of an incident, are resp onsible for the protection and preservation of life, property, evidence, and the environment.” Who better, by this very definition, can be considered a first responder than the dispatcher who serves as the initial contact for every public safety response? We are asking for your support in recognizing the invaluable service telecommunicators provide for our community and to support us as we do for Eagle County every day and night. Please consider the attached proclamation for adoption by the Town of Vail. Regards, The Vail Public Safety Communications Center Staff _____________________________________________ _____________________________________________ _____________________________________________ Vail Police Department – Chief Henninger Avon Police Department - Chief Daly Eagle Police Department – Chief Stauffer _____________________________________________ _____________________________________________ _____________________________________________ Eagle County Sherriff’s Office – Sheriff Van Beek Vail Mountain Rescue – Rob Foster Eagle County Paramedic Service Chief Bradford _____________________________________________ _____________________________________________ _____________________________________________ Vail Fire Department – Chief Novak Eagle River Fire Protection District Rock Creek Volunteer Fire Department Chief Bauer Chief Horn _____________________________________________ _____________________________________________ _____________________________________________ Greater Eagle Fire Protection District Gypsum Fire Protection District Eagle County Airport Fire Department Chief Cupp Chief Kirkland Chief Kohrmann April 6, 2021 - Page 13 of 130 PROCLAMATION NO. 4, SERIES OF 2021 RECOGNIZING EMERGENCY SERVICES DISPATCH (911) AS FIRST RESPONDERS WHEREAS, the Town of Vail is elevating the status of its 911 Emergency Dispatchers to First Responders in a move that outpaces a similar effort on the national level; and WHEREAS, all Vail Public Safety Communication Center dispatchers are trained in Emergency Medical Dispatch, qualifying them to offer potentially lifesaving instructions including CPR, bleeding control and instructions to treat choking, childbirth and airway control over the telephone until responders arrive on scene; and WHEREAS, in 2020 alone, approximately 12,246 calls were initiated for medical and fire emergency services wherein dispatchers provided instructions and guidance. Of those calls, 66 were cardiac arrests, 39 were structure fires, 37 mental health / overdose, and 8 childbirth calls; and WHEREAS, April 11th – April 17th, 2021 is National Public Safety Telecommunicators week, set aside so that everyone can be made aware of Public Safety Telecommunicators hard work and dedication; and WHEREAS, the Town of Vail wishes to recognize the duties Emergency 911 Dispatchers perform daily and how their work is aligned with that of all first responders who answer the call to serve the public. NOW THEREFORE, BE IT PROCLAIMED, be it resolved that the Mayor and Town Council of the Town of Vail proclaim that from this day forward Vail Public Safety Communication Center Emergency Dispatchers are hereby RECOGNIZED as First Responders essential to the life safety of our citizenry. Dated this 6th day of April 2021. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk April 6, 2021 - Page 14 of 130 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. 16, S eries of 2021, A Resolution Granting a P edestrian E asement Across L ot 10, Vail Village Second F iling to the E vergreen L odge, HT C AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 16, Series of 2021 B AC K G RO UND: The Town of Vail is the owner of certain real property in the Town of Vail legally described as L ot 10, Vail Village Second F iling. HC T Members, L L C (“HC T”) desires to obtain a pedestrian access easement across the property, and the Town wishes to grant HC T a pedestrian access easement across the property S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 16, S eries of 2021 AT TAC H ME N TS: Description Council Memorandum Resolution No. 16, Series of 2021 Easement Agreement April 6, 2021 - Page 15 of 130 To: Town Council From: Public Works Department Date: April 6, 2021 Subject: Resolution No. 16, Series 2021 I. SUMMARY The Town of Vail has budgeted for, and approved, the construction of the South Frontage Road Roundabout Project this year which includes the widening of the South Frontage Road to 4 lanes with landscape medians, sidewalks and a roundabout. In order to accommodate the roundabout within the public Right of Way, the Town of Vail requested two easements from the Evergreen Lodge Property; a Permanent Easement for the construction of a small portion of sidewalk, and a Temporary Construction Easement to help facilitate the construction of the improvements within the Right of Way. The Evergreen Lodge (HCT Member, LLC) has agreed to donate these easements in exchange for the legal right to have pedestrians’ access the southern end of their property across Lot 10, Town owned property. Currently Lot 10 has a combination of public uses; a parking lot for the Library, the Dobson Ice Arena/Library access road and pedestrian walk, a small green space/pocket park, and a portion of the Gore Valley Trail. Pedestrian public access is generally allowed across all portions of Lot 10. Granting the Evergreen Lodge a permanent pedestrian easement across Lot 10 will not impact the short term or long term plans for this property. Lot 10, as mentioned above, currently allows general public pedestrian access and will continue to do so in the long term future. The parking lot portion of Lot 10 has been identified in the Civic Area Master Plan as being converted into a park, which will also continue to allow general pedestrian access. The Civic Area Master Plan also identifies this new park to have a pedestrian connection to the Evergreen Lodge property. The granting of the easement will further formalize the plans and intent of the Civic Area Plan and the current allowed uses on Lot 10. The easement to the Evergreen Lodge (HCT Member, LLC) will be required to be granted by Resolution. Resolution No. 16, Series 2021 is attached as well as the Easement document. April 6, 2021 - Page 16 of 130 Town of Vail Page 2 II. STAFF RECOMMENDATION Approve Resolution No. 16, Series 2021, a Resolution approving the grant of a pedestrian access easement to Evergreen Lodge over Lot 10. III. ATTACHMENTS Resolution No. 16, Series 2021 Easement Document April 6, 2021 - Page 17 of 130 RESOLUTION NO. 16 Series of 2021 A RESOLUTION GRANTING A PEDESTRIAN ACCESS EASEMENT ACROSS LOT 10, VAIL VILLAGE SECOND FILING TO THE EVERGREEN LODGE, HCT MEMBERS, LLC WHEREAS, the Town is the owner of certain real property in the Town of Vail legally described as Lot 10, Vail Village Second Filing (the “Property”). WHEREAS, HCT Members, LLC (“HCT”) desires to obtain a pedestrian access easement across the Property, and the Town wishes to grant HCT a pedestrian access easement across the Property as set forth in Exhibit A, attached hereto and made a part hereof by this reference (the “Easement”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Easement 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 Easement 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 6th day of April 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk April 6, 2021 - Page 18 of 130 4/2/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\EVERGREEN PED EASEMENT-A033021 (002).DOCX PEDESTRIAN ACCESS EASEMENT AGREEMENT This PEDESTRIAN ACCESS EASEMENT AGREEMENT (the "Agreement") is made and executed this ____ day of ____________________, 2021 (the "Effective Date"), by and between HCT MEMBER, LLC, a Colorado limited liability company with an address of 141 East Meadow Drive, Suite 211, Vail, Colorado 81657 ("Grantee"), and the Town of Vail, a Colorado home rule municipal corporation with a legal address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town") (each a "Party" and collectively the "Parties). WHEREAS, the Town is the owner of the real property described in Exhibit A, attached hereto and incorporated herein by this reference ("Lot 10"); WHEREAS, Grantee is the owner of the real property described as in Exhibit B attached hereto and incorporated herein by this reference (“Grantee’s Property”); and WHEREAS, Grantee wishes to acquire a pedestrian access easement across a portion of Lot 10, subject to the terms set forth herein. NOW THEREFORE, in and for the consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant. The Town hereby grants to Grantee a perpetual, nonexclusive easement (the “Easement”) over, upon, across and through the Easement Area (as defined below) for the construction, installation, operation, maintenance, repair, use, and replacement of an outdoor hardscaped and landscaped pedestrian walkway and related improvements (the “Walkway”). 2. Easement Area. a. The approximate location of the Easement Area is generally depicted on Exhibit C, attached hereto and incorporated herein by this reference. The exact location of the Easement Area shall be determined by the Town and Grantee in good faith at such time as Grantee redevelops Grantee's Property, subject to all required Town approvals, provided that the Easement Area shall: (a) be contiguous with both West Meadow Drive and Grantee’s Property; (b) run in a continuous line between West Meadow Drive and Grantee’s Property generally in the direction shown in Exhibit C; (c) be no less than 12 feet in width; and (d) be no less than 643 square feet in total surface area. b. Following the determination of the exact location of the Easement Area, the Parties shall promptly substitute a new Exhibit C-1 for the existing Exhibit C, which Exhibit C-1 shall describe and depicts the exact location of the Easement Area. The Agreement shall then be re-recorded with the new Exhibit C-1. In addition, at the time the location of the Easement Area is determined, the Town agrees to grant to Grantee a temporary construction easement over portions of Lot 10 as the Town determines in good faith to be reasonably necessary for construction of the Walkway. April 6, 2021 - Page 19 of 130 2 4/2/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\EVERGREEN PED EASEMENT-A033021 (002).DOCX 3. Use. The Easement Area shall at all times be open to the public (subject to temporary closures for construction, repair, maintenance and replacement of the Walkway), and may be used by Grantee and its permittees and the public for pedestrian use and other recreational uses generally permitted by the Town upon public sidewalks within the Town. 4. Term. The term of this Agreement shall be perpetual, provided that: (a) Grantee may terminate this Agreement at any time, in its sole discretion, upon written notice to the Town; and (b) if Grantee legally abandons the Easement, all right, privilege and interest granted to Grantee under this Agreement and the Easement will terminate. Upon termination of this Agreement, Grantee shall remove the Walkway from the Easement Area and restore the Easement Area to substantially the same condition existing as of the Effective Date, or as near thereto as may be reasonably accomplished. 5. Grantee's Obligations. a. Once the exact location of the Easement Area is determined in accordance with Section 2, Grantee shall be solely responsible for the construction of the Walkway, all as approved by the Town. Notwithstanding the foregoing, Grantee shall have no obligation to construct the Walkway or keep the Walkway in place for any period of time. b. Except for temporary fencing in connection with the construction, repair, maintenance and replacement of the Walkway, Grantee shall not be entitled to fence the Easement Area or erect any other barriers around the Easement that would unreasonably interfere with public access to the Easement Area. c. If the exact location of the Easement Area as determined in accordance with Section 2 above causes a reduction in the number of parking spaces on Lot 10, Grantee shall be responsible for providing an equivalent number of replacement parking spaces on Grantee's Property. 6. Town's Rights. The Town retains the right to the undisturbed use and occupancy of Lot 10 insofar as such use and occupancy is consistent with and does not impair any grant herein contained. 7. Warranty. The Town warrants that it has the full right and legal authority to make the grant of the Easement. 8. Estoppel Certificates. Each Party shall, without charge, deliver to the other Party, for the sole benefit of the other Party’s lender, proposed lender, or prospective purchaser identified in the request, within 30 days after written request therefor, a written instrument duly executed and acknowledged, certifying whether, to its knowledge without investigation, the other Party has observed and performed all of the terms and conditions required to be performed and observed under this Agreement, and if not, specifying the same. Neither Party shall have the obligation to deliver more than 2 estoppel certificates to the other Party in any consecutive 12 month period. April 6, 2021 - Page 20 of 130 3 4/2/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\EVERGREEN PED EASEMENT-A033021 (002).DOCX 9. Miscellaneous. a. Binding Effect. Each and every one of the benefits and burdens of this Agreement shall run with the land and inure to and be binding upon the respective legal representatives, successors and assigns of the Parties. b. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. c. Modification. This Agreement may only be modified upon written agreement of the Parties. d. Integration. The foregoing constitutes the entire agreement between the Parties regarding the use of the Property and no additional or different oral representation, promise or agreement shall be binding on the Parties. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. f. No Third-Party Beneficiaries. Except as expressly provided herein, there are no intended third-party beneficiaries to this Agreement. g. Governmental Immunity. The Town and its officers, employees and attorneys, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town or its officers, employees and attorneys. h. 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. i. Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given: immediately upon hand delivery; 1 business day after being deposited with a reliable overnight courier service, with receipt acknowledgment requested, or 3 days after deposit if deposited in the United States mail postage prepaid, and addressed to the address of the other Party set forth on the first page of this Agreement or such other address as a Party specifies in writing to the other Party in accordance with this subsection.. j. Force Majeure. No Party shall be in breach of this Agreement if such Party's 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, April 6, 2021 - Page 21 of 130 4 4/2/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\EVERGREEN PED EASEMENT-A033021 (002).DOCX riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk GRANTEE HCT MEMBER, LLC, a Colorado limited liability company By: _____________________________ Name: ___________________________ Its: _____________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this _____ day of _____________, 2021, by _______________________ as _________________ of HCT Member, LLC, a Colorado limited liability company. My commission expires: (S E A L) ________________________________ Notary Public April 6, 2021 - Page 22 of 130 5 4/2/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\EVERGREEN PED EASEMENT-A033021 (002).DOCX EXHIBIT A Legal Description of Lot 10 April 6, 2021 - Page 23 of 130 6 4/2/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\EVERGREEN PED EASEMENT-A033021 (002).DOCX EXHIBIT B Legal Description of Grantee’s Property LOT F-1, VAIL VILLAGE, SECOND FILING, LOT E, LOT F AND LOT F-1, A RESUBDIVISION OF LOT F; LOT 2E, VAIL/LIONSHEAD, SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 29, 2017 UNDER RECEPTION NO. 201724580, COUNTY OF EAGLE, STATE OF COLORADO. April 6, 2021 - Page 24 of 130 7 4/2/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\EVERGREEN PED EASEMENT-A033021 (002).DOCX EXHIBIT C Easement Area April 6, 2021 - Page 25 of 130 April 6, 2021 - Page 26 of 130 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. 17, S eries of 2021, a Resolution Approving a Contract to B uy and S ell Residential Real Estate AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 17, Series of 2021. B AC K G RO UND: The Town of Vail has the possibility to acquire real property within the Town boundaries. T he Town wishes to purchase the property for employee housing. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 17, S eries of 2021 AT TAC H ME N TS: Description Resolution No. 17, Series of 2021 April 6, 2021 - Page 27 of 130 RESOLUTION NO. 17 Series of 2021 A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL RESIDENTIAL REAL ESTATE WHEREAS, Owner is the owner of certain residential real property described as Vail Heights Condominium, Unit 1, with a physical address of 2079 Chamonix Lane, Vail, Colorado, 81657. (the "Property"); and WHEREAS, the Town wishes to purchase the Property pursuant to the terms of the Contract to Buy and Sell Real Estate, attached hereto as Exhibit A and made a part hereof by this reference (the “Contract”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Contract 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 Contract 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 6th day of April 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk April 6, 2021 - Page 28 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 1 of 18 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission . 1 (CBS1-5-19) (Mandatory 7-19) 2 3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 4 OTHER COUNSEL BEFORE SIGNING. 5 6 CONTRACT TO BUY AND SELL REAL ESTATE 7 (RESIDENTIAL) 8 9 Date: 10 AGREEMENT 11 1.AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set12 forth in this contract (Contract).13 2.PARTIES AND PROPERTY.14 2.1. Buyer. (Buyer) will take title 15 to the Property described below as Joint Tenants Tenants In Common Other . 16 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 17 2.3. Seller. (Seller) is the current 18 owner of the Property described below. 19 2.4. Property. The Property is the following legally described real estate in the County of , Colorado: 20 21 22 23 24 25 known as No. , 26 Street Address City State Zip 27 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all inte rest of 28 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 29 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 30 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are 31 included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside 32 telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems , built-33 in kitchen appliances, sprinkler systems and controls, built -in vacuum systems (including accessories) and garage door openers 34 (including _______ remote controls). If checked, the following are owned by the Seller and included (leased items should be listed 35 under Due Diligence Documents): None Solar Panels Water Softeners Security Systems Satellite Systems36 (including satellite dishes). If any additional items are attached to the Property after the date of this Contract, such additional items 37 are also included in the Purchase Price. 38 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the 39 following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, 40 blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, 41 heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 42 2.5.3. Personal Property – Conveyance. Any personal property must be conveyed at Closing by Seller free and 43 clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except . 44 Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 45 2.5.4. Other Inclusions. The following items, whether fixtures or personal property, are also included in the 46 Purchase Price: 47 48 49 50 51 If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal 52 property outside of this Contract. 53 April 7, 2021 TOWN OF VAIL X KRISTEN M. ENRIGHT CONDOMINIUM UNIT 1, VAIL HEIGHTS CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP AND DELCARLARTION THEREOF. 2079 CHAMONIX LANE, UNIT 1, VAIL, CO 81657 X no others none April 6, 2021 - Page 29 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 2 of 18 2.5.5. Parking and Storage Facilities. The use or ownership of the following parking facilities: 54 ; and the use or ownership of the following storage facilities: . 55 Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate. 56 2.6. Exclusions. The following items are excluded (Exclusions): 57 58 59 60 2.7. Water Rights/Well Rights. 61 2.7.1. Deeded Water Rights. The following legally described water rights: 62 63 64 65 Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 66 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1, 2.7.3 and 67 2.7.4, will be transferred to Buyer at Closing: 68 69 70 71 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if 72 the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, 73 Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been regist ered 74 with the Colorado Division of Water Resources in the Department of Natural Resources (D ivision), Buyer must complete a 75 registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing se rvice in 76 connection with the transaction, Buyer must file the form with the Division within sixty d ays after Closing. The Well Permit # is 77 . 78 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 79 80 81 82 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water), 83 § 2.7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the a pplicable84 legal instrument at Closing.85 3.DATES, DEADLINES AND APPLICABILITY.86 3.1. Dates and Deadlines.87 Item No. Reference Event Date or Deadline 1 §4.3 Alternative Earnest Money Deadline Title 2 §8.1, § 8.4 Record Title Deadline 3 §8.2, § 8.4 Record Title Objection Deadline 4 §8.3 Off-Record Title Deadline 5 §8.3 Off-Record Title Objection Deadline 6 §8.5 Title Resolution Deadline 7 §8.6 Right of First Refusal Deadline Owners’ Association 8 §7.2 Association Documents Deadline 9 §7.4 Association Documents Termination Deadline Seller’s Disclosures 10 §10.1 Seller’s Property Disclosure Deadline 11 §10.10 Lead-Based Paint Disclosure Deadline Loan and Credit 12 §5.1 New Loan Application Deadline 13 §5.2 New Loan Termination Deadline 14 §5.3 Buyer’s Credit Information Deadline 15 §5.3 Disapproval of Buyer’s Credit Information Deadline any assigned by Association any assigned by Association none April 7, 2021 MEC plus 5 days MEC plus 14 days MEC plus 5 days MEC plus 14 days MEC plus 20 days N/A MEC plus 5 days MEC plus 14 days MEC plus 5 days MEC plus 5 days N/A N/A N/A N/A April 6, 2021 - Page 30 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 3 of 18 16 §5.4 Existing Loan Deadline 17 §5.4 Existing Loan Termination Deadline 18 §5.4 Loan Transfer Approval Deadline 19 § 4.7 Seller or Private Financing Deadline Appraisal 20 §6.2 Appraisal Deadline 21 §6.2 Appraisal Objection Deadline 22 §6.2 Appraisal Resolution Deadline Survey 23 §9.1 New ILC or New Survey Deadline 24 §9.3 New ILC or New Survey Objection Deadline 25 §9.3 New ILC or New Survey Resolution Deadline Inspection and Due Diligence 26 §10.3 Inspection Objection Deadline 27 §10.3 Inspection Termination Deadline 28 §10.3 Inspection Resolution Deadline 29 §10.5 Property Insurance Termination Deadline 30 §10.6 Due Diligence Documents Delivery Deadline 31 §10.6 Due Diligence Documents Objection Deadline 32 §10.6 Due Diligence Documents Resolution Deadline 33 §10.7 Conditional Sale Deadline 34 §10.10 Lead-Based Paint Termination Deadline Closing and Possession 35 §12.3 Closing Date 36 §17 Possession Date 37 §17 Possession Time 38 §28 Acceptance Deadline Date 39 §28 Acceptance Deadline Time Note: If FHA or VA loan boxes are checked in § 4.5.3 (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured 88 or VA guaranteed loans. 89 3.2. Applicability of Terms. Any box checked in this Contract means the corresponding provision applies. If any deadline 90 blank in § 3.1 (Dates and Deadlines) is left blank or completed with the abbreviation “N/A”, or the word “Deleted,” such deadline 91 is not applicable and the corresponding provision containing the deadline is deleted. If no box is checked in a provision tha t contains 92 a selection of “None”, such provision means that “None” applies. 93 The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. 94 4.PURCHASE PRICE AND TERMS.95 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 96 Item No. Reference Item Amount Amount 1 §4.1 Purchase Price $ 2 §4.3 Earnest Money $ 3 §4.5 New Loan $ 4 §4.6 Assumption Balance $ 5 §4.7 Private Financing $ 6 §4.7 Seller Financing $ 7 8 9 §4.4 Cash at Closing $ 10 TOTAL $ $ 4.2. Seller Concession. At Closing, Seller will credit to Buyer $______________ (Seller Concession). The Seller 97 Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer ’s lender 98 and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller 99 N/A N/A N/AN/A N/A N/A N/A N/A N/A N/A MEC plus 14 days MEC plus 20 days MEC plus 20 daysMEC plus 14 days MEC plus 5 days MEC plus 14 days MEC plus 20 days N/A MEC plus 20 days April 29, 2021 at cloising at closing April 7, 2021 410,000 10,000 400,000 410,000410,000 0.00 April 6, 2021 - Page 31 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 4 of 18 Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any 100 other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer 101 elsewhere in this Contract. 102 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a ______________________, will be 103 payable to and held by ________________________________________ (Earnest Money Holder), in its trust account, on behalf of 104 both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually a gree 105 to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery o f the Earnest Money deposit to the 106 company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to 107 have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado 108 residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest 109 Money Holder in this transaction will be transferred to such fund. 110 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 111 time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 112 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the 113 return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, except as provided in 114 §24 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller115 agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form),116 within three days of Seller’s receipt of such form.117 4.4. Form of Funds; Time of Payment; Available Funds. 118 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing 119 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic t ransfer funds, certified 120 check, savings and loan teller’s check and cashier’s check (Good Funds). 121 4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be paid by Buyer, must be 122 paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing 123 OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this Contract, Does 124 Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing 125 in § 4.1. 126 4.5. New Loan. 127 4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in § 4.2 (Seller Concession), if applicable, 128 must timely pay Buyer’s loan costs, loan discount points, prepaid items and loan origination fees as required by lender. 129 4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to 130 Buyer, including a different loan than initially sought, except as restricted in § 4.5.3 (Loan Limitations) or § 30 (Additional 131 Provisions). 132 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans: 133 Conventional FHA VA Bond Other . 134 4.5.4. Loan Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions and 135 costs of Buyer’s New Loan carefully. If Buyer is applying for a residential loan, the lender generally must provide Buyer with a 136 Loan Estimate within three days after Buyer completes a loan application. Buyer also should obtain an estimate of the amount of 137 Buyer’s monthly mortgage payment. 138 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption Balance 139 set forth in § 4.1 (Price and Terms), presently payable at $______________ per ________________ including principal and interest 140 presently at the rate of ________% per annum and also including escrow for the following as indicated: Real Estate Taxes 141 Property Insurance Premium Mortgage Insurance Premium and . 142 Buyer agrees to pay a loan transfer fee not to exceed $_____________. At the time of assumption, the new interest rate will 143 not exceed ________% per annum and the new payment will not exceed $_____________ per ________________ principal and 144 interest, plus escrow, if any. If the actual principal balance of the existing loan at Closing is less than the Assumption Ba lance, which 145 causes the amount of cash required from Buyer at Closing to be increased by more than $_____________, or if any other terms or 146 provisions of the loan change, Buyer has the Right to Terminate under § 25.1 on or before Closing Date. 147 Seller Will Will Not be released from liability on said loan. If applicable, compliance with the requirements for release 148 from liability will be evidenced by delivery on or before Loan Transfer Approval Deadline at Closing of an appropriate 149 letter of commitment from lender. Any cost payable for release of liability will be paid by in an amount 150 not to exceed $_____________. 151 4.7. Seller or Private Financing. 152 WARNING: Unless the transaction is exempt, federal and state laws impose licensing, other requirements and restrictions on sellers 153 and private financiers. Contract provisions on financing and financing documents, unless exempt, should be prepared by a licensed 154 Colorado attorney or licensed mortgage loan originator. Brokers should not prepare or advise the parties on the specifics of financing, 155 including whether or not a party is exempt from the law. 156 checkTitle Company of the Rockies X April 6, 2021 - Page 32 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 5 of 18 4.7.1. Seller Financing. If Buyer is to pay all or any portion of the Purchase Price with Seller financing, Buyer 157 Seller will deliver the proposed Seller financing documents to the other party on or before _________ days before Seller or 158 Private Financing Deadline. 159 4.7.1.1. Seller May Terminate. If Seller is to provide Seller financing, this Contract is conditional upon 160 Seller determining whether such financing is satisfactory to the Seller, including its payments, interest rate, terms, condit ions, cost 161 and compliance with the law. Seller has the Right to Terminate under § 25.1, on or before Seller or Private Financing Deadline, if 162 such Seller financing is not satisfactory to Seller, in Seller ’s sole subjective discretion. 163 4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the P urchase Price with Seller or private 164 financing, this Contract is conditional upon Buyer determining whether such financing is satisfactory to Buyer, including its 165 availability, payments, interest rate, terms, conditions and cost. Buyer has the Right to Terminate under § 25.1, on or before Seller 166 or Private Financing Deadline, if such Seller or private financing is not satisfactory to Buyer, in Buyer’s sole subjective discretion. 167 TRANSACTION PROVISIONS 168 5.FINANCING CONDITIONS AND OBLIGATIONS.169 5.1. New Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New 170 Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must make an application v erifiable 171 by such lender, on or before New Loan Application Deadline and exercise reasonable efforts to obtain such loan or approval. 172 5.2. New Loan Review. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional 173 upon Buyer determining, in Buyer’s sole subjective discretion, whether the New Loan is satisfactory to Buyer, including its 174 availability, payments, interest rate, terms, conditions and cost. This condition is for the sole benefit of Buyer. Buyer has the Right 175 to Terminate under § 25.1, on or before New Loan Termination Deadline, if the New Loan is not satisfactory to Buyer, in Buyer’s 176 sole subjective discretion. Buyer does not have a Right to Terminate based on the New Loan if the objection is based on the Appraised 177 Value (defined below) or the Lender Requirements (defined below). IF SELLER IS NOT IN DEFAULT AND DOES NOT 178 TIMELY RECEIVE BUYER’S WRITTEN NOTICE TO TERMINATE, BUYER’S EARNEST MONEY WILL BE 179 NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Apprai sal, Title, Survey). 180 5.3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole benefit 181 of Seller) upon Seller’s approval of Buyer’s financial ability and creditworthiness, which approval will be in Seller’s sole subjective 182 discretion. Accordingly: (1) Buyer must supply to Seller by Buyer’s Credit Information Deadline, at Buyer’s expense, information 183 and documents (including a current credit report) concerning Buyer’s financial, employment and credit condition; (2) Buyer consents 184 that Seller may verify Buyer’s financial ability and creditworthiness; and (3) any such information and documents received by Seller 185 must be held by Seller in confidence and not released to others except to protect Seller’s interest in this transaction. If the Cash at 186 Closing is less than as set forth in § 4.1 of this Contract, Seller has the Right to Terminate under § 25.1, on or before Closing. If 187 Seller disapproves of Buyer’s financial ability or creditworthiness, in Seller’s sole subjective discretion, Seller has the Right to 188 Terminate under § 25.1, on or before Disapproval of Buyer’s Credit Information Deadline. 189 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan 190 documents (including note, deed of trust and any modifications) to Buyer by Existing Loan Deadline. For the sole benefit of Buyer, 191 this Contract is conditional upon Buyer’s review and approval of the provisions of such loan documents. Bu yer has the Right to 192 Terminate under § 25.1, on or before Existing Loan Termination Deadline, based on any unsatisfactory provision of such loan 193 documents, in Buyer ’s sole subjective discretion. If the lender’s approval of a transfer of the Property is required, this Contract is 194 conditional upon Buyer obtaining such approval without change in the terms of such loan, except as set forth in § 4.6. If lender’s 195 approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such deadline. Seller has the Right 196 to Terminate under § 25.1, on or before Closing, in Seller’s sole subjective discretion, if Seller is to be released from liability under 197 such existing loan and Buyer does not obtain such compliance as set forth in § 4.6. 198 6.APPRAISAL PROVISIONS.199 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on 200 behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth 201 certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Propert y to be 202 valued at the Appraised Value. 203 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective loan type set forth 204 in § 4.5.3, or if a cash transaction (i.e. no financing), § 6.2.1 applies. 205 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the 206 Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal 207 Objection Deadline: 208 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated; 209 or 210 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the 211 Appraisal or written notice from lender that confirms the Apprais ed Value is less than the Purchase Price (Lender Verification). 212 April 6, 2021 - Page 33 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 6 of 18 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal 213 Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution 214 Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of 215 the Appraisal Objection before such termination, i.e., on or before expiration of Appraisal Resolution Deadline. 216 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) 217 shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Ear nest 218 Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA requirements, a 219 written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, 220 setting forth the appraised value of the Property of not less tha n $______________. The purchaser (Buyer) shall have the privilege 221 and option of proceeding with the consummation of this Contract without regard to the amount of the appraised valuation. The 222 appraised valuation is arrived at to determine the maximum mortga ge the Department of Housing and Urban Development will 223 insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself that 224 the price and condition of the Property are acceptable. 225 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) 226 shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Prope rty 227 described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department 228 of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of 229 this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 230 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, 231 including any specified in the Appraisal (Lender Requirements) to be made to the Property (e.g., roof repair, repainting), beyond 232 those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following S eller’s 233 receipt of the Lender Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to satisfy 234 the Lender Requirements; (2) the Lender Requirements have been completed; or (3) the satisfaction of the Lender Requirements is 235 waived in writing by Buyer. 236 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer 237 Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s 238 agent or all three. 239 7.OWNERS’ ASSOCIATION. This Section is applicable if the Property is located within a Common Interest Community and240 subject to the declaration (Association).241 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 242 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF 243 THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS ’ ASSOCIATION FOR THE 244 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 245 ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 246 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS 247 OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE AS SOCIATION COULD 248 PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS 249 AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING 250 CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIAT ION (OR A 251 COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF 252 PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL 253 OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE 254 DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE 255 ASSOCIATION. 256 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), 257 at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association 258 Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer ’s receipt 259 of the Association Documents, regardless of who provides such documents. 260 7.3. Association Documents. Association documents (Association Documents) consist of the following: 261 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, 262 rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, 263 C.R.S.;264 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; 265 such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual 266 Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding 267 minutes exist, then the most recent minutes, if any (§§ 7.3.1 and 7.3.2, collectively, Governing Documents); and 268 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, 269 but not limited to, property, general liability, association director and officer professional liability and fidelity policie s. The list must 270 April 6, 2021 - Page 34 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 7 of 18 include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed 271 (Association Insurance Documents); 272 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as 273 disclosed in the Association’s last Annual Disclosure; 274 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association ’s operating budget 275 for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for 276 the fiscal year immediately preceding the Association ’s last Annual Disclosure, (3) the results of the Association’s most recent 277 available financial audit or review, (4) list of the fees and charges (regardless of name o f title of such fees or charges) that the 278 Association’s community association manager or Association will charge in connection with the Closing including, but not limited 279 to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for 280 the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of 281 all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4 and 282 7.3.5, collectively, Financial Documents); 283 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, 284 C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction285 Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2286 (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common287 elements or limited common elements of the Association property.288 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Docume nts. Buyer has the Right to 289 Terminate under § 25.1, on or before Association Documents Termination Deadline, based on any unsatisfactory provision in any 290 of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after 291 Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 25.1 by Buyer ’s Notice to 292 Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive 293 the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing 294 Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer ’s Notice to 295 Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right 296 to Terminate under this provision, notwithstanding the provisions of § 8.6 (Right of First Refusal or Contract Approval). 297 8.TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE.298 8.1. Evidence of Record Title. 299 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance 300 company to furnish the owner ’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish 301 to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, 302 or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued 303 and delivered to Buyer as soon as practicable at or after Closing. 304 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance 305 company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to 306 Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. 307 If neither box in § 8.1.1 or § 8.1.2 is checked, § 8.1.1 applies. 308 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s 309 Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard 310 exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, 311 (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid312 taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be313 paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other__________________________.314 Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over315 any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below,316 among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under317 §8.5 (Right to Object to Title, Resolution).318 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, 319 conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such 320 documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title 321 Documents). 322 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title 323 Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county 324 where the Property is located. The cost of furnishing copies of the documents required in this S ection will be at the expense of the 325 party or parties obligated to pay for the owner’s title insurance policy. 326 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any 327 portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 328 X X X April 6, 2021 - Page 35 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 8 of 18 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the 329 Title Documents as set forth in § 8.5 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s 330 objection may be based on any unsatisfactory form or content of Title Commitment or A bstract of Title, notwithstanding § 13, or 331 any other unsatisfactory title condition, in Buyer ’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title 332 Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment 333 that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to 334 Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any 335 required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Docu ments, 336 or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, 337 pursuant to this § 8.2 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.5 (Right to Object to 338 Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1 (Evidence 339 of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline 340 specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents 341 as satisfactory. 342 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 343 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 344 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights of 345 first refusal and options) not shown by public records, of which Seller has actual knowledge (Off -Record Matters). This Section 346 excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to 347 investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line 348 discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether 349 disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)), in Buyer’s 350 sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter 351 is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer 352 to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant 353 to this § 8.3 (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.5 (Right to Object to Title, 354 Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified 355 above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of which 356 Buyer has actual knowledge. 357 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 358 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 359 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 360 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 361 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 362 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 363 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 364 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING 365 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 366 RECORDER, OR THE COUNTY ASSESSOR. 367 A tax certificate from the respective county treasurer listing any special taxing districts that effect the Property (Tax Certificate) 368 must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing district and such 369 inclusion is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may object, on or before Record Title Objection 370 Deadline. If the Tax Certificate shows that the Property is included in a special taxing district and i s received by Buyer after the 371 Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to the Property’s 372 inclusion in a special taxing district as unsatisfactory to Buyer. 373 8.5. Right to Object to Title, Resolution. Buyer’s right to object, in Buyer’s sole subjective discretion, to any title matters 374 includes those matters set forth in § 8.2 (Record Title), § 8.3 (Off-Record Title), § 8.4 (Special Taxing District) and § 13 (Transfer 375 of Title). If Buyer objects to any title matter, on or before the applicable deadline, Buyer has the following options: 376 8.5.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of 377 Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or 378 before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives 379 Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer ’s written notice to waive objection to such items and 380 waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title 381 Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2 (Record Title), § 8.3 (Off-Record Title) or § 8.4 382 (Special Taxing Districts), the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days 383 after Buyer’s receipt of the applicable documents; or 384 8.5.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 25.1, on or before 385 the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 386 April 6, 2021 - Page 36 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 9 of 18 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property or a right to approve 387 this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the holder o f the right 388 of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract will termi nate. If the 389 right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. 390 Seller must promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval of this 391 Contract has not occurred on or before Right of First Refusal Deadline, this Contract will then terminate. 392 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed 393 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, 394 including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, 395 unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various 396 laws and governmental regulations concerning land use, development and environmental matters. 397 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE 398 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF 399 THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER 400 RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL 401 ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM 402 RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, 403 GAS OR WATER. 404 8.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 405 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 406 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 407 RECORDER. 408 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 409 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 410 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING 411 OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 412 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL 413 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 414 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 415 AND GAS CONSERVATION COMMISSION. 416 8.7.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or 417 not covered by the owner’s title insurance policy. 418 8.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to all such matters as there are 419 strict time limits provided in this Contract (e.g., Record Title Objection Deadline and Off-Record Title Objection Deadline). 420 9.NEW ILC, NEW SURVEY.421 9.1. New ILC or New Survey. If the box is checked, a: 1) New Improvement Location Certificate (New ILC); or, 422 2) New Survey in the form of ___________________________________________; is required and the following will apply: 423 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The 424 New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date 425 after the date of this Contract. 426 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before 427 Closing, by: Seller Buyer or: 428 429 430 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of 431 the opinion of title if an Abstract of Title) and _____________________ will receive a New ILC or New Survey on or before New 432 ILC or New Survey Deadline. 433 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to 434 all those who are to receive the New ILC or New Survey. 435 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New 436 Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New 437 Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to 438 Seller incurring any cost for the same. 439 9.3. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or New Survey. If the 440 New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer ’s sole subjective discretion, Buyer 441 may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3 or § 13: 442 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated; or 443 April 6, 2021 - Page 37 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 10 of 18 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be 444 shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 445 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or 446 before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on 447 or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New 448 Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before 449 such termination, i.e., on or before expiration of New ILC or New Survey Resolution Deadline. 450 DISCLOSURE, INSPECTION AND DUE DILIGENCE 451 10.PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF452 WATER.453 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline, Seller agrees to deliver to Buyer 454 the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller 455 to Seller’s actual knowledge and current as of the date of this Contract. 456 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer 457 any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material 458 facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely 459 disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing 460 or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that 461 Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 462 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections 463 (by one or more third parties, personally or both) of the Property and Inclusions (Inspection), at Buyer ’s expense. If (1) the physical 464 condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electric al, plumbing, 465 HVAC and other mechanical systems of the Property, (2) the physical condition of the I nclusions, (3) service to the Property 466 (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any 467 proposed or existing transportation project, road, street or highway, or (5) any other act ivity, odor or noise (whether on or off the 468 Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer ’s sole subjective discretion, 469 Buyer may: 470 10.3.1. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written 471 description of any unsatisfactory condition that Buyer requires Seller to correct ; or 472 10.3.2. Terminate. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 25.1, 473 that this Contract is terminated due to any unsatisfactory condition. Inspection Termination Deadline will be on the earlier of 474 Inspection Resolution Deadline or the date specified in § 3.1 for Inspection Termination Deadline. 475 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection 476 Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, 477 this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection 478 Objection before such termination, i.e., on or before expiration of Inspection Resolution Deadline. 479 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement 480 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports pe rformed at 481 Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer 482 must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnif y, 483 protect and hold Seller harmless from and against any liability, damag e, cost or expense incurred by Seller and caused by any such 484 Work, claim, or lien. This indemnity includes Seller ’s right to recover all costs and expenses incurred by Seller to defend against 485 any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and 486 expenses. The provisions of this Section survive the termination of this Contract. This § 10.4 does not apply to items performed 487 pursuant to an Inspection Resolution. 488 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for 489 property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or before Property Insurance 490 Termination Deadline, based on any unsatisfactory provision of the Property Insurance, in Buyer ’s sole subjective discretion. 491 10.6. Due Diligence. 492 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver copies of the following 493 documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due Diligence Documents 494 Delivery Deadline: 495 10.6.1.1. All current leases, including any amendments or other occupancy agreements, pertaining to the 496 Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 497 498 499 X THERE ARE NO LEASES PERTAINING TO THIS PROPERTY April 6, 2021 - Page 38 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 11 of 18 10.6.1.2. Other documents and information: 500 501 502 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object to Due Diligence 503 Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, 504 Buyer may, on or before Due Diligence Documents Objection Deadline: 505 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated; 506 or 507 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any 508 unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 509 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by 510 Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement 511 thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents 512 Resolution Deadline unless Seller receives Buyer ’s written withdrawal of the Due Diligence Documents Objection before such 513 termination, i.e., on or before expiration of Due Diligence Documents Resolution Deadline. 514 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property 515 owned by Buyer and commonly known as ___________________________________________. Buyer has the Right to Termi nate 516 under § 25.1 effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such property 517 is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buye r’s Notice to 518 Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 519 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not 520 acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for 521 the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. 522 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND 523 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO 524 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 525 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 526 10.10. Lead-Based Paint. 527 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings 528 constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate 529 licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) form on or before the Lead-Based Paint 530 Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely 531 receive the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 25.1 by Seller’s receipt of 532 Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. 533 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the 534 Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 25.1 by Seller’s 535 receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. If Buyer’s 536 Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be 537 received by Seller on or before Closing. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection 538 of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to 539 Terminate within such time, Buyer accepts the condition of the Property rela tive to any Lead-Based Paint as satisfactory and Buyer 540 waives any Right to Terminate under this provision. 541 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a 542 fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties 543 acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed wit hin 544 fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 545 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, 546 disposed of, used or stored at the Property, Seller is required to disc lose such fact. No disclosure is required if the Property was 547 remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further 548 acknowledges that Buyer has the right to engage a certified hy gienist or industrial hygienist to test whether the Property has ever 549 been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 25.1, upon Seller’s receipt of Buyer’s written 550 Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer’s test results that indicate the Property 551 has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the Sta te 552 Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of 553 the test. 554 11.TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted]555 X X April 6, 2021 - Page 39 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 12 of 18 CLOSING PROVISIONS 556 12.CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING.557 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable558 the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer i s 559 obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a 560 timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any 561 additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and 562 Seller will sign and complete all customary or reasonably-required documents at or before Closing. 563 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with 564 this Contract. 565 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as 566 the Closing Date or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by 567 ________________________________________. 568 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between 569 different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 570 13.TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender571 of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing:572 special warranty deed general warranty deed bargain and sale deed quit claim deed personal representative’s 573 deed ____________________________ deed. Seller, provided another deed is not selected, must execute and deliver a good 574 and sufficient special warranty deed to Buyer, at Closing. 575 Unless otherwise specified in §30 (Additional Provisions), if title will be conveyed using a special warranty deed or a gen eral 576 warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38 -30-113(5)(a), C.R.S. 577 14.PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens578 or encumbrances securing a monetary sum, including, but not limited to, any governmental liens for special improvements installed579 as of the date of Buyer’s signature hereon, whether assessed or not and previous years’ taxes, will be paid at or before Closing by580 Seller from the proceeds of this transaction or from any other source.581 15.CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES.582 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required 583 to be paid at Closing, except as otherwise provided herein. 584 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller 585 One-Half by Buyer and One-Half by Seller Other _______________________________________. 586 15.3. Status Letter and Record Change Fees. At least fourteen days prior to Closing Date, Seller agrees to promptly 587 request the Association to deliver to Buyer a current Status Letter. Any fees incident to the issuance of Association’s Status Letter 588 must be paid by None Buyer Seller One-Half by Buyer and One-Half by Seller. Any Record Change Fee must 589 be paid by None Buyer Seller One-Half by Buyer and One-Half by Seller. 590 15.4. Local Transfer Tax. The Local Transfer Tax of ________% of the Purchase Price must be paid at Closing by 591 None Buyer Seller One-Half by Buyer and One-Half by Seller. 592 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payable at Closing, such 593 as community association fees, developer fees and foundation fees, must be paid at Closing by None Buyer Seller 594 One-Half by Buyer and One-Half by Seller. The Private Transfer fee, whether one or more, is for the following association(s): 595 in the total amount of % of the Purchase Price or $________________. 596 15.6. Water Transfer Fees. The Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed 597 $____________ for: 598 Water Stock/Certificates Water District 599 Augmentation Membership Small Domestic Water Company 600 and must be paid at Closing by None Buyer Seller One-Half by Buyer and One-Half by Seller. 601 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by 602 None Buyer Seller One-Half by Buyer and One-Half by Seller. 603 15.8. FIRPTA and Colorado Withholding. 604 15.8.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller ’s proceeds be 605 withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liabl e for the 606 amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign 607 person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign 608 X Buyer and Seller X X X X 1 X X X X April 6, 2021 - Page 40 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 13 of 18 person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably 609 requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to 610 withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or 611 if an exemption exists. 612 15.8.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds 613 be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to 614 cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding 615 is required, Seller authorizes Closing Company to withhold such amount from Seller ’s proceeds. Seller should inquire with Seller’s 616 tax advisor to determine if withholding applies or if an exemption exists. 617 16.PRORATIONS AND ASSOCIATION ASSESSMENTS. The following will be prorated to the Closing Date, except as618 otherwise provided:619 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the 620 year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most 621 Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled veteran 622 exemption or Other . 623 16.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer 624 the security deposits for all Leases assigned, or any remainder after lawful deductions and notify all tenants in writing of such transfer 625 and of the transferee’s name and address. Seller must assign to Buyer all Leases in effect at Closing and Buyer must assume Seller ’s 626 obligations under such Leases. 627 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in 628 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance 629 by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer 630 acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any s pecial 631 assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any 632 special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether 633 assessed prior to or after Closing, will be the obligation of Seller. Seller represents there are no unpaid regular or special assessments 634 against the Property except the current regular assessments and ______________________________. Association Assessments are 635 subject to change as provided in the Governing Documents. 636 16.4. Other Prorations. Water and sewer charges, propane, interest on continuing loan and _______________________. 637 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final. 638 17.POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at Possession Time, subject to the639 Leases as set forth in § 10.6.1.1.640 If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and will be additional ly liable 641 to Buyer for payment of $______________ per day (or any part of a day notwithstanding § 18.1) from Possession Date and 642 Possession Time until possession is delivered. 643 Buyer represents that Buyer will occupy the Property as Buyer ’s principal residence unless the following box is checked, then 644 Buyer Does Not represent that Buyer will occupy the Property as Buyer’s principal residence. 645 If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement. 646 GENERAL PROVISIONS 647 18.DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.648 18.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time649 (Standard or Daylight Savings, as applicable). 650 18.2. Computation of Period of Days, Deadline. In computing a period of days (e.g., three days after MEC), when the 651 ending date is not specified, the first day is excluded and the last day is included. If any deadline falls on a Saturday, Sunday or 652 federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, 653 Sunday or Holiday. Should neither box be checke d, the deadline will not be extended. 654 19.CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND655 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the656 condition existing as of the date of this Contract, ordinary wear and tear excepted.657 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss 658 prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the 659 damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, 660 will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 25.1, on or 661 X 250.00 X April 6, 2021 - Page 41 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 14 of 18 before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to 662 carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were 663 received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount o f any 664 deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received 665 the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to 666 Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s 667 insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney 668 requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such 669 damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 670 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 671 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 672 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inc lusion 673 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenanc e or 674 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds re ceived by 675 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 676 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 677 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Ser vice. Such credit must 678 not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive 679 Closing. 680 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 681 result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such conde mnation 682 action. Buyer has the Right to Terminate under § 25.1, on or before Closing Date, based on such condemnation action, in Buyer ’s 683 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property a nd 684 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value 685 of the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the Purchase Price. 686 19.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the 687 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 688 19.5. Home Warranty. Seller and Buyer are aware of the existence of pre -owned home warranty programs that may be 689 purchased and may cover the repair or replacement of such Inclusions. 690 20.RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that691 the respective broker has advised that this Contract has important legal consequences and has recommended the examination of title692 and consultation with legal and tax or other counsel before signing this Contract.693 21.TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract.694 This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored695 or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party696 has the following remedies:697 21.1. If Buyer is in Default: 698 21.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid 699 by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty and the Parties agree the 700 amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to 701 treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 702 21.1.2. Liquidated Damages, Applicable. This § 21.1.2 applies unless the box in § 21.1.1. is checked. Seller may 703 cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that 704 the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair and 705 reasonable and (except as provided in §§ 10.4, 22, 23 and 24), said payment of Earnest Money is SELLER’S ONLY REMEDY for 706 Buyer’s failure to perform the obligations of this Contract. Seller expressl y waives the remedies of specific performance and 707 additional damages. 708 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received 709 hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, Buyer may elect to treat 710 this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 711 22.LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration712 or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all713 reasonable costs and expenses, including attorney fees, legal fees and expenses.714 23.MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties715 must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial p erson who helps716 April 6, 2021 - Page 42 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 15 of 18 to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is 717 binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator 718 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire 719 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that 720 party’s last known address (physical or electronic as provided in § 27). Nothing in this Section prohibits either party from filing a 721 lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This 722 Section will not alter any date in this Contract, unless otherwise agreed. 723 24.EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest724 Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding725 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subje ctive726 discretion, has several options: (1) wait for any proceeding between Buyer and Seller ; (2) interplead all parties and deposit Earnest727 Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and728 legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a c opy of729 the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one730 hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest731 Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time732 of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm t he733 obligation of § 23 (Mediation). This Section will survive cancellation or termination of this Contract.734 25.TERMINATION.735 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the736 termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written 737 notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or 738 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory 739 and waives the Right to Terminate under such provision. 740 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder will be returned 741 to Buyer and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24. 742 26.ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified743 addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining744 thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of th e terms745 of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or746 obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives t he same.747 Any successor to a party receives the predecessor’s benefits and obligations of this Contract.748 27.NOTICE, DELIVERY AND CHOICE OF LAW.749 27.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in750 §27.2 and is effective when physically received by such party, any individual named in this Contract to receive documents or notices751 for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be752 received by the party, not Broker or Brokerage Firm).753 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer or 754 Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Bro ker 755 working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm) 756 at the electronic address of the recipient by facsimile, email or ______________________________________. 757 27.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address 758 of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the 759 documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 760 27.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with 761 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property 762 located in Colorado. 763 28.NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and764 Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 27 on or before765 Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and766 no others April 6, 2021 - Page 43 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 16 of 18 Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such 767 copies taken together are deemed to be a full and complete contract between the parties. 768 29.GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited769 to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance,770 Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability, Due771 Diligence, and Source of Water.772 ADDITIONAL PROVISIONS AND ATTACHMENTS 773 30.ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate774 Commission.)775 776 777 778 779 780 781 31.OTHER DOCUMENTS.782 31.1. The following documents are a part of this Contract:783 31.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 the 784 Post-Closing Occupancy Agreement is a part of this Contract. 785 786 787 788 31.2. The following documents have been provided but are not a part of this Contract: 789 790 791 792 SIGNATURES 793 794 Buyer’s Name: Buyer’s Name: Buyer’s Signature Date Buyer’s Signature Date Address: Address: Phone No.: Phone No.: Fax No.: Fax No.: Email Address: Email Address: [NOTE: If this offer is being countered or rejected, do not sign this document. 795 Seller’s Name: Seller’s Name: Seller’s Signature Date Seller’s Signature Date Address: Address: Phone No.: Phone No.: This contract, and any obligation of the Buyer contained herein, is expressly conditioned upon the approval by the Vail Town Council on April 6, 2021 of a resolution authorizing this contract and the purchase of the subject property. If no resolution by the Town Council authorizing this contact is approved by April 6, 2021 this contract shall be void of no force or effect, and all earnest money shall be returned to the Buyer by 5:00 p.m. on April 7, 2021. Town of Vail Kristen M. Enright 75 S Frontage Road W Vail, CO 81657 970-479-2100 April 6, 2021 - Page 44 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 17 of 18 Fax No.: Fax No.: Email Address: Email Address: 796 END OF CONTRACT TO BUY AND SELL REAL ESTATE 797 32.BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the writ ten mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder ’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. This is a Change of Status. Customer. Broker has no brokerage relationship with Buyer. See § 33 for Broker’s brokerage relationship with Seller. Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Firm Buyer Other . Brokerage Firm’s Name: Brokerage Firm’s License #: Broker’s Name: Broker’s License #: Broker’s Signature Date Address: Phone No.: Fax No.: Email Address: 33.BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the writ ten mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder ’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23. Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. This is a Change of Status. Customer. Broker has no brokerage relationship with Seller. See § 32 for Broker’s brokerage relationship with Buyer. Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . April 6, 2021 - Page 45 of 130 CBS1-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 18 of 18 Brokerage Firm’s Name: Brokerage Firm’s License #: Broker’s Name: Broker’s License #: Broker’s Signature Date Address: Phone No.: Fax No.: Email Address: 798 April 6, 2021 - Page 46 of 130 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: F ire E ngine Contract Award to Front Range Fire A pparatus AC T IO N RE Q UE S T E D O F C O UNC I L: A uthorize the Town Manager to enter into an agreement with F ront Range F ire Apparatus B AC K G RO UND: The 2021 Capital P rojects Fund allocated $880,000 for the purchase of a new fire engine. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a form approved by the Town A ttorney, with F ront Range F ire Apparatus in an amount not to exceed $816,540.00 AT TAC H ME N TS: Description Staff Memo Re Fire Engine Contract April 6, 2021 - Page 47 of 130 To: Town Council From: Mark Novak, Fire Chief Date: April 6, 2021 Subject: Fire Engine Contract Award I. Item Fire Engine contract award II. Action Requested of Council Authorize the Town Manager to enter into a contract agreement with Front Range Fire Apparatus III. Background The 2021 Capital Projects Fund includes $880,000 for the acquisition of a new fire engine. In February of 2021, Vail Fire and Emergency Services (VFES) issued a Request for Proposals. Several manufactures declined to submit a proposal. Front Range Fire Apparatus submitted a proposal that met the requirements of the RFP. The contract amount is $816,541. It is expected that there will be additional savings due to value engineering and partial pre-payment credits. The balance of funds allocated for this project will be used to purchase equipment to outfit the fire engine. IV. Staff Recommendation Authorize he Town Manager to enter into a contract agreement, in a form approved by the Town Attorney with Front Range Fire Apparatus in an amount not to exceed $816,541.00 April 6, 2021 - Page 48 of 130 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: L ionshead Parking S tructure S tructural Repair Contract Award AC T IO N RE Q UE S T E D O F C O UNC I L: A uthorize the Town Manager to enter into an agreement with Restruction Corporation in the amount not to exceed $632,848.00. B AC K G RO UND: The structural E ngineering firm of J .R. Harris and associates did a structuralassessment of the L ionshead parking Structure in the fall of 2020 and produced a reportof their findings. Due to the very technical and dangerous nature of this workRestruction Corporation was engaged to price and perform the work. T here are only twofirms in Colorado capable of this type of work. Only Restruction Corporation wasinterested. This project will be paid for out of the P arking Structure Capitol account. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement with Restruction Corporation in the amount not to exceed $632,848.00. AT TAC H ME N TS: Description Staff Memo April 6, 2021 - Page 49 of 130 To: Town Council From: Public Works Department Date:April 6, 2021 Subject: Lionshead Parking Structure Structural Repair I. ITEM/TOPIC Lionshead Parking Structure Structural Repair Contract Award. II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Restruction Corporation in the amount not to exceed $632,848.00. III. BACKGROUN The structural Engineering firm of J.R. Harris and associates did a structural assessment of the Lionshead parking Structure in the fall of 2020 and produced a report of their findings. Due to the very technical and dangerous nature of this work Restruction Corporation was engaged to price and perform the work. There are only two firms in Colorado capable of this type of work. Only Restruction Corporation was interested. This project will be paid for out of the Parking Structure Capitol account. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with with Restruction Corporation in the amount not to exceed $632,848.00. April 6, 2021 - Page 50 of 130 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: Police Department Roof Top A ir conditioning units Contract Award AC T IO N RE Q UE S T E D O F C O UNC I L: A uthorize the Town Manager to enter into an agreement with A merican Mechanical S ervices in the amount not to exceed $112,239.00. B AC K G RO UND: Town staff is working to replace all 8 of the Police Department roof top units two peryear. T his will be the second year of replacement. T his year we will replace the unit thatprovides heat and cooling to the dispatch I T room and the unit that provides heat andcooling to the detectives’ offices. The new units are high efficiency and will save bothnatural gas and electric. Two bids were received for this work. T he low bidder wasAmerican Mechanical Services. This project will be paid for out of the F acility Capitolaccount. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement with A merican Mechanical S ervices in the amount not to exceed $112,239.00. AT TAC H ME N TS: Description Staff Memo April 6, 2021 - Page 51 of 130 To: Town Council From: Public Works Department Date:April 6, 2021 Subject: Police Department Roof Top Air conditioning units I. ITEM/TOPIC Police Department Roof Top Air conditioning units Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with American Mechanical Services in the amount not to exceed $112,239.00. III. BACKGROUN Town staff is working to replace all 8 of the Police Department roof top units two per year. This will be the second year of replacement. This year we will replace the unit that provides heat and cooling to the dispatch IT room and the unit that provides heat and cooling to the detectives’ offices. The new units are high efficiency and will save both natural gas and electric. Two bids were received for this work. The low bidder was American Mechanical Services. This project will be paid for out of the Facility Capitol account. . IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with American Mechanical Services in the amount not to exceed $112,239.00. April 6, 2021 - Page 52 of 130 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: Eagle River Water and S anitation District Water S upply Master Plan P resentation P RE S E NT E R(S ): L inn Brooks, E RW S D General Manager; J ason Cowles, E RW S D Director of E ngineering and Water Resources; Diane J ohnson, E RW S D Communications and P ublic Affairs Manager AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and ask questions. B AC K G RO UND: General Manager L inn Brooks will provide an overview of water issues in the valley to set the stage for discussing the Water Resources Master Plan in the second presentation to the Vail Town Council on April 20, 2021. AT TAC H ME N TS: Description W ater Supply Master Plan Presentation April 6, 2021 - Page 53 of 130 Water Supply Planning: Water history and issues in the Eagle River Valley Linn Brooks, General Manager April 6, 2021 - Page 54 of 130 Outline •Current political structure •History of water in Eagle River Valley •Where our water comes from •How we use water •Important future issues April 6, 2021 - Page 55 of 130 3 April 6, 2021 - Page 56 of 130 4 April 6, 2021 - Page 57 of 130 5 April 6, 2021 - Page 58 of 130 Early Eagle County Edwards, CO; courtesy of Eagle County Historical Society April 6, 2021 - Page 59 of 130 Genealogy –ERWSD 7 April 6, 2021 - Page 60 of 130 Genealogy –UERWA 8 April 6, 2021 - Page 61 of 130 Benefits of regionalization •Centralized water rights administration and strategy •Integrated water systems for flexibility and optimization •Administrative and operational efficiency •Development of in-basin reservoir storage April 6, 2021 - Page 62 of 130 Service area and watershed 10 April 6, 2021 - Page 63 of 130 Snowpack April 6, 2021 - Page 64 of 130 Conceptual diagram of dry year Eagle River streamflow April 6, 2021 - Page 65 of 130 Zebulon Pike April 6, 2021 - Page 66 of 130 Conceptual diagram of dry year Eagle River streamflow April 6, 2021 - Page 67 of 130 Black Lake 1 15 April 6, 2021 - Page 68 of 130 Eagle Park Reservoir 16 Photo: Ken Neubecker April 6, 2021 - Page 69 of 130 Homestake Reservoir 17 Photo: Brent Gardner-Smith/Aspen Journalism April 6, 2021 - Page 70 of 130 April 6, 2021 - Page 71 of 130 Diversions and outfalls 19 April 6, 2021 - Page 72 of 130 Water for new development NEW RESERVOIR STORAGE •Developers must dedicate, or pay a fee for, an adequate supply of water. •Creating new storage is costly and takes many years, and is not feasible for developers to accomplish. •Reservoirs are expanded or new storage is built to serve forecasted growth. CONSERVATION •Building code efficiency requirements. •Reducing water use for landscaping. 20 April 6, 2021 - Page 73 of 130 Outdoor water efficiency 21 Drinking Water Facility Wastewater Treatment Facility April 6, 2021 - Page 74 of 130 Topics for the next presentation •Water supply model and conclusions •Water supply master plan •Proposed Programs and Projects April 6, 2021 - Page 75 of 130 QUESTIONS / DISCUSSION 23 April 6, 2021 - Page 76 of 130 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: Verbal Update: E ast Vail Control B urn Timber Ridge Housing Opportunities E mployees Retiring April 6, 2021 - Page 77 of 130 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 7, S eries 2021 First Reading, A n Ordinance Amending Chapter 2 of Title 4 of the Val Town Code to A uthorize the Creation of Entertainment Districts in the Town P RE S E NT E R(S ): Tammy Nagel, Town Clerk AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 7, Series of 2021 upon first reading B AC K G RO UND: The Town Council desires to establish the criteria for entertainment districts and common consumption areas, including application procedures, fees, and hours of operation for common consumption areas in entertainment district. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 7, Series of 2021 upon first reading AT TAC H ME N TS: Description Ordinance No. 7, Series of 2021 April 6, 2021 - Page 78 of 130 Ordinance No. 7, Series of 2021 ORDINANCE NO. 7 SERIES 2021 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN CODE TO AUTHORIZE THE CREATION OF ENTERTAINMENT DISTRICTS IN THE TOWN WHEREAS, pursuant to C.R.S. § 44-3-301(11), with approval of the governing body, a local licensing authority may allow for the creation of entertainment districts, which allows consumption of alcohol beverages in common consumption areas; WHEREAS, the Town Council desires to exercise its local option to allow creation of entertainment districts with associated common consumption areas in the Town; and WHEREAS, the Town Council desires to establish the criteria for entertainment districts and common consumption areas, including application procedures, fees, and hours of operation for common consumption areas in entertainment district. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4-2-7, to read as follows: 4-2-7: ENTERTAINMENT DISTRICTS. A. Purpose. The purpose of this Section is for the Town to exercise its local option to allow common consumption areas in the Town by establishing entertainment districts. The regulations in this Section are in addition to all other applicable regulations in the Colorado Liquor Code, Colorado Beer Code and this Code. B. Definitions. For purposes of this Section, the following terms have the following meanings: Common consumption area means an area designed as a common area located within a designated entertainment district and approved by the Local Licensing Authority that uses physical barriers to close the area to motor vehicle traffic and limit pedestrian access. Entertainment district is defined in C.R.S. § 44-3-103, as amended. Local Licensing Authority is the authority created by Chapter 5 of Title 3 of the Vail Town Code. Promotional association means an association that is incorporated in Colorado that organizes and promotes entertainment activities within a April 6, 2021 - Page 79 of 130 2 Ordinance No. 7, Series of 2021 common consumption area and is organized or authorized by two (2) or more people who own or lease property within an entertainment district. C. Creation. Entertainment districts shall be approved by resolution of the Town Council. Following approval of an entertainment district, the Local Licensing Authority may certify promotional associations to operate common consumption areas within the entertainment district in which alcohol beverages may be sold, served and consumed subject to the requirements of this Code, the Colorado Liquor Code and the Colorado Beer Code, and conditions set forth in the resolution approving the entertainment district. D. Delegation of authority. The Local Licensing Authority hereby delegates to the Town Clerk the authority to: certify and decertify promotional associations; designate the location, size, security, and hours of operation of common consumption areas; and allow attachment of licensed premises to common consumption areas consistent with this Section. The Town Clerk may impose reasonable conditions on common consumption areas, the certification of promotional associations, and the attachment of licensed premises to common consumption areas. E. Certification of a promotional association. 1. An application to certify a promotional association shall include the following minimum information: a. A copy of the articles of incorporation and bylaws and a list of all directors and officers of the promotional association. A member of each licensed premises shall serve as one of the directors on the board of the promotional association which shall have at least two (2) licensed premises attached to the common consumption area; b. A detailed map of the proposed common consumption area, including without limitation: the location of physical barriers, entrances and exits, the location of attached licensed premises, and identification of licensed premises that are adjacent, but not to be attached to the common consumption area; c. A security plan, including evidence of training and approval of personnel, a detailed description of security arrangements and the approximate location of security personnel within the common consumption area during operating hours; d. A list of dates and proposed hours of operation of the common consumption area; e. Documentation showing possession of the common consumption area by the promotional association; April 6, 2021 - Page 80 of 130 3 Ordinance No. 7, Series of 2021 f. A list of the attached licensees, of which there shall be a minimum of two (2), listing the following information: liquor license number; any past liquor violations; and a copy of any operational agreements; g. An insurance certificate of general liability and liquor liability insurance naming the Town as an additional insured in a minimum amount of two million dollars ($2,000,000.00); h. Documentation of the reasonable requirements of the neighborhood and the desires of the adult inhabitants for a common consumption area, as evidenced by petitions, written testimony or otherwise; and i. The application fee established pursuant to Section 3-5-9 of this Code. 2. Upon certification of a promotional association, the terms and conditions of the approval shall remain effective until and unless a revised or amended application is submitted and approved using the same procedures under which the original application was approved. 3. A certified promotional association shall file an application for recertification by January 31st of each year, which shall include the following: all of the information in the original application, plus a copy of any changes to the articles of incorporation, bylaws or the directors and officers of the promotional association. Failure to submit a complete application shall be grounds for the denial of the recertification. 4. An application by a liquor licensee to attach to an existing common consumption area of a certified promotional association shall include without limitation: a. Authorization for attachment from the certified promotional association; b. The name of the licensee's designee to sit on the board of directors of the certified promotional association; c. Detailed map of the common consumption area showing the addition of the new licensee including location of physical barriers, entrances and exits, location of attached licensed premises, identification of licensed premises that are adjacent but not to be attached to the common consumption area, approximate location of security personnel; and d. An application fee as set by resolution of the Town Council. April 6, 2021 - Page 81 of 130 4 Ordinance No. 7, Series of 2021 F. Review of applications. 1. Upon receipt of an application for certification or recertification of a promotional association, or attachment of a liquor licensee to an existing common consumption area, the Local Licensing Authority shall review the application for compliance with this Code, the Colorado Liquor Code, and the Colorado Beer Code, and may either approve the application, with or without conditions, or may deny the application. 2. The Local Licensing Authority has the power to decertify a promotional association as authorized by C.R.S. § 44-3-301(11)(c)(III), as amended. G. Operational requirements. 1. The size of the common consumption area shall not exceed the area approved as the entertainment district within which the common consumption area is located, but may, with approval of the Local Licensing Authority, be a smaller area within the entertainment district, provided that the common consumption area is clearly delineated using physical barriers to close the area to motor vehicle traffic and to limit pedestrian access. 2. The promotional association shall provide an appropriate amount of security, as determined by the Local Licensing Authority, to ensure compliance with the Colorado Liquor Code, the Colorado Beer Code, and to prevent a safety risk to the neighborhood. 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 hav e 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. 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 April 6, 2021 - Page 82 of 130 5 Ordinance No. 7, Series of 2021 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 6th day of April, 2021 and a public hearing for second reading of this Ordinance set for the _____ day of ______________, 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 ___ day of ______________________, 2021. _____________________________ Dave Chapin, Mayor ATTEST: _________________________________ Tammy Nagel, Town Clerk April 6, 2021 - Page 83 of 130 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 8, S eries of 2021 First Reading, An Ordinance A mending S ection 5-1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Z one Districts B etween the Hours of 2:00 P.M. and 8:00 P.M. P RE S E NT E R(S ): S cott Robson, Town Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 8, Series of 2021 upon first reading. B AC K G RO UND: Vail Town Council directed staff to recommend changes to the Vail Town Code to support the goal of the Town to balance the desire to create entertainment activations in Vail Village and L ionshead Village while being respectful of the combination of commercial and residential neighborhoods. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 8, Series of 2021 upon first reading. AT TAC H ME N TS: Description Memo Ordinance No. 8 Amending Noise Section 040621 Ordinance No. 8 Series of 2021 April 6, 2021 - Page 84 of 130 To: Mayor and Town Council From: Town Manager’s Office (and Police, Community Development, Economic Development, Town Clerk Offices) Date: April 6, 2021 Subject: Review Ordinance No. 8, Series of 2021, Amending Section 5-1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Zone Districts I. SUMMARY Town staff have presented a proposal for amending the Town Code related to noise standards and allowable decibel limits. The Town Council is asked to consider Ordinance No. 8, Series of 2021, An Ordinance Amending Section 5-1-7(D) concerning noise regulations in certain zone districts between the hours of 2:00 pm and 8:00 pm. The ordinance would amend the Town Code as it relates to amplified sound regulations in Vail Village and Lionshead. The ordinance would increase the allowable maximum decibel level from the current 65 dB to 80 dB between the hours of 2 p.m. and 8 p.m. The intent of the ordinance is to balance the desire to create entertainment activations in the villages while being respectful of commercial and residential neighborhoods. II. BUSINESS POINTS Objectives of proposed code amendment include: ▪ Provide regulations that help balance the desire to create entertainment activations in the villages while being respectful of the combination of commercial and residential neighborhoods, ▪ Provide regulations that are easy to understand by those who enforce the code and by those who must abide by the code, ▪ Address the time and zone for use of amplified sound as a means of creating the needed balance between residential and commercial neighborhoods. The Code addresses “allowable decibel limits” as noted in the table below: Proposed table addressing allowable limits for specified time periods and zones: Zoning Designation of Property on Which Source of Noise is Located Maximum Number of Decibels Permitted from 7:00 a.m. to 11:00 p.m. Maximum Number of Decibels Permitted From 11:00 p.m. to 7:00 a.m. All residential zones excepting HDMF 55 decibels 50 decibels Commercial plus HDMF 65 decibels 60 decibels Industrial service zones 80 decibels 75 decibels April 6, 2021 - Page 85 of 130 Town of Vail Page 2 Zoning Designation of Property on Which Source of Noise Is Located Maximum Number of Decibels Permitted from 2:00 p.m. to 8:00 p.m. Maximum Number of Decibels Permitted at All Other Times Lionshead Mixed Use 1, Public Accommodation, Commercial Service Center, Commercial Core 1, Ski Base/Recreation 2 80 decibels Refer to above table III. ACTION REQUESTED Town Council is asked to consider Ordinance No. 8, Series of 2021 as a code amendment to Section 5-1-7(D) and suggest modifications if appropriate. This is first reading of the ordinance. April 6, 2021 - Page 86 of 130 Ordinance No. 8, Series of 2021 ORDINANCE NO. 8 SERIES 2021 AN ORDINANCE AMENDING SECTION 5-1-7(D) OF THE VAIL TOWN CODE CONCERNING NOISE REGULATIONS IN CERTAIN ZONE DISTRICTS BETWEEN THE HOURS OF 2:00 P.M. AND 8:00 P.M. WHEREAS, Town staff has recommended changes to the Vail Town Code to support the goal of the Town to balance the desire to create entertainment activations in Vail Village and Lionshead Village while being respectful of the combination of commercial and residential neighborhoods. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-7(D) of the Vail Town Code is hereby amended to read as follows: 5-1-7: NOISE PROHIBITED: * * * D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified: Zoning Designation of Property on Which Source of Noise is Located Maximum Number of Decibels Permitted from 7:00 a.m. to 11:00 p.m. Maximum Number of Decibels Permitted From 11:00 p.m. to 7:00 a.m. All residential zones excepting HDMF 55 decibels 50 decibels Commercial plus HDMF 65 decibels 60 decibels Industrial service zones 80 decibels 75 decibels Zoning Designation of Property on Which Source of Noise Is Located Maximum Number of Decibels Permitted from 2:00 p.m. to 8:00 p.m. Maximum Number of Decibels Permitted at All Other Times Lionshead Mixed Use 1, Public Accommodation, Commercial Service Center, Commercial Core 1, Ski Base/Recreation 2 80 decibels Refer to above table * * * April 6, 2021 - Page 87 of 130 2 3/30/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\ORDINANCE NO. 8 SERIES OF 2021.PDF.DOCX 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 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. 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 6th day of April, 2021 and a public hearing for second reading of this Ordinance set for the ___ day of ________________, 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 ___ day of ______________________, 2021. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk April 6, 2021 - Page 88 of 130 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 4, S eries of 2021, Second reading, An Ordinance A mending 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 Commercial Breeding Facilities P RE S E NT E R(S ): Matt Gennett, Director of Community Development AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Ordinance No. 4, Series of 2021, upon second reading. B AC K G RO UND: The Community Development Department is proposing to update the Vail Town Code to add a new A rticle 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 IO N: A pprove Ordinance No. 4, Series of 2021 upon second reading. AT TAC H ME N TS: Description Staff Memorandum Ordinance No. 4, Series of 2021 April 6, 2021 - Page 89 of 130   TO: Vail Town Council FROM: Community Development Department DATE: April 6, 2021 SUBJECT: Second reading of Ordinance No. 4, Series of 2021, An ordinance amending Title 6 of the Vail Town Code by the addition of a new Article 4B regarding Pet Shops. 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, and the sale of other animals that are unhealthy or raised in inhumane conditions, 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 second 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 4B regarding Pet Shops. The following language constitutes the proposed text amendment: ARTICLE B. PET SHOPS 6-4B-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: April 6, 2021 - Page 90 of 130   Town of Vail  Page 2  ANIMAL: As defined in Section 6-4-2 of this Code. 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. PET SHOP: A retail establishment where animals are sold, exchanged, bartered, or offered for sale as pets to the general public at retail, but excluding an animal care facility or animal rescue organization. 6-4B-2: PET SHOP REGULATIONS: 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. D. It is unlawful for a pet shop to offer any of the following for sale, barter or auction: a sick or injured animal; an animal that is so young or weak that its transfer would be injurious to the animal; or an animal that has been inhumanely bred or raised. 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 April 6, 2021 - Page 91 of 130   Town of Vail  Page 3  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. 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. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2021, upon second reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 4, Series of 2021, an ordinance amending Title 6, Chapter 4, of the Vail Town Code by the addition of a new Article 4B regarding Pet Shops, Vail Town Code, pursuant to Section 12-3-7, Amendment, to outlaw the sale of dogs and cats from puppy and kitten mills, and the sale of other animals that are unhealthy or raised in inhumane conditions, 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 make 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.” April 6, 2021 - Page 92 of 130   Town of Vail  Page 4  VI. ATTACHMENTS A. Ordinance No. 4, Series of 2021 April 6, 2021 - Page 93 of 130 1 ORDINANCE NO. 4 SERIES 2021 AN ORDINANCE AMENDING TITLE 6 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW ARTICLE 4B REGARDING PET SHOPS 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; WHEREAS, the Town Council further finds and determines that the sale of other animals that are unhealthy or raised in inhumane conditions is also 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. PET SHOPS 6-4B-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ANIMAL: As defined in Section 6-4-2 of this Code. 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. April 6, 2021 - Page 94 of 130 2 CAT: As defined in Section 6-4-2 of this Code. DOG: As defined in Section 6-4-2 of this Code. PET SHOP: A retail establishment where animals are sold, exchanged, bartered, or offered for sale as pets to the general public at retail, but excluding an animal care facility or animal rescue organization. 6-4B-2: PET SHOP REGULATIONS: 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. D. It is unlawful for a pet shop to offer any of the following for sale, barter or auction: a sick or injured animal; an animal that is so young or weak that its transfer would be injurious to the animal; or an animal that has been inhumanely bred or raised. 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. April 6, 2021 - Page 95 of 130 3 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. 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 6th day of April 2021. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk April 6, 2021 - Page 96 of 130 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 5, S eries of 2021, Second Reading, Budget S upplemental No. 1, an ordinance making budget adjustments to the Town of Vail General F und, Capital Projects F und, Real Estate Transfer Tax Fund, Housing F und, Marketing Fund, Heavy E quipment F und, Debt S ervice Fund and Dispatch Services F und of the 2021 B udget for the Town of Vail. P RE S E NT E R(S ): Carlie Smith, Financial S ervices Manager and Kathleen Halloran, Finance Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, or approve with amendments Ordinance No. 5, Series 2021. B AC K G RO UND: P lease see attached memorandum. S TAF F RE C O M M E ND AT IO N: A pprove, or approve with amendments Ordinance No. 5, S eries 2021. AT TAC H ME N TS: Description 2021 1st Budget Supplemental April 6, 2021 - Page 97 of 130 TO: Vail Town Council FROM: Finance Department DATE: April 6, 2021 SUBJECT: 2020 Results and 2021 Supplemental Appropriation I. SUMMARY The completion of the 2020 financials sets the stage for this supplemental appropriation of 2021 with the identification of capital projects that span more than one year and need to have funding re-appropriated to the current year. In Tuesday evening’s session, you will be asked to approve the first reading of Ordinance No. 5 making supplemental appropriations and adjustments to the 2020 budget. II.DISCUSSION Changes to the budget supplemental request from first reading General Fund On March 30, the town learned that Vail will receive a total of $1.17 million in American Rescue Plan (ARP) funds from the federal government, with 50% that expected in 2021 and the remainder in 2022. The General Fund budget has been adjusted to reflect the $585,000 to be received this year. Regarding the use of these federal stimulus funds, staff recommends approximately $400,000 to reimburse the town for COVID-related and relief program expenditures not covered by the previous CARES Act funds of $1.4M. This would leave $185,000 in 2021 and $585,000 in 2022 for future COVID-related expenditures or other options outlined by the Plan. While the ARP allows the town to recover lost sales tax revenues due to the pandemic or pay for essential employees, Town Council may want to strategize on preserving those funds for future relief program needs, public health initiatives, economic stimulus efforts or special marketing efforts to safely reclaim Vail’s tourist market. Staff will return to Council at a later date to focus on the best use of the ARP funds.” Staff has also reflected an increase in grant revenues with corresponding expenditures of $2,500 for a library CARES grant to be used towards audio books. The above adjustments to the General Fund 2021 budget will result in an estimated fund balance of $38.7 million by the end of 2021, or 88% of annual revenues in a normal year. April 6, 2021 - Page 98 of 130 - 2 - Capital Projects Fund During the March 6th Town Council meeting, Council was given two presentations from the environmental department about green house gas emission goals and community energy efficiencies. As part of the town’s environmental sustainability efforts, staff will continue to prioritize emission reductions and implement energy efficient strategies into current and future capital projects. Examples that are included in the 2021 budget are the replacement of gas- powered buses with electric buses, added electric conduits at the new Public Works shop building to allow for future electrification, and solar panels at the Public Works shops building. Real Estate Transfer Tax Fund Since the first reading staff has reflected an increase of $25,000 in budgeted expenditures for a campaign to educate hikers of parking lot closures and transportation alternatives to the Booth Lake trailhead to help reduce the impacts of overcrowding at the trail. This was approved by Council on March 16th. During the first reading Council requested more information on the parentship with Colorado Parks and Wildlife (CPW) to film the Big Horn Sheep Documentary. In 2019 the town asked CPW to engage in an effort to collar and study the E. Vail Bighorn Sheep with the intent to pay for a portion of this study. Instead, CPW was able to find grants and internal funding to cover the entire cost of the study (valued at approximately $200,000) for labor, medical testing, GPS collars, etc. As part of the environmental department’s wildlife education initiatives, the environmental department proposed to document the study with a film. The town has engaged Capture the Action, a local firm, to go on site on certain days with CPW to film the process, conduct the interviews, and capture the B roll needed. The town plans to also engage Capture the Action to film the Town's habitat burn project this spring, should conditions be appropriate. Repeated from the 1st Reading on March 17th With stay at home orders and business closures taking place in March, Town Council immediately implemented the town’s 6-level recession plan in anticipation of a decline in sales tax collections, the town’s largest revenue source. The budget was adjusted to the third level, “Significant” in March based on a projected 14.5% decrease in revenues, or nearly $10 million less than the 2020 original budget. By June, Town Council directed staff to move to the fourth level “Crisis,” anticipating a 21% decrease in revenues, or $15.3 million. Each level included a combination of expenditure cuts and use of reserves to offset revenue impacts. Through cost-saving measures of $3.2 million, sales tax exceeding expectations by $2.5 million, and support from the federal CARES Act of $2.8 million, the town was able offset revenue losses of $5.3 million while providing $2.7 million in relief to the community and local businesses. At the end of the day, the town was able to get through this challenging year without dipping into reserves for operations. 2020 RESULTS Across all funds, total revenue of $73.9 million was down 8%, or $6.3 million, from the prior year, but up 3.5%, or $2.5 million from budget, mainly due to sales tax collections of $25.0 million, down 15% from 2019 and up 11.0% from budget. After a steady start to the year, sales tax collections were hit hardest in March and April. Combined, these months were down $3 million or approximately 53% from 2019. May and June lagged, with collections down 35%. With outdoor music activations and a strong drive market, July saw improvement, down 16%. April 6, 2021 - Page 99 of 130 - 3 - By September, the town experienced record sales with each month through November up 10% or more from the prior year. Due to increased cases of the virus during the winter impacting visitation, December sales tax showed a 19% decrease from 2019. In total, sales tax collections for 2020 experienced a 15% reduction, or $4.3 million decline from 2019. This is a similar impact as the Great Recession when sales tax collections were down 14% in 2009, yet a marked improvement from 2020 budgeted expectations of a 23% decline in sales tax. Real Estate Transfer Tax collections surpassed all expectations with a record number of real estate purchases. RETT collections for 2020 total $10.3 million, an increase of 43% from 2019. A total of 432 properties were sold, with 66% of the real estate sales were priced over $2.5 million. Construction Use Tax collections of $2.1 million were down 16%, or $390,000 from 2019. Other construction related revenues of $1.9 million in 2020 were down 23%, or $593.000 from 2019. The majority of construction activity was related to residential projects totaling 880, compared to 91 commercial or mixed-use projects.  Lift tax collections of $4.1 million were down 21%, or $1.1 million from 2019. Parking revenues totaled $4.1 million during 2020, down 23%, or $1.2 million from 2019. Daily parking sales in the parking structures were down 24%, while pass sales were down 37%. 2020 net expenditures totaled $62.0 million compared to $93.4 million budgeted. Of the $31.4 million variance, $21.3 million is requested for re-appropriation for capital projects currently underway in the Capital, RETT, Dispatch, and Heavy Equipment Funds. The remaining savings of $10.1 million was a result of savings from capital projects ($4.6), town- wide staffing vacancies ($800K), delay of the Civic Center Master Plan ($200K), a decrease in special event allocations due to the pandemic ($503K), COVID economic Development programs such as the commercial rent relief and winter tenting programs ($606.4) and reduced general operating expenditures of $1.7 million such as professional fees, supplies, cinders, and snowmelt/loading delivery shared costs. At the end of the day, the town was able to get through this year without dipping into reserves. At the end of 2020 reserves are projected to be $116.1 million. Available reserves remain healthy at a projected 90.3 million at the end of 2020, up 16% from 2019. During 2021 town is projected to use $30.0 million of reserves for capital projects. April 6, 2021 - Page 100 of 130 - 4 - 2021 SUPPLEMENTAL APPROPRIATION The main purpose of this supplemental is to re-appropriate funds for capital projects that were started in 2020 and are continuing into this year, or projects that did not begin as planned. There are also adjustments needed to reflect events or decisions that have occurred since the 2021 budget was finalized. 2021 Original Budget The original 2021 budget was passed with the “crisis” recession plan in place, with a 24% decrease in sales tax collections from 2019 and a 10% decrease from where we ended in 2020. 2021 operating expenses in the General Fund are also budgeted at the “crisis” level, saving $613,000, or 7.5% from original 2020 budget. Those savings will continue into 2021. Relief programs for both the community and local businesses remain budgeted at a combined $630,000. Compensation The town saved $1.9 million in staffing expenditures across all funds during 2020. A majority of the savings ($1.1M) was due to wage and hiring freezes implemented as part of the recession plan. Another $800,000 was saved in both salaries and benefits from vacancies. With the pandemic impacts continuing during the 2021 Budget hearings, Town Council built in a 3% merit increase for employees with the caveat that no increases would occur until after first quarter. Based on financial results of 2020 and comparative data from peer resort communities, staff is requesting to bring back the original 2020 budgeted merit rate (4% plus 0.5% market adjustment) for 2021. The net increase of 1.5% equates to $204K in expense for 2021. Another request is for $544,000 to catchup the 4% merit of 2020 for the employees with a wage freeze in 2020. While they will not earn the retroactive amount of the 2020 4% merit back to their anniversary date, implementing the 2020 merit in 2021 will help to equalize the pay rate disparity between employees that received merit in 2020 and those that did not. Combined, these requests will help the town keep compensation on target among our peer organizations rather than slip further behind. In total, these new requests would add $748,000 across all funds. At the time the recession plan was implemented, the town was planning for a crisis-level reduction in revenues. 2020 actual results came in much better than anticipated with revenues over budget and significant savings in operating expenditures. Town reserves were increased in 2020 rather than drawn upon. In light of this updated information, as well as peer comparison data, staff is requesting to lessen the cost saving measures in personnel expenditures that were implemented in 2020 and continued into the original 2021 budget. General Fund Budgeted revenues will increase by $2,120,040 in grant reimbursements. The majority of this increase ($1,789,613) is a Federal Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) transit grant. The total amount of this grant is $3,579,226 and will reimburse the town for eligible transit operating and administrative costs between January 2020 and December 2023. Staff recommends allocating 50% of the total grant in 2021, 30% in 2022, and 20% in 2023. The remaining $200,000 of the increase reflects CARES grant reimbursements awarded in 2020 for transit costs ($200,000). April 6, 2021 - Page 101 of 130 - 5 - General Fund expenditures are proposed to increase by $1,032,846. This includes:  $15,000 personnel costs for the Transit Host Program (January – March)  $17,000 increase in water expenses based on rate increases by Eagle River Water and Sanitation District.  $30,000 for new COVID-19 signage in the villages.  $75,000 for a spring “Work from Vail’ marketing campaign to incentivize mid-week travel. This total cost includes $45,000 for a Feb 5th- April 9th digital marketing campaign and $25,000 for gift cards (1,000 X$25.00) with an additional $5,000 for the Vail Valley Partnership to administer the gift card program.  $61,000 for enhancements to village warming and seating areas. This includes $6,000 for dome decorations and maintenance, $20,000 for propane and gas for fire pits to be used in the winter months (Jan, Feb, Oct, Nov, Dec), $5,000 for Adirondack chairs for additional summer seating, and $20,000 for added seasonal lighting in November and December.  $544,907 relating to the compensation request above  $8,000 to be used towards tuition assistance for town of Vail employees at the Children’s Garden of Learning (CGL) as part of the CGL Council Contribution lease agreement previously budgeted in the Capital Projects Fund.  $172,149 to continue the West Vail Master Plan.  $25,000 to support the SummerVail Art Workshop Legacy Program. The mission of this program is to support, document, archive, inspire, and demonstrate the impact of the SummerVail Art Program workshop held in Vail between 1970 and 1984. In its 14-year span, SummerVail Art Workshop served over 9,000 students taught by 500 internationally prominent visiting artists through 850 different workshops and symposia. This funding will go towards catalog and archiving inventory, a documentary film, a development and marketing campaign, and a round table and discussion event. The town’s contribution will be matched by a private donation.  $12,000 contribution to the Vail Valley Partnership’s “Vail Valley Works’ program. This will be transferred to the Vail Marketing Fund to be funded by the Education and Enrichment event category.  $79,790 transfer to the Marketing Fund to reflect funding paid in 2020 for the Powabunga event that was cancelled and extended to winter 2021.  $5,000 for additional Town of Vail masks to be distributed to guests at the Welcome Center The above adjustments to the General Fund 2021 budget result an estimated fund balance of $38.3 million by the end of 2020, or 87% of annual revenues in a normal year. Staff also requests to increase the Employee Housing Ownership Program (EHOP) available balance by $33,500 to reflect the 2020 equity earnings. This increase is not part of the budget appropriation; however, this is reflected at the bottom of the Fund Statement to show that these funds are restricted and unavailable for spending. Capital Projects Fund During the 2020 budget process, Council approved to move forward with financing the Public Works shops building. The 2020 original budget included a placeholder of $15.0 million of debt proceeds and $1.2 million for annual principal and interest payments. In February, a lease purchase agreement was finalized. This supplemental reflects a true-up of the actual proceeds and financing expenses. This includes an additional $190,000 of debt proceeds directly offset by April 6, 2021 - Page 102 of 130 - 6 - $190,000 of debt issuance costs and a decrease of $44,095 in annual principal and interest payments. Budgeted revenues will be adjusted by $2,826,299. Of this, $1,965,287 is for grants and revenue reimbursements originally budgeted and awarded in prior years but were delayed due to project timing. This includes a $525,287 CDOT bus replacement grant, $1,090,000 FASTER grant for the electric bus charging infrastructure at Public Works, a $350,000 CDOT grant to be used toward a new transit management system, a $30,291 reimbursement from the Vail Reinvestment Authority (VRA) for landscape improvements at the Lionhead Transit Center ($30,291). The remaining $640,721 increase in revenue includes an additional $229,721 VRA reimbursement for a new westbound bus stop at the Lionshead Transit Center and both a $60,000 reimbursement from Vail Health and a $351,000 reimbursement from Eagle River Water and Sanitation District for the roundabout and Frontage Road Improvements project. These reimbursements will be offset by project expenditure re-appropriations listed below. Staff is requesting to supplement 2021 expenditures by a total of $12.9 million, of which $11.8 million represents projects budgeted in 2020 but not yet completed such as the expansion of the Public Works streets building, upgrades to Donovan Pavilion, bus replacements ordered in 2020 but delivered in 2021, a new parking management system, the continuation of electric bus infrastructure, and software upgrades to Seibert Fountain. Please see the Capital Projects Fund fund statement for a full list of all re-appropriations. New requests/adjustments include the following:  $40,000 for a new police detective take-home vehicle; this vehicle is not on the current replacement list as staff was using a left-over vehicle.  $6,594 to replace police handheld devices with in-car computers utilized by patrol for the electronic summons and penalty software. The current handheld devices were  $125,000 annual maintenance for data center equipment (Dell VXRail system). The original purchase included a three-year maintenance, ending in 2020.  $25,000 to reconfigure the Community Development cubicles to accommodate both existing and incoming employees. This includes privacy panels, standup desks, and mobile glass boards to create separate workstations.  $8,000 decrease in the CGL council contribution budget for employee tuition assistance to be paid from out of the General Fund. See increasing offset in the General Fund Staff is also requesting to transfer $690,000 to the Housing Fund for the Middle Creek Development Fees (See the Housing Fund narrative for more information) and $20,000 to the Real Estate Transfer Tax Fund to integrate the Love Vail website onto the new Town of Vail website framework. All of the above adjustments will result in an estimated fund balance of $23.5 million by the end of 2021. April 6, 2021 - Page 103 of 130 - 7 - Housing Fund Budgeted revenue will increase by $970,000. $280,000 of this is for the sale of a 1-bedroom unit at Altair Vail in East Vail. Proceeds from the sale of this unit will be place held for future buy- down housing opportunities. The remaining $690,000 reflects a transfer from the Capital Projects Fund directly offset by expenditures for the Middle Creek Developments Fees. This includes $300,000 management fee and $390,000 in design and planning costs. This does not reflect the town’s in-kind contribution of waived building permit fees due to the town being a co- applicant on the project. The value of the in-kind contribution is yet to be determined. Staff is also requesting to supplement budgeted expenditures by $6,269,475 of which $5,299,475 represents re-appropriations of the town’s housing programs. This includes  A carryforward of $4,633,186 allocated to the INDEED program.  $34,612 to go towards future Town of Vail rental inventory  $382,513 carryforward balance in the Buy Down Housing program.  $249,164 from the sale of the Homestead Peak unit in 2020 to go toward buy-down housing projects. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will be adjusted by $343,649. $335,782 of this is for grant and revenue reimbursements originally budgeted and awarded in prior years but were delayed due to project timing. These revenues will be directly offset by re-appropriated project expenditures. This includes:  $300,000 from Eagle River Water and Sanitation District for the re-stabilization of Dowd Junction retaining wall and bike path.  $37,544 donation from East West Partners to continue the design and planning of a Ford Park art space. Staff is also requesting to increase revenue by $7,867 to recognize paper bag fee collections to be used towards recycled banner swag. Staff is requesting to supplement expenditures by a total of $4.8 million, of which $3.9 million represents projects budgeted in 2020 but not yet completed such as “story station” signage along Gore Creek, planning and design for a new nature center, planning and design for the re- alignment of the Gore Valley Trail, landscaping at East Vail interchange, rehabilitation of the Pocket Park bridge, and the re-stabilization of the Dowd Junction retaining wall and bike path. Please see the Real Estate Transfer Tax fund statement for a full list of all re-appropriations. New requests/adjustments include the following:  $15,000 for a new Environment Waste Reduction intern.  $13,000 for the annual five-week Vail Business Recycling Challenge. This includes an initial waste and education session, recycling best practices, and random weekly audits. Nine Vail businesses participated in 2020.  $29,224 relating to compensation request above for employees in Parks, Environmental, Wildland and AIPP departments.  $1,000 for Vail residents to participate in the Electronic Vehicle bulk purchase program that allows residents to be included in promotional deals on the purchase of a new electric vehicles. April 6, 2021 - Page 104 of 130 - 8 -  $650 for environmental annual memberships including ICLEI Local Governments for Sustainability Membership dues ($600) and Recycling Colorado membership dues ($50)  $34,000 to partner with the Eagle Valley Wild (EVW) and Blue Productions on two webcam environmental projects. This includes placing a webcam at the international bridge to monitor fish, aquatic birds along and a webcam on the East Vail bighorn sheep. The footage can be viewed at the Welcome Centers, online, or onsite. The webcams will be donated by EVW however the town will be responsible for all other IT equipment, setup and retrieval fees, and promotion ($7,000). In addition, the town will also partner with Colorado Park and Wildlife to produce a short documentary about the E. Vail Bighorn sheep. The town will be responsible for all equipment and production. This project is estimated at $27,000.  $17,000 to go towards the new Eagle County e-bike ownership model program. This program allows the town and Eagle County to partner with local bike shops to purchase e-bikes at cost and grant them to local essential workers in need. Potential grantees would complete an application demonstrating need, and their intention to commute to and from work via their e-bike several times per week. They will be outfitted with a bicycle helmet and necessities, and report via an app their successful commutes for a period of 2 years. The town has applied for a grant to help offset the costs of this program. Eagle County is also contributing $17,000 to this program.  $15,130 to partner with Eagle County to expand the US Forest Service Front Ranger program.  $15,000 to install an advanced oxidation commercial sanitation system in the Sun Bird Park fountain to keep the water safe for kids playing the fountain.  $10,000 to the continue the turf grass reduction project. The turf grass reduction program was piloted at the Buhffer Creek park in 2019. This will expand the program to Ellefson Park.  $25,000 for the Lucid energy management software licensing  $20,000 to integrate the Love Vail website onto the town’s new website platform  $216,000 for a cost share with VRD for replacement of the Vail Golf Course greens as approved by Council on March 2nd.  $29,224 (includes both salary and benefits) relating to compensation request above.  $99,902 increase in Forest Health salaries and benefits left out of the original 2021 budget in error as a result of more accurately reflecting personnel costs in the Real Estate Transfer Tax Fund previously accounted for in the General Fund.  $337,706 increase in parks department salary and benefits left out of the original 2021 budget in error as a result of more accurately reflecting Public Works administrative and streets department costs in the Real Estate Transfer Tax Fund previously accounted for in full in the General Fund. The above adjustments will result in an estimated fund balance of $12.8 million at the end of 2021. April 6, 2021 - Page 105 of 130 - 9 - Marketing Fund Staff proposes to increase budgeted revenue by a $91,790 transfer from the General Fund to be offset by corresponding expenditures. This includes $12,000 for the Vail Valley Works program to be funded by the Education and Enrichment category and $79,780 to re-appropriate a 2020 Commission on Special Events contribution for Powabunga to be used towards event expenditures for the re-scheduled event in winter 2021. Heavy Equipment Fund Staff is requesting to re-appropriate $130,388 for a fleet service truck ordered in 2020 but arriving in March. Staff is also requesting $24,155 (includes both salary and benefits) relating to compensation request above. Dispatch Services Fund Staff is requesting to re-appropriate $292,223 to continue to update county-wide Computer Aided Dispatch (CAD) management system. Staff is also requesting $50,164 (includes both salary and benefits) relating to compensation request above. April 6, 2021 - Page 106 of 130 (Unaudited)2020 2020 2020 Favorable 2021 1st 2021Budget Amended Actual (Unfavorable) Budget Supplemental AmendedRevenueLocal Taxes:28,524,000$ 22,500,000$ 24,973,418$ 2,473,418$ 22,500,000$ 22,500,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 68/32 61/39 68/32 80/20 80/20 Sales Tax 17,685,000 15,300,000 15,300,000 - 18,000,000 18,000,000 Property and Ownership5,900,000 5,900,000 5,941,704 41,704 5,975,000 5,975,000 Ski Lift Tax5,300,000 3,880,000 4,095,812 215,812 3,500,000 3,500,000 Franchise Fees, Penalties, and Other Taxes1,175,440 1,640,440 1,672,845 32,405 1,609,903 1,609,903 Licenses & Permits2,400,000 1,921,366 2,071,460 150,094 2,099,513 2,099,513 Intergovernmental Revenue2,075,088 2,713,846 2,847,116 133,270 2,074,872 2,500 2,077,372 $2.5K Library CARES grant for e-books CRRSAA Transit Grant - - - - - 1,789,613 1,789,613 CRRSAA Transit Grant CARES Transit Grant- 1,507,242 1,507,242 - 250,000 200,000 450,000 CARES Transit Grant CARES Grant- 1,449,435 1,197,930 (251,505) - - American Rescue Plan Grant- -- - - 585,000 585,000 Transportation Centers6,360,000 5,100,000 4,891,017 (208,983) 5,040,655 5,040,655 Charges for Services 1,025,918 1,098,587 1,212,775 114,188 988,095 988,095 Fines & Forfeitures250,476 250,476 340,354 89,878 225,642 225,642 Earnings on Investments500,000 200,000 275,156 75,156 200,000 200,000 Rental Revenue1,093,178 875,258 787,546 (87,712) 1,020,531 1,020,531 Miscellaneous and Project Reimbursements251,000 194,040 252,245 58,205 166,000 166,000 Total Revenue44,016,100 42,030,690 42,393,202 362,512 41,150,211 2,577,113 43,727,324 ExpendituresSalaries20,499,231 19,663,980 19,419,085 244,895 20,736,671 523,712 21,260,383 4% merit increase; $15K Transit Host Program Benefits 7,377,769 7,228,439 6,904,630 323,809 7,522,674 36,195 7,558,869 Subtotal Compensation and Benefits 27,877,000 26,892,419 26,323,715 568,704 28,259,345 559,907 28,819,252 Contributions and Welcome Centers 289,626 268,465 236,272 32,193 334,880 33,000 367,880 CGL Contribution for employee childcare discount (offset by decrease in CPF contribution); Summervail art legacy program All Other Operating Expenses 8,194,158 7,973,626 7,129,978 843,648 7,581,260 37,500 7,618,760 $30K for COVID signage, $17K water expense increase; Transfer $12K to Marketing Fund for VVP "Vail Valley Works"; $2.5K Library CARES grant for e-books Heavy Equipment Operating Charges2,530,419 2,260,327 2,268,219 (7,892) 2,642,320 2,642,320 Heavy Equipment Replacement Charges845,122 959,186 840,206 118,980 831,728 831,728 Dispatch Services661,194 661,194 661,194 - 616,306 616,306 Total Expenditures40,397,519 39,015,217 37,459,584 1,555,633 40,265,839 630,407 40,896,246 Transfer to Marketing & Special Events Fund(2,866,211) (2,156,846) (1,653,178) 503,668 (1,475,184) (91,790) (1,566,974) $79.8K CSE Powabuga funding to be used in 2021; $12K Contribution for VVP Vail Valley Works Transfer to Other Funds - (4,848) (4,848) - - - Total Transfers(2,866,211) (2,161,694) (1,658,026) 503,668 (1,475,184) (91,790) (1,566,974) Surplus (Deficit) from Operations752,370 853,779 3,275,592 (689,453) (590,812) 1,854,916 1,264,104 Planning ProjectsVail 2030(300,000) - - - - - Civic Area/Dobson Master Plan(250,000) (200,000) - 200,000 (100,000) (100,000) West Vail Master Plan(325,000) (325,000) (152,851) 172,149 (225,000) (172,149) (397,149) Re-appropriate $172.1K for the West Vail Master PlanCOVID-19 Gift Card Program- (110,000) (74,325) 35,675 - (30,000) (30,000) $25 for 1,000 $25 gift cards and $5K VCBA administrative costs for Digital Marketing Campaign Winter Operations Tenting Program - (700,000) (227,930) 472,070 - - COVID Economic Development Expenses- -- - - (66,000) (66,000) Digital Marketing Campaign "Work from Vail"- -- - - (45,000) (45,000) Vail Community Relief Fund- (370,000) (386,000) (16,000) (130,000) (130,000) Commercial Rent Relief Program- (150,000) (35,327) 114,673 (500,000) (500,000) Total Expenditures44,138,730 43,031,911 39,994,043 3,037,868 42,696,023 1,035,346 43,731,369 Surplus (Deficit) Net of Transfers & New Programs(122,630) (1,001,221) 2,399,159 3,400,380 (1,545,812) 1,541,767 (4,045) Beginning Fund Balance32,144,411 36,306,665 36,306,665 35,305,444 38,705,823 Ending Fund Balance32,021,781$ 35,305,444$ 38,705,823$ 33,759,632$ 38,701,778$ As % of Annual Revenues73% 80% 88% 77% 88%EHOP balance included in ending fund balance - not spendable 890,000$ 1,190,000$ 1,190,000$ 1,190,000$ 33,500$ 1,223,500$ TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 10April 6, 2021 - Page 107 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedRevenueTotal Sales Tax Revenue: 22,500,000$ 24,973,411$ 2,473,411$ 22,500,000$ 22,500,000$ 2021 based on "Crisis" level (overall 40% decrease from 2019 actuals; flat with 2020 forecast); 2022-2025 includes 10% year over year growth with and 75/25 split; 2025 based on a 15% increase in sales tax; 2026-2035 based on 5% year over year increase Sales Tax Split between General Fund & Capital Fund68/32 61/39 80/20 80/20Sales Tax - Capital Projects Fund 7,200,000$ 9,911,191$ 2,711,191$ 4,500,000$ 4,500,000$ 2021 based on "Crisis" level and a reduced "split" of 20% to CPFUse Tax 1,930,000 2,078,577 148,577 2,250,000 2,250,000 2021 flat with 2020 plus Marriott Residence Inn, Park meadows and Elevate projectsFranchise Fee 190,000 200,171 10,171 193,800 193,800 1% Holy Cross Franchise Fee approved in 2019Federal Grant Revenue 139,522 - - 2020: Reduce Federal grant reimbursement for Bridge Rd Bridge. This grant was originally scheduled to be received in two partial payments ($300K in 2019 and $700K in 2020) however the town received full payment in 2019Other State Revenue1,967,287 - (1,967,287) - 1,975,207 1,975,207 2021: Reappropriate 2020 grants (due to project timing) including $1.09M FASTER for electric bus chargers, $525 CDOT bus grant, and $350K CDOT 50% grant for bus transportation mgmt. systemLease Revenue164,067 163,909 (158) 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement129,676 510,516 380,840 1,500,000 411,000 1,911,000 2021: $60K Vail Health Reimbursement for Frontage Rd Improvements project, $351K from ERWSD for Frontage Road Improvements project; $1.5M from traffic impact fee from Vail Health for Vail Health/ Frontage Road Project; 2020: $29,676 for traffic impact fee reimbursement from VVMC/Frontage Rd projects, $50K use of Holy Cross funds for Big Horn Rd Intermountain project; Timber Ridge Loan repayment460,842 491,629 30,787 2,363,087 2,363,087 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028)Earnings on Investments and Other368,970 288,241 (80,729) 38,978 38,978 2021: 0.7% returns assumed on available fund balanceTotal Revenue12,410,842 13,783,756 1,233,392 11,009,932 2,386,207 13,396,139 ExpendituresFacilitiesFacilities Capital Maintenance402,917 402,917 - 523,500 523,500 2021 includes garage door replacements ($50K), PW boiler replacement ($20K), 2nd phase of transit center skylight replacement ($50K), Buzzard Park repairs ($41K); 2020: Includes $130.4K to complete TM residence upgrades; PW garage door replacements ($50K), transit station skylight replacement ($50K); In general this line item covers various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.)Municipal Complex Maintenance1,011,750 611,681 400,069 255,000 375,234 630,234 2021: 2021: Re-appropriate $373K for Muni/PD air handlers and Council Chamber remodel; $25K for Community Development workspace improvements; Transfer $22.8K to Donovan Pavilion; 2021 includes Admin Upper level system installation ($175K), PD Stucco patching and painting ($40K), PD wood siding replacement ($30K); '2020: Includes $138.8K for municipal building upgrades, repairs, and maintenance; Comm Dec Remodel ($75K); Replace Admin building air handlers ($250K), Comm Dev roof replacement ($125K), Comm Dev interior flooring replacement ($25K), PD balcony repairs ($50K), PD boiler replacement ($45K), replace PD air handling units ($75K), replace PD rooftop units ($125K); Welcome Center/Grandview Capital Maintenance94,704 - 94,704 100,000 100,000 2021: $100K Furniture replacement in Vail Village Welcome Center; 2020: $56.7K for final bills for furniture replacement at the Grandview, $38K Annual MaintDonovan Pavilion1,492,000 38,754 1,453,246 - 1,476,096 1,476,096 2021: Re-appropraite for Donovan Pavillion Remodel ad Upgrades; 2020: $5K to be used towards HVAC relocation design; 2020 includes $75K for design & planning of HVAC Replacement and relocation at Donovan PavilionSnowmelt Boilers500,000 - 500,000 500,000 500,000 1,000,000 2020-2023: Replacement of TRC 8 boilers (2 per year)Public Works Shops Expansion2,403,325 834,066 1,569,259 17,200,000 1,569,259 18,769,259 Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and changing operations; 2019-2020: Phase I includes demo and reconstruction of a two story streets building; retaining wall construction, new cinder building, relocation of the green house building, and a vertical expansion allowance for future building options. Proposed bond financing in 2021 included belowPublic Works Building Maintenance300,000 - 300,000 - 300,000 300,000 2021: Re-appropriate $300K to replace two HVAC units at Public WorksTotal Facilities6,204,696 1,887,419 4,317,277 18,578,500 4,220,589 22,799,089 TOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 11 April 6, 2021 - Page 108 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDParkingParking Structures 797,000 636,246 160,754 795,000 160,754 955,754 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsParking Entry System / Equipment 227,161 102,013 125,148 850,000 375,148 1,225,148 2021: $1.225K for a new parking system; 2020: $125.1K for additional on-foot parking payment kiosks; $102K late 2019 parking bill to upgrade parking system Red Sandstone Parking Structure (VRA) 1,308,936 142,360 1,166,576 - 30,000 30,000 2021: Re-appropriate $30K for landscaping; 2020: $1.3M to complete New Red Sandstone Parking Structure. This project includes all landscaping and parking space monitoring system; Construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRALionshead Parking Structure Landscape Renovations (VRA) 30,291 - 30,291 - 30,291 30,291 2021: Re-appropriate to complete landscaping at the Lionshead parking structure ($30.3K);Total Parking2,363,388 880,620 1,482,768 1,645,000 596,193 2,241,193 TransportationBus Shelters 230,000 279 229,721 30,000 229,721 259,721 Bus shelter annual maintenance; 2021 includes re-appropriation for a new Lionshead transit center Westbound Bus shelterReplace Buses 6,445,706 2,989,884 3,455,822 - 3,455,822 3,455,822 2021: Re-appropriate $3.5M for buses ordered in 2020 with delivery in 2021Bus Transportation Management System 700,000 - 700,000 - 700,000 700,000 2021: $700K for a new bus transportation mgmt. system. This includes a $350K 50% CDOT grant and $350K savings from "Replace Buses" project to upgrade bus transportation system; $350K CDOT grant; 2028: Replacement of bus mgmt. system based on 8 year life.Traffic Impact Fee and Transportation Master Plan Updates 30,000 - 30,000 300,000 30,000 330,000 2021: Re-appropriate $30K to perform traffic counts pending the West Vail Master Plan; 2021: Update Vail transportation master plan pending the outcome of the West Vail Master Plan ($300K)Hybrid Bus Battery Replacement - - - 165,000 165,000 2021: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; Electric bus chargers and electrical service rebuild 1,740,936 473,657 1,267,279 - 1,267,279 1,267,279 2021- Re-appropriate $1.3M to continue bus charging infrastructure project offset by $1.1M in grant revenue; 2020: To construct electric bus charging station and electrical service infrastructure at Lionshead and Vail Village Transit centers; $1.1M in grant revenue will offset cost of this projectTotal Transportation9,146,642 3,463,820 5,682,822 495,000 5,682,822 6,177,822 Road and BridgesCapital Street Maintenance 1,345,000 1,031,822 313,178 1,225,000 1,225,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K)KStreet Light Improvements 144,945 576 144,369 75,000 144,369 219,369 Town-wide street light replacement; Slifer Plaza/ Fountain/Storm Sewer 156,593 83,176 73,417 - 73,417 73,417 2021- Re-appropriate $73.4K for water quality vault; 2020: Continue repairs to Silfer Plaza fountain reconstruction and storm sewers ($157K)Vail Health / TOV Frontage Road improvements 80,131 34,718 45,413 9,000,000 - 9,000,000 2021: VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $7.5M funded by VRA in 2021, Traffic impact fee ($1.5M), Timing of this project is pending the Civic Center Master Plan; 2020: Complete design phase of Frontage Rd. improvements ($30.1K)Neighborhood Bridge Repair 48,186 24,323 23,863 - - 2020: $48.2K for final Lupine Bridge repairs and Bridge Road bridge repair billsSeibert Fountain Improvements 358,000 64,011 293,989 - 60,000 60,000 2021: Re-appropriate for $60K for Fountain software system Seibert FountainNeighborhood Road Reconstruction 321,840 278,316 43,524 1,500,000 1,500,000 2021: East Vail road Major Drainage Improvements construction ($1.5M); 2020:East Vail major drainage improvements ($321.8K)West Lionshead Circle Crosswalks (VRA) 75,000 49,682 25,318 - - 2020: $75K for crosswalk at Lionshead placeMill Creek Heated Walk 115,832 115,832 - - - 2020: $100.6K for final project bills; TOV portion of 50/50 shared project with homeowners for heated sidewalk at Kendell Park/Mill Creek ($125K). This project will be managed by the HOA at an estimated total cost of $150K. Vail Village Streetscape/Snowmelt Replacement - - - 1,250,000 1,250,000 Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village Total Road and Bridge2,645,527 1,682,457 963,070 13,050,000 277,786 13,327,786 12 April 6, 2021 - Page 109 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDContributionsChildren's Garden of Learning-Capital - - - 20,000 (20,000) - $20K Annual contribution for capital maintenance and improvements included belowTotal Contributions- - - 20,000 (20,000) - TechnologyTown-wide camera system 22,000 22,000 22,000 8,022 30,022 $22K Annual maintenanceAudio-Visual capital maintenance 118,000 41,022 76,978 18,000 76,978 94,978 $18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2020: $100K Welcome Center video wall replacementDocument Imaging 50,000 30,299 19,702 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 591,401 533,130 58,271 580,000 580,000 2021: Annual software licensing and support for town wide systems; 2020 $70.3K to complete asset mgmt. system; also includes Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products;Hardware Purchases 187,723 78,893 108,830 50,000 100,000 150,000 2021: Re-appropriate $100K for workstation replacements and time clock replacements; $50K for workstation replacements (20-25 per year); 2020: $12.7K for final workstation replacement bills; Time Clock Replacement ($125K); workstation replacements ($50K); Website and e-commerce 136,500 100,534 35,966 86,500 15,966 102,466 2021: Re-appropriate $16K to continue Vailgov website framework upgrades; transfer $20K to RETT to integrate LoveVail website to new framework; 2020: $50K for new Vailgov.com website framework and website upgrades; Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24KFiber Optics / Cabling Systems in Buildings 150,000 52,785 97,215 500,000 97,215 597,215 2020: Fiber Optics Connection from Muni Building to West Vail fire station ($150K) ; 2021: Add additional fiber infrastructure to connect critical IT equipment locations including the Village parking structure; the Muni Building; LH Parking Structure; and the West Vail Fire Station ; 2022-2035: Repair, maintain & upgrade cabling/network Infrastructure $50K; Also includes placeholder for additional fiber infrastructure growthNetwork upgrades 220,256 178,548 41,708 100,000 41,708 141,708 Computer network systems - replacement cycle every 3-5 years; 2020 Firewalls ($60K), External Wireless System ($50K), TOV Switches and Router Replacements/Upgrades ($90K)Data Center (Computer Rooms) 1,088,840 1,169,294 (80,454) 30,000 203,952 233,952 2021: $125K for data center equipment annual maint; Re-appropriate $73.4K to continue Data Center remodel ;2020: $1.1M to continue Data Center Remodel at Station 3 includes hyper-converged infrastructure (HCI) equipment $750K and Cooling/UPS system upgrade for data center in Muni building $128K; $30K annual maintenanceData Center equipment replacement and generator 159,406 159,406 - - 2020: Final bills to replace data center server infrastructure; upgrade and replace emergency generator to increase capacity Broadband (THOR) 94,800 93,616 1,184 94,800 94,800 $94.8K annual broadband expenses, potential future revenuesBus Camera System 15,000 14,747 254 - - 2020: $15K for Installation of software and cameras in buses;Business Systems Replacement 155,000 55,593 99,407 30,000 55,000 85,000 2021: Re-appropriate $55K for HR Performance Mgmt. System; 2020: $60K for new STR and sales tax system; Energy Mgmt. Software ($25K); Housing Database software ($40K); HR Performance mgmt. system ($55K)Total Technology2,988,926 2,348,461 640,465 1,561,300 598,841 2,160,141 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 113,000 106,711 6,289 50,000 12,883 62,883 2020:$63K for remaining two payments for PD SQL licensing; $50K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance;Public Safety Equipment 58,831 51,714 7,117 170,808 170,808 2021: Replacement of body worn camera program and storage software mgmt. system, tasers, and holsters; 2020: $26K bullet proof vests (8) for Special Ops Unit (SOU); $5.8K replace handheld citation device with in car computer interface; $4.6K for "Stop Stick" tire deflation devices for patrol cars; $22.2K for an unmanned aircraft system (UAS), or drone with thermal detection for use by both police and fire. The cost also covers "pilot" training and maintenance 13 April 6, 2021 - Page 110 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDFire Safety Equipment 10,800 15,043 (4,243) 25,000 25,000 2021: Wildland personnel protection equipment ($25K) deferred from 2020; 2020: $2.8K for final equipment dryer bills; Confined space equipment $8K (reduced from $15K); Thermal Imaging Cameras 8,000 8,000 - - For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriers; 2028/2031/2032/2024: Placeholders for thermal camera replacementFire Truck Replacement - - - 880,000 880,000 2021: Replacement of Engine I purchased in 2011Total Public Safety190,631 173,468 17,163 1,125,808 12,883 1,138,691 Community and Guest Service Children's Garden of Learning Temporary Facility Relocation 335,000 57,008 277,992 2,000,000 277,992 2,277,992 2021: Re-appropriate $278K design for CGL temporary facility; Children's' Garden of Learning temporarily facility ($2.0M); 2020: Design for temporarily relocation of the Children's Garden of Learning ($335K); Energy Enhancements 223,847 223,847 - 223,847 223,847 2020: Electric car charges and infrastructure at various town locations and Holy Cross transformer ($223.8K)Pedestrian Safety Enhancements 1,471,769 63,977 1,407,792 - 25,000 25,000 $25K for planning and design for lighting replacement project budgeted in 2020 ($1.4M)Civic Area Redevelopment 1,000,000 1,000,000 - - 2020 Placeholder to explore outcomes of the Civic Center Master Plan such as feasibility studies / design will be reflected as savings in 2020 and deferred until 2022Underground Utility improvements 496,670 481,211 15,459 - 15,459 15,459 2021: Re-appropriate $15.5K for various underground utility projects; 2020:$496.K plus additional $50K for Bighorn Rd and Intermountain projectGuest Services Enhancements/Wayfinding 36,120 10,638 25,483 - 25,482 25,482 2021: Re-appropriate $25.5K to continue street sign upgrades; 2020: Final bills for new street signs and accompanying light poles town-wideRockfall Mitigation near Timber Ridge 42,568 1,889 40,679 - 40,679 40,679 2021; Re-appropriate $40.7M for annual rock wall maintenance; 2020: Final Rock fall mitigation near Timber RidgeVehicle Expansion 70,700 72,858 (2,158) - 40,000 40,000 2021: Request for new PD detective take-home vehicle (not included in current fleet); 2020: Two commander vehicles ($80K); Trailer for event cattle guards ($5K); 2020 includes $14.3K savingsCouncil Contribution: Children's Garden of Learning-Capital 52,500 6,054 46,446 20,000 (8,000) 12,000 2021: Transfer $8K to General Fund for employee CGL discount; $12K remaining for capital maint. improvements; 2020: $20K Annual contribution for capital maintenance and improvements; $32.5K unused 2019 annual contribution for fence around front yard due to delays in CDOT easement;Total Community and Guest Service3,729,174 693,635 3,035,539 2,020,000 640,459 2,660,459 Total Expenditures 27,268,984 11,129,880 16,139,104 38,495,608 12,009,573 50,505,181 Other Financing Sources (Uses)Debt Financing for Public Works shop - - 15,000,000 190,000 15,190,000 $190K increase in debt proceeds for debt issuance costsDebt Service Payment - - - - (190,000) (190,000) $190K for debt issuance costs offset by increase in debt proceedsDebt Issuance - - (1,200,000) 44,095 (1,155,905) True up annual debt issuance costs (41.2M based on estimates) Transfer from Vail Reinvestment Authority 1,905,291 1,809,400 8,550,000 290,012 8,840,012 2021: $229K for LH transit center bus stop; $30.3K reappropriation for LH transit landscape improvements; $30K for Red Sandstone landscaping; VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.5M funded by VRA in 2021 (Total $7.5M split into two years); Lionshead Parking Structure $50K; CGL Temp Facility; 2020: Continuations of Frontage Rd improvements $1.0M; 2023-2024: Lionshead streetscape/snowmelt replacement; LH landscape improvements ($30.3K), LH place crosswalk ($75K), Lionshead parking structure ($50K), Red Sandstone parking garage reimbursement ($1.5M); Transfer to RETT Fund (3,000) (3,000) - - Use of faculty capital savings for Sunbird park contractTransfer to Housing Fund (2,500,000) (2,500,000) (2,500,000) (690,000) (3,190,000) 2021 includes $690K for Middle Creek Lot 3 planning; Transfer to Housing Fund; 2.5M per yearRevenue Over (Under) Expenditures (15,455,851) 1,960,276 (7,635,676) (9,979,259) (17,614,935) Beginning Fund Balance 39,215,082 39,215,082 23,759,231 41,175,359Ending Fund Balance 23,759,231 41,175,359 16,123,556 23,560,424 14 April 6, 2021 - Page 111 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedRevenueReal Estate Transfer Tax 8,650,000$ 10,429,370$ 1,779,370$ 7,000,000$ 7,000,000$ 2021 flat with 2021; 2023-2035: 2% annual increaseGolf Course Lease 168,317 169,506 1,190 170,000 170,000 Annual lease payment from Vail Recreation District; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue 500,000 142,275 (357,725) 20,000 300,000 320,000 2021: $300K Reimbursement from ERWSD for Dowd Junction retaining wall project; $20K lottery proceeds; 2020:$150K reimbursement from Eagle County and $480K from ERWSD for the restabilization of Dowd Junction; Re-appropriate $30K fishing is fun grant; Federal Grants - 72,941 72,941 - - Project Reimbursements 20,000 57,484 37,484 - - 2020: $20K reimbursement for WestHaven stormwater filtration upgrades from Grand HyattDonations 49,608 13,750 (35,858) - 35,782 35,782 2021: Re-appropriate $35.8K unused donation from East West for Ford Park art space; 2020: $37.5K unused donation from East West partners for Ford Park art space; $2.1K Sole Power First Bank donations; $10K Winterfest donation from Doe BrowningRecreation Amenity Fees 10,000 11,731 1,731 10,000 10,000 Earnings on Investments and Other 102,849 119,205 16,356 48,208 7,867 56,075 2021: $7.9K use of bag fee for recycling banner swag; $32K Clean Up Day ; 2021-2035: 0.7% interest rate assumedTotal Revenue 9,500,774 11,016,262 1,515,489 7,248,208 343,649 7,591,857 ExpendituresManagement Fee to General Fund (5%) 432,500 521,469 (88,969) 350,000 350,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management 291,786 223,418 68,368 231,592 103,826 335,418 2021: Salary Adjustments; Correct forest health personnel budget to more accurately reflect personnel costs previously budgeted in the GF; Operating budget for Wildland Fire crew; 2019 Added .5 FTE for wildland lead; Extra month of wildland crew to facilitate bighorn sheet habitat improvement project ($12.9K); 2020 amended includes a 10% operating reduction; 2021 flat with 2020 amended; 2022-2035 Total Wildland291,786 223,418 68,368 231,592 103,826 335,418 ParksAnnual Park and Landscape Maintenance 1,653,477 1,506,992 146,485 1,677,755 376,348 2,054,103 2021: Salary adjustments; Correct parks personnel budget to more accurately reflect personnel costs previously budgeted in the GF; flat with 2020 original; Ongoing path, park and open space maintenance, project mgmt.; Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), and a planning effort with the USFS to generate long-term solutions ($30,000). 2020 includes also includes $4K for two new trail host E-Bikes and $26K for entertainment infrastructure at Ford Park: 10% operating cuts and 0% merit remainder of year; Park / Playground Capital Maintenance 175,108 77,226 76,401 125,000 46,401 171,401 2021: Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to Stephen's park to complete project; 2020: Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance and a 2019 re-appropriate of $50.1K for small park projects; Rec. Path Capital Maint 140,000 65,283 74,717 85,000 74,717 159,717 2021: Re-appropriate $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path system; $50K replacement of wood slats on Nature Center/Ford Park bridgeTree Maintenance 65,000 54,112 10,888 75,000 10,888 85,888 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement 167,935 45,935 122,000 85,000 - 85,000 2020 includes Summer bike coral in parking structure ($32.5K), contract to assess pedestrian bridge ($15K); Additional 12 space bike racks near Amphitheater restroom/concessions building, school house and fields/concessions ($30K)Covered Bridge Pocket Park Rehabilitation 112,088 1,016 111,073 - 111,073 111,073 2021: $111.1K complete Pocket Park rehabilitationStephens Park Safety Improvements 453,306 420,130 33,176 - 63,176 63,176 2021: Re-appropriate $33.1K for Stephens Park safety improvements; transfer $30 from park capital maint Ford Park Improvements & Fields 54,636 54,636 - - 2020: $54.6K to complete Ford Park landscaping improvementsVail Transit Center Landscape 107,133 74,316 32,817 - 32,817 32,817 2021: Completion of landscaping at Vail transit centerSunbird Park Fountain Repairs 123,000 120,000 3,000 - 15,000 15,000 2021: Installation of Clear Comfort advanced oxidation commercial pool sanitation system to water safe for kids; 2020: Repairs to fountain feature; requires excavation to get to leaking pipe; currently unable to run main center fountainTurf Reduction - - - - 10,000 10,000 2021: Continue turf reduction project at Ellefson parkFord Park Enhancement: Priority 3 Landscape area 75,000 75,000 - 75,000 75,000 2021: Re-appropriate for landscaping around playground ad basketball court; 2020: Landscape playground/basketball berm, softball area, frontage rd. & east berms, below tennis courtsFord Park Playground Improvements - - - 200,000 200,000 2021: Safety Improvements to the Ford Park play area including wooden bridge to boulder area, expansion to toddler area, ADA upgrades, and replacement of a safety net ($200K)Playground/Park Roofing Replacements - - - 75,000 75,000 2021: Replacing cedar shake roofs at Ford Park, Ellefson Park, and Buffeher Creek Park to address fire safetyKindel Park/Mill Creek - - - 175,000 175,000 2021: Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirate ship parkBig Horn Park Improvements - - - 55,000 55,000 2021: Safety Improvements to Bighorn park including stairway/handrails and resurfacing near picnic tables and grills ($55K)Total Parks3,126,683 2,365,009 740,193 2,552,755 815,420 3,368,175 TOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 15 April 6, 2021 - Page 112 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Rec Paths and TrailsVail Valley Drive Path Extension: Ford Park to Ptarmigan 50,000 7,341 42,659 - 42,659 42,659 2021: Re-appropriate $42.7K to plan and design future improvementVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building50,000 7,341 42,659 - 42,659 42,659 2021: Re-appropriate $42.7K to plan and design future improvementAdvisory Bike Lanes on Vail Valley Drive - - 75,000 75,000 2021: Add an advisory bike lane on Vail Valley DriveGore Valley Trail Bridge Replacement 10,000 2,761 7,239 40,000 40,000 2020-2021: Design and planning for Gore Valley Trail Bridge replacementGore Valley Trail Realignment 267,182 142,754 124,428 - 124,428 124,428 2021: Re-appropriate $12$.4K to continue planning and design of Gore Trail realignment in LHEast Vail Interchange Improvements 290,284 36,466 253,818 - 253,818 253,818 2021: $290.3K to continue East Vail interchange landscaping projectDowd Junction repairs and improvements 701,437 845 700,592 98,563 700,592 799,155 2021: Continue Re-stabilization of Dowd Junction path ($2.1M); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement from ERWSDGore Valley Trail Fence Replacement at Dowd Junction - - 50,000 50,000 2021: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence projectGore Valley Trail Reconstruction 25,000 25,000 - - 2020: $25K to complete Gore Valley Trail Reconstruction between W. Vail Conoco and Donovan Pavilion includes revegetation along West trail near Donovan PavilionNorth Recreation Path- Sun Vail to Pedestrian Bridge 233,380 7,135 226,245 - - 2020: $233K for North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge to coincide with the Red Sandstone parking garage projectTotal Rec Paths and Trails1,627,283 204,644 1,422,639 263,563 1,164,156 1,427,719 Recreational FacilitiesNature Center Operations 90,000 81,599 8,401 90,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesNature Center Capital Maintenance 145,292 145,292 5,165 50,000 55,165 2021: Re-appropriate $50L placeholder for nature center maint and repairs; 2020: replace benches and chairs ($5.2K); 2020: Wood siding and trim ($9.5K), window replacement ($10.3K), exterior door repairs ($7.6K); steep slope roofing replacement ($27.5K); signage ($17.2K), paths and walkways ($6.9K), timber stairway ($12.2K), shade structure reconstruction ($36.0K); Nature Center Redevelopment 383,522 383,522 - 383,522 383,522 2021: Re-appropriate $383.5K for further planning and design for a nature center remodelRecreation Facility Maintenance 25,000 13,709 11,291 25,000 25,000 2020: Annual $25K for general RETT facility maintenanceGolf Clubhouse & Nordic Center 33,824 9,015 24,809 - 24,809 24,809 2021: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities677,638 104,323 120,165 458,331 578,496 EnvironmentalEnvironmental Sustainability 475,962 420,913 55,049 550,920 70,335 621,255 2021: $9.7K Salary adjustments; $15K for a waste reduction intern; $20K annual energy mgmt. software (previously in CPF); $25K to integrate Love Vail website onto new TOV website framework; $650 for annual environments dues; Annual operating expenditures for Environmental department (4 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc. 2020 Energy Coordinator FTE requested; 10% reduction in operating expense and 0% merit impactRecycling and Waste Reduction Programs 217,545 105,934 111,611 122,500 90,876 213,376 2021: $7.9K use of bag fees for recycled banner swag, $13K annual recycling challenge; reappropriation of the following: Love Love ($50K), artwork for Love Vail ($5K), Recycling Education ($5K), Recycled art installation; Green Team ($2.5K), Eagle County Recycling Hauls ($25K), Zero Hero ($25K), Actively Green ($40K); Recycling Education ($30K); 2020: $10K to continue recycled art project; Reclass $7.5 Recycling Education from energy and transportation to Recycling Programs project code, new request $10K for single haul consultant; Love Vail website improvement ($30K); ; Annual expenditures: Green Team ($2.5K); Eagle County recycling hauls (reimbursed) $(25K); Zero Hero recycling at events ($25K); Actively Green contract ($40K); Recycling compliance, education, public art and compost pilot ($30K); 2019: Love Vail Phase website $100K, Waste Education $34.5K, Green Team $2.5K, Recycling and Compost $25K, Zero Hero $25K;Ecosystem Health 225,913 133,405 92,508 233,500 49,130 282,630 2021: Increase funding for Front range program ($15.1K), $34K for Big Horn sheep and underwater filming/Big Horn sheet documentary; Wildlife Forum ($2.5K), CC4CA ($3K); Biodiversity Study ($50K), Sustainable Destination ($30K), Trees for Vail ($5K), USFS Forest Service Ranger Program ($33K); Wildlife Habitat Improvements ($100K) 2020: CC4CA Retreat - host community ($3K); Sustainable Destination contract ($30K); Trees for Vail $5K; Strategic Plan completion and phase I rollout ($10K); Biodiversity study as outcome of open lands plan ($50K); Forest Ranger program ($33K); wildlife habitat improvements ($100K); 2019: Wildlife habitat program (NEPA study, field work) ($75K); Front Range Program $33K, Trees for Vail $5K, Sustainable Destination Contract $30k, CC4C Retreat $2.5K, Annual Wildlife Forum $2K; 2021: includes $45.9K for NEPA Bighorn sheet improvements project (2020 deferral)16 April 6, 2021 - Page 113 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Energy & Transportation 74,564 73,896 668 72,500 18,000 90,500 2021: Annual EV bulk purchase event, partnership with EC e-bike ownership model program; Continue E-Bike pilot program ($25K), Energy Smart Partnership ($40K), Sole Power ($7.5K) 2020: E-bike pilot program research ($25K); Annual expenditures: Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); 2021-2024: Energy Smart Partnership contract ($40K), Sole Power (7.5K) plus $2.1K donation from First BankStreamtract Education/Mitigation 81,800 49,871 31,929 50,000 20,000 70,000 2020: Re-appropriate $20K for streamtract education; 2021: $50K annual streamtract education programming such as "Lunch with Locals", landscape workshops, City Nature Challenge and storm drain art; 2020 includes $31.8K for project Re-wildWater Quality Infrastructure 250,000 245,498 4,502 1,750,000 55,116 1,805,116 2020: Continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore"; 2021: $1.0M plus $750K deferred from 2020 Streambank Mitigation 650,782 223,255 427,527 200,000 50,000 250,000 2020-2024 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2020 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above.Gore Creek Interpretive Signage 152,450 1,625 150,825 - 150,825 150,825 2021: Re-appropriate $150.8K for Gore Creek Interpretive signage project; 2020: $71.5K for Phase I of Gore Greek Interpretive signage (design); $81K for phase II of Gore Creek Interpretive Signage includes installation of "story stations" and interpretive picnic table tops.PW Solar Project - - - 1,100,000 1,100,000 2021: Installation of solar panels at Public Works Shops deferred from 2020Open Space Land Acquisition - - - 500,000 500,000 2021: $500K for open lands acquisition includes additional $250K deferred from 2020Total Environmental2,129,016 1,254,396 874,620 4,579,420 504,282 5,083,702 ArtPublic Art - Operating 130,771 114,885 15,886 101,653 1,964 103,617 Art in Public Places programming and operationsPublic Art - General program / art 60,000 22,070 37,930 598,022 37,930 635,952 2021: $re-appropriate $37.9K for annual art programs; $60K for annual art programs and $538K 2020 deferral of accumulated funds; To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough fundsPublic Art - Winterfest 56,094 32,970 23,124 30,000 23,124 53,124 2021- Re-appropriate for annual Winterfest programming; 2020: $24.1K for Winterfest, $2K for damaged ice sculpture reimbursement; Winterfest $30K per yearSeibert Memorial Statue 19,600 2,450 17,150 - 17,150 17,150 2021: Re-appropriate 17.2K for stature maint; 2020: Pete Seibert Memorial statue community reimbursement (over $150K) to be used for ongoing statue maintenanceArt Space 37,544 1,763 35,782 - 35,782 35,782 2021: Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art304,009 174,137 129,872 729,675 115,950 845,625 CommunityCouncil Contribution: Betty Ford Alpine Garden Support 71,094 71,094 - 63,985 63,985 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseCouncil Contribution: Eagle River Watershed Support 40,000 35,000 5,000 36,000 36,000 Annual support of the Eagle River Watershed Council programs Council Contribution: Adopt A Trail 5,100 5,100 - 4,590 4,590 Adopt A Trail Council Contribution for trails in or bordering the TownCouncil Contribution: Eagle Valley Land Trust - - - 5,000 5,000 Eagle Valley Land Trust Council ContributionBetty Ford Alpine Garden - Capital Contribution - - - 20,000 20,000 Contribution request to repair ADA pathways ($6K) and upgrade irrigation system ($19K)Total Contributions116,194 111,194 5,000 129,575 - 129,575 VRD-Managed Facility ProjectsRecreation Enhancement Account 541,665 541,665 170,000 541,665 711,665 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)Golf Clubhouse - - 20,260 20,260 2021: Wood Trim repairs ($20.2K)Golf Course - Other 722,509 348,191 374,318 135,482 590,318 725,800 2021: $216K for golf course green project; Re-appropriate $590K for golf course maintenance scheduled in 2020 but not completed; 2021:course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), maint. building furnace ($9.8M); 2020: $227K to complete reconstruction of maintenance building, parking and asphalt repairs, and drainage improvements; 2020: chain link-netting hybrid safety fence ($230K); complete asphalt repairs ($75K); repair wood trim on maintenance building ($25.8K), privacy fence repairs($2.2K), replace roof ($161.2K); Dobson Ice Arena 161,023 52,037 108,986 486,861 108,986 595,847 2021: Re-appropriate $109K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), restroom remodel ($78.7K), rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood trim ($9.3K); Repairs to exterior doors ($5.5K); exhaust stack repairs ($2.9K); '2020: Complete pavers and roof repairs ($161K); Ford Park / Tennis Center Improvements 163,467 22,424 141,043 - 141,043 141,043 2021: Re-appropriate $141K for golf course maintenance scheduled in 2020 but not completed; Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K)17 April 6, 2021 - Page 114 of 130 Includes New Request(Unaudited) Proposed2020 2020 Favorable 1st 2021Amended Actual (Unfavorable) 2021 Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Athletic Fields 6,000 6,000 109,716 6,000 115,716 2021: Re-appropriate $6K for parking lot; Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K) '2020: $6K for sealcoat and crack fill in parking lot;Gymnastics Center 258,608 18,565 240,043 - 240,043 240,043 2021: Re-appropriate $240K for new cooling system; Restroom remodel ($42.6K); 2020: $258.6K for the installation of a new cooling system; Total VRD-Managed Facility Projects1,853,271 441,217 1,412,054 922,319 1,628,055 2,550,374 Total Expenditures 10,558,381 5,399,807 5,158,573 9,879,064 4,790,020 14,669,084 Other Financing Sources (Uses)Transfer from Capital Project Fund 3,000 3,000 - - - Revenue Over (Under) Expenditures (1,054,607) 5,619,455 (3,643,085) (2,630,855) (4,446,371) (7,077,226) Beginning Fund Balance 14,684,013 14,684,013 13,629,406 20,303,468Ending Fund Balance13,629,406$ 20,303,468$ 10,998,550$ 13,226,242$ 18 April 6, 2021 - Page 115 of 130 (Unaudited)2020 2020 Favorable 2021 1st 2021Amended Actual (Unfavorable) Budget Supplemental AmendedRevenueHousing Fee in Lieu Annual Collections76,053 76,053 - - - - Transfer in from Capital Projects Fund2,500,000 2,500,000 - 2,500,000 690,000 3,190,000 Transfer from CPF for Middle CreekWorkforce Housing Sales 1,394,434 1,123,597 (270,837) - 280,000 280,000 Sale of Altair VailTotal Revenue 3,970,487 3,699,650 (270,837) 2,500,000 970,000 3,470,000 ExpendituresInDEED Program6,172,159 1,538,974 4,633,186 2,500,000 4,633,186 7,133,186 Re-appropriate InDeed fundsTown of Vail Rental Inventory35,125 513 34,612 - 34,612 34,612 Re-appropriate to be used towards future TOV employee rental inventorySolar Vail Housing Development- - - - - - Chamonix unit520,000 - 520,000 - - - Buy Down Housing382,513 - 382,513 - 911,675 911,675 Re-appropriate buy-down funds ($382.5K), sale of Altair Vail ($280K), Sales of Homesteak Peak ($249.2K)Middle Creek- Lot 3- - - - 690,000 690,000 Total Expenditures 7,109,797 1,539,487 5,570,310 2,500,000 6,269,473 8,769,473 Operating Income(3,139,310) 2,160,163 5,299,473 - (5,299,473) (5,299,473) Beginning Fund Balance 3,139,310 3,139,310 - 5,299,473 Ending Fund Balance-$ 5,299,473$ -$ -$ TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEHOUSING FUND19April 6, 2021 - Page 116 of 130 Proposed 2020 2020 Favorable 2021 1st 2021 Amended Actual (Unfavorable) Budget Supplemental Amended Revenue Business Licenses 325,000$ 342,959$ 17,959$ 335,000$ 335,000$ Transfer in from General Fund 2,156,846 1,653,178 (503,668) 1,475,184 91,790 1,566,974 Earnings on Investments 3,000 2,650 (350) 2,000 2,000 Total Revenue 2,484,846 1,998,787 (486,058) 1,812,184 91,790 1,903,974 Expenditures Commission on Special Events (CSE) 526,154 476,900 49,254 625,554 79,790 705,344 Education & Enrichment 154,530 148,600 5,930 154,530 12,000 166,530 Signature Events: Bravo! 210,000 115,000 95,000 210,355 210,355 Vail Jazz Festival 75,000 75,000 - 75,000 75,000 Vail Valley Foundation - Mountain Games 76,711 15,000 61,711 98,000 98,000 Vail Valley Foundation - Hot Summer Nights - - - Vail Valley Foundation - GRFA 57,050 57,050 - 52,500 52,500 Vail Valley Foundation - Dance Festival 7,500 7,500 - 38,245 38,245 Burton US Open 490,000 490,000 - - - Fireworks 36,000 36,000 - 36,000 36,000 Destination Events: Snow Days 190,000 - 190,000 - - Spring Back to Vail 71,000 71,000 - - - Town Produced Events:- Magic of Lights 250,000 250,000 - 50,000 50,000 Revely Vail 145,000 33,987 111,013 145,000 145,000 Vail Holidays Funding 25,000 38,030 (13,030) 25,000 25,000 Ambient Event Funding: Ford Park Entertainment 100,000 100,000 - - - Music in the Villages 40,000 40,000 - 300,000 300,000 CSE funded Music in the Villages 28,400 28,400 - - Collection Fee - General Fund 16,250 17,148 (898) 16,750 16,750 Total Expenditures 2,498,595 1,999,615 498,980 1,826,934 91,790 1,918,724 Revenue Over (Under) Expenditures (13,750) (828) (14,750) - (14,750) Beginning Fund Balance 386,835 386,835 386,007 386,007 Ending Fund Balance 373,085$ 386,007$ 371,257$ 371,257$ TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING & SPECIAL EVENTS FUND 20 April 6, 2021 - Page 117 of 130 2020 (Unaudited) Amended 2020 Favorable 2021 Budget Actual (Unfavorable) Budget Revenue Rental Income 1,536,828 1,587,080 50,252 1,730,243 Other Income 19,034 13,322 (5,712) 20,595 Total Revenue 1,555,862 1,600,402 44,540 1,750,838 Expenditures Operating, Maintenance & Contracts 529,740 501,689 28,051 485,745 Capital Outlay 797,423 389,498 407,925 25,000 Total Expenditures 1,327,163 891,187 435,976 510,745 Operating Income 228,699 709,215 (391,436) 1,240,093 Non-operating Revenues (Expenses) Interest on Investments 12,000 4,664 7,336 2,000 Loan Principal Repayment to Capital Projects Fund (378,294) (378,294) - (2,283,969) Interest Payment to Capital Projects Fund (110,969) (110,971) 2 (79,118) Total Non-operating Revenues (Expenses)(477,263) (484,601) 7,338 (2,361,087) Revenue Over (Under) Expenditures (248,564) 224,614 (384,098) (1,120,994) Beginning Fund Balance 2,068,694 2,068,694 2,293,308 Ending Fund Balance 1,820,130$ 2,293,308$ 1,172,314$ TOWN OF VAIL 2021 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND 23 April 6, 2021 - Page 118 of 130 (Unaudited) Proposed 2020 2020 Favorable 2021 1st 2021 Amended Actual (Unfavorable) Budget Supplemental Amended Revenue Town of Vail Interagency Charge 3,265,292$ 3,201,137$ (64,155)$ 3,650,378$ 3,650,378$ Insurance Reimbursements & Other 10,000 14,707 4,707 10,000 10,000 Federal Grants - 33,061 Earnings on Investments 7,900 15,735 7,835 7,900 7,900 Equipment Sales and Trade-ins 154,563 158,571 4,008 241,730 241,730 Total Revenue 3,437,755 3,423,210 (47,606) 3,910,008 - 3,910,008 Expenditures Salaries & Benefits 1,112,408 1,080,706 31,702 1,117,586 24,155 1,141,741 Operating, Maintenance & Contracts 1,465,018 1,150,969 314,049 1,543,674 1,543,674 Capital Outlay 1,250,357 1,018,603 231,754 1,253,000 130,388 1,383,388 Total Expenditures 3,827,783 3,250,278 577,505 3,914,260 154,543 4,068,803 Revenue Over (Under) Expenditures (390,028) 172,931 562,960 (4,252) (154,543) (158,795) Beginning Fund Balance 2,176,520 2,176,520 1,786,492 2,349,451 Ending Fund Balance 1,786,492$ 2,349,451$ 1,782,240$ 2,190,656$ 2020 (Unaudited) Amended 2020 Favorable 2021 Budget Actual (Unfavorable) Budget Revenue Town of Vail Interagency Charge - Premiums 4,670,000$ 3,800,000$ (870,000)$ 4,600,000$ Employee Contributions 840,000 813,760 (26,240) 897,000 Insurer Proceeds 20,000 44,399 24,399 20,000 Earnings on Investments 30,000 38,791 8,791 35,000 Total Revenue 5,560,000 4,696,951 (863,049) 5,552,000 Expenditures Health Inusrance Premiums 1,321,909 1,331,490 (9,581) 1,470,142 Claims Paid 4,408,760 3,145,795 1,262,965 4,557,453 Short-term Disability Pay - - Professional Fees 40,500 42,937 (2,437) 43,328 Total Expenditures 5,771,169 4,520,223 1,250,946 6,070,923 Revenue Over (Under) Expenditures (211,169) 176,728 (518,923) Beginning Fund Balance 3,980,924 3,980,924 4,157,653 Ending Fund Balance 3,769,755$ 4,157,653$ 3,638,730$ TOWN OF VAIL 2021 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEALTH INSURANCE FUND TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 21 April 6, 2021 - Page 119 of 130 (Unaudited) Proposed 2020 2020 Favorable 2021 1st 2021 Amended Actual (Unfavorable) Budget Supplemental Amended Revenue E911 Board Revenue 845,030$ 845,030$ -$ 874,606$ 874,606$ Interagency Charges 1,329,952 1,329,952 - 1,224,336 1,224,336 Federal Grants - 13,482 Other State Revenues 37,059 32,492 (4,567) - - Other County Revenues - - 259,304 259,304 Town of Vail Interagency Charge 661,194 661,194 - 616,306 616,306 Earnings on Investments and Other 10,000 13,103 3,103 5,000 5,000 Total Revenue 2,883,235 2,895,252 (1,464) 2,979,552 - 2,979,552 Expenditures Salaries & Benefits 2,222,962 2,117,522 105,440 2,291,795 50,164 2,341,959 Operating, Maintenance & Contracts 517,762 434,827 82,935 535,091 535,091 Capital Outlay 562,948 270,625 292,323 260,913 292,323 553,236 Total Expenditures 3,303,672 2,822,974 480,698 3,087,799 342,487 3,430,286 Revenue Over (Under) Expenditures (420,437) 72,278 (108,247) (342,487) (450,734) Transfer In from General Fund 4,848 4,848 - Beginning Fund Balance 1,788,949 1,788,949 1,396,061 1,866,075 Ending Fund Balance 1,373,360$ 1,866,075$ 1,287,814$ 1,415,341$ TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 22 April 6, 2021 - Page 120 of 130 Ordinance No. 5, Series of 2021 ORDINANCE NO. 5 SERIES OF 2021 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND , HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND AND DISPATCH SERVICES FUND, OF THE 2021 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 20 20 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2020, adopting the 2021 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the T own Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorad o, the Town Council hereby makes the following budget adjustments for the 2021 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,035,346 Capital Projects Fund 12,845,478 Real Estate Transfer Tax Fund 4,790,020 Housing Fund 6,269,473 Marketing Fund 91,790 Heavy Equipment Fund 154,543 Dispatch Services Fund 342,487 Debt Service Fund (1,200,000) Interfund Transfers 418,210 Total $ 24,747,347 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 rema ining portions of this ordinance; and the Town Council hereby declares it wou ld have passed this ordinance, and each April 6, 2021 - Page 121 of 130 Ordinance No. 5, Series of 2021 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phras es be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for th e health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued , any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by vir tue of the provision repealed or repealed and reenacted. The repeal of any provi sion hereby shall not revive any provision or any ordinance previously repealed or superseded unle ss expressly stated herein. 5. All bylaws, orders, resolutions, and ordinan ces, 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, o r ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March 2021, and a public hearing shall be held on this Ordinance on the 6th day of April, 2021, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Dave Chapin, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READIN G AND ORDERED PUBLISHED IN FULL this 6th day of April. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk April 6, 2021 - Page 122 of 130 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 6, S eries of 2021,S econd Reading, An Ordinance Conveying a Certain P arcel of L and to the Colorado Department ("C D O T") of Transportation P RE S E NT E R(S ): Tom Kassmel, Town E ngineer AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 6, Series of 2021 upon second reading B AC K G RO UND: The Town of Vail has approved the construction of the South Frontage Road Roundabout Project which requires the Town to transfer a small parcel of Town property to C D O T to accommodate the new roundabout within C D O T Right of Way S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance No. 6, S eries of 2021. AT TAC H ME N TS: Description Memo Ordinance W arranty Deed Plan View April 6, 2021 - Page 123 of 130 To: Town Council From: Public Works Department Date: April 6, 2021 Subject: Second Reading Ordinance No. 6 Series 2021 – Conveying a Certain Parcel of Land to CDOT I. SUMMARY On March 16, 2021, Town Council approved the First Reading of Ordinance No. 6 Series 2021 – Transfer of Town Property to CDOT for South Frontage Road Roundabout Right of Way. Staff is requesting that Town Council approve Ordinance No. 6 Series 2021 on Second Reading. The Town of Vail has budgeted for and approved the construction of the South Frontage Road Roundabout Project this year which includes the widening of the South Frontage Road to 4 lanes with landscape medians, sidewalks and a roundabout. In order to accommodate the roundabout with the CDOT Right of W ay, the Town of Vail will need to transfer 643 square feet of Town property to CDOT. This portion of Town property is located at the southwest corner of the Town Municipal property and is shown on the approved construction documents for the project. The property to be transferred is identified as RW-8 within the project’s approved Right of Way plans. The property must be transferred by Town Ordinance. Attached is a copy of Town Ordinance No. 6 Series 2021 and the appropriate plan view and legal description of property RW-8 II. STAFF RECOMMENDATION Approve the Second Reading of Ordinance No. 6 Series 2021 - Transfer of Town Property to CDOT for South Frontage Road Roundabout Right of Way III. ATTACHMENTS Ordinance No. 6 Series 2021 Exhibit A Plan View of RW-8 April 6, 2021 - Page 124 of 130 1 ORDINANCE NO. 6 SERIES 2021 AN ORDINANCE CONVEYING A CERTAIN PARCEL OF LAND TO THE COLORADO DEPARTMENT (“CDOT”) OF TRANSPORTATION WHEREAS, the Town wishes to convey a certain portion of land as set forth in the Warranty Deed (the “Deed’), attached hereto as Exhibit A and made a part hereof by this reference, to CDOT as to facilitate the South Frontage Road Improvement Project; 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. The Town Council hereby approves the Deed 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 all necessary documents to effectuate the subject conveyance. 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. 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 16th day of March, 2021 and a April 6, 2021 - Page 125 of 130 2 public hearing for second reading of this Ordinance set for the 6th day of April, 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 6th day of April, 2021. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk April 6, 2021 - Page 126 of 130 Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 932A. Rev. 4-94. WARRANTY DEED (For Photographic Record) Page 1 of 1 WARRANTY DEED THIS DEED, dated _________________________, 20_______, between the TOWN OF VAIL, a Colorado home rule municipal corporation, grantor, and the DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, whose legal address is 2829 W. Howard Place, Denver, CO 80204 of the City and County of Denver and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: See attached Exhibit “A” dated February 19, 2021 for the Town of Vail South Frontage Road Improvement Project Parcel Number RW-8 Being a portion of Eagle County Assessor Parcel Number 2101-064-00-004. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargaine d premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee and grantee's successors and assigns forever. The grantor, for itself and for its successors and assigns, does covenant, grant, bargain, and agree to and with the grantee and grantee's successors and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: Excepting from the subject property described herein as Exhibit "A", the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The grantor hereby covenants and agrees that the grantee shall forever have the right to take and use, without payment of further compensation to the grantor, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the grantor. The grantor further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described as Exhibit "A", and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the grantor and its heirs, personal and legal representatives, successors and assig ns forever. The grantor shall and will WARRANT AND FOREVER DEFEND the ab ove bargained premises in the quiet and peaceable possession of the grantee and grantee's successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singu lar, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. ATTEST: TOWN OF VAIL, a Colorado home rule Municipal corporation By: By: Name & Title Name & Title STATE OF COLORADO ) ) ss County of Eagle ) The foregoing instrument was acknowledged before me this _________of________________________, 20_______, by as and attested to by as of the Town of Vail, a Colorado home rule municipal corporation. Witness my hand and official seal. My commission expires: Notary Public April 6, 2021 - Page 127 of 130 EXHIBIT "A" PROJECT NUMBER: TO BE ACQUIRED: RW-8 PROJECT CODE: SOUTH FRONTAGE ROAD WIDENING AND ROUNDABOUT PROJECT DATE: FEBRUARY 19, 2021 DESCRIPTION OF PARCEL NO. RW-8 A parcel of land for roadway, utility and all other public purposes, No. RW-8 of the Colorado Department of Transportation, Project No. containing 643 sq. ft. (0.015 acres), more or less, situated within that parcel described in that Special Warranty Deed recorded as Reception Number 201214771 of the Eagle County records (hereinafter referred to as “Town of Vail Property”, said parcel also being in the S1/2SE1/4, of Section 6, Township 5 South, Range 80 West, of the Sixth Principal Meridian, in the County of Eagle, State of Colorado, being more particularly described as follows: Commencing at the Southeast Corner of said Section 6 (a found 3.25” aluminum cap in monument box with illegible markings), thence N 64°47'36" W, a distance of 1010.38 feet to the southwest corner of said Town of Vail Property, the TRUE POINT OF BEGINNING; feet; 1. Thence N 26°30'16" E along the west line of said Town of Vail Property, a distance of 35.46 2. Thence 39.88 feet along a non-tangent curve to the right, having a radius of 82.50 feet, a central angle of 27°41’47”, the chord of which bears S 08°26’09” E a distance of 39.49 feet; 3. Thence S 05°24'45" W, a distance of 16.04 feet to a point on the south line of said Town of Vail Property; 4. Thence N 40°47'37" W along the south line of said Town of Vail Property, a distance of 30.77 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 643 sq. ft. (0.015 acres), more or less. BASIS OF BEARINGS: All bearings are based on the line connecting "WOODMAN" to "SPRADDLE" being a GRID bearing of N 72°26'53" E, as obtained from a global positioning system (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). Said Grid bearing is NAD 83 (2011) Colorado State Plane - Central Zone 502. "WOODMAN" (PID AB2085) is a National Geodetic Survey (NGS) first order horizontal mark monumented with a 3.5" diameter brass cap set flush in a boulder, cap stamped in part "WOODMAN 1994". "SPRADDLE" (PID AB2083) is a National Geodetic Survey (NGS) first order horizontal mark monumented with a 3.5" diameter brass cap set flush in a boulder, cap stamped in part "SPRADDLE 1994". For and on Behalf of SGM, Inc. 118 W. Sixth St., Suite 200 Glenwood Springs, Co 81601 Timothy A. Barnett, PLS 38404 2/19/21 April 6, 2021 - Page 128 of 130 April 6, 2021 - Page 129 of 130 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 8:25 (estimate) April 6, 2021 - Page 130 of 130