HomeMy WebLinkAbout2021-06-15 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E T IN G
E vening Agenda
Virtual
6:00 P M, June 15, 2021
Meeting to be held Virtually (access H igh Five Access Media
livestr eam https://www.highfivemedia.org/live-five the day of
the meeting and visit https://www.vailgov.com/town-council to
participate in public comment)
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will
consider an item.
Public c omment will be taken on eac h agenda item.
Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town
services, polic ies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citiz en Participation (10 min.)
2.Federal Legislation Updates from Congressman Joe Neguse (15 min.)
3.Any action as a result of executive session
4.Consent Agenda (5 min.)
4.1.May 4 2021Town Counc il Meeting Minutes
4.2.May 18 2021 Town Council Meeting Minutes
4.3.Resolution No. 24, Series of 2021, A Resolution Approving a Contract to
Buy and Sell Residential Real Estate
Action Requested of Counc il: A pprove, approve with amendments, or deny
Resolution No. 24, Series of 2021.
Bac kground: The Town wishes to purc hase the Property pursuant to the
terms of the Contract to B uy and Sell Real Estate
Staff Rec ommendation: Approve, approve with amendments, or deny
Resolution No. 24, Series of 2021.
4.4.Resolution 26, Series 2021, a Resolution of the Vail Town Council
Approving a Personal P roperty D onation Agreement between the Town of
Vail and the Town of Avon.
Action Requested of Counc il: A pprove, approve with modifications, or deny
Resolution 26, Series 2021.
Bac kground: The Town of Vail is the owner of personal property c onsisting
of 2 passenger buses c urrently owned by the Town. The Town now intends
June 15, 2021 - Page 1 of 191
to donate the 2 passenger buses to The Town of Avon.
Staff Rec ommendation: Approve, approve with modifications, or deny
Resolution 26, Series 2021.
4.5.Contract with S E Group, (Booth C reek Forest Health and Fuels Projec t)
Presenter(s): Paul Cada, W ildland Program Manager, K risten Bertuglia,
Environmental Sustainability D irec tor
Action Requested of Counc il: Staff requests the Vail Town C ounc il review
the Professional Services A greement and provide direction to the Town
Manager on the execution of the c ontrac t.
Bac kground: The Town of Vail has contracted with S E Group, Frisco, to
support the National Environmental Polic y Ac t (NE PA) review for the Booth
Creek Forest Health and Fuels Project Environmental A ssessment, for
Phases 1 and 2. This contract is for Phase 3, which includes additional
field work, GI S, public sc oping, and final study plan.
Staff Rec ommendation: S taff rec ommends the Vail Town Council direc t the
Town Manager to enter into a P rofessional Services Agreement with S E
Group in the amount of $76,250.
5.Town Manager Report (10 min.)
6.P resentations / Discussion
6.1.Presentation on the process to update the Commercial Linkage Fee,
Mitigation Rate and Methods of Mitigation and adopt Residential Linkage
obligations for residential development within the Town of Vail
60 min.
Presenter(s): George Ruther, Housing Director; Andrew Knudsen,
Princ ipal, E P S; Rachel S hindman, Senior Analyst, E P S
Action Requested of Counc il: No formal action is requested at this time.
The Town Counc il is being asked to engage in the presentation and
disc ussions and provide policy direc tion as nec essary.
Bac kground: The Vail Town Council instruc ted the Housing Department to
take the steps necessary to propose updated mitigation fees, mitigation
rates, and methods of mitigation for c ommercial development in the Town of
Vail. These fees, rates and methods have not been updated since adoption
more than 10 y ears ago. The Town C ounc il further requested the Housing
Department evaluate options for implementing residential linkage obligations
for residential development to either complement or replac e current
inc lusionary zoning requirements. This projec t has been undertaken with
the input of the Vail Local Housing Authority.
Staff Rec ommendation: As this is a presentation and disc ussion intended
for information sharing and education, neither the Housing Department staff
nor the Vail Local Housing Authority will be providing a recommendation at
this time.
6.2.Vail Oversize Vehicle P arking Update 20 min.
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Counc il: Review oversize vehicle parking options and
provide direction to staff.
Bac kground: The Town of Vail is currently under construc tion with the
Children's Garden of Learning facility at the Lionshead oversize vehic le
parking lot. This displac es 11 oversize vehicle parking spaces to W est
Vail. Staff has reviewed 10 additional alternatives and narrowed those down
to 3 preferred options.
Staff Rec ommendation: Review options and provide direc tion to staff.
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7.Action Items
7.1.Permission to Proceed through the D evelopment Review P roc ess, Outdoor
Dining in Vail Village
5 min.
Presenter(s): J onathan S penc e, Planning Manager
Action Requested of Counc il: The Vail Town Council shall approve, approve
with modific ations, or deny a request for a blanket approval to proceed
through the development review process for outdoor dining for food and
beverage establishments in Vail Village until April 30, 2022.
Bac kground: The Town of Vail has a long standing polic y that prior to
proceeding through any application (Planning/P W /Etc.) that involves town-
owned property, the applicant shall first request from the TC, representing
the owner, permission to proc eed through the related process. This is most
common with planning applic ations, including use permits before the PE C
and design applic ations before the D RB. Outdoor dining in Vail Village is
the most commonly requested permission to proceed.
Staff Rec ommendation: S taff rec comends the Town Counc il grant a blanket
approval to proceed through the development review process for outdoor
dining for food and beverage establishments on town-owned property in
Vail Village until April 30, 2022.
7.2.Financing options for Residenc es at Main Vail Housing P rojec t 20 min.
Presenter(s): Kathleen Halloran, Finance Direc tor
Action Requested of Counc il: Provide staff direction on financing options
and upfront costs.
Bac kground: W ith public financing at rec ord lows, Town C ounc il will
consider financing the Residences at Main Vail. The new housing projec t
would become a town owned and operated development.
Staff Rec ommendation: P rovide direc tion regarding financ ing options and
upfront costs.
7.3.Resolution 25, Series 2021, a Resolution Supporting Healthy Rives and
W atersheds through the Protec tion of W ater Resources in the Eagle River
W atershed and Surrounding Areas, Maximizing the Aesthetic , Economic ,
Rec reational, Environmental, Human and W ildlife Benefits.
5 min.
Presenter(s): Peter W adden, W atershed Educ ation Coordinator
Action Requested of Counc il: A pprove, approve with modifications, or deny
Resolution 25, Series 2021.
Bac kground: I n light of ongoing drought conditions in Colorado, loc al town
managers c onvened to draft the attached resolution in support of healthy
rivers and waterways. Adoption of the resolution would be another step in
the Vail Town Council's ongoing support of aquatic environments and efforts
to protec t water quality and water quantity in Eagle County.
Staff Rec ommendation: Approve, approve with modifications, or deny
Resolution 25, Series 2021.
7.4.Resolution No. 27, A Resolution Approving a Memorandum of
Understanding (MOU) B etween the Town of Vail and the Local Government
Members of the Climate Ac tion C ollaborative for the Eagle County
Community.
10 min.
Presenter(s): Scott Robson, Town Manager
Action Requested of Counc il: Staff requests the Vail Town C ounc il review
and approve, approve with modific ations, or deny Resolution No. 27, Series
of 2021.
Bac kground: I n 2017 the Town of Vail signed a Letter of I ntent to join The
June 15, 2021 - Page 3 of 191
Climate Ac tion Collaborative (C AC) of the Eagle County Community and
financially contributes to the efforts of this group each year. I n order to
effectively drive forward the adopted greenhouse gas emissions goals of the
Climate Ac tion Plan, the local governments of the C A C are establishing a
governing board via a Memorandum of Understanding (MOU) (Exhibit A).
Staff Rec ommendation: S taff rec ommends the Vail Town Council approve
Resolution No. 27, Series of 2021.
7.5.Ordinanc e No. 13, Series 2021, First Reading, An Ordinanc e Making
Adjustments to the Town of Vail General Fund, Capital Projects Fund,
Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy
Equipment Fund, and Dispatc h Services Fund
30 min.
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Counc il: A pprove or approve with amendments
Ordinanc e No. 13, Series 2021.
Bac kground: Please see attached memo.
Staff Rec ommendation: Approve or approve with amendments Ordinance
No. 13, Series 2021
8.P ublic Hearings
8.1.Ordinanc e No. 12, Series of 2021, an Ordinance Amending the Approved
Development Plan for Phase I I I of Spec ial Development D istrict No. 6, Vail
Village I nn, to Allow for the Conversion of an Existing C ommercial Unit at
68 Meadow Drive into Residential Space.
30 min.
Presenter(s): Erik Gates, Planner
Action Requested of Counc il: A pprove, approve with modifications, or deny
Ordinanc e No. 12, Series of 2021, upon first reading.
Bac kground: An amendment to SD D #6, Vail Village I nn, proposes to
convert an existing commercial unit into residential space. Ac cording to the
applicant, the space has been diffic ult to lease due to low visibility from East
Meadow Drive. The residential space will be added on to the existing units
above, so no new units are being created.
Staff Rec ommendation: The Planning and Environmental C ommission
rec ommends the Town C ounc il approve Ordinance No. 12, Series of 2021,
upon first reading.
9.Adjournment
9.1.Adjournment 9:40 pm (estimate)
Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website
www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available
fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media
website the week fo llo wing meeting d ay, www.highfivemed ia.org.
P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with
48 ho ur notific ation dial 711.
June 15, 2021 - Page 4 of 191
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 : May 4 2021Town Council Meeting Minutes
AT TAC H ME N TS :
Description
May 4 2021 Town C ouncil Meeting Minutes
June 15, 2021 - Page 5 of 191
Town Council Meeting Minutes of May 4, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, May 4, 2021
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID -19 virus, the
meeting was held with virtual access provided through Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was none.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 5, Series of 2021, Declaring May as Wildland Fire Preparedness Month.
Presenter(s): Paul Cada, Wildland Program Manager
Action Requested of Council: Read proclamation into the record
Background: During the month of May communities across the west take a pause and engage
in some preparation for the upcoming wildfire season. Wildfire in Colorado and throughout the west continue to be larger, burn longer, and are harder to control. A combination of factors
including heavy accumulations of fuel, dryer and warmer weather and more human activities in
nature have primed our forests, shrublands and communities to burn. It is incumbent upon
everyone; governments, businesses and citizens to prepare for wildfire. The Town of Vail joins
the State of Colorado and many communities across the west in declaring May as “Wildfire
Awareness Month”.
Chapin read Proclamation No. 5, Series of 2021 into the record.
4. Consent Agenda
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Town Council Meeting Minutes of May 4, 2021 Page 2
4.1. Contract with SHC Nursery and Landscape Company (Gore Creek Planting
Projects 2021)
Background: As part of the efforts to improve water quality in Gore Creek, the town has installed
native plantings along the stream bank each of the last five years. Approximately 15,000 native
trees, shrubs and forbs have been installed to provide habitat and shade, to reduce erosion and
to disrupt pollution pathways to the creek. The proposed work in 2021 will install an additional
3,000 plants as well as improved drip irrigation to increase the success rates along some project
sections.
Staff Recommendation: Authorize the Town Manager to enter a contract with SHC Nursery and
Landscape Company for the Gore Creek Riparian Planting Projects 2021 project.
Langmaid made a motion to direct the Town Manager to enter into a contract with SHC Nursey
Landscaping Company in the amount not to $51,243.00; Coggin seconded the motion passed
(7-0).
4.2. Funding Agreement for Shakedown Presents Summer Village Ambient
Entertainment
Action Requested of Council: Authorize the Town Manager to enter into an agreement with High
Altitude Entertainment, on a form approved by the Town Attorney, to produce the summer
ambient entertainment “Shakedown Presents” concerts for $150,000.
Background: Contracts over $50,000 need council approval. The funding amount for the 2021
Summer Ambient Entertainment with Shakedown Presents is $150,000.
Staff Recommendation: Authorize the Town Manager to enter into the event agreements with
the event producers, on a form approved by the Town Attorney, and not to exceed the contract
amounts outlined in staff's memorandum.
Coggin made a motion to authorize the Town Manager to enter into an agreement with
Shakedown Presents in an amount not to exceed $150,000; Foley seconded the motion passed
(7-0).
4.3. Contract with GMV Syncromatics (Transit Intelligent Transportation System
Project)
Action Requested of Council: Authorize the Town Manager to enter into an agreement with GMV Syncromatics for the Transit Intelligent Transportation System Project.
Background: See attached memorandum
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with GMV Syncromatics for the implementation of the transit
intelligent transportation system in the amount of, and not to exceed, $760,000 contingent on
receiving purchase authorization approval from the Colorado Department of Transportation. Supplement the budget by $60,000 for the additional screen from the capital projects fund.
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Town Council Meeting Minutes of May 4, 2021 Page 3
Coggin made a motion to authorize the Town Manager to enter into an agreement with GMV
Syncromatics in an amount not to exceed $760,000 and to approve supplementing the budget
by $60,000 from the capital projects for an additional screen; Bruno seconded the motion
passed (7-0).
5. Town Manager Report
Robson stated he and the Community Development director would be having 2 on 2 meetings
with PEC members to discuss several topics to assist in formulating an agenda for an upcoming
joint meeting between PEC and Town Council.
6. Presentations / Discussion
6.1. Eagle River Water and Sanitation District Water Supply Master Plan
Presenter(s): Linn Brooks, ERWSD General Manager; Jason Cowles, ERWSD Director of
Engineering and Water Resources; and Diane Johnson, ERWSD 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 the Water Resources
Master Plan.
Brooks provided a brief recap of the information presented to council on April 6, 2021. Brooks reviewed the Water Resources Masterplan (the “Plan”) PowerPoint that was provided in
council’s agenda material. The objective of the Masterplan was to ensure a reliable physical
and legal water supply to existing and approved development and adequate future water supply
to meet the land use goals of local land use authorities (LUAs), while protecting environmental
and recreational uses of stream flows. There were six aspects of the Plan:
1. Policy
• Water conservation goals, %/year
• Definitions of reasonable, inefficient, and unsustainable water use
• Priority lists and timelines for Programs and Projects
2. Tools
• The model
• Data reports
• Goals
• Performance metrics 3. Resources
• Budgeted funds
• Grants
• Additional in-house skills
4. Programs
• Reduce water use by subdivisions that are using more water than they are
entitled to
• Water Budgeting
5. Projects
• Political unification of the District and Authority
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Town Council Meeting Minutes of May 4, 2021 Page 4
• Bolts Lake
6. Outreach
• Land Use Agencies
• Customer s
Council thanked ERWSD for their informative presentation.
6.2. West Vail Master Plan presentation
Presenter(s): Matt Gennett, Community Development Director
Action Requested of Council: Staff asks Council to review the presentation and provide
feedback during the meeting.
Background: The creation and adoption of a master plan for West Vail is a Town Council 2018-
2020 Action Plan goal. This master plan is in keeping with the council’s intentions around
thorough community engagement, sustainable best practices for future development,
identification of housing opportunities, and fostering economic development to create vibrancy.
Gabby Voeller, SE Group, reviewed the draft West Vail Master Plan stating the Plan addressed
several issues such as the outdated commercial area, existing aging housing stock , the need for
additional pedestrian and biking connections, upgrades to North Frontage Road and limitations
of current zoning. The consulting team reviewed current issues and possible solutions
concerning:
West Vail Center
Housing
Transportation and Mobility
Council members were supportive of the proposed residential rezoning opportunities that would
help preserve locals housing.
7. Action Items
7.1. Children's Garden of Learning Construction Contract Award
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Award construction contract for the Children's Garden of Learning
Relocation Project
Background: After receiving no bids for the Children's Garden of Learning Relocation Project,
the Town Council directed staff to work with MW Golden to negotiate a f inal contract price for
the project. MW Golden would act as the General Contractor for the project, coordinating and
working with Palomar Modular Buildings who were previously awarded the modular construction
portion of the project.
Staff Recommendation: Award construction contract to MW Golden and direct Town Manger to supplement project budget.
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Town Council Meeting Minutes of May 4, 2021 Page 5
Kassmel reminded council that at the last Council meeting on April 20, Council directed staff to
work with MW Golden to retain the necessary subcontractors and to negotiate an agreed upon
contract price. As a result of this additional effort, the current total GC contract price is
$1,630,000; $460,000 over budget. Kassmel recommended to keep moving forward with a
contract award not to exceed $1,630,000 and supplementing the project budget by $460,000
from the Vail Reinvestment Authority (VRA).
Foley made a motion to authorize the Town Manager to enter into an agreement with MW
Golden in an amount not to exceed $1,630,000 and to supplement the project budget in an
amount of $460,000 from the Vail Reinvestment Authority ; Coggin seconded the motion passed
(7-0).
7.2. Ordinance No. 10, Series 2021, First Reading, An Ordinance Amending Section 7-
3D -1 of the Vail Town Code to Increase the Penalties for Parking Violations in the Area
Around the Booth Lake Trailhead
Presenter(s): Ryan Kenney, Police Commander
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10,
Series of 2021 upon first reading
Background: At Council’s direction, the East Vail Trailheads Committee met and discussed
options for curbing illegal parking at the Booth Falls Trailhead. After considering several options,
a special enforcement area was selected as the best option. The enforcement area is Booth
Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which shall include Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and the 2800 – 3700 block of the North
Frontage Road. Parking fines in this area will start at $100 for the first offense, $200 for the
second and $300 for the third.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 10, Series
of 2021 upon first reading
Craig Bettis, Vail Police Commander, reviewed the first reading of Ordinanc e No. 10, Series of
2021 with council. The ordinance addressed illegal parking at the Booth Heights Trailhead.
Public comment was called.
Penny Wilson ask ed if the fines would apply to hiker vehicles at the park and Bald Mountain
Road.
Pam Stenmark asked if parking would be limited at Vail Mountain School.
Robson provided information about the pending closure of the trailhead parking lot as a pilot
program beginning June 2 to address traffic and safety concerns in the neighborhood.
Council had no comments.
Stockmar made a motion to approve Ordinance No. 10, Series of 2021 upon first reading; Langmaid seconded the motion passed (6-0* Coggin left the meeting at 8:00 pm ).
June 15, 2021 - Page 10 of 191
Town Council Meeting Minutes of May 4, 2021 Page 6
There being no further business to come before the council, Foley moved to adjourn the
meeting; Stockmar seconded the motion which passed (6-0* Coggin left the meeting at 8:00
pm). and the meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
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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 : May 18 2021 Town Council Meeting Minutes
AT TAC H ME N TS :
Description
May 18 2021 Town Council Meeting Minutes
June 15, 2021 - Page 12 of 191
Town Council Meeting Minutes of May 18, 202 1 Page 1
Vail Town Council Meeting Minutes
Tuesday, May 18, 2021
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID -19 virus, the
meeting was held with virtual access provided through Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was none.
2. Any action as a result of executive session
There was none.
3. Vail Youth Recognition Awards
3.1. Town of Vail Scholarship Program Recognitions
Presenter(s): Jenn Bruno, Vail Town Council Member and Dwight Henninger, Chief of Police
Background: The Town of Vail has offered a financial scholarship program for Vail seniors who
have achieved academic excellence and leadership success and commitment to the Vail
community. The scholarship is to help fund students who are pursuing their next chapter in life
at either a college, university or technical school. The 2021 award will be given to two senior students, Gabriela Fuentes Georgieva who attends Eagle Valley High School and Jessica
Sherpa who attends Vail Mountain School.
Bruno introduc ed and provided background information on the two seniors who have been
awar ded the $5000 Town of Vail Scholarships: Gabriela Fuentes Georgieva, Eagle Valley High
School student and Jessica Sherpa, Vail Mountain School student. Both scholarship rec ipients
addressed the council stating how grateful they w ere to be selected as this year’s scholarship
recipients.
4. Appointments for Boards and Commissions
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Town Council Meeting Minutes of May 18, 202 1 Page 2
4.1. Vail Local Housing Authority Appointment
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint one person to serve on the VLHA for a five-year term
ending on May 31, 2026.
Langm aid made a motion to appoint Mary McDougal to the Vail Local Housing Authority for a
five-year term ending May 31, 2026; Foley seconded the motion passed (7-0)
4.2. Vail Local (Liquor) Licensing Authority Appointments
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three people to serve on VLLA for two-year term ending
May 31, 2023.
Langmaid made a motion to appoint Bryce Bastolich, Ross C ohen and Bob McKnown to the
Vail Local Licensing Authority for a two year term ending on 5/31/2023; Foley seconded the
motion passed (7-0).
5. Consent Agenda
5.1. April 06, 2021 Meeting Minutes
Langmaid made a motion to approve the April 6, 2021 meeting minutes; Foley seconded the
motion passed (7-0).
5.2. April 20, 2021 Meeting Minutes
Foley made a motion to approve the April 20, 2021 meeting minutes; Coggin seconded the
motion passed (6-0 * Mason recused due to her absence from the April 20 council meeting).
5.3. Resolution No. 8, Series of 2021, A Resolution of the Vail Town Council Approving
a Master Lease Between the Town of Vail and the Vail Corporation, DBA Vail Associates
Inc. ("VAI")
Action Requested of Council: Approve, approve with modifications or deny Resolution No. 8,
Series of 2021
Background: Vail Associates Inc desire to lease from the Town of Vail 37 of the Timber Ridge
Apartments together with 27 parking spaces to sublease those units to their employees.
Staff Recommendation: Approve, approve with modifications or deny Resolution No. 8, Series
of 2021
Langmaid made a motion to approve R esolution No. 8, Series of 2021; Foley seconded the motion passed (5-2 Coggin and Bruno opposed)
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Town Council Meeting Minutes of May 18, 202 1 Page 3
5.4. Resolution No. 20, Series of 2021, a Resolution of the Vail Town Council
Approving a First Amendment to the Lot 3, Middle Creek Development Agreement
between the Town of Vail and Triumph Development West, LLC.
Action Requested of Council: Approve, approve with amendments, or deny Resolution 20,
Series 2021.
Background: On March 2, 2021, the Vail Town Council approved Resolution No. 10, Series of
2021, approving an agreement with Triumph Development for the development of Lot 3, Middle
Creek (Residences at Main Vail). Contained within is a provision setting forth a deadline for
approving a development agreement for the subsequent redevelopment of the Timber Ridge
Village Apartments. Given time constraints and focused efforts to obtain an entitlement approval
for the Residences at Main Vail this has not yet happened.
Staff Recommendation: Approve, approve with amendments, or deny Resolution 20, Series
2021.
Langmaid made a motion to approve Resolution No. 20, Series of 2021; Foley seconded the motion passed (7-0).
5.5. Resolution 21, Series 2021, A Resolution of the Vail Town Council Approving an
Intergovernmental Agreement between the Town of Vail and the Town of Avon for
Building Inspection Coverage Services.
Action Requested of Council: Approve, approve with amendments or deny Resolution 21, Series 2021.
Background: The Town of Vail and the Town of Avon desire to cooperate to allow The Town’s
building inspectors to perform building inspections in Avon when Avon’s building inspectors are
unavailable or on vacation.
Staff Recommendation: Approve, approve with amendments or deny Resolution 21, Series
2021.
This resolution was not voted on due to contract negotiations were still occurring.
5.6. Resolution No. 22 Series of 2021, An Intergovernmental Agreement for Fire and
Emergency Medical Services Automatic or Mutual Aid Between the Town of Vail, the
Eagle River Fire Protection District, the Greater Eagle Fire Protection District and the
Gypsum Fire Protection District
Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 22
Series of 2021
Background: See attached memorandum
Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 22 Series
of 2021
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Town Council Meeting Minutes of May 18, 202 1 Page 4
Langmaid made a motion to approve Resolution No. 22, Series of 2021; Coggin seconded the
motion passed (7-0).
5.7. Contract with 360 Paving, LLC (complete Vail 2021 Overlay Project)
Action Requested of Council: Authorize the Town Manager to enter into an agreement with 360
Paving LLC to complete the Vail 2021 Overlay Project.
Background: Staff received 3 bids for the Vail 2021 Overlay Project from 360 Paving, GM
Asphalt Repair and United Companies. The project is budgeted with the Capital Street
Maintenance budget and is within the engineer’s estimate. Roads included in this year’s asphalt
overlay project include Westhaven Dr, Vail View Dr and Red Sandstone Rd from the S Frontage
Rd to Vail View Dr. The project is scheduled to be completed by September 24, 2021.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with 360 Paving LLC to complete the Vail 2021 Overlay Project
in the amount not to exceed $290,020.00.
Coggin made a m otion to authorize the Town Manager to enter into an agreement with 360
Paving LLC in an amount not to exceed $290.020.00; Foley seconded the motion passed (7-0).
5.8. Contract with Hess Contracting (Lionshead Transit Center Bus Shelter)
Action Requested of Council: Award Construction Contract.
Background: The Town of Vail publicly bid the Lionshead Transit Center Westbound Bus Stop
Shelter project, which was originally intended to be constructed in 2018 but was deferred due to
budget constraints. Aw ard contract to Hess Contracting.
Staff Recommendation: Authorize the Town Manager to enter into a construction contract, in a
form approved by the town attorney, with Hess Contracting, Inc. in the amount of $138,006.
Coggin made a motion to authorize the Town Manager to enter into an agreement with Hess
Contracting Inc in an amount not to excess $138,006; Foley seconded the motion passed (7-0).
6. Town Manager Report
Robson stated he had nothing to discuss with council at this time.
7. Action Items
7.1. Ordinance No.11, Series 2021, First Reading, an Ordinance Repealing and
Reenacting Title 11, Sign Regulations, Vail Town Code, Pursuant to Section 12-3-7,
Amendment, to Adopt Updated Sign Regulations, and Setting Forth Details in Regard
Thereto
Presenter(s): Erik Gates, Planner
Action Requested of C ouncil: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 11, Series of 2021, upon first reading.
June 15, 2021 - Page 16 of 191
Town Council Meeting Minutes of May 18, 202 1 Page 5
Background: On June 18th, 2015, the Supreme Court of the United States (SCOTUS) issued a
decision on Reed v. Town of Gilbert in favor of Reed that put the constitutionality of sign codes
in many municipalities, including the Town of Vail, into question. The SCOTUS decision
generally points to municipalities needing sign codes that address time, place, and manner
distinctions only when it comes to sign regulation. Changes proposed in the current draft of the
new sign code aim to remove content and speaker distinctions as much as possible, to “clean
up” the code by removing redundant or irrelevant definitions and regulations, and to address
concerns brought by the PEC at previous meetings.
Staff Recommendation: The Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for Prescribed Regulations Amendment
pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations,
Vail Town Code, in order to reduce content based regulations following the US Supreme Court
ruling in Reed v. Town of Gilbert and accompanying changes.
Foley made a motion to approve Ordinance No. 11, Series of 2021 upon first reading; Stockmar
seconded the motion passed (7-0)
8. Public Hearings
8.1. Ordinance No. 10, Series 2021, Second Reading, an Ordinance Amending Section
7-3D-1 of the Vail Town Code to Increase the Penalties for Parking Violations in the Area Around the Booth Lake Trailhead
Presenter(s): Ryan Kenny, Police Commander
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10,
Series of 2021 upon second reading
Background: At Council’s direction, the East Vail Trailheads Committee met and discussed
options for curbing illegal parking at the Booth Falls Trailhead. After considering several
options, a special enforcement area was selected as the best option. The enforcement area is
Booth Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which shall include
Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and the 2800 – 3700 block of the
North Frontage Road. Parking fines in this area will start at $100 for the first offense, $200 for
the second and $300 for the third.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 10, Series
of 2021 upon second reading
Craig Bettis, Vail Police Commander, reviewed Ordinance No. 10, Series of 2021 with council
stating there had been no changes since the first reading.
There was no public comment.
Council had no comment.
June 15, 2021 - Page 17 of 191
Town Council Meeting Minutes of May 18, 202 1 Page 6
Langmaid made a motion to approve Ordinance No. 10, Series of 2021 upon second reading;
Stockmar seconded the motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 6:45
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
June 15, 2021 - Page 18 of 191
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Resolution No. 24, Series of 2021, A Resolution A pproving a C ontract to Buy
and S ell Residential R eal E state
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments, or deny
Resolution No. 24, S eries of 2021.
B AC K G RO UND: T he Town wishes to purchase the Property pursuant to the terms of the
Contract to B uy and Sell R eal E state
S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments, or deny R esolution No.
24, S eries of 2021.
AT TAC H ME N TS :
Description
Resolution No. 24 S eries 2021
June 15, 2021 - Page 19 of 191
RESOLUTION NO. 24
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 legally
described as Lot 2, Block 16, Gore Creek Subdivision, with a physical address of 5137
Black Gore Drive (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 15th day of June 2021.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
June 15, 2021 - Page 20 of 191
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 Systems 36
(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
TOWN OF VAIL
X
MAY FAMILY TRUST - ETAL MAY, BRICE WESTON
EAGLE
5137 BLACK GORE DRIVE, VAIL, COLORADO 81657
GORE CREEK SUBDIVISION, BLOCK 2, LOT 16
June 18, 2021
Kitchen appliances (microwave, cooktop and stove, refrigerator and dishwasher)
Clothes washer and dryer
June 15, 2021 - Page 21 of 191
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
June 21, 2021
MEC plus 5 days
MEC plus 14 days
MEC plus 5 days
MEC plus 14 daysMEC plus 20 days
NA
NA
NA
MEC plus 5 daysMEC plus 5 days
NA
NA
NA
NA
June 15, 2021 - Page 22 of 191
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
NA
NA
NA
NA
MEC plus 14 days
MEC plus 20 days
MEC plus 20 days
MEC plus 14 days
MEC plus 5 days
MEC plus 14 days
MEC plus 20 days
NA
MEC plus 20 days
at time of closing
at time of closing
NA
NA
NA
July 30, 2021
Monday, June 21, 2021
5:00 PM
2,142,500
21,425
2,121,0752,142,500
--
2,142,500
June 15, 2021 - Page 23 of 191
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
X
wired fundsTitle Company of the Rockies
June 15, 2021 - Page 24 of 191
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
June 15, 2021 - Page 25 of 191
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
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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 insurance305
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’s309
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
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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
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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
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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
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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 Not520
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
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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 with564
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
1
X
X
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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 Most621
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
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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
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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
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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 June 15, 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 June 15, 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 June 16, 2021.
Town of Vail
75 S. Frontage Road W.Vail, CO 81657
970-479-2100
Brice Weston May, May Family Trust ETAL
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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 .
June 15, 2021 - Page 37 of 191
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
June 15, 2021 - Page 38 of 191
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 26, S eries 2021, a R esolution of the Vail Town Council A pproving a
P ersonal Property Donation A greement between the Town of Vail and the Town of Avon.
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with modifications, or deny
Resolution 26, S eries 2021.
B AC K G RO UND: T he Town of Vail is the owner of personal property consisting of 2 passenger
buses currently owned by the Town. The Town now intends to donate the 2 passenger buses to
T he Town of Avon.
S TAF F RE C O M M E ND AT I O N: Approve, approve with modifications, or deny R esolution 26,
S eries 2021.
AT TAC H ME N TS :
Description
Resolution 26, S er ies 2021
Donation Agreement
June 15, 2021 - Page 39 of 191
1
RESOLUTION NO. 26
SERIES 2021
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A PERSONAL
PROPERTY DONATION AGREEMENT BETWEEN THE TOWN OF VAIL AND
THE TOWN OF AVON
WHEREAS, the Town of Vail is the owner of personal property consisting of 2
passenger buses currently owned by the Town as more fully described in Exhibit A,
attached hereto and incorporated herein by this reference (the “Property”); and
WHEREAS, the Town now intends and desires to donate to The Town of Avon,
and the Town of Avon intends and desires to accept, the Property according to the terms
set forth in the agreement, attached hereto as Exhibit A and incorporated herein by this
reference (the “IGA”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same
form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 15th day of June 2021.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
June 15, 2021 - Page 40 of 191
1
Avon/Vail Donation Agreement
PERSONAL PROPERTY DONATION AGREEMENT
This Personal Property Donation Agreement (“Agreement”) is made and entered into as of
this ____ day of June, 2021, by and between the Town of Vail, Colorado, a Colorado municipal
corporation ("Donor"), and the Town of Avon, Colorado, a Colorado municipal corporation
(“Recipient”).
RECITALS
WHEREAS, Donor is the owner of personal property consisting of 2 passenger buses
currently owned by and located in the Town of Vail (“Town”) as fully described in Exhibit A
attached hereto and incorporated herein by reference (“Property”);
WHEREAS, Donor now intends and desires to donate to Recipient, and Recipient intends
and desires to accept, the Property according to the terms set forth in this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are incorporated by reference herein as affirmative
and material representations and acknowledgments of the parties.
2. Donation and Acceptance. Donor agrees to donate, convey, and transfer to
Recipient, and Recipient agrees to receive and accept from Donor, all of the Donor's right, title,
and interest in and to the Property subject to the terms, conditions, and provisions of this
Agreement.
3. Parties and Property.
3.1 Donor’s Intent. Donor intends to donate the Property to Recipient as a
charitable gift.
3.2 Recipient. As provided herein, Recipient will take title to the Property as
sole owner of the Property clear of any liens or encumbrances.
3.3 Property. The Property includes 2 passenger buses, as set forth in Exhibit
A attached hereto.
4. Terms of Donation.
4.1 Permanent Donation. Donor shall permanently donate, as a charitable gift,
and convey the Property, and title thereto will transfer to Recipient as of the
dated first written above.
4.2 Title and Insurance. Upon execution of this Agreement, the Recipient
agrees to pay for all necessary fees and costs associated with the transfer of
titles and licenses for the Property. Recipient further hereby covenants,
June 15, 2021 - Page 41 of 191
2
Avon/Vail Donation Agreement
promises and agrees that all necessary maintenance, upkeep, and insurance
of the Property is the responsibility of the Recipient.
4.3 AS-IS. Donor certifies to the best of the Donor’s knowledge that the
odometer reading listed in Exhibit A reflects the actual mileage of the
Property. The Donor warrant to Recipient that the Donor has good and
marketable title to the Property, full authority to donate and transfer said
Property. The Property is donated free of all liens, encumbrances,
liabilities, and adverse claims, of every nature and description whatsoever.
Donor has no knowledge of any hidden defects in and to the Property, and
believes to the best of Donor’s knowledge that the Property donated is in
operating condition. Said Property is otherwise donated “AS-IS” condition
with no warranty as its intended use and purpose.
5. Miscellaneous.
5.1 Voluntary Agreement. This Agreement is the voluntary and contractual
agreement of Donor and Recipient.
5.2 Waiver of Defects. In executing this Agreement, Donor waives all
objections it may have concerning defects, if any, in the formalities whereby
it is executed or concerning the procedure, substance, and form of the
ordinances or resolutions adopting this Agreement.
5.3 Modifications. This Agreement shall not be amended, except by subsequent
written agreement of the parties.
5.4 TABOR. Any monetary obligations of Recipient herein are subject to all
requirements and limitations of the Colorado Constitution including but not
limited to annual budgeting and appropriation procedures. Further, no
provision of this Agreement shall be construed or interpreted: i) to directly
or indirectly obligate the Town to make any payment in any year in excess
of amounts appropriated for such year; ii) as creating a debt or multiple
fiscal year direct or indirect debt or other financial obligation whatsoever
within the meaning of Article X, Section 6 or Article X, Section 20 of the
Colorado Constitution or any other constitutional or statutory limitation or
provision; or iii) as a donation or grant to or in aid of any person, company,
or corporation within the meaning of Article XI, Section 2 of the Colorado
Constitution.
5.5 Authority. Each person signing this Agreement represents and warrants that
he or she is fully authorized to enter into and execute this Agreement, and
to bind the party it represents to the terms and conditions hereof.
5.6 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which, when taken together,
shall be deemed one and the same instrument.
June 15, 2021 - Page 42 of 191
3
Avon/Vail Donation Agreement
5.7 Invalid Provision. If any provisions of this Agreement shall be determined
to be void by any court of competent jurisdiction, then the remainder of this
Agreement shall be interpreted to give force and effect, as fully as possible,
to the intent of the parties as evidenced by the original terms and conditions
of this Agreement, including the invalidated provision.
5.8 Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party
institute legal suit or action for enforcement of any obligation contained
herein, it is agreed that the venue of such suit or action shall be in Mesa
County, Colorado.
AGREED TO by the parties on the date first set forth above.
DONOR, Town of Vail
By: ______________________________________
Scott Robson, Town Manager
RECEIPIENT, Town of Avon
By: ______________________________________
Eric Heil. Town Manager
June 15, 2021 - Page 43 of 191
4
Avon/Vail Donation Agreement
EXHIBIT A
Property Description
June 15, 2021 - Page 44 of 191
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 : Contract with S E Group, (B ooth Creek F orest Health and F uels Project)
P RE S E NT E R(S ): Paul Cada, W ildland P rogram Manager, K risten B ertuglia, Environmental
S ustainability Director
AC T IO N RE Q UE S T E D O F C O UNC IL : S taf f requests the Vail Town C ouncil review the
P rofessional S ervices A greement and provide direction to the Town Manager on the execution of
the contract.
B AC K G RO UND: T he Town of Vail has contracted with S E Group, F risco, to support the
National Environmental Policy Act (NE PA ) review f or the Booth Creek F orest Health and F uels
P roject E nvironmental Assessment, for P hases 1 and 2. This contract is f or P hase 3, which
includes additional field work, G I S , public scoping, and final study plan.
S TAF F RE C O M M E ND AT I O N: S taff recommends the Vail Town C ouncil direct the Town
Manager to enter into a Prof essional Services Agreement with S E G roup in the amount of
$76,250.
AT TAC H ME N TS :
Description
Memorandum
Scope of Services
June 15, 2021 - Page 45 of 191
To: Vail Town Council
From: Vail Fire and Environmental Sustainability Department
Date: June 15, 2021
Subject: Professional Services Agreement – SE Group, for the Booth Creek Forest Health and
Fuels Project
I. PURPOSE
The purpose of this memorandum is to provide the Scope of Work for Phase 3 of the Booth
Creek Forest Health and Fuels Project with SE Group.
II. BACKGROUND
In order to address wildfire fuels surrounding Vail, in accordance with the adopted Community
Wildfire Protection Plan, the Town of Vail has entered into a Cost-Share Agreement with the US
Forest Service to implement a National Environmental Policy Act (NEPA) review for the Booth
Creek Forest Health and Fuels Project. To complete and facilitate the analysis, the town has
hired Frisco-based SE Group, a 3rd-party USFS-approved NEPA contractor to support the
review process. Phases 1 and 2 are complete. This contract is for Phase 3, which includes
additional field work, GIS, public scoping, and final study plan.
Booth Creek Forest Health and Fuels Project Purpose:
The Town of Vail (TOV) and the United States Forest Service (Forest Service) propose to
perform ecosystem restoration activities within a 3,605-acre area north and south of Interstate-
70 in Vail, Colorado (Red Sandstone area to East Vail). The project area is located on National
Forest System (NFS) lands located on the Eagle-Holy Cross Ranger District of the White River
National Forest (WRNF). Actual treatment acres, location, and treatment type will depend on
Forest Service analysis. Proposed treatments would include a combination of the following:
• Prescribed fire (both broadcast and piling burning)
• Manual pruning and chainsaw treatments
• Potential mechanical treatments on slopes less than 40% (excluding areas within
Wilderness)
Project Objectives:
1. Reduce the potential for high intensity fire behavior within 100 feet of structures. Use hand
treatments to extend and enhance defensible space on private property adjacent to the
project area. These treatments should extend from structures to an area no less than 100
feet wide.
June 15, 2021 - Page 46 of 191
Town of Vail Page 2
2. Return ecosystem to historic fire regime. Reintroduce fire onto the landscape through the
use of prescribed fire.
3. Create compartmentalization across the project area where wildfire can be managed for
multiple resource benefits when appropriate.
4. Enhance infrastructure protection near East Vail repeater sites and water infrastructure.
5. Moderate fire behavior within the WUI to reduce wildfire spotting potential.
6. Reduce potential for post-fire debris flow and water quality impairment.
SE Group and the relevant subcontractors will complete additional fieldwork in spring and
summer 2021 to study the project area. The specific tasks described in Exhibit A are based on
the March 31, 2021 Interdisciplinary Team Meeting (IDT) with the US Forest Service. Surveys,
data collection, and technical reports are included in the Scope of Work for the following
resources:
• Silviculture
• Wildlife and Fisheries
• Botany
• Wetlands
• Hydrology
• Fire and Fuels
This contract will complete all activities as identified in Phase 3 of the environmental analysis
process. It is anticipated that the SE Group will have one additional phase of work to complete
the full NEPA analysis. Staff will continue to update council on project progress as well as
future contract amendments.
III. STAFF RECOMMENDATION
Staff recommends the Vail Town Council direct the Town Manager to enter into a Professional
Services Agreement with SE Group in the amount not to exceed $76,250.
IV. EXHIBITS
A.) SE Group – Phase 3 Scope of Work
June 15, 2021 - Page 47 of 191
May 21, 2021
Ms. Kristen Bertuglia
Environmental Sustainability Director
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Transmitted via email: kbertuglia@vailgov.com
Re: Change Order for Resource Survey Fieldwork for the Booth Creek Fuels Reduction
Project
Ms. Bertuglia:
Sno.engineering, Inc. (d/b/a SE Group) is submitting this change order to the Town of Vail (TOV) for
continued third-party support of the Booth Creek Fuels Reduction project. This change order amends
our original Scope of Work for Silviculture and Fuels Fieldwork and Analysis for the Vail Valley Forest
Health and Fuels Project dated June 26, 2020 and executed August 13, 2020 (June 2020 SOW), as
well as the subsequent Change Order to Support NEPA Public Scoping for the Booth Creek Forest
Health and Fuels Project Environmental Assessment, dated October 27, 2020 and executed January
21, 2021 (October 2020 SOW).
SCOPE OF WORK
Since the Booth Creek Fuels Reduction project was initiated in 2020, the project area has changed in
overall size and spatial configuration from 4,400 to 3,053 total acres and now includes the new ‘Red
Sandstone Unit’ and ‘East Vail Unit’. In addition, SE Group participated in an interdisciplinary team
(IDT) meeting with the White River National Forest (WRNF) Eagle Holy Cross Ranger District
specialists on March 31, 2021. During this meeting, the WRNF identified the preliminary project issue
statements, measurement indicators, and fieldwork requirements. In particular, the WRNF identified
what fieldwork and analysis would be completed by WRNF specialist and what would be completed by
SE Group.
PHASE 1: PROJECT MANAGEMENT
Our Project Management budget reflects that fieldwork and reporting is anticipated to be completed by
September 30, 2021. This SOW includes one hour per week of conference calls with the staff from the
WRNF and/or TOV which would be attended by both a Senior Project Manager and Staff team
member.
June 15, 2021 - Page 48 of 191
PHASE 2: GIS/MAPPING
SE Group will provide spatial data and analysis support to our subconsultants for fieldwork and
reporting.
PHASE 3 : FIELDWORK, DATA COLLECTION, AND REPORTING
SE Group and our subcontractors will complete fieldwork in spring and summer 2021 to study the
project area. The specific tasks described below are based on the March 31, 2021 IDT meeting.
Surveys, data collection, and technical reports are included in this SOW for the following resources:
• Silviculture – Buell Environmental, LLC (Buell)
o Buell conducted fieldwork in fall 2020; however, the project area has been modified and
new areas must be surveyed. All other elements of Buell’s specific tasks are unchanged.
• Wildlife and Fisheries – Western Bionomics, LLC (WBI)
o WBI will prepare a Wildlife BA and BE that includes Federally-listed TEP species,
Region 2 Sensitive species, and Migratory Bird Species, analyzing impacts of the
Proposed Action, compared against current environmental conditions.
o Specific tasks for WBI will include:
Conducting research through field survey (habitat characterization surveys, and
boreal toad surveys in wetlands on private lands at the confluence of Gore Creek
and Black Gore Creek, and greenback cutthroat trout surveys), GIS, aerial
photographic analysis, online resources like USFWS information for planning and
consultation (IPaC);
Identification of Cache Lynx Analysis Unit (LAU) boundaries in relation to the
project area; quantification of habitat impacts; and
Assessment of aquatic habitat found in Pitkin Creek, Spraddle Creek, and Booth
Creek that could be affected. Send BE and BA to FS biologist for review before
wildlife section is included in the EA.
o Forest Service to perform raptor, including northern goshawk, surveys. Forest Service
will also perform Section 7 consultation with the United States Fish and Wildlife Service.
• Botany – Western Bionomics, LLC (WBI)
o WBI will prepare a Botany BA/BE that includes Federally-listed TEP species, Region 2
Sensitive species, and noxious weeds, analyzing impacts of the Proposed Action,
compared against current environmental conditions.
o Specific tasks for WBI will include:
Habitat characterization surveys only; no focused rare plant species surveys will
be conducted. Invasive plant surveys are not included in this SOW at this time. It
is expected that the WRNF will provide existing invasive plant spatial data and
documentation of previously conducted surveys in the area.
June 15, 2021 - Page 49 of 191
• Wetlands – Western Bionomics, LLC (WBI)
o WBI will prepare a Wetlands Technical Report of wetland resources in the project area.
o Specific tasks for WBI include:
Inventory of wetlands and other waters of the U.S. primarily based on desktop
survey using a combination of aerial imagery interpretation, LiDAR interpretation,
National Wetland Inventory data, riparian vegetation data, GIS analysis, and
some field verification conducted by Western Bionomics during wildlife and
botanical habitat characterization surveys. U.S. Army Corps of Engineers
wetland delineations are not included in this SOW.
Prepare a discussion of the vegetation, soils, and hydrology of the wetlands and
other waters of the U.S. onsite; identify any special wetland resources such as
fens or seasonal ponds; include a brief functional assessment; and disclose the
potential direct, indirect, and cumulative impacts of the proposed project on the
wetlands.
• Hydrology – Leonard Rice Engineering, Inc. (LRE)
o This SOW is still under development between LRE and the WRNF, and a cost will be
provided in a separate work order.
• Cultural Resources – Metcalf Archaeological Consultants, Inc. (Metcalf)
o Metcalf will prepare a Class I Cultural Inventory Report, which is entirely desktop-based
(i.e., does not require fieldwork)
o Specific tasks for Metcalf will include:
Summarizing the results of records searches at the Office of Archaeology and
Historic Preservation (OAHP) and the WRNF; literature on the historic and
prehistoric records for the local and regional area; and historic map sources.
Preparing a ‘Work Plan’ within the Class I Cultural Inventory Report. This Work
Plan will outline recommendation methods and timing to conduct Class III
inventory on a pre-implementation basis. This will include definition of areas
where Class III inventory is recommended, as well as areas where Class III
inventory may be modified due to terrain and other surface conditions, and areas
where certain topographic conditions, primarily slope are such that pedestrian
inventory is not needed.
o WRNF to conduct Section 106 consultation with the Tribes and OAHP.
• Fire and Fuels – The Ember Alliance (TEA)
o This SOW is still under development between TEA and the WRNF, and a cost will be
provided in a separate work order.
June 15, 2021 - Page 50 of 191
P HASE 4: SCOPING
The WRNF requested SE Group to assist with several rounds of design changes in the proposed action
treatment prescriptions and treatment polygons. These changes have also resulted in several rounds of
edits to the Study Plan. In addition, SE Group participated in pre-scoping meetings with wilderness
groups and WRNF leadership to further develop the proposed action. We have added to our Scoping
budget to accommodate these tasks.
PHASES 5 THROUGH 7: FUTURE PHASES
We continue to anticipate the WRNF will analyze this project through a traditional EA process. Phase 5
will entail developing the Draft EA and releasing the Draft EA for public comment. During Phase 6, SE
Group will process the public comments received, draft responses to those comments, and prepare the
Finding of No Significant Impact and draft Decision Notice, if appropriate. Phase 7 would include
preparation of the final Decision Notice. A SOW proposing these three phases will be submitted to the
TOV at a later date.
June 15, 2021 - Page 51 of 191
ANTICIPATED FEES
All work performed on this project will be billed on an hourly basis in accordance with our published
hourly rates and in accordance with our Professional Services Agreement. Our current estimate to
complete the tasks described above is $76,250, for a total project budget of $151,850. Should the
WRNF request additional meetings or support beyond the scope described herein, SE Group will
submit a change order to TOV for approval before incurring additional fees. A breakdown of our fee is
provided in the table below.
Fees for the Booth Creek Fuels Reduction NEPA Process
Project Phase
August
2020
SOW
October
2020
SOW
April
2021
SOW
Total Fee
Phase 1: Project Management $7,500 $10,000 $7,500 $25,000
Phase 2: GIS/Mapping $2,500 $6,000 $3,000 $11,500
Phase 3:
Field Surveys
and Technical
Reporting
Silviculture/Fuels $25,750 $1,100 $7,250 $34,100
Wildlife/Botany/Wetlands - $1,100 $47,000 $48,100
Hydrology - $1,100 TBD $1,100
Cultural - $1,100 $5,500 $6,600
Fire/Fuels - - TBD -
Phase 4: Scoping - $19,000 $6,000 $25,000
Phase 5: Draft EA Preparation Future Phase
Phase 6: RTC, Errata, Draft Decision
Document Future Phase
Phase 7: Final Decision Document Future Phase
SE Group and Subconsultant Subtotal $35,750 $39,400 $76,250 $151,400
Direct Expenses $250 $200 - $450
Total $36,000 $39,600 $76,250 $151,850
The proposed Project Budget has been illustrated by tasks to depict the sequential steps and provide context. SE Group
reserves the right to reallocate budget among tasks, as needed, as long as the total budget is not exceeded.
June 15, 2021 - Page 52 of 191
CONCLUSION
If this meets with your approval, we are prepared to sign a new Agreement for Professional Services.
Respectfully Submitted,
Sno.engineering, Inc. (d/b/a SE Group)
Ashley L. Smith
Senior Project Manager
Travis Beck
Director of Environmental Services
June 15, 2021 - Page 53 of 191
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : P resentation on the process to update the C ommercial L inkage F ee, Mitigation
Rate and Methods of Mitigation and adopt R esidential L inkage obligations f or residential
development within the Town of Vail
P RE S E NT E R(S ): George Ruther, Housing Director; Andrew Knudsen, P rincipal, E P S; Rachel
S hindman, S enior A nalyst, E P S
AC T IO N RE Q UE S T E D O F C O UNC IL : No formal action is requested at this time. The Town
Council is being asked to engage in the presentation and discussions and provide policy direction
as necessary.
B AC K G RO UND: T he Vail Town Council instructed the Housing D epartment to take the steps
necessary to propose updated mitigation f ees, mitigation rates, and methods of mitigation for
commercial development in the Town of Vail. T hese fees, rates and methods have not been
updated since adoption more than 10 years ago. T he Town C ouncil further requested the Housing
Department evaluate options f or implementing residential linkage obligations for residential
development to either complement or replace current inclusionary zoning requirements. T his
project has been undertaken with the input of the Vail L ocal Housing A uthority.
S TAF F RE C O M M E ND AT I O N: As this is a presentation and discussion intended f or
inf ormation sharing and education, neither the Housing Department staff nor the Vail L ocal Housing
A uthority will be providing a recommendation at this time.
AT TAC H ME N TS :
Description
Commercial Linkage Fee in Lieu Rate Mitigation Method Update Policy Amendment 06152021
E P S Residential Linkage Presentation - 6-15-21
June 15, 2021 - Page 54 of 191
To: Vail Town Council
From: George Ruther, Housing Director
Date: June 15, 2021
Subject: Presentation on the process to update the Commercial Linkage Fee, Mitigation Rate and
Methods of Mitigation and adopt Residential Linkage obligations for residential
development within the Town of Vail
1. SUMMARY
The purpose of this agenda item is to present updates and amendments to housing policies
regarding commercial linkage and the adoption of residential linkage. The request for these
updates and amendments is at the instruction of the Vail Town Council.
This policy update and amendment discussion supports the Vail Town Council’s goals,
initiatives, and priorities outlined in the Vail Town Council Action Plan 2018 – 2020. Specifically,
accommodating the need for housing within the community as the Town Council has
determined housing is critical infrastructure.
In the end, the Vail Town Council will be asked to provide policy instruction to the Vail Local
Housing Authority and the Town of Vail Planning & Environmental Commission thereby allowing
the Authority and Commission to continue developing policy implementation strategies and
recommendations for further Town Council consideration and adoption.
Of importance, Town staff is recommending the Vail Town Council focus on two key
considerations of these policy updates and amendments:
1) Mitigation Rate - What percentage of new employees generated resulting from new
development shall be provided new housing by the applicant (A) leaving the remaining
percentage to be provided by the community (C)? (A% + C% = 100%)
2) Mitigation Methods – Which mitigation methods best serve the housing policy
objectives of the Town of Vail? Which is more preferred and which is less preferred?
2. BACKGROUND
The Vail Town Council has instructed the Vail Local Housing Authority and Town staff to pursue
updates and amendments to commercial linkage requirements, including the possible adoption
of residential linkage. The objectives of this initiative are to achieve the following:
• Update the payment of fee in lieu amount and method of calculation to accurately reflect
current costs to the Town of Vail (policy)
June 15, 2021 - Page 55 of 191
Town of Vail Page 2
• Prioritize the methods of mitigation to place a greater emphasis on on-site and off-site
units in Town versus payment of fees in lieu (policy/implementation)
• Evaluate mitigation rates (%) to ensure development impacts of new employee
generation are adequately addressed by the private sector (policy)
• Evaluate residential linkage requirements to more equitably distribute the need to
address increased demands in housing need across all types of development.
(policy/implementation)
The Vail Local Housing Authority and the Town’s Housing Department presented background
information on the Town’s adopted housing policies and regulations to the Planning &
Environmental Commission on October 12, and December 14, 2020. Since that time, the
Housing Department, Vail Local Housing Authority and the consulting team have been working
to identify and quantify the updated housing policy opportunities.
3. RECOMMENDATION
The Vail Town Council is the policy making body of the Town of Vail. Upon determination of
policy direction by the Town Council, the Vail Local Housing Authority will prepare a proposal for
implementation to be presented to the Town of Vail Planning & Environmental Commission for
recommendation to the Vail Town Council.
To date, the Vail Local Housing Authority and Planning & Environmental Commission have
recommended the following updates and amendments in policy direction:
• Fees be updated to accurately reflect the Town’s actual costs of accepting the obligation
to provide the housing in lieu of the applicant doing so themselves.
• Given the scarcity of developable land along with the difficulties of developing in Vail, the
Town use the funds collected to purchase existing homes and fund partnerships with the
private sector.
• Due to the rapidly changing nature of the real estate market, an update occurs no less
than once every two years. Said update should be by mandate of the Vail Town Code
and funded by the Vail Town Council.
• Adopting increased mitigation rates (%) for commercial linkage thereby redistributing a
greater obligation on the applicant to provide housing for the new employees generated
because of development.
• Adopting a prioritization of mitigation methods with built-in incentives for implementing
the Town’s more preferred options.
• An amendment to the Town’s Zoning Code to add residential linkage as an additional
housing mitigation tool for residential development and redevelopment projects.
• Efforts and initiatives be undertaken by the Vail Town Council which place greater
emphasis on “catch-up” housing opportunities.
June 15, 2021 - Page 56 of 191
Economic & Planning Systems, Inc.
The Economics of Land Use
730 17th Street, Suite 630 Denver, CO 80202
303.623.3557 www.epsys.com
RESIDENTIAL LINKAGE
PROGRAM AND FEE-IN-
LIEU UPDATES
Town Council Update
June 15, 2021
June 15, 2021 - Page 57 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |1
PROJECT PROCESS
Last time we talked…
Current fee calculation
Options for mitigating housing
requirement
Peer community comparisons
–What requirement is applied to
–Mitigation rate
–Fee in lieu calculations
Residential linkage vs. inclusionary
zoning
What we’ve done since then…
Pursued residential linkage as the
preferred policy for new residential
development
Adapted fee calculations to reflect
current cost of housing (2018-2020
TOV average)
Worked with VLHA throughout this
process
June 15, 2021 - Page 58 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |2
TODAY’S AGENDA
We’ll go over…
Linkage program functions
Draft fee calculation
Draft mitigation strategy
What comes next?
Refine policy components
–Mitigation Rates
–Mitigation Methods
Legal review
Draft new code text
June 15, 2021 - Page 59 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |3
RECAP: WHY RESIDENTIAL LINKAGE?
Ties residential development to local needs for housing, based on
employment generated
Equitable approach to addressing impacts of development -obligation based
on size/scale of new development
More finely calibrated policy than inclusionary zoning
Anticipated to be applied throughout the Town
Creates uniform approach aligning residential and commercial development
(obligation based on employment generated)
June 15, 2021 - Page 60 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |4
RECAP: WHY COMMERCIAL LINKAGE?
Based on legal advice, creating consistency in terms of application of the two
programs
Builds off recently updated commercial employee generation rates and
ensures consistency
Enables Town to provide simple and consistent methods to fulfill either
residential or commercial linkage requirements
June 15, 2021 - Page 61 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |5
FEE CALCULATION COMPONENTS
Existing Program
80% AMI
2 person household
1.5 employees per household
Market housing price (per unit) -
$440,550
–(825 sq. ft. @ $534/sq. ft.)
–Based on County Assessor data
Proposed Program
Variable AMI
2.5 person household
1.85 employees per household
Market housing price (per unit) -
$2,342,960
–Based on 2018-2020 sales
EXISTING AND PROPOSED
5.3X
As the cost of housing continues to rise, the burden of mitigating the
impact of new development gets harder
June 15, 2021 - Page 62 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |6
COMMERCIAL FEE COMPARISON
Retail Restaurant Hotel Office
Development Size 10,000 sq. ft.10,000 sq. ft.100 rooms 10,000 sq. ft.
Employees
Generated 24 102 60 32
Existing Program
Mitigation Rate 20%20%20%20%
Gap (fee) per
Employee $177,733 $177,733 $177,733 $177,733
Total Fee $852,436 $3,627,204 $2,132,796 $1,135,674
New Program
Mitigation Rate 20%20%20%20%
Gap (fee) per
Employee $1,073,811 $1,003,763 $1,003,763 $1,043,346
Total Fee $5,150,174 $20,484,968 $12,045,161 $6,666,746
6.0X 5.6X 5.6X 5.9X
June 15, 2021 - Page 63 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |7
COMMERCIAL PROGRAM EXAMPLE
Retail Restaurant Hotel Office
Development Size 10,000 sq. ft.10,000 sq. ft.100 rooms 10,000 sq. ft.
Employees
Generated 24 102 60 32
Gap (fee) per
Employee $1,074,000 $1,004,000 $1,004,000 $1,043,000
Total Fee (new
development)
3% Mitigation $773,000 $3,073,000 $1,807,000 $1,000,000
5% Mitigation $1,288,000 $5,121,000 $3,011,000 $1,667,000
10% Mitigation $2,575,000 $10,242,000 $6,023,000 $3,333,000
20% Mitigation $5,150,000 $20,485,000 $12,045,000 $6,667,000
Current:$852,436 $3,627,204 $2,132,796 $1,135,674
June 15, 2021 - Page 64 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |8
RESIDENTIAL FEE COMPARISON
Average Residential
Development Size 10 units
(avg. 3,700 sq. ft. per unit)
Employees Generated 16.6
Existing Program
Mitigation Rate 10%
Gap (fee) per Square Foot of
Employee Housing $320.90
Total Fee (per 1 unit)$119,952
New Program
Mitigation Rate 10%
Gap (fee) per Square Foot of
New Construction $378
Total Fee (per 1 unit)$141,139 1.2X June 15, 2021 - Page 65 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |9
RESIDENTIAL PROGRAM EXAMPLE
Average Residential
Development Size 10 units
(avg. 3,700 sq. ft. per unit)
Employees Generated 16.6
Gap (fee) per Square Foot $378
Total Fee
(per 1 unit new development)
10% Mitigation $141,000
20% Mitigation $282,000
30% Mitigation $423,000
40% Mitigation $565,000
50% Mitigation $706,000
Current:$119,952
1.2X
2.4X
3.5X
4.7X
5.9X June 15, 2021 - Page 66 of 191
MITIGATION RATE MITIGATION METHODS
KEY POLICY QUESTIONS
June 15, 2021 - Page 67 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |11
MITIGATION METHODS
VLHA Guidance
•Most preferred –
creating new units
•Next preferred -
acquisition (still
providing units)
•Less preferred –
paying fee (Town
needs to deploy
capital)
•Least preferred –
down valley options
(not in town)
•Less of a burden on
commercial than
residential
June 15, 2021 - Page 68 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |13
COMMERCIAL MITIGATION RATE
Current Commercial
(linkage fee)
20%
Developer
Obligation
Community
Obligation
The cost to mitigate the housing needs of these employees is the same regardless of who is doing the
mitigation
(i.e.the cost of housing and the income of employees does not change)
Key Considerations
•Commercial + Residential should not
exceed 100%
•Differential impacts on development
feasibility between commercial and
residential
•Community Obligation is responsible
for the balance
•Market options are dwindling over
time
June 15, 2021 - Page 69 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |14
RESIDENTIAL MITIGATION RATE
Current Residential
(inclusionary zoning)
10%
Housing need generated by
new development
Key Considerations
•Commercial + Residential should not
exceed 100%
•Differential impacts on development
feasibility between commercial and
residential
•Community Obligation is responsible
for the balance
•Market options are dwindling over
time
June 15, 2021 - Page 70 of 191
Economic & Planning Systems Town of Vail Residential Linkage Program |15
KEY POLICY QUESTIONS
Mitigation Rate
Residential
Commercial
Mitigation Methods
Incentives for those that best align
with Town goals
June 15, 2021 - Page 71 of 191
QUESTIONS?
June 15, 2021 - Page 72 of 191
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Vail Oversize Vehicle P arking Update
P RE S E NT E R(S ): Tom K assmel, Town E ngineer
AC T IO N RE Q UE S T E D O F C O UNC IL : R eview oversize vehicle parking options and provide
direction to staf f .
B AC K G RO UND: T he Town of Vail is currently under construction with the Children's Garden of
L earning facility at the L ionshead oversize vehicle parking lot. This displaces 11 oversize vehicle
parking spaces to West Vail. S taff has reviewed 10 additional alternatives and narrowed those
down to 3 pref erred options.
S TAF F RE C O M M E ND AT I O N: Review options and provide direction to staf f .
AT TAC H ME N TS :
Description
Memo
Presentation
June 15, 2021 - Page 73 of 191
To: Town Council
From: Tom Kassmel, Town Engineer
Date: 6-15-21
Subject: Vail Oversize Parking Update
I. SUMMARY
The Town of Vail currently is under construction with the Children’s Garden of Learning
(CGL) facility at the Lionshead Parking Structure Oversize Lot, aka “Charter Bus Lot”, in
order to make the existing CGL facility location, Middle Creek Lot 3, available for a
proposed deed-restricted housing development.
The relocation of CGL has displaced the existing 11 oversize vehicle parking spaces to
West Vail for the near term future. However for the past several months staff has been
evaluating 10 additional possible locations and narrowed them down to 3 preferred
options based on input received from staff, the Parking & Transportation Task Force,
Planning and Environmental Commission, and CDOT.
The three preferred locations include;
• Solar Vail to Middle Creek Parking ($700k): Parallel parking along the North
Frontage Road between Solar Vail and Middle Creek
• Parking North of Vail Resorts Maintenance ($2M): New parking lot north of
Vail Resorts maintenance yard.
• West Vail Parking Improvements ($750k-$2M): Improvements to the parallel
parking that exists west of the West Vail Fire Station
II. ACTION REQUESTED & RECOMMENDATION
Staff requests that Council review the preferred options and identify which, if any or all, options
Council would like to move forward with. If Council decides to move forward with any option(s),
staff recommends supplementing the 2021 budget with $100k for survey and preliminary
design, so that the improvements can be made in 2022. The final design and construction
funding can be budgeted with the 2022 budget process.
III. ATTACHMENT
Presentation
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : P ermission to P roceed through the D evelopment R eview Process, Outdoor
Dining in Vail Village
P RE S E NT E R(S ): J onathan Spence, P lanning Manager
AC T IO N RE Q UE S T E D O F C O UNC IL : T he Vail Town C ouncil shall approve, approve with
modif ications, or deny a request for a blanket approval to proceed through the development review
process for outdoor dining f or f ood and beverage establishments in Vail Village until A pril 30,
2022.
B AC K G RO UND: T he Town of Vail has a long standing policy that prior to proceeding through
any application (P lanning/P W /Etc.) that involves town-owned property, the applicant shall first
request from the T C, representing the owner, permission to proceed through the related process.
T his is most common with planning applications, including use permits before the P E C and design
applications bef ore the D R B . Outdoor dining in Vail Village is the most commonly requested
permission to proceed.
S TAF F RE C O M M E ND AT I O N: S taff reccomends the Town Council grant a blanket approval to
proceed through the development review process for outdoor dining for food and beverage
establishments on town-owned property in Vail Village until April 30, 2022.
AT TAC H ME N TS :
Description
Staff Memor andum
June 15, 2021 - Page 91 of 191
TO: Vail Town Council
FROM: Community Development Department
DATE: June 14, 2021
SUBJECT: Permission to Proceed through the Development Review Process, Outdoor
Dining in Vail Village
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The Community Development Department is requesting the Vail Town Council consider
a blanket approval to proceed for food and beverage establishments in Vail Village to
initiate or expand their outdoor dining on a permanent basis. Outdoor dining, both on
private and town owned property, is a Conditional Use in Vail Village.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny a request for
a blanket approval to proceed through the development review process for outdoor
dining for food and beverage establishments in Vail Village until April 30, 2022.
III. DESCRIPTION OF REQUEST
The Community Development Department is requesting that the Vail Town Council
consider a blanket approval to proceed through the development review process for
outdoor dining for food and beverage establishments in Vail Village until April 30, 2022.
IV. BACKGROUND
The Town of Vail has a long standing policy that prior to proceeding through any
application (Planning/PW/Etc.) that involves town-owned property, the applicant shall
first request from the TC, representing the owner, permission to proceed through the
related process. This is most common with planning applications, including use permits
before the PEC and design applications before the DRB. Outdoor dining in Vail Village
is the most common requested permission to proceed.
June 15, 2021 - Page 92 of 191
Town of Vail Page 2
Applications that proceed through the development review process after obtaining
permission to proceed are subject to all appeals and call up provisions applicable to all
applications. Any action on applications involving Town of Vail property are reported out
to the Town Council
VI. RECOMMENDED MOTION
Should the Vail Town Council choose to approve a blanket approval to proceed through
the development review process for outdoor dining for food and beverage
establishments on town-owned property in Vail Village until April 30, 2022, the following
motion is recommended:
The Vail Town Council herby authorizes applications to be submitted utilizing town
property for the purpose of outdoor dining within Vail Village until April 30, 2022.
June 15, 2021 - Page 93 of 191
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 inancing options for R esidences at Main Vail Housing Project
P RE S E NT E R(S ): Kathleen Halloran, F inance Director
AC T IO N RE Q UE S T E D O F C O UNC IL : P rovide staff direction on f inancing options and upfront
costs.
B AC K G RO UND: W ith public f inancing at record lows, Town Council will consider financing the
Residences at Main Vail. T he new housing project would become a town owned and operated
development.
S TAF F RE C O M M E ND AT I O N: P rovide direction regarding financing options and upfront costs.
AT TAC H ME N TS :
Description
power point
memo
June 15, 2021 - Page 94 of 191
Town of Vail | Finance | 6/15/2021Residences at Main Vail | TOV Financing•Public sector financing at record‐low interest rates•Town has limited amount of debt•The housing project can cover the debt payments•By owning the project, the town will retain the annual income (approx. $9M over 25 years)June 15, 2021 - Page 95 of 191
Town of Vail | Finance | 6/15/2021Residences at Main Vail | TOV Financing Options $24.4M estimateTermInt. RateOperating IncomeAvg Ann’lDebt ServiceProfit/(loss)Total Int. Cost20 1.43% $1,495,118 $1.4M 81,437 $3.6M25 1.57% $1,495,118 $1.2M 308,248 $5.0M30 1.67% $1,495,118 $1.0M 453,889 $6.6M•Annual operations of Residences at Main Vail can fund the debt service payments once open and operating for a full year•Three financing options listed above•20 year leaves the smallest annual net income•30 year has highest interest cost and more income than may be necessary•25 year meets in the middle, with low enough debt service payments to provide adequate annual income June 15, 2021 - Page 96 of 191
Town of Vail | Finance | 6/15/2021Residences at Main Vail | Operating pro-formaOther income = storage units, parking, pets, laundry, late feesThis example uses Tax exempt 25 yr COPsTR rent $1,535Main Vail avg $2,1622025 72 units 2020 97 unitsBudget per unit Actual per unitRevenueRental Income 1,868,350 25,949 1,666,111 17,176 Other Income 111,864 1,554 13,323 137 Vacancy (50,000) (694) (79,031) (815) Total Revenue 1,930,214 26,809 1,600,403 16,499 ExpendituresOperating, Maintenance & Contracts417,096 5,793 501,689 5,172 Capital Outlay 18,000 250 389,498 4,015 Total Expenditures 435,096 6,043 891,187 9,187 Operating Income1,495,118 20,766 709,216 7,312 Non-operating Revenues (Expenses)Loan Principal Repayment (885,000) (12,292) (378,294) (3,900) Interest Payment (301,870) (4,193) (110,971) (1,144) Total Non-operating Revenues (Expenses)(1,186,870) (16,484) (484,601) (4,996) Revenue Over (Under) Expenditures 308,248 4,281 224,615 2,316 Capital for TR included remodel of 18 units; older buildingJune 15, 2021 - Page 97 of 191
Town of Vail | Finance | 6/15/2021Residences at Main Vail | Other FundingCategory AmountOpportunity Fee $3.5 millionFirst annual debt service payment $1.2 millionTotal up‐front costs: $4.7 millionPrior to completion of the Residences at Main Vail, the town will need to appropriate a total of $4.7 million •$3.5M opportunity fee to Triumph Development cannot be funded by tax‐exempt financing•$1.2M first debt service payment will come due during construction of the projectJune 15, 2021 - Page 98 of 191
Town of Vail | Finance | 6/15/2021Residences at Main Vail | OperationsResidences at Main Vail would be structured similarly to Timber Ridge Apartments:•Set up as an “Enterprise Fund”•Internal operating committee•Town Council approves annual budgetJune 15, 2021 - Page 99 of 191
Town of Vail | Finance | 6/15/2021Residences at Main Vail | DirectionCouncil Direction Requested:•Move forward with issuing Certificates of Participation?•Which term? (20/25/30 year debt)•Funding for initial outlay of $4.7 million•Promissory note?June 15, 2021 - Page 100 of 191
Town of Vail | Finance | 6/15/2021Residences at Main Vail | TimelineJuly 7 •Appropriate expenditures and reflect debt proceeds in budget (2ndreading of supplemental)•Ordinance approving debt (first reading)•90 days to closingOctober•Closing date for financingJune 15, 2021 - Page 101 of 191
TO: Vail Town Council
FROM: Finance Department
DATE: June 15, 2021
SUBJECT: Financing Residences at Main Vail
I. SUMMARY
The purpose of the memo is to provide information regarding options for the town to provide
funding for the construction of 72 units at the Residences at Main Vail (“RMV”).
II. DISCUSSION
Original discussions with Triumph Development included a deal structure with the town
maintaining ownership of the land and Triumph funding the construction, owning the
improvements and operating the rental housing project. During negotiations with Triumph,
concerns about the cost of financing led the town’s internal project committee to consider town-
initiated financing.
Public sector financing is currently at record low interest rates, which the Town Council recently
experienced in financing the Public Works Shops project earlier this year ($15.1 million at 1.76%
for 15-year term). Prior to that, other than re-financing activities and Vail Reinvestment
Authority debt, the town had not financed any capital projects since 1991.
As Town Council considers the town owning and operating the Residences at Main Vail, staff
has gathered information regarding public financing in the form of Tax-Exempt Certificates of
Participation (COPs). The following terms are estimates provided by Piper Sandler:
Term Interest Rate Average Annual
Debt Service
RMV
Profit/(Loss)
Total Interest
Cost
20 year term 1.43% $1.4M 81,437 $3.6M
25 year term 1.57% $1.2M 308,248 $5.0M
30 year term 1.67% $1.0M 453,889 $6.6M
Staff has included three different financing options for your consideration. The 20-year term has
a lower interest rate and lower overall interest cost. Based on most recent pro-forma estimates
for the annual operations of Residences at Main Vail, annual debt service is covered with
approximately $81K net income remaining. The 25-year term financing has a slightly higher
interest rate and will cost $1.4M in additional interest cost over the life of the debt. However, the
lower annual debt service allows for annual income estimated at $308K. The 30-year term
June 15, 2021 - Page 102 of 191
Town of Vail Page 2
financing has the highest interest rate and will cost $3.0 million in additional interest cost (as
compared to the 20-year COP) over the life of the debt. Again, the lower annual debt service
payments allow for greater profits each year. Staff recommends the 25-year tax-exempt
COP, which provides flexibility in annual income streams while not paying additional
financing costs on excess levels of profit.
Funding Opportunity Cost:
Due to IRS requirements on tax exempt financing, the proposed opportunity fee paid to Triumph
Development will need to be funded outside of the financing proceeds. The agreed-upon fee
will be included in the second reading of the budget supplemental on July 7th as funded by the
Housing Fund. The Housing Fund currently has $6.6 million available funds in the InDEED
deed restriction purchase program, a carryover balance from annual allocations of $2.5 million
from the Capital Projects Fund. Council could also decide to fund the opportunity cost from the
General Fund or Capital Projects Fund.
During Construction Phase:
With a construction start date planned for September, the town will need to appropriate
expenditures to cover the initial phase of construction prior to the debt proceeds being available
(tentatively set for late October). The debt proceeds would essentially repay the town for this
initial outlay of funds. Staff does not have an estimate of those initial construction costs at this
time.
First Debt Service Payment:
While annual debt service will be covered by rental income of the property once the project is
completed, the town will need to appropriate expenditures to fund the first debt service payment
due December, 2022 during the construction phase, estimated at $1.2 million. This would also
be funded initially by the Housing Fund but could be repaid by future revenues generated by the
Residences at Main Vail. The repayment would be facilitated by a promissory note between the
town and RMV, structured in a similar manner as the promissory note between Timber Ridge
Apartments and the town. In that circumstance, the town loaned $1.9M to Timber Ridge, at an
interest rate of 1.5%. Timber Ridge only had to pay interest each year, and principal payments
based on the availability of reserves. Timber Ridge repaid the full $1.9M earlier this year. A
1.5% interest rate on the RMV note of $1.2 million equates to $18,000 annual payments back to
the Housing Fund.
Residences at Main Vail (RMV): Operations:
The operation of this rental housing project would be accounted for in a similar manner as
Timber Ridge Apartments, an enterprise fund for the town. The town would create an internal
operating committee for monthly meetings with the management company and prepare budget
proposals for Town Council’s consideration.
June 15, 2021 - Page 103 of 191
Town of Vail Page 3
Using projected rental income and operating expenses, RMV is expected to generate enough
income to cover the debt service options outlined above and remain in a positive financial
position.
II. ACTION REQUESTED OF COUNCIL
Staff is requesting direction from Town Council on the following:
Does Council wish to move forward with Certificates of Participation (COP) for the
financing of the Residences at Main Vail?
Which “COP” term does Council select for financing? (20, 25 or 30 year term)?
Should staff return with a draft promissory note between RMV and the town to repay the
first debt service payment?
NEXT STEPS
Staff will direct bond counsel to draft documents and an ordinance approving the debt at
the July 6th meeting.
Staff will include estimated financing and project costs in the second reading of the
budget supplemental on July 6th. The budget will reflect the new “Residences at Main
Vail Enterprise Fund”, which will be structured similar to Timber Ridge. The Housing
Fund will reflect a transfer of funds to the new RMV Fund to cover the initial construction
costs and first debt service payment.
If directed, staff will provide a draft promissory note to Council on between the town and
Residences at Main Vail.
June 15, 2021 - Page 104 of 191
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 25, S eries 2021, a R esolution Supporting Healthy Rives and
Watersheds through the P rotection of Water R esources in the E agle River Watershed and
S urrounding A reas, Maximizing the Aesthetic, E conomic, Recreational, E nvironmental, Human and
W ildlife Benef its.
P RE S E NT E R(S ): Peter Wadden, Watershed E ducation Coordinator
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with modifications, or deny
Resolution 25, S eries 2021.
B AC K G RO UND: I n light of ongoing drought conditions in C olorado, local town managers
convened to draft the attached resolution in support of healthy rivers and waterways. Adoption of
the resolution would be another step in the Vail Town Council's ongoing support of aquatic
environments and ef f orts to protect water quality and water quantity in E agle C ounty.
S TAF F RE C O M M E ND AT I O N: Approve, approve with modifications, or deny R esolution 25,
S eries 2021.
AT TAC H ME N TS :
Description
Resolution 25 Supporting H ealthy Rivers and W atersheds
June 15, 2021 - Page 105 of 191
RESOLUTION NO. 25
Series of 2021
A RESOLUTION SUPPORTING HEALTHY RIVERS AND WATERSHEDS THROUGH THE
PROTECTION OF WATER RESOURCES IN THE EAGLE RIVER WATERSHED AND
SURROUNDING AREAS, MAXIMIZING THE AESTHETIC, ECONOMIC, RECREATIONAL,
ENVIRONMENTAL, HUMAN AND WILDLIFE BENEFITS
WHEREAS, a collective effort to reduce water use helps to keep more water flowing in our
streams; and
WHEREAS, the drinking water provided throughout Eagle County originates from local rivers
and streams; and
WHEREAS, the waters of the Eagle River, which reside entirely within Eagle County, are under
increasing pressure from urbanization, climate change and transmountain diversions at the
same time that the flow of the river is decreasing due to long term drought; and
WHEREAS, local river recreation, such as, but not limited to, fishing, tubing, kayaking, rafting,
paddle boarding and swimming, is dependent upon healthy rivers and streams; and
WHEREAS, residents and visitors associate healthy rivers and streams with Eagle County’s
identity and value the aesthetics and beauty of such rivers and streams; and
WHEREAS, the communities of Eagle County rely on healthy rivers and watersheds for
economic health; and
WHEREAS, downstream users, such as, but not limited to, urban and rural communities,
industrial and agricultural production, wildlife and habitat are largely dependent upon the good
practices of upstream water users, including those in Eagle County; and
WHEREAS, outdoor water use has the greatest potential for loss, due to evaporation and other
causes; and
WHEREAS, regardless of whether users receive water from the town or through private water
rights, overuse and misuse of water anywhere in the valley ultimately impacts the Eagle River;
and
WHEREAS, all local wildlife depends on the water in local rivers and streams for sustaining their
habitat; and
WHEREAS, local mountain resorts make snow utilizing water from local rivers and streams.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
June 15, 2021 - Page 106 of 191
We encourage all water users, whether residential, commercial, golf courses, school grounds,
municipal or public spaces and parks, to use the least amount of water possible at any given
time, but in particular during drought; and
BE IT FURTHER RESOLVED, our community should scrutinize its outdoor water use, such as
for lawn watering; and
BE IT FURTHER RESOLVED, our community is encouraged to learn more about irrigation,
xeriscaping and more through local, regional, and state resources, such as Eagle River
Watershed Council (erwc.org), Eagle County Extension (eaglecounty.us/csuextension),
Colorado River Water Conservation District (coloradoriverdistrict.org), Colorado Water
Conservation Board (cwcb.colorado.gov), Water Education Colorado
(watereducationcolorado.org) and our own town’s website (www.vailgov.com).
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 15th day of June 2021.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
June 15, 2021 - Page 107 of 191
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. 27, A R esolution A pproving a Memorandum of Understanding
(MO U) Between the Town of Vail and the L ocal Government Members of the Climate Action
Collaborative for the E agle C ounty Community.
P RE S E NT E R(S ): Scott R obson, Town Manager
AC T IO N RE Q UE S T E D O F C O UNC IL : S taf f requests the Vail Town C ouncil review and
approve, approve with modifications, or deny Resolution No. 27, S eries of 2021.
B AC K G RO UND: I n 2017 the Town of Vail signed a L etter of I ntent to join T he C limate A ction
Collaborative (C A C) of the Eagle County Community and financially contributes to the efforts of
this group each year. I n order to ef fectively drive forward the adopted greenhouse gas emissions
goals of the C limate A ction Plan, the local governments of the C A C are establishing a governing
board via a Memorandum of Understanding (MO U) (E xhibit A).
S TAF F RE C O M M E ND AT I O N: S taff recommends the Vail Town C ouncil approve Resolution
No. 27, Series of 2021.
AT TAC H ME N TS :
Description
C AC G overnance S tructure Memorandum
Resolution No. 27, Series of 2021
Exhibit A - C AC Governance Structure MO U
June 15, 2021 - Page 108 of 191
TO: Vail Town Council
FROM: Scott Robson, Town Manager
DATE: June 15, 2021
SUBJECT: Resolution No. 27, Series of 2021 – A Resolution Approving a Memorandum of
Understanding Between the Town of Vail and the Local Government Members of
the Climate Action Collaborative of the Eagle County Community
I. SUMMARY
In 2017 the Town of Vail signed a Letter of Intent to join The Climate Action Collaborative of the
Eagle County Community which stated in part the collaborative group will work to outline the
organizational components of the CAC and would create a Memorandum of Understanding
(MOU) establishing the CAC and outlining the organizational components of the CAC.
II. DISCUSSION
Through discussions with Eagle County Commissioners and Town Managers, it has become clear
that the local government members who financially contribute to the CAC now desire to establish
and adopt this Memorandum of Understanding to better define the organizational structure and
hold ourselves as government agencies more accountable for the implementation of the adopted
goals of the CAC.
In summary, the local government entities who are signatories to this MOU will establish a
governing board of the CAC which shall be referred to as the “CAC Governing Board” comprised
of all local government entities situated within Eagle County who sign this MOU. All municipalities
within Eagle County, with the exception of Gypsum, have shown interest in pursuing this MOU
and have been a part of drafting the content.
Through this MOU, the members qualified to be on the Governing board must be a local
government entity within boundaries of Eagle County, have formally adopted the Climate Action
Plan, and financially contribute to the CAC. Each qualified member of the CAC Governing Board
shall have one voting seat and must appoint an elected representative along with an alternate
representative who shall be either an elected official of the governing or a staff person.
The duties of the CAC Governing Board shall include preparing and adopting an annual budget
and funding mechanism, to prepare and adopt annual goals, review and approve contracts for
services and adopt bylaws and other policies as appropriate to achieve the goals of the Climate
Action Plan. It’s important to note that this MOU shall not create any legal obligation for any
member local government entity and shall not create any multi-year financial obligation that
exceeds the annual financial contribution to the CAC that is approved by each qualified member.
II. ACTION REQUESTED OF COUNCIL
Staff is requesting adoption of the attached Memorandum of Understanding – Climate Action
Collaborative Governance Structure (Exhibit A), by Resolution No. 27, Series of 2021.
June 15, 2021 - Page 109 of 191
RESOLUTION NO. 27
SERIES OF 2021
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
TOWN OF VAIL AND
THE LOCAL GOVERNMENT MEMBERS OF THE
CLIMATE ACTION COLLABORATIVE FOR THE EAGLE COUNTY COMMUNITY
WHEREAS, several local government entities in Eagle County, Colorado, established and joined
the Climate Action Collaborative (“CAC”) to reduce greenhouse gas (“GHG”) emissions in
accordance with the goals of the Climate Action Plan for the Eagle County Community
(“CAP”) as adopted and as may be amended from time to time; and,
WHEREAS, a 2017 Letter of Intent to Join The Climate Action Collaborative of the Eagle County
Community (“Letter of Intent”) states that the collaborative group will work to outline the
organizational components of the CAC and will create a Memorandum of Understanding
establishing the CAC and outlining the organizational components of the CAC; and,
WHEREAS, local government members of the CAC find that global GHG emissions continue to
catalyze global climate change and global temperature increase and that such global
temperature increase is projected to result in severe negative effects on habitability,
production and resiliency of the global community; and,
WHEREAS, the local government members of the CAC recognize the need and benefit to
understand and implement best practices to reduce GHG emissions and draw down
carbon levels in the atmosphere at the local and regional level, and therefore desire to
define an organizational structure which will facilitate regional decision making and
alignment of CAC policies; and,
WHEREAS, the local government members who financially contribute to the CAC desire to
establish and adopt a Memorandum of Understanding (“MOU”) (Exhibit A) to define the
organizational structure;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO THAT:
The Town of Vail joins as a signatory, the local government entities situated within Eagle County
who are signatories to the MOU, in accordance with the structure described in Exhibit A, hereby
establishing a governing board which shall be referred to as the “CAC Governing Board”.
INTRODUCED, READ, AND ADOPTED, this 15TH day of June, 2021
________________________
Dave Chapin, Mayor, Town of Vail
ATTEST:
_________________________
Tammy Nagel, Town Clerk
June 15, 2021 - Page 110 of 191
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOCAL GOVERNMENT MEMBERS OF THE
CLIMATE ACTION COLLABORATIVE FOR THE EAGLE COUNTY COMMUNITY
WHEREAS, several local government entities in Eagle County, Colorado, established and joined
the Climate Action Collaborative (“CAC”) to reduce greenhouse gas (“GHG”) emissions in
accordance with the goals of the Climate Action Plan for the Eagle County Community (“CAP”)
as adopted and as may be amended from time to time; and,
WHEREAS, a 2017 Letter of Intent to Join The Climate Action Collaborative of the Eagle County
Community (“Letter of Intent”) states that the collaborative group will work to outline the
organizational components of the CAC and will create a Memorandum of Understanding
establishing the CAC and outlining the organizational components of the CAC; and,
WHEREAS, local government members of the CAC find that global GHG emissions continue to
catalyze global climate change and global temperature increase and that such global temperature
increase is projected to result in severe negative effects on habitability, production and resiliency
of the global community; and,
WHEREAS, the local government members of the CAC recognize the need and benefit to
understand and implement best practices to reduce GHG emissions and draw down carbon levels
in the atmosphere at the local and regional level, and therefore desire to define an organizational
structure which will facilitate regional decision making and alignment of CAC policies; and,
WHEREAS, the local government members who financially contribute to the CAC desire to
establish and adopt this Memorandum of Understanding (“MOU”) to define the organizational
structure;
NOW, THEREFORE, the local government entities who are signatories to this MOU establish
the following organizational structure for the CAC:
1. CLIMATE ACTION COLLABORATIVE GOVERNING BOARD: A governing board of
the CAC is established which shall be referred to as the “CAC Governing Board”.
2. MEMBERSHIP: The CAC Governing Board shall comprise the eligible local government
entities situated within Eagle County who sign this MOU.
3. QUALIFICATION OF MEMBERS: To be an eligible local government entity, members of
the CAC Governing Body shall meet the following minimum qualifications:
1. municipal and county government entities legally formed in accordance with the laws of
Colorado;
2. with boundaries that are wholly or partially within Eagle County;
3. with a governing body that is subject to election by qualified voters as defined in
Colorado law;
June 15, 2021 - Page 111 of 191
4. who have formally adopted the CAP; and
5. who financially contribute to the CAC in accordance with requirements for financial
contributions as established by the CAC Governing Board, as may be amended from time
to time.
4. ADDITIONAL MEMBERSHIP: Additional members shall be included on the CAC
Governing Body upon receipt of a written request to join the CAC Governing Body by a local
government entity who meets the qualifications of membership.
5. REMOVAL OF MEMBERSHIP: The CAC Governing Board may remove any CAC
Governing Board member who ceases to meet the minimum qualifications after providing
notice to such CAC Governing Board member and stating the reasons that such CAC
Governing Board member ceases to meet the minimum qualifications. Those members ceasing
to meet the minimum qualification will be provided fifteen (15) days to bring themselves into
compliance with minimum qualifications prior to removal from membership.
6. REPRESENTATION: Each qualified member of the CAC Governing Board shall have one
voting seat on the CAC Governing Board. Each qualified member of the CAC Governing
Board shall appoint a representative who shall be an elected representative of the governing
body of the qualified member, and an alternate representative who shall be either an elected
official of the governing body of the qualified member or a staff person of such qualified
member. The designation of representatives by each qualified member shall be in writing in a
manner determined by each respective qualified member and shall be updated from time to
time.
7. QUORUM: Quorum shall consist of a majority plus one of the total membership of the CAC
Governing Board. In the absence of a quorum, a lesser number may adjourn any meeting to a
later time and date.
8. OFFICERS: The CAC Governing Board shall appoint a Chairperson and Co-Chairperson
who shall serve as the meeting moderator for meetings of the CAC Governing Board. The
duties of the Chairperson, Co-Chairperson and any other Officer positions that may be
established shall be further defined in future bylaws to be adopted by the CAC.
9. MEETINGS: The CAC Governing Board shall meet at such time, place, and frequency as is
determined appropriate by the CAC Governing Board. The method of calling a meeting and
the types of meetings allowed (i.e. in person, electronically, etc.) will be further defined in
future bylaws to be adopted by the CAC.
10. DUTIES: The CAC Governing Board shall have the following duties:
1. Prepare and adopt an annual budget and funding mechanisms;
2. Prepare and adopt annual goals;
3. Review and approve contracts for services; and
June 15, 2021 - Page 112 of 191
4. Adopt bylaws and other policies as appropriate to achieve the goals of the CAP.
11. VOTING: All decisions of the CAC Governing Board shall be approved by a 3/4ths
affirmative vote of the quorum present or as otherwise set forth in the future bylaws to be
adopted by the CAC.
12. NO LEGAL OR FINANCIAL OBLIGATIONS: This MOU shall not create any legal
obligation for any member local government entity and shall not create any multi-year financial
obligation that exceeds the annual financial contribution to the CAC that is approved by each
qualified member.
THIS MEMORANDUM OF UNDERSTANDING IS HEREBY APPROVED AND
EXECUTED BY THE FOLLOWING LOCAL GOVERNMENT ENTITIES:
[ENTITY]
BY:___________________________________________ DATE:________________
[Name, Title]
ATTEST:______________________________________
[Name, Title]
June 15, 2021 - Page 113 of 191
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : O rdinance No. 13, S eries 2021, F irst R eading, A n O rdinance Making
A djustments to the Town of Vail General F und, C apital Projects F und, Housing F und, R eal E state
Transf er Tax F und, Marketing F und, Heavy E quipment F und, and Dispatch S ervices Fund
P RE S E NT E R(S ): C arlie S mith, F inancial S ervices Manager
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove or approve with amendments Ordinance No.
13, S eries 2021.
B AC K G RO UND: Please see attached memo.
S TAF F RE C O M M E ND AT I O N: Approve or approve with amendments Ordinance No. 13,
S eries 2021
AT TAC H ME N TS :
Description
2nd Budget Supp ppt
2021 2nd Budget S upplemental
June 15, 2021 - Page 114 of 191
2021 2nd SUPPLEMENTAL BUDGET FINANCE | June 15, 2021June 15, 2021 - Page 115 of 191
2RECCESSION PLAN UPDATE| RevenueTown of Vail | Finance | 6/15/20212021 Budget2021YTD Pace with 20192021 Proposed Amended Budget% up/(down) from 2019Sales Tax $22.5M $13.1M (6%) $27.0M (6%)Lift Tax $3.5M $3.9M (4%) $5.1M (5%)Parking Sales $3.6M $3.7M +3% $5.0M FlatConstruction Use Tax$2.25M $2.3M +260% $3.0M 21%• Conservative Sales Tax, Lift Tax, Parking Sales projections based on YTD collections plus flat with 2020 for the remainder of the year• Across all funds projected revenues are 73.7M, down 4% from 2019June 15, 2021 - Page 116 of 191
3RECESSION PLAN UPDATE | Recession PlanTown of Vail | Finance | 6/15/2021Level Revenue ImpactMinor1‐5%Moderate5‐10%Significant10‐15%Major15‐20%Crisis20‐40%CriticalOver 40%*Each phase of the recession plan also results in varying levels of expenditure reductions.• Original Budget at “Crisis” level Recession Plan•Based on updated revenue forecasts staff is proposing to move into the “Minor” phase of the Recession PlanJune 15, 2021 - Page 117 of 191
2021 SUPPLEMENTAL BUDGET | Budget RequestsTown of Vail | Finance | 06/15/2021June 15, 2021 - Page 118 of 191
52021 BUDGET SUPPLEMENTAL | General FundTown of Vail | Finance | 6/15/2021Revenue $2.1M Expenditures $321.3KRevenue•$4.5M increase in sales tax•Adjustment of sales tax split between GF and CPF back to 62/38•$1.6M increase in lift tax•$1.4M increase in parking sales revenueExpenditures•$200K Vail 2030•$53.3K GF portion of annual Synexis Maintenance ($71,950 total)•$15K Guest Experience Program•$20K ADA AuditFund Balance•Adding $1.8M to Fund Balance ($585K is restricted for American Rescue Plan)•$40.3M Projected Fund Balance at the end of 2021 (92% of annual revenues)June 15, 2021 - Page 119 of 191
62021 BUDGET SUPPLEMENTAL | Capital Projects FundTown of Vail | Finance | 6/15/2021Revenue: $6.7M Expenditures: ($914.3K)Revenue• $5.8M increase in sales tax ($4.5M increase plus $1.3M adjustment of GF/CPF split)• $750K increase in construction use taxExpenditures• Savings of $1.5M from Frontage Rd Roundabout project• Children’s Garden of Learning temporary facility ($460K)• Transit System Software System($60K)Fund Balance• $31.2M at the end of 2021June 15, 2021 - Page 120 of 191
72021 2ndBUDGET SUPPLEMENTAL | RETT FundTown of Vail | Finance | 6/15/2021Revenue: $93.7K Expenditures: $18.2KRevenue• $75K increase in Recreational Amenity Fees• $11.2 VRD reimbursement for Synexis in VRD facilities• $7.5K state grant funding Expenditures• $11.2 Annual recreation facility Synexis maintenance• $7.5K use of grant for fire chipping programFund Balance• $13.4M at the end of 2021June 15, 2021 - Page 121 of 191
82021 2ndBUDGET SUPPLEMENTAL | Other FundsTown of Vail | Finance | 6/15/2021Housing Fund:• Purchase and resale of Chamonix Vail and Vail Heights Units ($787.4K)Marketing Fund:• Transfer of $40K from GF for SummervailHeavy Equipment Fund:• $6.8K Annual Synexis bus maintenanceDispatch Services Fund:• $700 Annual Synexis maintenanceJune 15, 2021 - Page 122 of 191
2021 2ndSUPPLEMENTAL BUDGET | RecapTown of Vail | Finance | 6/15/2021Is Council comfortable moving to the “Minor” phase of the recession plan?Does Council have questions or concerns about any of the revenue adjustments or supplemental requests?June 15, 2021 - Page 123 of 191
TO: Vail Town Council
FROM: Finance Department
DATE: June 15, 2021
SUBJECT: 2021 Budget Supplemental Appropriation
I. SUMMARY
In Tuesday evening’s session, you will be asked to approve the first reading of Ordinance No.
13, Series 2021, the second supplemental appropriation of the 2021 budget.
II. DISCUSSION
Recession Plan Update
The Town of Vail 2021 budget was created around the town’s “Crisis” level recession plan which
was first implemented in May of 2020 due to the pandemic. At this level, 2021 sales tax revenue
was projected down 23% from the 2020 original budget while also reducing departments
operating budgets by 10%. With public health orders easing up both nationally and
internationally combined with pent-up travel demands, January through May revenue collections
have been stronger than expected. Staff has updated revenue projections based on year to date
collections and has conservatively projected the remainder of the year. Updated 2021 sales tax
collections are forecasted at $27.0M, down 6% from 2019 but up 2% from 2018.
Projections are based on year to date collections of $13.1M with the remainder of the year
(June- December) forecasted flat with 2020. Across all funds revenues are projected to be
$73.7M at the end of 2021 (excluding the $15.1M of debt financing for the Public Works Shops
project and the $8.8M reimbursement from the Vail Reinvestment Authority for capital projects
within the district). Projected revenues of $73.7M are down 4% or $2.7M compared to 2019
and down 2% or $1.5M compared to 2018.
Level Revenue Impact
Minor 1‐5%
Moderate 5‐10%
Significant 10‐15%
Major 15‐20%
Crisis 20‐40%
Critical Over 40%
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Based on these updated revenue forecasts, staff is proposing to reduce the current “Crisis” level
recession plan and move into the “Minor” phase. Out of six levels, the “Minor” phase is the very
first level and is designed to offset revenue losses of 1-5%. With a recession plan still in place,
staff is proposing to maintain the 10% operating reductions with the exception of expenditures
identified by departments as necessary or high priority.
Across all funds, this supplemental request will adjust the budget to reflect $9,721,423 of
additional revenue and proposes an increase of $220,006 to expenditures. The fund
statements are also attached for your review.
General Fund
Budgeted revenue will be adjusted by an increase of $2,092,331. This adjustment includes an
increase in overall sales tax collections of $4,500,000 while also adjusting the General
Fund/Capital Projects Fund sales tax split back to pre-recession split percentages (68/32).
While this is an overall increase in sales tax revenue, adjusting the split will result in a decrease
of $1,260,000 in General Fund sales tax revenue. Sales Tax revenues are forecasted to be
$27.0M.
Lift tax revenue has been adjusted by $1,600,000 to reflect projections for the remainder of the
year. Lift tax revenues are forecasted to be $5.1M for 2021. This is an increase of 25% over
2020 actuals and a decrease of 5% compared to 2019. 2021 lift tax collections are currently
pacing 4% down from 2019 but up 5% from 2018. Annual revenues collections for 2019 and
2018 totaled $5.4M and $5.1M. The updated forecast is based on year to date collections with
the remainder of the year projected to be flat with 2020.
Parking revenue has been adjusted to reflect updated projections for the remainder of the year.
Total parking revenues are forecasted at $5.0M. This is based on year to date collections of
$3.7M with the remainder of the year projected to be flat with 2020. 2021 parking sales are
pacing ahead of 2019 by 3% and ahead of 2018 by 15%. Annual parking revenues for 2019
2018 totaled $4.9M and $4.7M, respectively. This will increase the town’s budget by
$1,337,345 in 2021.
Other revenue adjustments include an additional $144,000 of Country Sales Tax collections,
$125,000 of tobacco tax, $80,000 in Public Way Permits, $24,000 of contractor’s registration
fees, and a $20,000 true-up of the Vail Local Marketing District administrative fee.
Revenue adjustments to be offset by corresponding expenditures include:
$2,653 of state funding to be used towards marijuana crime prosecution.
$7,500 grant from the International Association of Fire Chiefs to be used to extend
seasonal staffing for the wildland program to support the town’s chipping program.
$11,833 use of Friends of the Library donations for the Library’s Annual Community
Read initiative, yoga classes, oral history transcriptions, and an ad in CO Yoga+Life
Magazine.
Staff is requesting to increase budgeted expenditures by $321,300 of which $21,986 relates to
expenditures corresponding to the reimbursements mentioned above. The remaining $299,314
includes:
$200,000 to go towards the Vail 2030 Plan. This plan was originally included in the 2020
budget but was put on hold due to budget reductions. The town is proposing to issue an
June 15, 2021 - Page 125 of 191
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RFP this fall for community engagement process and developing a planning document
surrounding both the overall Vail vision and a Destination Management plan. This is
anticipated to extend into 2022.
$53,300 annual maintenance cost for the Synexis system that was installed in late 2020.
The total annual maintenance cost for this system is $71,950 and will be allocated
across the General Fund, Heavy Equipment Fund, Real Estate Transfer Tax Fund, and
Dispatch Services Fund based on Synexis device locations.
$20,000 to conduct an ADA audit of town property and facilities. Outcomes of this audit
will be included in the 2022 budget.
$15,000 for the Guest Experience Program specifically allocated to employee social
events ($2,500), the leadership forum ($5,200), and the Recognition Program ($5,800).
$7,000 increase for fire department professional development budget.
$3,500 for protective clothing for the fire department.
$514 for staffing for the Booth Creek burn originally budgeted in the Real Estate Transfer
Tax (RETT) Fund. See corresponding decrease of expenditures in the RETT Fund.
This supplemental also includes a transfer of $40,000 from the General Fund to the Vail
Marketing Fund for the Summervail event contribution. Funding for this event was approved in
March.
These adjustments to the General Fund 2021 budget result in a net increase of $1,766,986
however $585,000 of that is restricted for expenditures approved by the American
Rescue Plan that have not yet been identified or budgeted. The fund balance is projected to
be $40.7 million by the end of 2021, or 92% of annual revenues.
Capital Projects Fund
Budgeted revenue reflects an increase of $6,474,992. The majority of this ($5,760,000) is
related to sales tax collections of which $4,500,000 is directly related to an increase in sales tax
projections combined with $1,260,000 resulting in an adjustment of the sales tax split from
80/20 back to 68/32. The remaining $987,992 in revenue adjustments is an increase of
$750,000 in use tax collections based on updated revenue forecasts combined with a $237,992
increase in the Vail Reinvestment Authority reimbursement. The reimbursement includes a
reduction of $500K to reflect savings in the Frontage Road Roundabout project offset by an
increase of $460K for the Children’s’ Garden of Learning temporary facility plus an additional
$277,992 for expenditures re-appropriated during the first supplemental for this project.
Staff is requesting to supplement 2021 expenditures by a total of $596,670. This includes:
$460,000 in additional expenditures for the Children’s’ Garden of Learning approved by
Council on May 4th. The total 2021 budget for this project is $2.7M.
$60,000 in additional expenditures for a new transit software approved by Council on
May 4th. The total budget for this project is $760,000.
$60,000 for 2021 software licensing expenditures as a result of some unanticipated
software expenditures.
$5,670 to update the Community Development’s permitting software to allow for the new
registration requirements passed by Ordinance No. 12, Series of 2020 requiring
contractors to qualify for specific types of permits based on certifications they hold.
The Capital Projects Fund also reflects expenditure savings of $1,500,000 for the Frontage Rd
roundabout project.
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The proposed budget adjustments will result in an estimated fund balance of $31.2 million by
the end of 2021.
Housing Fund
This supplemental reflects the purchase and resale of two separate deed restricted housing
units. The first includes the purchase of the Chamonix Vail unit for $520,703. Staff is still
working to identify and receive bids to cover the cost of damages to the unit. These costs will be
reflected in a later supplemental. The costs for this unit will be offset by $524,900 in revenue for
the sale of this unit.
Also included in this supplemental is the purchase and resale of the Vail Heights Unit. This unit
was purchased by the town at a cost of $410,162 and will be sold for $262,500. The remaining
$147,662 (the town’s subsidy) will be funded with buy down funds.
Depending on the outcome of Town Council’s discussion surrounding the financing of the
Residences at Main Vail housing project, staff will return at second reading with a new
“enterprise fund” and financial impacts.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenue will be adjusted by an increase of $93,700. The majority of this ($75,000)
reflects additional recreational amenity fees based on year to date collections. The remaining
includes a $7,500 grant from the International Association of Fire Chiefs (IAFC) to be used
toward an over-hire for the fire department’s chipping program and a $11,200 reimbursement
from the Vail Recreation District for Synexis devices located in their facilities.
The Fire department is requesting to transfer $1,789 from the Environmental Departments’
Booth Creek project to the wildland department to be used for a fire hose replacement and $514
to the General Fund for fire department staffing for the Booth Creek burn.
The proposed budget adjustments will result in an estimated fund balance of $13.4 million by
the end of 2021.
Marketing Fund
Staff also proposes to increase budgeted revenue by a $40,000 transfer from the General Fund
to be offset by a $40,000 event contribution for Summervail.
Heavy Equipment Fund
Staff is requesting $6,750 for annual Synexis system maintenance costs.
Dispatch Services Fund
Staff is requesting $700 for annual Synexis system maintenance costs.
III. ACTION REQUESTED FROM COUNCIL
Approve or approve with amendments Ordinance No. 13, Series 2021 upon first reading.
June 15, 2021 - Page 127 of 191
Proposed
2021 1st 2021 2nd 2021
Budget Supplemental Amended Supplemental Amended
Revenue
Local Taxes:22,500,000$ 22,500,000$ 4,500,000$ 27,000,000$ Updated sales tax projection based on
YTD plus flat with 2020
Sales Tax Split b/t Gen'l Fund & Capital Fund 80/20 80/20 62/38
Sales Tax 18,000,000 18,000,000 (1,260,000) 16,740,000 Adjustment of GF/CPF sales tax split
Property and Ownership 5,975,000 5,975,000 5,975,000
Ski Lift Tax 3,500,000 3,500,000 1,600,000 5,100,000 Based on YTD collections
Franchise Fees, Penalties, and Other Taxes 1,609,903 1,609,903 125,000 1,734,903 Updated Tobacco Tax projection
Licenses & Permits 2,099,513 2,099,513 2,099,513
Intergovernmental Revenue 2,074,872 2,500 2,077,372 146,653 2,224,025
$144K increase in county sales tax;
$2.7K state PD prosecution grant
CRRSAA Transit Grant - 1,789,613 1,789,613 1,789,613
CARES Transit Grant 250,000 200,000 450,000 450,000
American Rescue Plan Grant - 585,000 585,000 585,000
Transportation Centers 5,040,655 5,040,655 1,337,345 6,378,000 Based on YTD collections
Charges for Services
988,095 988,095 124,000 1,112,095
Updated revenue projections for Public
Way permits ($80K), Contractor's
Registrations ($24K), VLMD Mgmt. Fee
($20K) true-up
Fines & Forfeitures 225,642 225,642 225,642
Earnings on Investments 200,000 200,000 200,000
Rental Revenue 1,020,531 1,020,531 1,020,531
Miscellaneous and Project Reimbursements 166,000 166,000 19,333 185,333 $11.8K Use of Friends of the Library
donations, $7.5K chipping grant
Total Revenue 41,150,211 2,577,113 43,727,324 2,092,331 45,819,655
Expenditures
Salaries 20,736,671 523,712 21,260,383 514 21,260,897 Staffing for booth creek burn
Benefits 7,522,674 36,195 7,558,869 7,558,869
Subtotal Compensation and Benefits 28,259,345 559,907 28,819,252 514 28,819,766
Contributions and Welcome Centers 334,880 33,000 367,880 367,880
All Other Operating Expenses 7,581,260 37,500 7,618,760 80,786 7,699,546
$20K ADA audit, $53.3K Synexis Maint,
$11.8 Library Community Read Initiative
using FOL grant funds; $15K Guest
Experience Program; $40K Transfer to
MF for Summervail; $2.7 DOLA
prosecution grant
Heavy Equipment Operating Charges 2,642,320 2,642,320 2,642,320
Heavy Equipment Replacement Charges 831,728 831,728 831,728
Dispatch Services 616,306 616,306 616,306
Total Expenditures 40,265,839 630,407 40,896,246 81,300 40,977,546
Transfer to Marketing & Special Events Fund (1,475,184) (91,790) (1,566,974) (40,000) (1,606,974) Transfer to MF for Summervail
Total Transfers (1,475,184) (91,790) (1,566,974) (40,000) (1,606,974)
Surplus (Deficit) from Operations (590,812) 1,854,916 1,264,104 1,971,031 3,235,135
Planning Projects
Vail 2030 Plan - - (200,000) (200,000)
Civic Area/Dobson Master Plan (100,000) (100,000) (100,000)
West Vail Master Plan (225,000) (172,149) (397,149) (397,149)
COVID-19
Gift Card Program - (30,000) (30,000) (30,000)
COVID Economic Development Expenses - (66,000) (66,000) (66,000)
Digital Marketing Campaign "Work from Vail" - (45,000) (45,000) (45,000)
Vail Community Relief Fund (130,000) (130,000) (130,000)
Commercial Rent Relief Program (500,000) (500,000) (500,000)
Total Expenditures 42,696,023 1,035,346 43,731,369 321,300 44,052,669
Surplus (Deficit) Net of Transfers & New Programs (1,545,812) 1,541,767 (4,045) 1,771,031 1,766,986
Beginning Fund Balance 35,305,444 38,547,757 38,547,757
Ending Fund Balance 33,759,632$ 38,543,712$ 40,314,743$
As % of Annual Revenues 77% 88% 92%
EHOP balance included in ending fund balance - not spendable 1,190,000$ 33,500$ 1,223,500$ 1,223,500$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
5
June 15, 2021 - Page 128 of 191
Includes New RequestProposed1st 2021 2nd 20212021 Supplemental Amended Supplemental AmendedRevenueTotal Sales Tax Revenue: 22,500,000$ 22,500,000$ 4,500,000$ 27,000,000$ 2021: Increase sales tax revenue based on YTD collections plus flat with 2020 Sales Tax Split between General Fund & Capital Fund80/20 80/20 62/38Sales Tax - Capital Projects Fund 4,500,000$ 4,500,000$ 5,760,000$ 10,260,000$ 2021: Adjust sales tax split back to 62/38Use Tax 2,250,000 2,250,000 750,000 3,000,000 2021: Increase use tax based on YTD collectionsFranchise Fee 193,800 193,800 193,800 1% Holy Cross Franchise Fee approved in 2019Other State Revenue - 1,975,207 1,975,207 1,975,207 $1.09M FASTER for electric bus chargers, $525 CDOT bus grant; $350K CDOT 50% match grant for bus transportation mgmt. systemLease Revenue 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement 1,500,000 411,000 1,911,000 1,911,000 $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 ProjectTimber Ridge Loan repayment 2,363,087 2,363,087 2,363,087 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028Earnings on Investments and Other 38,978 38,978 38,978 2021: 0.7% returns assumed on available fund balanceTotal Revenue 11,009,932 2,386,207 13,396,139 6,510,000 19,906,139 ExpendituresFacilitiesFacilities Capital Maintenance 523,500 523,500 523,500 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 Maintenance 255,000 375,234 630,234 630,234 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)Welcome Center/Grandview Capital Maintenance 100,000 100,000 100,000 2021: $100K Furniture replacement in Vail Village Welcome CenterDonovan Pavilion - 1,476,096 1,476,096 1,476,096 2021: Re-appropriate $1.5M for Donovan Pavilion Remodel ad UpgradesSnowmelt Boilers 500,000 500,000 1,000,000 1,000,000 2021-2023: Replacement of TRC 8 boilers (2 per year)Public Works Shops Expansion 17,200,000 1,569,259 18,769,259 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. Lease financing in 2021 included below.Public Works Building Maintenance - 300,000 300,000 300,000 2021: Re-appropriate $300K to replace two HVAC units at Public WorksTotal Facilities18,578,500 4,220,589 22,799,089 - 22,799,089 ParkingParking Structures 795,000 160,754 955,754 955,754 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsParking Entry System / Equipment 850,000 375,148 1,225,148 1,225,148 2021: $1.225K for a new parking systemRed Sandstone Parking Structure (VRA) - 30,000 30,000 30,000 2021: Re-appropriate $30K for landscaping at the Red Sandstone Parking StructureLionshead Parking Structure Landscape Renovations (VRA) - 30,291 30,291 30,291 2021: Re-appropriate to complete landscaping at the Lionshead parking structure ($30.3K);Total Parking1,645,000 596,193 2,241,193 - 2,241,193 TOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 6 June 15, 2021 - Page 129 of 191
Includes New RequestProposed1st 2021 2nd 20212021 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTransportationBus Shelters 30,000 229,721 259,721 259,721 Bus shelter annual maintenance; 2021 includes $259.7K re-appropriation for a new Lionshead transit center Westbound Bus shelterReplace Buses - 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 60,000 760,000 2021: $60K added per contract cost; $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 300,000 30,000 330,000 330,000 2021: $30K to perform traffic counts pending the West Vail Master Plan; $300K to update Vail transportation master plan pending the outcome of the West Vail Master Plan ($300K)Hybrid Bus Battery Replacement 165,000 165,000 165,000 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 - 1,267,279 1,267,279 1,267,279 2021:$1.3M to continue 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 Transportation495,000 5,682,822 6,177,822 60,000 6,237,822 Road and BridgesCapital Street Maintenance 1,225,000 1,225,000 1,225,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culvertsStreet Light Improvements 75,000 144,369 219,369 219,369 Town-wide street light replacement; Slifer Plaza/ Fountain/Storm Sewer - 73,417 73,417 73,417 2021: Re-appropriate $73.4K for water quality vaultVail Health / TOV Frontage Road improvements 9,000,000 - 9,000,000 (1,500,000) 7,500,000 2021: Reflect $1.5M of savings; VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.0M funded by VRA in 2021, Traffic impact fee ($1.5M), Timing of this project is pending the Civic Center Master PlanSeibert Fountain Improvements - 60,000 60,000 60,000 2021: $60K for Fountain software system Seibert FountainNeighborhood Road Reconstruction 1,500,000 1,500,000 1,500,000 2021: East Vail road Major Drainage Improvements construction ($1.5M)Vail Village Streetscape/Snowmelt Replacement 1,250,000 1,250,000 1,250,000 Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village Total Road and Bridge13,050,000 277,786 13,327,786 (1,500,000) 11,827,786 ContributionsChildren's Garden of Learning-Capital 20,000 (20,000) - - $20K Annual contribution for capital maintenance and improvements included belowTotal Contributions20,000 (20,000) - - - TechnologyTown-wide camera system 22,000 8,022 30,022 30,022 $22K Annual maintenanceAudio-Visual capital maintenance 18,000 76,978 94,978 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 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 580,000 580,000 65,670 645,670 2021: $60K for unanticipated software costs; Annual software licensing and support for town wide systemsHardware Purchases 50,000 100,000 150,000 150,000 2021: Re-appropriate $100K for workstation replacements and time clock replacements; $50K for workstation replacements (20-25 per year)Website and e-commerce 86,500 15,966 102,466 102,466 2021: Re-appropriate $16K to continue Vailgov website framework upgrades; transfer $20K to RETT to integrate LoveVail website to new frameworkFiber Optics / Cabling Systems in Buildings 500,000 97,215 597,215 597,215 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 ; Repair, maintain & upgrade cabling/network Infrastructure $50K; Also includes placeholder for additional fiber infrastructure growthNetwork upgrades 100,000 41,708 141,708 141,708 Computer network systems - replacement cycle every 3-5 years; 7 June 15, 2021 - Page 130 of 191
Includes New RequestProposed1st 2021 2nd 20212021 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDData Center (Computer Rooms) 30,000 203,952 233,952 233,952 2021: $125K for data center equipment annual maint; Re-appropriate $73.4K to continue Data Center remodelBroadband (THOR) 94,800 94,800 94,800 $94.8K annual broadband expenses, potential future revenuesBusiness Systems Replacement 30,000 55,000 85,000 85,000 2021: Re-appropriate $55K for HR Performance Mgmt. SystemTotal Technology1,561,300 598,841 2,160,141 65,670 2,225,811 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 50,000 12,883 62,883 62,883 2021:$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; $12.8K for PD Brazos systemPublic Safety Equipment 170,808 170,808 170,808 2021: Replacement of body worn camera program and storage software mgmt. system, tasers, and holsters; $100K annual maintenance going forwardFire Safety Equipment 25,000 25,000 25,000 2021: Wildland personnel protection equipment ($25K) deferred from 2020Fire Truck Replacement 880,000 880,000 880,000 2021: Replacement of Engine I purchased in 2011Total Public Safety1,125,808 12,883 1,138,691 - 1,138,691 Community and Guest Service Children's Garden of Learning Temporary Facility Relocation 2,000,000 277,992 2,277,992 460,000 2,737,992 2021: $460K per contract; 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 Electric car charges and infrastructure at various town locations and Holy Cross transformer ($223.8K)Pedestrian Safety Enhancements - 25,000 25,000 25,000 $25K for planning and design for lighting replacement project budgeted in 2022 ($1.4M)Underground Utility improvements - 15,459 15,459 15,459 2021: Re-appropriate $15.5K for various underground utility projectsGuest Services Enhancements/Wayfinding - 25,482 25,482 25,482 2021: Re-appropriate $25.5K to continue street sign upgradesRockfall Mitigation near Timber Ridge - 40,679 40,679 40,679 2021; Re-appropriate $40.7M for annual rock wall maintenanceVehicle Expansion - 40,000 40,000 40,000 2021: $40K for new PD detective take-home vehicleCouncil Contribution: Children's Garden of Learning-Capital 20,000 (8,000) 12,000 12,000 2021: CGL Annual Contribution ($20K total with $12K for capital improvements and $8K for employee childcare subsidy) remaining for capital maint. ImprovementsTotal Community and Guest Service2,020,000 640,459 2,660,459 460,000 3,120,459 Total Expenditures 38,495,608 12,009,573 50,505,181 (914,330) 49,590,851 Other Financing Sources (Uses)Debt Financing for Public Works shop 15,000,000 190,000 15,190,000 15,190,000 $15.2M of debt proceeds for PW ShopsDebt Issuance Cost - (190,000) (190,000) (190,000) $190K for debt issuance costsDebt Service Payment (1,200,000) 44,095 (1,155,905) (1,155,905) Annual debt service payment (Principal and Interest)Transfer from Vail Reinvestment Authority 8,550,000 290,012 8,840,012 237,992 9,078,004 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; $6.0M funded by VRA; Lionshead Parking Structure $50K; CGL Temp Facility $2.73MTransfer to Housing Fund (2,500,000) (690,000) (3,190,000) (3,190,000) 2021 includes $690K for Residence at Mail Vail planning; Transfer to Housing Fund; 2.5M per yearRevenue Over (Under) Expenditures (7,635,676) (9,979,259) (17,614,935) 7,662,322 (9,952,613) Beginning Fund Balance 23,759,231 41,177,524 41,177,524Ending Fund Balance 16,123,556 23,562,589 31,224,911 8 June 15, 2021 - Page 131 of 191
Proposed
2021 1st 2021 2nd 2021
Budget Supplemental Amended Supplemental Amended
Revenue
Transfer in from Capital Projects Fund 2,500,000 690,000 3,190,000 3,190,000
Workforce Housing Sales - 280,000 280,000 787,400 1,067,400 Sale of Chamonix Vail Unit ($524.9K);
Sales of Vail Heights Unit (262.5K)
Total Revenue 2,500,000 970,000 3,470,000 787,400 4,257,400
Expenditures
InDEED Program 2,500,000 4,633,186 7,133,186 7,133,186
Town of Vail Rental Inventory - 34,612 34,612 34,612
Chamonix unit - - 520,703 520,703 Purchase of Chamonix Vail Unit ($520.7K)
Buy Down Housing - 911,675 911,675 266,697 1,178,372
Purchase of Vail Heights Unit ($410,162-
using buy down funds for subsidy)
Middle Creek- Lot 3 - 690,000 690,000 690,000
Total Expenditures 2,500,000 6,269,473 8,769,473 787,400 9,556,873
Operating Income - (5,299,473) (5,299,473) - (5,299,473)
Beginning Fund Balance - 5,299,473 5,299,473
Ending Fund Balance -$ -$ -$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
9
June 15, 2021 - Page 132 of 191
Includes New RequestProposed1st 2021 2nd 20212021 Supplemental Amended Supplemental AmendedRevenueReal Estate Transfer Tax 7,000,000$ 7,000,000$ 7,000,000$ 2021 flat with 2021; 2023-2035: 2% annual increaseGolf Course Lease 170,000 170,000 170,000 Annual lease payment from Vail Recreation District; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue 20,000 300,000 320,000 320,000 2021: $300K Reimbursement from ERWSD for Dowd Junction retaining wall project; $20K lottery proceedsProject Reimbursements - - 11,200 11,200 2021: VRD Reimbursement for annual Synexis Maint.Donations - 35,782 35,782 35,782 2021: Re-appropriate $35.8K unused donation from East West for Ford Park art spaceRecreation Amenity Fees 10,000 10,000 75,000 85,000 $75K of additional recreation amenity fees based on YTD collectionsEarnings on Investments and Other 48,208 7,867 56,075 7,500 63,575 2021: $7.5K IAFC grant to be used towards fire chipping program; $7.9K use of bag fee for recycling banner swag; $32K Clean Up Day ; 2021-2035: 0.7% interest rate assumedTotal Revenue 7,248,208 343,649 7,591,857 93,700 7,685,557 ExpendituresManagement Fee to General Fund (5%) 350,000 350,000 350,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management 231,592 103,826 335,418 9,289 344,707 2021: $7.5K use of grant for chipping program over hire; $1.8K transfer from Booth Creek project for hose replacement used on Booth Creek burn; Salary Adjustments; Correct forest health personnel budget to more accurately reflect personnel costs previously budgeted in the GF; Operating budget for Wildland Fire crew; Total Wildland231,592 103,826 335,418 9,289 344,707 ParksAnnual Park and Landscape Maintenance 1,677,755 376,348 2,054,103 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). Park / Playground Capital Maintenance 125,000 46,401 171,401 171,401 2021: 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; Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to Stephen's park to complete projectRec. Path Capital Maint 85,000 74,717 159,717 159,717 2021: Re-appropriate $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path systemTree Maintenance 75,000 10,888 85,888 85,888 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement 85,000 - 85,000 85,000 2021: Annual street furniture replacementCovered Bridge Pocket Park Rehabilitation - 111,073 111,073 111,073 2021: $111.1K complete Pocket Park rehabilitationStephens Park Safety Improvements - 63,176 63,176 63,176 2021: Re-appropriate $33.1K for Stephens Park safety improvements; transfer $30 from park capital maint Vail Transit Center Landscape - 32,817 32,817 32,817 2021: $32.8K for completion of landscaping at Vail transit centerSunbird Park Fountain Repairs - 15,000 15,000 15,000 2021: $15K Installation of Clear Comfort advanced oxidation commercial pool sanitation system to water safe for kidsTurf Reduction - 10,000 10,000 10,000 2021: $10K Continue turf reduction project at Ellefson parkFord Park Enhancement: Priority 3 Landscape area - 75,000 75,000 75,000 2021: Re-appropriate for $75K for landscaping around playground ad basketball courtFord Park Playground Improvements 200,000 200,000 200,000 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 75,000 2021: Replacing cedar shake roofs at Ford Park, Ellefson Park, and Buffeher Creek Park to address fire safetyKindel Park/Mill Creek 175,000 175,000 175,000 2021: Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirate ship parkBig Horn Park Improvements 55,000 55,000 55,000 2021: Safety Improvements to Bighorn park including stairway/handrails and resurfacing near picnic tables and grills ($55K)Total Parks2,552,755 815,420 3,368,175 - 3,368,175 Rec Paths and TrailsVail Valley Drive Path Extension: Ford Park to Ptarmigan - 42,659 42,659 42,659 2021: $42.7K to plan and design future improvements of Vail Valley Drive pathVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building- 42,659 42,659 42,659 2021: $42.7K to plan and design future improvements of Vail Valley Drive pathTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 10 June 15, 2021 - Page 133 of 191
Includes New RequestProposed1st 2021 2nd 20212021 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Advisory Bike Lanes on Vail Valley Drive 75,000 75,000 75,000 2021: Add an advisory bike lane on Vail Valley DriveGore Valley Trail Bridge Replacement 40,000 40,000 40,000 2020-2021: Design and planning for Gore Valley Trail Bridge replacementGore Valley Trail Realignment - 124,428 124,428 124,428 2021: Re-appropriate $14.4K to continue planning and design of Gore Trail realignment in LHEast Vail Interchange Improvements - 253,818 253,818 253,818 2021: $253.8K to continue East Vail interchange landscaping projectDowd Junction repairs and improvements 98,563 700,592 799,155 799,155 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 50,000 2021: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence projectTotal Rec Paths and Trails263,563 1,164,156 1,427,719 - 1,427,719 Recreational FacilitiesNature Center Operations 90,000 90,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesNature Center Capital Maintenance 5,165 50,000 55,165 55,165 2021: Re-appropriate $50K placeholder for nature center maint and repairs; This includes 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 2021: $383.5K for further planning and design for a nature center remodelGolf Clubhouse & Nordic Center - 24,809 24,809 24,809 2021: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities95,165 458,331 553,496 - 553,496 EnvironmentalEnvironmental Sustainability 550,920 70,335 621,255 621,255 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.Recycling and Waste Reduction Programs 122,500 90,876 213,376 213,376 2021: $7.9K use of bag fees for recycled banner swag, $13K annual recycling challenge; reappropriation of the following: 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)Ecosystem Health 233,500 49,130 282,630 (2,303) 280,327 2021: Transfer $2.3K to fire for booth creek burn expenditures; 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)Energy & Transportation 72,500 18,000 90,500 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 50,000 20,000 70,000 70,000 2021: Re-appropriate $20K for streamtract education; $50K annual streamtract education programming such as "Lunch with Locals", landscape workshops, City Nature Challenge and storm drain artWater Quality Infrastructure 1,750,000 55,116 1,805,116 1,805,116 2021: 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 200,000 50,000 250,000 250,000 2021: Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($250K)Gore Creek Interpretive Signage - 150,825 150,825 150,825 2021: Re-appropriate $150.8K for Gore Creek Interpretive signage projectPW Solar Project 1,100,000 1,100,000 1,100,000 2021: Installation of solar panels at Public Works Shops deferred from 2020Open Space Land Acquisition 500,000 500,000 500,000 2021: $500K for open lands acquisition includes additional $250K deferred from 2020Total Environmental4,579,420 504,282 5,083,702 (2,303) 5,081,399 ArtPublic Art - Operating 101,653 1,964 103,617 103,617 Art in Public Places programming and operationsPublic Art - General program / art 598,022 37,930 635,952 635,952 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 30,000 23,124 53,124 53,124 2021- $53.1K for annual Winterfest programming11 June 15, 2021 - Page 134 of 191
Includes New RequestProposed1st 2021 2nd 20212021 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Seibert Memorial Statue - 17,150 17,150 17,150 2021: $17.2K for Pete Seibert Memorial statue maintenanceArt Space - 35,782 35,782 35,782 2021: Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art729,675 115,950 845,625 - 845,625 CommunityCouncil Contribution: Betty Ford Alpine Garden Support 63,985 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 36,000 36,000 36,000 Annual support of the Eagle River Watershed Council programs Council Contribution: Adopt A Trail 4,590 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 5,000 Eagle Valley Land Trust Council ContributionBetty Ford Alpine Garden - Capital Contribution 20,000 20,000 20,000 Contribution request to repair ADA pathways ($6K) and upgrade irrigation system ($19K)Total Contributions129,575 - 129,575 - 129,575 VRD-Managed Facility ProjectsRecreation Enhancement Account 170,000 541,665 711,665 711,665 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)Recreation Facility Maintenance 25,000 25,000 11,200 36,200 2021: Annual $25K for general RETT facility maintenance; $11.2K Synexis MaintGolf Clubhouse 20,260 20,260 20,260 2021: Wood Trim repairs ($20.2K)Golf Course - Other 135,482 590,318 725,800 725,800 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)Dobson Ice Arena 486,861 108,986 595,847 595,847 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 - 141,043 141,043 141,043 2021: $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)Athletic Fields 109,716 6,000 115,716 115,716 2021: Re-appropriate $6K for parking lot; Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K) Gymnastics Center - 240,043 240,043 240,043 2021: Re-appropriate $240K for new cooling system; Restroom remodel ($42.6K)Total VRD-Managed Facility Projects947,319 1,628,055 2,575,374 11,200 2,586,574 Total Expenditures 9,879,064 4,790,020 14,669,084 18,186 14,687,270 Other Financing Sources (Uses)Transfer from Capital Project Fund - - Revenue Over (Under) Expenditures (2,630,855) (4,446,371) (7,077,226) 75,514 (7,001,712) Beginning Fund Balance 13,629,406 20,353,073 20,353,073Ending Fund Balance10,998,550$ 13,275,847$ 13,351,361$ 12 June 15, 2021 - Page 135 of 191
Proposed
2021 1st 2021 2nd 2021
Budget Supplemental Amended Supplemental Amended
Revenue
Business Licenses 335,000$ 335,000$ 335,000$
Transfer in from General Fund 1,475,184 91,790 1,566,974 40,000 1,606,974
Earnings on Investments 2,000 2,000 2,000
Total Revenue 1,812,184 91,790 1,903,974 40,000 1,943,974
Expenditures
Commission on Special Events (CSE) 625,554 79,790 705,344 705,344
Education & Enrichment 154,530 12,000 166,530 166,530
Signature Events:
Bravo! 210,355 210,355 210,355
Vail Jazz Festival 75,000 75,000 75,000
Vail Valley Foundation - Mountain Games 98,000 98,000 98,000
Vail Valley Foundation - GRFA 52,500 52,500 52,500
Vail Valley Foundation - Dance Festival 38,245 38,245 38,245
Fireworks 36,000 36,000 36,000
Town Produced Events:
Magic of Lights 50,000 50,000 50,000
Revely Vail 145,000 145,000 145,000
Vail Holidays Funding 25,000 25,000 25,000
Ambient Event Funding:
Music in the Villages 300,000 300,000 300,000
Culteral Heritage:
Summervail - - 40,000 40,000
Collection Fee - General Fund 16,750 16,750 16,750
Total Expenditures 1,826,934 91,790 1,918,724 40,000 1,958,724
Revenue Over (Under) Expenditures (14,750) - (14,750) - (14,750)
Beginning Fund Balance 387,124 387,124 387,124
Ending Fund Balance 372,374$ 372,374$ 372,374$
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
VAIL MARKETING & SPECIAL EVENTS FUND
13
June 15, 2021 - Page 136 of 191
Proposed
2021 1st 2021 2nd 2021
Budget Supplemental Amended Supplemental Amended
Revenue
Town of Vail Interagency Charge 3,650,378$ 3,650,378$ 3,650,378$
Insurance Reimbursements & Other 10,000 10,000 10,000
Earnings on Investments 7,900 7,900 7,900
Equipment Sales and Trade-ins 241,730 241,730 241,730
Total Revenue 3,910,008 - 3,910,008 - 3,910,008
Expenditures
Salaries & Benefits 1,117,586 24,155 1,141,741 1,141,741
Operating, Maintenance & Contracts 1,543,674 1,543,674 6,750 1,550,424 Synexis annual maint.
Capital Outlay 1,253,000 130,388 1,383,388 1,383,388
Total Expenditures 3,914,260 154,543 4,068,803 6,750 4,075,553
Revenue Over (Under) Expenditures (4,252) (154,543) (158,795) (6,750) (165,545)
Beginning Fund Balance 1,786,492 2,284,412 2,284,412
Ending Fund Balance 1,782,240$ 2,125,617$ 2,118,867$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
14
June 15, 2021 - Page 137 of 191
Proposed
2021 1st 2021 2nd 2021
Budget Supplemental Amended Supplemental Amended
Revenue
E911 Board Revenue 874,606$ 874,606$ 874,606$
Interagency Charges 1,224,336 1,224,336 1,224,336
Other County Revenues 259,304 259,304 259,304
Town of Vail Interagency Charge 616,306 616,306 616,306
Earnings on Investments and Other 5,000 5,000 5,000
Total Revenue 2,979,552 - 2,979,552 - 2,979,552
Expenditures
Salaries & Benefits 2,291,795 50,164 2,341,959 2,341,959
Operating, Maintenance & Contracts 535,091 535,091 700 535,791 Synexis annual maint.
Capital Outlay 260,913 292,323 553,236 553,236
Total Expenditures 3,087,799 342,487 3,430,286 700 3,430,986
Revenue Over (Under) Expenditures (108,247) (342,487) (450,734) (700) (451,434)
Transfer In from General Fund
Beginning Fund Balance 1,396,061 1,863,233 1,863,233
Ending Fund Balance 1,287,814$ 1,412,499$ 1,411,799$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
15
June 15, 2021 - Page 138 of 191
Ordinance No. 13, Series of 2021
ORDINANCE NO. 13
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 2020 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 Town 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, Colorado, 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 $ 321,300
Capital Projects Fund (914,330)
Real Estate Transfer Tax Fund 18,186
Housing Fund 787,400
Marketing Fund 40,000
Heavy Equipment Fund 6,750
Dispatch Services Fund 700
Less Interfund Transfers (40,000)
Total $ 220,006
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
June 15, 2021 - Page 139 of 191
Ordinance No. 13, 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 phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 15th day of June 2021, and a public hearing shall be held on this Ordinance
on the 6th day of July, 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
June 15, 2021 - Page 140 of 191
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : O rdinance No. 12, S eries of 2021, an Ordinance A mending the A pproved
Development P lan for Phase I I I of Special D evelopment District No. 6, Vail Village I nn, to Allow
f or the Conversion of an Existing Commercial Unit at 68 Meadow D rive into Residential S pace.
P RE S E NT E R(S ): Erik Gates, Planner
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with modifications, or deny
Ordinance No. 12, Series of 2021, upon f irst reading.
B AC K G RO UND: A n amendment to S D D #6, Vail Village I nn, proposes to convert an existing
commercial unit into residential space. A ccording to the applicant, the space has been dif ficult to
lease due to low visibility f rom E ast Meadow Drive. T he residential space will be added on to the
existing units above, so no new units are being created.
S TAF F RE C O M M E ND AT I O N: The P lanning and E nvironmental Commission recommends the
Town Council approve Ordinance No. 12, S eries of 2021, upon first reading.
AT TAC H ME N TS :
Description
Council Memorandum Ordinance No 12, Series of 2021
[Attachment A] O rdinance N o. 12, Series of 2021
[Attachment B] Vicinity Map
[Attachment C] Applicant Narrative
[Attachment D] P roject Plan Set
[Attachment E ] P E C 21-0021 Staff Memorandum
[Attachment F] P E C Minutes, May 24, 2021
June 15, 2021 - Page 141 of 191
TO: Vail Town Council
FROM: Community Development Department
DATE: June 15, 2021
SUBJECT: First Reading of Ordinance No. 12, Series of 2021, an ordinance
amending the approved development plan for Phase III of Special
Development District (SDD) No. 6, Vail Village Inn, pursuant to Section
12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
conversion of an existing commercial unit, located at 68 East Meadow
Drive, Unit 603/ Vail Village Filing 1, Lot O, Block 5D, and setting forth
details in regard thereto.
Applicant: RAWAH Partners LLC represented by Mauriello Planning
Group
Planner: Erik Gates
I. SUMMARY
The applicant, RAWAH Partners LLC, represented by Mauriello Planning Group, is
requesting a first reading of Ordinance No. 12, Series of 2021, for a major amendment
to a Special Development District, pursuant to Section 12-9-A, Special Development
(SDD) District, Vail Town Code, in order to covert an existing commercial space into
additional residential space for the units above, located at 68 East Meadow Drive, Unit
603/ Vail Village Filing 1, Lot O, Block 5D.
On May 24th, 2021, the Planning and Environmental Commission voted 6-1 (Pratt
opposed) to forward a recommendation of approval to the Vail Town Council for this
major amendment, subject to the findings noted in Section VI of the staff memorandum
to the PEC (Attachment E).
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 12, Series of 2021, upon first reading.
June 15, 2021 - Page 142 of 191
Town of Vail Page 2
III. DESCRIPTION OF REQUEST
The applicant, RAWAH Partners LLC, represented by Mauriello Planning Group, is
requesting a recommendation to the Vail Town Council of a major amendment to SDD
#6, Vail Village Inn, pursuant to Section 12-9-A Special Development (SDD) District,
Vail Town Code, to allow for the conversion of the existing commercial use of unit 603
into a residential use, resulting in an additional 2,473 sq. ft. of GRFA. The residential
space would be an expansion of the existing residential units 106 and 107 directly
above the current commercial unit, and as such the proposal will not add any new
residential units. The proposal also reorganizes the existing planter space in such a way
that preserves the overall amount of existing landscaping, subject to DRB review as a
condition of approval.
The draft ordinance (Attachment A), a vicinity map (Attachment B), the applicant
narrative (Attachment C), project plan set (Attachment D), PEC21-0021 staff
memorandum (Attachment E), and 5/24 PEC minutes (Attachment F) are attached for
your review.
IV. BACKGROUND/SITUATION TO BE ADDRESSED
SDD #6, Vail Village Inn, was established via Ordinance No. 7, Series of 1976, and
allowed for uses consistent with the Public Accommodation zone district. Since then, a
number of amendments have been made to Phase III of the SDD to increase allowable
GRFA, including in 1985, 1989, 2001, 2003, 2005, and 2013. A number of amendments
have also been approved for the conversion of commercial spaces into residential
spaces within the Phase III building, including for condominium unit 30 in 1989, for units
16,17, & 29 in 2005, and unit 110 in 2008.
The space in question is part of the Phase III of the Vail Village Inn SDD, and when
viewed from East Meadow Drive is located on the lowest level of the south side of the
building behind the structure housing tenants such as Vail Boot and Shoe and Sushi
Oka, as seen on the map below:
June 15, 2021 - Page 143 of 191
Town of Vail Page 3
The commercial space has most recently been the location of the Claggett/Rey Gallery;
however the space is currently vacant. According to the applicant, the space has been
difficult to lease due to low visibility from East Meadow Drive. As such, the conversion of
the space from a commercial use to a residential one is proposed. The conversion
would add 1,240 sq. ft. of GRFA to residential unit 106 (resulting in a total of 2,212 sq.
ft. of GRFA for unit 106) and 1,233 sq. ft. of GRFA to residential unit 107 (resulting in a
total of 2,580 sq. ft. of GRFA for unit 107).
During the May 24th PEC hearing, the Commission voted 6-1 in favor of recommending
approval to Town Council. Commissioner Pratt expressed doubt over the commercial
space’s location as being the reason for its lack of commercial tenant interest, and he
stated that his concern about losing additional commercial area in the Village was the
reason for his opposing vote.
V. CRITERIA FOR REVIEW
The following design criteria shall be used as the principal criteria in evaluation the
merits of the proposed special development district amendment. It shall be the burden
of the applicant to demonstrate that the subm ittal material and the proposed
development plan comply with each of the following standards, or demonstrate that one
or more of them is not applicable or that a practical solution consistent with the public
interest has been achieved:
June 15, 2021 - Page 144 of 191
Town of Vail Page 4
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
Minor changes are proposed to the exterior façade of the converted unit. Changes
include the addition of windows of the same size and design of windows above and
already present on the building, and the addition sliding glass doors in place of the
existing south-facing windows. These doors will be aligned with the windows above and
are unlikely to have a significant impact on design compatibility. The existing planters
are proposed to be rearranged but are anticipated to only have a minor effect on the
ground level massing. The planter area is the same as is existing and located in roughly
the same location as the existing planters, with the exception of a small planter in
between the two residential units. These changes will be subject to DRB approval as
well.
Staff finds that this criterion is met.
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The proposed amendment is compatible with existing uses in the area as the proposed
residential expansion is located in a portion of the Phase III structure that is otherwise
fully residential. The residential expansion is also located far from and mostly out of
view from the main East Meadow Drive pedestrian corridor.
While the east planter is proposed to extend a few more feet into the corridor between
the north and south halves of the Phase III structure, it will not block access for
pedestrians or access to the pocket park between this building and the Solaris building.
For employee housing impacts, the proposed change in use does not create a need for
additional EHUs. For a retail use of 2,473 sq. ft., there was a commercial linkage
requirement for housing 1.19 employees. Inclusionary zoning for residential uses within
the PA zone district requires 10% of new GRFA be offset as employee housing. This
results in 247.3 sq. ft. of employee housing required for the proposed residential
expansion. For both commercial linkage and inclusionary zoning, the minimum unit size
allowed for employee housing is a 250 sq. ft. dormitory style unit for one (1) employee.
As the commercial use requirement was for more than one (1) employee, employee
housing in excess of 250 sq. ft. was also required . Since the residential expansion
inclusionary zoning requirement is only 247.3 sq. ft., no additional employee housing
requirement is created.
Staff finds that this criterion is met.
3. Parking And Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
June 15, 2021 - Page 145 of 191
Town of Vail Page 5
The parking requirement for the existing commercial space after the 12.5% Vail Village
Inn reduction is 5 spaces. Since the parking requirement for residential use is 1.4
spaces per unit, and there are no additional residential units being created, no
additional parking is required for this amendment, so a 5 space credit for SDD #6 is
created.
Staff finds that this criterion is met.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Vail Village Inn is located within the Vail Village Master Plan area and therefore a
number of goals of that plan are applicable for this application:
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
The proposed redevelopment takes a currently underperforming commercial space and
converts it into a residential space more functional for the location.
Objective 2.4: Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
While the proposal would remove a commercial unit within the Village, and as such
should be carefully considered by the Town Council, the difficulty in maintaining a
commercial tenant at this location points to a commercial use not being the most
compatible use at this site.
Objective 3.1: Physically improve the existing pedestrian ways by landscaping
and other improvements
The proposed changes to planting areas do not result in a reduction of landscaping
along the pedestrian corridor and spaces out the landscaping area to a greater extent
along the converted unit’s façade.
Staff finds that this criterion is met.
5. Natural And/Or geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development
district is proposed.
No geologic hazards are present at this location.
Staff finds that this criterion is met.
June 15, 2021 - Page 146 of 191
Town of Vail Page 6
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
As this is an amendment to an existing SDD that proposes no additional expansion to
existing structures, its effects on these design features is minimal. Access to and from
the pocket park to the east of this unit is preserved as well.
Staff finds that this criterion is met.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
The location of this unit is in an area where vehicle access to the south is not intended.
Vehicular access to the residential units of Vail Village Inn Phase III comes from S.
Frontage Road and is not proposed to change. Pedestrian access is preserved both
from the east and west.
Staff finds that this criterion is met.
8. Landscaping: Functional and aesthetic landscaping and open space in order
to optimize and preserve natural features, recreation, views and function.
Landscaping for this conversion is being altered, however the amount of proposed
landscaping is being preserved along pedestrian areas. It is not an ticipated that this
proposal will result in any reduction of landscaping views or function.
Staff finds that this criterion is met.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
As this is a proposal for an amendment to the existing SDD #6, this criterion is not
applicable to this application.
Staff finds that this criterion is met.
VI. STAFF RECOMMENDATION
Should the Vail Town Council choose to approve Ordinance No. 12, Series of 2021,
upon first reading, the Planning and Environmental commission recommends the Town
Council pass the following motion:
June 15, 2021 - Page 147 of 191
Town of Vail Page 7
“The Vail Town Council approves, on first reading, Ordinance No. 12, Series of
2021, an ordinance amending the approved development plan for Phase III of
Special Development District (SDD) No. 6, Vail Village Inn, pursuant to Section
12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion
of an existing commercial unit, located at 68 East Meadow Drive, Unit 603/ Vail
Village Filing 1, Lot O, Block 5D”.
Should the Vail Town Council choose to approve Ordinance No. 12, Series of 2021, the
Planning and Environmental Commission recommends the Town Council makes the
following findings:
“Based upon the review of the criteria outline in Section Vll of the Staff
memorandum to the Planning and Environmental Commission dated May 24th,
2021, and the evidence and testimony presented, the Vail Town Council finds:
1. That the SDD does comply with the standards listed in subsection A of this
section; and
2. That the SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD does promote the health, safety, morals, and general welfare of
the town and promote the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest
quality.”
VII. ATTACHMENTS
A. Ordinance No. 12, Series of 2021
B. Vicinity Map
C. Applicant Narrative
D. Project Plan Set
E. PEC21-0021 Staff Memorandum
F. PEC Minutes, May 24, 2021
June 15, 2021 - Page 148 of 191
1
6/9/2021
S:\COMMUNITY DEVELOPMENT\PLANNING\ERIK\PEC21-0021 (VILLAGE INN PLAZA UNIT 603)\ORDINANCE NO. 12, SERIES
OF 2021, SDD 6 VVI AMENDMENT.DOCX
ORDINANCE NO. 12
SERIES OF 2021
AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN
FOR PHASE III OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL
VILLAGE INN, TO ALLOW FOR THE CONVERSION OF AN EXISTING
COMMERCIAL UNIT AT 68 MEADOW DRIVE INTO RESIDENTIAL
SPACE
WHEREAS, amendments to a Special Development District are governed by
Section 12-9A of the Vail Town Code;
WHEREAS, RAWAH Partners LLC ("Applicant") owns the real property more
particularly described as Lot O, Block 5D, Vail Village Filing No. 1, with an address of 68
Meadow Drive, Unit 603 (the "Property");
WHEREAS, on April 15, 2021, Applicant filed an application to amend the
Development Plan for Phase III of Special Development District No. 6, Vail Village Inn, to
allow the conversion of a existing commercial unit at 68 Meadow Drive into residential
space (the "Amendment");
WHEREAS, at a properly-noticed public hearing on May 24, 2021 the Planning
and Environmental Commission (the "PEC") considered the Application and forwarded a
recommendation of approval to the Town Council; and
WHEREAS, at a properly-noticed public hearing on _____________, 2021, the
Town Council considered the Application.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Having considered the Application, any comments presented at the
public hearing, and the recommendation of the PEC, the Town Council hereby finds and
determines as follows:
a. The Amendment complies with the review criteria outlined in Section 12-9A-
8 of Vail Town Code;
b. The Amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the development
objectives of the Town;
c. The Amendment promotes the health, safety, morals, and general welfare
of the Town; and
d. The Amendment 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 .
June 15, 2021 - Page 149 of 191
2
6/9/2021
S:\COMMUNITY DEVELOPMENT\PLANNING\ERIK\PEC21-0021 (VILLAGE INN PLAZA UNIT 603)\ORDINANCE NO. 12, SERIES
OF 2021, SDD 6 VVI AMENDMENT.DOCX
Section 2. Based on the foregoing findings, the Town Council hereby approves
the Amendment as set forth in the Application, which makes the following changes to
Section 4 of the Development Plan:
Section 4. Development Standards – Special Development District No. 6, Vail
Village Inn
The amended Development Plan for Special Development District No. 6, Vail Village
Inn, Phase III, shall include the following plans and materials provided by KH Webb
Architects dated April 13, 2021:
A. A01 – SITE PLAN - EXISTING
B. A02 – SITE PLAN - PROPOSED
C. A03 – ART GALLERY SPACE – EXISTING
D. A04 – ART GALLERY SPACE - PROPOSED
E. A05 – LEVEL 1 – SOUTH RESIDENCE - EXISTING
F. A06 – LEVEL 1 – SOUTH RESIDENCE - PROPOSED
G. A07 – WEST ELEVATION – EXISTING & PROPOSED
H. A08 – SOUTH ELEVATION – EXISTING & PROPOSED
I. A09 – EAST ELEVATION – EXISTING & PROPOSED
Section 3. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The amendment of any provision of the Vail Town Code in this
Ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution comm enced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 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.
June 15, 2021 - Page 150 of 191
3
6/9/2021
S:\COMMUNITY DEVELOPMENT\PLANNING\ERIK\PEC21-0021 (VILLAGE INN PLAZA UNIT 603)\ORDINANCE NO. 12, SERIES
OF 2021, SDD 6 VVI AMENDMENT.DOCX
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 15 day of June, 2021 and a public
hearing for second reading of this Ordinance is set for the ____ day of July, 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
June 15, 2021 - Page 151 of 191
VAIL RDE MEADOW DR
WILLOWBRIDGERDWMEADOW DR
I
Subject Property
0 50 10025Feet This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only.The Town of Vail does not warrant the accuracy of the information contained herein.(where shown, parcel line work is approximate)
Last Modified: May 20, 2021
Major Amendment to SDD No. 6 (PEC21-0021)
68 East Meadow Drive Unit 603
Lot O, Block 5D, Vail Village Filing 1
June 15, 2021 - Page 152 of 191
VAIL V ILLAGE INN, P HASE III
MAJOR A MENDMENT TO
SDD #6
To allow for the conversion of a commercial use
to residential use
Submitted to the Town of Vail:
April 16, 2021
June 15, 2021 - Page 153 of 191
I.Introduction
Two current residential condominium owners within Vail Village Inn Phase 3 are requesting a
major amendment to Special Development District No. 6 (SDD #6) to allow for the conversion
of Commercial Unit 603 to residential floor area. The commercial unit is the previous site of
the Claggett/Rey Gallery, which moved to Edwards. The space will then be added to the
residential units above, Units 106 and 107, allowing those existing units to be expanded.
According to Section 12-9A-2: Definitions, Vail Town Code, a change in use and the addition of
GRFA is considered a Major SDD Amendment. There are minor exterior changes to the
building to accommodate the proposed change to the space.
The Claggett/Rey Gallery space is a challenging retail space. It is approximately 2,473 sq. ft. It is
located off the primary commercial corridor with no visibility from East Meadow Drive. The
space is behind the building that houses Vail Boot and Shoe, partially beneath the bridge that
connects the second floor of the Phase 3 buildings.
1
Commercial Unit 603
Approximate boundary
of SDD #6, Vail Village Inn
VVI
Phase 3
June 15, 2021 - Page 154 of 191
The space has remained vacant since the Claggett/Rey Gallery relocated to Edwards. Possible
retail or restaurant tenants have not shown any interest in the space. There is not the level
pedestrian traffic in this area needed to sustain commercial uses in this location. Much of the
pedestrian level directly across from the space is back of house or residential entries for the
other Phase 3 building. This portion of the Phase 3 building is otherwise 100% residential and
residential use in this location is appropriate.
The Austrian Family owns unit 106, which is above the eastern portion of the Claggett/Rey
Gallery space. 233 West Canton Street Unit 2 Realty Trust owns unit 107, which is above the
western portion of the space. KH Webb Architects has provided plans indicating how this space
can be converted to residential floor area and incorporated within the residential units above.
The total additional GRFA is 2,473 sq. ft., with 1,240 sq. ft. added to Unit 106 and 1,233 sq. ft.
added to Unit 107. There are minimal proposed exterior modifications. As noted, the proposal
is considered a Major Amendment to SDD #6. The criteria for review of a Major SDD
Amendment are addressed in Section IV of this submittal. Because the current space is
commercial and the area will be added to existing residential units, there is a reduction in
parking requirements, creating a credit for Phase 3 of SDD #6. Additionally, the removal of the
2
View of the Claggett/Rey Gallery space, looking to the west. On the left is the Phase 3 building that
houses Vail Boot and Shoe. The building on the right is the subject property.
June 15, 2021 - Page 155 of 191
commercial use creates a Commercial Linkage housing credit for Phase 3. The new GRFA
generates an Inclusionary Zoning Housing requirement, all detailed below.
3
View of the Claggett/Rey Gallery space, looking to the east. On the right is the Phase 3 building that
houses Vail Boot and Shoe. The building on the left is the subject property. The Claggett/Rey Gallery
space has always been a challenge for any commercial uses.
June 15, 2021 - Page 156 of 191
II.Background
The property is part of Phase 3 of Special Development District No 6, Vail Village Inn. This SDD
has an underlying zoning of Public Accommodation (PA).
SDD #6 was adopted by Ordinance No. 7, Series of 1976, and has been amended several times
since its original adoption. Many of the amendments have been minor changes that one might
expect to occur over the last 45 years. A few amendments, related to the redevelopment of
about 50% of the SDD (Sebastian Hotel), were significant. The following is a list of all major
amendments that have occurred since the original adoption (from TOV GIS):
Ordinance Number Description
Ordinance 7 of 1976 adopted SDD #6, Vail Village Inn
Ordinance 22 of 1983 allowed for a popcorn wagon
Ordinance 1 of 1985 granted 126,000 sq. ft. of GRFA, set standards for Phase 4
Ordinance 14 of 1987 amended Phase 4 into Phase 4 and Phase 5
Ordinance 24 of 1989*increased allowable GRFA to 124,527 sq. ft., allowed for conversion of
commercial to residential GRFA
4
Approximate
boundary of SDD
#6, Vail Village Inn
VVI
Phase 3
June 15, 2021 - Page 157 of 191
*Indicate approvals to convert commercial uses to GRFA
Of the 19 amendments over nearly a half century, three are similar to this proposal, where
commercial uses have been converted to residential uses. Generally, the Town of Vail has
recognized that the first level commercial uses along East Meadow Drive should remain
commercial as part of the vibrant pedestrian core of Vail Village versus the areas significantly
detached from the major pedestrian flow as exists with this location. When spaces are not
reasonably viable as commercial uses, the Town has allowed the conversion to occur.
Ordinance 19 of 1991 allowed for revisions to the development plan for Phase 4A
Ordinance 2 of 1992 allowed for revisions to the development plan for Phase 4A
Ordinance 34 of 1992 amended use restrictions within a previous condition of approval for Unit
30 in Phase 1
Ordinance 1 of 2000 amendment to allow for Vail Plaza Hotel (now the Sebastian Hotel)
Ordinance 4 of 2000 amendments related to Vail Plaza Hotel
Ordinance 15 of 2001 increased allowable GRFA to 182,325 sq. ft.
Ordinance 21 of 2001 amendments related to Vail Plaza Hotel
Ordinance 32 of 2001*increased GRFA to 184,708 sq. ft., allowed for conversion of commercial to
residential for a new dwelling unit
Ordinance 14 of 2002 allows for conversion of accommodation units into employee housing units
Ordinance 7 of 2003 amended expiration of approvals for Vail Plaza Hotel
Ordinance 32 of 2003 amended development plan for Alpenrose and added residential unit above
Ordinance 16 of 2004 amendments related to Vail Plaza Hotel
Ordinance 6 of 2005*increased allowable GRFA to 186,561 sq. ft., allowed for the conversion of
commercial to GRFA for an addition to an existing dwelling unit
Ordinance 22 of 2008*allowed for the conversion from office and retail space to GRFA for an
addition to an existing dwelling unit
Ordinance 7 of 2012 allowed for conversion of fractional unit to dwelling unit for the Sebastian
(previously Vail Plaza Hotel)
Ordinance 13 of 2013 increased allowable GRFA for the Sebastian
Ordinance Number Description
5
June 15, 2021 - Page 158 of 191
III. Proposed Floor Plans
6
Existing Commercial
Unit 603
Proposed Conversion
to Residential
June 15, 2021 - Page 159 of 191
IV.Zoning Analysis
Because there are only minor exterior modifications, the proposed amendment does not affect
most development standards. Below is an analysis of the proposal’s impact on GRFA, Employee
Housing, and Parking. All other standards remain as approved by SDD #6.
Standard Existing Commercial Unit Proposed
GRFA 2,473 sq. ft. within the commercial unit
is not considered GRFA
Addition of 2,473 sq. ft. of GRFA
Parking 2,473 sq. ft. of retail is assessed a total
of 5.7 spaces. VVI gets a 12.5%
reduction. Total parking requirement =
5 spaces
Dwelling units are required 1.4
parking spaces per unit. Because
the GRFA is added to existing units,
there is no parking required for this
conversion. This equates to a 5
space credit for SDD #6
Employee Housing 2,473 sq. ft. of retail is assessed a
Commercial Linkage Requirement: 5.9
employees generated * 20% = 1.19
GRFA is assessed at 10% of net
new GRFA for Inclusionary Zoning:
247.3 sq. ft.
7East Meadow DriveSubject
Property
June 15, 2021 - Page 160 of 191
V.Criteria for Review for the Major Amendment to a Special
Development District
Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides
the criteria for review of a Major Amendment to a Special Development District. These criteria
have been provided below, along with an analysis of how this proposal complies with these
criteria:
1.Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation.
Applicant Response: Because the exterior modifications are minor, there is little impact
to the overall design. The exterior improvements include the addition of windows and
doors, which are of the same size, character, and materials as those used throughout the
building. A new site wall is proposed, which creates an opportunity for additional
landscaping and patio area. This allows for a buffer between the uses and additional
privacy for the units. The proposal is compatible with the immediate environment,
neighborhood, and adjacent properties.
8
Plans of the proposed exterior modifications to allow for the change from a vacant
commercial use to residential use to be added to the units above.
June 15, 2021 - Page 161 of 191
2.Relationship: Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Applicant Response: Any impacts from the proposed change in use are generally within
SDD #6. Solaris is adjacent to the site, and there is an existing walkway that connects
through the tunnel at Solaris over to this portion of VVI Phase 3. It is approximately 90
ft. from the Claggett/Rey space to the Solaris Tunnel. This pedestrian connection, which
was a requirement of the Solaris SDD, provides for a secondary connection between the
properties. Use of this connection tends to be by homeowners in VVI to connect to the
Solaris Plaza. There is also possibly some use by employees but overall pedestrian traffic
is very limited in this area.
Across from the eastern portion of the Claggett/Rey space is exterior entries into the
other Phase 3 building.
Directly adjacent to the eastern portion of the Claggett/Rey space is a small pocket park
with significant landscaping. This area will not be modified by this proposal and provides
an important buffer from Solaris.
9
Stairway down
to the Solaris
Tunnel
Other Phase 3 building rear facade
adjacent to the Claggett/Rey space
June 15, 2021 - Page 162 of 191
Directly across from the more western portion of the Claggett/Rey space is a vacant
restaurant space. This space is currently proposing an addition and improvements to the
restaurant, which was previously Sushi Oka. The owners of Units 106 and 107 are
excited for these improvements as they will vastly improve the appearance of this area.
10
Residential Unit 106
Claggett/Rey Space
Pocket park
Claggett/Rey Space Sushi Oka (vacant)
June 15, 2021 - Page 163 of 191
Outdoor dining for Sushi Oka will primarily occur along the front of the restaurant, so
impacts will be minimal.
Just around the corner to the west, there is a large outdoor patio. This patio provides
additional outdoor space for the residents of the Phase 3 building.
The proposed change in use is compatible with surrounding uses and activity. Phase 3 of
the Vail Village Inn is an example of successfully mixing commercial and residential uses.
3.Parking And Loading: Compliance with parking and loading requirements as outlined in chapter
10 of this title.
Applicant Response: The change in use from a commercial unit into GRFA for existing
residential units results in a decrease in parking requirements. As identified in the
parking analysis, the existing commercial space has a parking requirement of 5 spaces.
Because the space is added to existing residential units and no new units are created,
there is no additional parking requirement. This creates a credit of 5 parking spaces for
the Phase 3 of the Vail Village Inn.
11
Claggett/Rey Space
Residential Unit 107
Outdoor Patio
June 15, 2021 - Page 164 of 191
4.Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town
policies and urban design plans.
Applicant Response: The Vail Village Inn Phase 3 is within the boundaries of the Vail
Village Master Plan. The following general objectives are applicable to this application:
In addition to the general objectives of the Vail Village Master Plan, the Vail Village Inn
Phase 3 is located within Mixed Use Sub-Area #1. Though the focus was generally on
the completion of the final phase of the Vail Village Inn (Vail Plaza Hotel, now the
Sebastian), the Vail Village Master Plan offers the following with regard to this property:
The proposal is consistent with the applicable element of the Village Master Plan and
therefore consistent with this criterion.
5.Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic
hazards that affect the property on which the special development district is proposed.
Applicant Response: The proposed conversion of commercial units 106 and 107 from a
commercial use to GRFA has no effect on the above criterion.
12
June 15, 2021 - Page 165 of 191
6.Design Features: Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
Applicant Response: The proposed conversion from a commercial use to GRFA has no
effect on the above criterion.
7.Traf fic: A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation.
Applicant Response: The proposed conversion from a commercial use to GRFA has no
effect on the above criterion.
8.Landscaping: Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
Applicant Response: The proposed conversion from a commercial use to GRFA has no
effect on the above criterion.
9.Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development district.
Applicant Response: The proposed conversion of a commercial unit to residential use
has no effect on the above criterion.
13
June 15, 2021 - Page 166 of 191
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345GHJUNIT 603+/- 2,473 SQ FTDOOROPENINGEXISTING PLANTER SPACE TO BE REALLOCATED +/- 213 SQ FEET Project numberDateDrawn by4/13/2021 9:07:47 AMA03ART GALLERY SPACE - EXISTINGV.I.P.68 E MEADOW DRIVEVAIL, COVILLAGE INNPLAZA4.13.21Author1/4" = 1'-0"1B2. COM L2 -ART GALLERY - EXISTINGNo. Description DateJune 15, 2021 - Page 169 of 191
GaHaJa3a4a5aUNIT 106+/- 1,240 SQ FTUNIT 107+/- 1,233 SQ FTPROPOSED HELICAL STAIR LOCATIONCLOSE DOOROPENINGNEW FRENCH SLIDING DOORSNEW FRENCH DOORNEW FRENCH DOOREXISTING DOOR TO BE REPLACEDNEW WINDOWSPROPOSED SITE WALLSPROPOSED SITE WALLS*PROPOSED PATIO SPACE*PROPOSED PATIO SPACENEW WINDOWS*PROPOSED:2 BEDROOM, 2 BATH, & DEN*PROPOSED:2 BEDROOM, 2 BATH, & DENEXISTING DOOR TO BE REPLACEDEXISTING PLANTER TO REMIAN*PROPOSED PLANTER SPACE*PROPOSED PLANTER SPACE+/-170 SQ FT+/-43 SQ FT*PROPOSED REALLOCATED PLANTER SPACE+/-213 SQ FTProject numberDateDrawn by4/13/2021 9:07:48 AMA04ART GALLERY SPACE -PROPOSEDV.I.P.68 E MEADOW DRIVEVAIL, COVILLAGE INNPLAZA4.13.21AuthorNo. Description Date1/4" = 1'-0"1B2. COM L2 -ART GALLERY - PROPOSEDJune 15, 2021 - Page 170 of 191
345FGHJCOMMON HALLBRIDGEUNIT 106UNIT 107+/- 972 SQ FT+/- 1,347 SQ FTFPW/DW/DFP6' - 10 3/4"Project numberDateDrawn by4/13/2021 9:07:49 AMA05LEVEL 1 - SOUTH RESIDENCE -EXISTINGV.I.P.68 E MEADOW DRIVEVAIL, COVILLAGE INNPLAZA4.13.21Author1/4" = 1'-0"1FIRST FLOOR PLAN-SOUTH UNITS -EXISTINGNo. Description DateJune 15, 2021 - Page 171 of 191
FaGaHaJa3a4a5aCOMMON HALLUNIT 106UNIT 107+/- 972 SQ FT+/- 1,347 SQ FTPROPOSED HELICAL STAIR LOCATIONFPBRIDGEDEMO WALLDEMO WALLProject numberDateDrawn by4/13/2021 9:07:50 AMA06LEVEL 1 - SOUTH RESIDENCE -PROPOSEDV.I.P.68 E MEADOW DRIVEVAIL, COVILLAGE INNPLAZA4.13.21AuthorNo. Description Date1/4" = 1'-0"1FIRST FLOOR PLAN-SOUTH UNITS -PROPOSEDJune 15, 2021 - Page 172 of 191
B1 LOBBY & B2FIRST FLOORPLAN -PROPOSED105' -0"B2. COM L2 -PROPOSED95' -0"12' - 0"4' - 0"3' - 6"NEW WINDOWSGGHHJJKK2' - 0"NEW WINDOWB1 LOBBY & B2FIRST FLOORPLAN105' -0"GHJKB2. COM L295' -0"Project numberDateDrawn by4/13/2021 9:11:47 AMA07WEST ELEV - EXISTING &PROPOSEDV.I.P.68 E MEADOW DRIVEVAIL, COVILLAGE INNPLAZA4.13.21AuthorNo. Description Date1/4" = 1'-0"1BUILDING ELEVATION - WEST -PROPOSED1/4" = 1'-0"2BUILDING ELEVATION - WEST -EXISTINGJune 15, 2021 - Page 173 of 191
B1 LOBBY & B2FIRST FLOORPLAN -PROPOSED105' -0"B2. COM L2 -PROPOSED95' -0"3a4a5a8' - 0"8' - 0"8' - 0"8' - 0"NEW GLASS FRENCH DOORNEW GLASS FRENCH DOORNEW EXTERIOR GLASS DOOR3' - 4"8' - 0"NEW EXTERIOR GLASS DOOR3' - 4"8' - 0"PROPOSED REALLOCATED PLANTER SPACEPROPOSED REALLOCATED PLANTER SPACEB1 LOBBY & B2FIRST FLOORPLAN105' -0"345B2. COM L295' -0"Project numberDateDrawn by4/13/2021 9:11:50 AMA08SOUTH ELEV - EXISTING &PROPOSEDV.I.P.68 E MEADOW DRIVEVAIL, COVILLAGE INNPLAZA4.13.21AuthorNo. Description Date1/4" = 1'-0"1BUILDING ELEVATION - SOUTH -PROPOSED1/4" = 1'-0"2BUILDING ELEVATION - SOUTH -EXISTINGJune 15, 2021 - Page 174 of 191
B1 LOBBY & B2FIRST FLOORPLAN -PROPOSED105' -0"GaHaJaB2. COM L2 -PROPOSED95' -0"8' - 0"8' - 0"8' - 0"NEW WINDOWSNEW SLIDING FRENCH DOORGRADENEW SLIDING FRENCH DOORPROPOSED SITE WALLS4' - 0"12' - 0"8' - 0"PROPOSED REALLOCATED PLANTER SPACEB1 LOBBY & B2FIRST FLOORPLAN105' -0"GHJB2. COM L295' -0"GRADEProject numberDateDrawn by4/13/2021 9:11:52 AMA09EAST ELEV - EXISTING &PROPOSEDV.I.P.68 E MEADOW DRIVEVAIL, COVILLAGE INNPLAZA4.13.21AuthorNo. Description Date1/4" = 1'-0"1BUILDING ELEVATION - EAST -PROPOSED1/4" = 1'-0"2BUILDING ELEVATION - EAST - EXISTINGJune 15, 2021 - Page 175 of 191
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 24, 2021
SUBJECT: A request for the review of a major amendment to Special Development
District (SDD) No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to convert a commercial unit
into residential space, located at 68 East Meadow Drive, Unit 603/ Vail
Village Filing 1, Lot O, Block 5D, and setting forth details in regard thereto.
(PEC21-0021)
Applicant: RAWAH Partners LLC represented by Mauriello Planning
Group
Planner: Erik Gates
I. SUMMARY
The applicant, RAWAH Partners LLC, represented by Mauriello Planning Group, is
requesting a recommendation to the Vail Town Council for approval of a major
amendment to a Special Development District, pursuant to Section 12-9-A, Special
Development (SDD) District, Vail Town Code, in order to covert an existing commercial
space into additional residential space for the units above, located at 68 East Meadow
Drive, Unit 603/ Vail Village Filing 1, Lot O, Block 5D.
Based upon Staff’s review of the criteria outline in Section VIl of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a
recommendation of approval, with a condition, to the Vail Town Council for this
major amendment.
II. DESCRIPTION OF REQUEST
The applicant, RAWAH Partners LLC, represented by Mauriello Planning Group, is
requesting a recommendation to the Vail Town Council of a major amendment to SDD
#6, Vail Village Inn, pursuant to Section 12-9-A Special Development (SDD) District,
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Town of Vail Page 2
Vail Town Code, to allow for the conversion of the existing commercial use of unit 603
into a residential use, resulting in an additional 2,473 sq. ft. of GRFA. The residential
space would be an expansion of the existing residential units 106 and 107 directly
above the current commercial unit, and as such the proposal will not add any new
residential units. The proposal also reorganizes the existing planter space in such a way
that preserves the overall amount of existing landscaping, subject to DRB review.
A vicinity map (Attachment A), the applicant narrative (Attachment B), and project plan
set (Attachment C) are attached for your review.
III. BACKGROUND
SDD #6, Vail Village Inn, was established with Ordinance No. 7, Series of 1976, and
allowed for uses consistent with the Public Accommodation zone district. Since then, a
number of amendments have been made to the SDD to increase allowable GRFA,
including in 1985, 1989, 2001, 2003, 2005, and 2013. A number of amendments have
also been approved for the conversion of commercial spaces into residential spaces,
including for condominium unit 30 in 1989, for units 16,17, & 29 in 2005, and unit 110 in
2008.
The space in question is part of the Phase III of the Vail Village Inn SDD, and when
viewed from East Meadow Drive is located on the lowest level of the south side of the
building behind the structure housing tenants such as Vail Boot and Shoe and Sushi
Oka, as seen on the map below:
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Town of Vail Page 3
The commercial space has most recently been the location of the Claggett/Rey Gallery,
however the space is currently unused. According to the applicant, the space has been
difficult to lease due to low visibility from East Meadow Drive. As such, the conversion of
the space from a commercial use to a residential one is proposed. The conversion
would add 1,240 sq. ft. of GRFA to residential unit 106 (resulting in a total of 2,212 sq.
ft. of GRFA for unit 106) and 1,233 sq. ft. of GRFA to residential unit 107 (resulting in a
total of 2,580 sq. ft. of GRFA for unit 107).
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master
Plan and the Vail Town Code are relevant to the review of this proposal:
Vail Town Code
ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT (in part)
12-9A-1: PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of the special development district is to encourage flexibility
and creativity in the development of land in order to promote its most appropriate
use; to improve the design character and quality of the new development with the
town; to facilitate the adequate and economical provision of streets and utilities; to
preserve the natural and scenic features of open space areas; and to further the
overall goals of the community as stated in the Vail comprehensive plan. An
approved development plan for a special development district, in conjunction with
the property's underlying zone district, shall establish the requirements for guiding
development and uses of property included in the special development district.
B. Applicability: Special development districts do not apply to and are not available in
the following zone districts: hillside residential, single-family residential, two-family
residential and two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord.
9(1994) § 1: Ord. 21(1988) § 1)
12-9A-2: DEFINITIONS:
AFFECTED PROPERTY: Property within a special development district that, by virtue
of its proximity or relationship to a proposed amendment request to an approved
development plan, may be affected by redesign, density increase, change in uses, or
other modifications changing the impacts, or character of the approved special
development district.
AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association
authorized or empowered in writing by the property owner to act on his (her) stead. If
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Town of Vail Page 4
any of the property to be included in the special development district is a
condominiumized development, the pertinent condominium association may be
considered the agent or authorized representative for the individual unit owners if
authorized in conformity with all pertinent requirements of the condominium
association's declarations and all other requirements of the condominium declarations
are met.
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change
uses; increase gross residential floor area; change the number of dwelling or
accommodation units; modify, enlarge or expand any approved special development
district (other than "minor amendments" as defined in this section), except as provided
under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential
Floor Area (250 Ordinance)", of this title.
MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or
landscape plans that do not alter the basic intent and character of the approved special
development district, and are consistent with the design criteria of this article. Minor
amendments may include, but not be limited to, variations of not more than five feet (5')
to approved setbacks and/or building footprints; changes to landscape or site plans that
do not adversely impact pedestrian or vehicular circulation throughout the special
development district; or changes to gross floor area (excluding residential uses) of not
more than five percent (5%) of the approved square footage of retail, office, common
areas and other nonresidential floor area, except as provided under section 12-15-4,
"Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250
Ordinance)", of this title.
UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed
on the property at the time the special development district is approved. The following
zone districts are prohibited from special development districts being used: hillside
residential, single-family residential, two-family residential, two-family primary/secondary
residential. (Ord. 29(2005) § 26: Ord. 13(1997) § 2: Ord. 9(1994) § 2: Ord. 21(1988)
§ 1)
12-9A-4: DEVELOPMENT REVIEW PROCEDURES:
A. Approval Of Plan Required: Prior to site preparation, building construction, or other
improvements to land within a special development district, there shall be an
approved development plan for said district. The approved development plan shall
establish requirements regulating development, uses and activity within a special
development district.
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Town of Vail Page 5
B. Preapplication Conference: Prior to submittal of a formal application for a special
development district, the applicant shall hold a preapplication conference with the
department of community development. The purpose of this meeting shall be to
discuss the goals of the proposed special development district, the relationship of
the proposal to applicable elements of the town's comprehensive plan, and the
review procedure that will be followed for the application.
C. PEC Conducts Initial Review: The initial review of a proposed special development
district shall be held by the planning and environmental commission at a regularly
scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a
work session may be held with the applicant, staff and the planning and
environmental commission to discuss special development district. A report of the
department of community development staff's findings and recommendations shall
be made at the initial formal hearing before the planning and environmental
commission. Within twenty (20) days of the closing of a public hearing on a
proposed amendment, the planning and environmental commission shall act on the
petition or proposal. The commission may recommend approval of the petition or
proposal as initiated, may recommend approval with such modifications as it deems
necessary to accomplish the purposes of this title, or may recommend denial of the
petition or rejection of the proposal. The commission shall transmit its
recommendation, together with a report on the public hearing and its deliberations
and findings, to the town council.
D. Town Council Review: A report of the planning and environmental commission
stating its findings and recommendations, and the staff report shall then be
transmitted to the town council. Upon receipt of the report and recommendation of
the planning and environmental commission, the town council shall set a date for
hearing within the following thirty (30) days. Within twenty (20) days of the closing of
a public hearing on a proposed SDD, the town council shall act on the petition or
proposal. The town council shall consider but shall not be bound by the
recommendation of the planning and environmental commission. The town council
may cause an ordinance to be introduced to create or amend a special development
district, either in accordance with the recommendation of the planning and
environmental commission or in modified form, or the council may deny the petition.
If the council elects to proceed with an ordinance adopting an SDD, the ordinance
shall be considered as prescribed by the Vail town charter. (Ord. 29(2005) § 26: Ord.
21(1988) § 1)
12-9A-7: USES:
Determination of permitted, conditional and accessory uses shall be made by the
planning and environmental commission and town council as a part of the formal review
of the proposed development plan. Unless further restricted through the review of the
proposed special development district, permitted, conditional and accessory uses shall
be limited to those permitted, conditional and accessory uses in a property's underlying
zone district. Under certain conditions, commercial uses may be permitted in residential
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Town of Vail Page 6
special development districts if, in the opinion of the town council, such uses are
primarily for the service and convenience of the residents of the development and the
immediate neighborhood. Such uses, if any, shall not change or destroy the
predominantly residential character of the special development district. The amount of
area and type of such uses, if any, to be allowed in a residential special development
district shall be established by the town council as a part of the approved development
plan. (Ord. 29(2005) § 26: Ord. 21(1988) § 1)
12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: The following design criteria shall be used as the principal criteria in
evaluating the merits of the proposed special development district. It shall be the
burden of the applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following standards, or demonstrate that
one or more of them is not applicable, or that a practical solution consistent with the
public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
3. Parking And Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
5. Natural And/Or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in order
to optimize and preserve natural features, recreation, views and function.
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Town of Vail Page 7
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a special development district, the planning and environmental
commission and the town council shall make the following findings with respect to
the proposed SDD:
1. That the SDD complies with the standards listed in subsection A of this
section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with the
public interest has been achieved.
2. That the SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD 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. (Ord. 29(2005) § 26: Ord. 21(1988) § 1)
ARTICLE J. PUBLIC ACCOMMODATION-2 (PA-2) DISTRICT (in part)
12-7A-1: PURPOSE:
The public accommodation district is intended to provide sites for lodges and residential
accommodations for visitors, together with such public and semipublic facilities and
limited professional offices, medical facilities, private recreation, commercial/retail and
related visitor oriented uses as may appropriately be located within the same zone
district and compatible with adjacent land uses. The public accommodation district is
intended to ensure adequate light, air, open space, and other amenities commensurate
with lodge uses, and to maintain the desirable resort qualities of the zone district by
establishing appropriate site development standards. Additional nonresidential uses are
permitted as conditional uses which enhance the nature of Vail as a vacation
community, and where permitted uses are intended to function compatibly with the high
density lodging character of the zone district. (Ord. 29(2005) § 24: Ord. 23(1999) § 1:
Ord. 30(1977) § 7: Ord. 8(1973) § 7.100)
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12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Automated teller machines (ATMs) exterior to a building.
Employee housing units, as further regulated by chapter 13 of this title.
Lodges, including accessory eating, drinking, or retail establishments located within
the principal use and not occupying more than ten percent (10%) of the total gross
residential floor area of the main structure or structures on the site; additional
accessory dining areas may be located on an outdoor deck, porch, or terrace. (Ord.
12(2008) § 11)
V. SITE ANALYSIS
Address: 68 East Meadow Drive, Unit 603
Legal Description: Vail Village Filing 1, Lot O, Block 5D
Existing Zoning: SDD #6 Vail Village Inn
Land Use Plan Designation: Village Master Plan
Current Land Use: Mixed Use
* For SDD #6, Vail Village Inn, Phase III
** Smallest allowed EHU per Title 12 is a 250 sq. ft. dormitory unit for 1 employee
*** Parking requirement for residential is 1.4 spaces per unit. As this is an addition to existing units, the
parking requirement for the residential units does not change.
Vl. SURROUNDING LAND USES AND ZONING
Existing Use Zone District
North: I-70 RoW N/A
South: Mixed Use Public Accommodation (PA)
East: Commercial Commercial Service Center (CSC)
Development
Standard
Existing Proposed
GRFA* 187,798 sq. ft. 190,271 sq. ft. (2,473 sq. ft.
converted from commercial to
GRFA)
Landscaping 213 sq. ft. 213 sq. ft.
Employee Housing 1.19 employees generated
(Commercial Linkage)**
247.3 sq. ft. required (Inclusionary
Zoning)
Required Parking 5 spaces No change (0 required)***
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Town of Vail Page 9
West: Mixed Use Public Accommodation (PA)
Vll. REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluation the
merits of the proposed special development district. It shall be the burden of the
applicant to demonstrate that the submittal material and the proposed development plan
comply with each of the following standards, or demonstrate that one or more of them is
not applicable or that a practical solution consistent with the public interest has been
achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
Minor changes are proposed to the exterior façade of the converted unit. Changes
include the addition of windows of the same size and design of windows above and
already present on the building, and the addition sliding glass doors in place of the
existing south-facing windows. These doors will be aligned with the windows above and
are unlikely to have a significant impact on design compatibility. The existing planters
are proposed to be rearranged but are anticipated to only have a minor effect on the
ground level massing. The planter area is the same as is existing and located in roughly
the same location as the existing planters, with the exception of a small planter in
between the two residential units. These changes will be subject to DRB approval as
well.
Staff finds that this criterion is met.
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The proposed amendment is compatible with existing uses in the area as the proposed
residential expansion is located in a portion of the Phase III structure that is otherwise
fully residential. The residential expansion is also located far from and mostly out of
view from the main East Meadow Drive pedestrian corridor.
While the east planter is proposed to extend a few more feet into the corridor between
the north and south halves of the Phase III structure, it will not block access for
pedestrians or access to the pocket park between this building and the Solaris building.
For employee housing impacts, the proposed change in use does not create a need for
additional EHUs. For a retail use of 2,473 sq. ft., there was a commercial linkage
requirement for housing 1.19 employees. Inclusionary zoning for residential uses within
the PA zone district requires 10% of new GRFA be offset as employee housing. This
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Town of Vail Page 10
results in 247.3 sq. ft. of employee housing required for the proposed residential
expansion. For both commercial linkage and inclusionary zoning, the minimum unit size
allowed for employee housing is a 250 sq. ft. dormitory style unit for one (1) employee.
As the commercial use requirement was for more than one (1) employee, employee
housing in excess of 250 sq. ft. was also required. Since the residential expansion
inclusionary zoning requirement is only 247.3 sq. ft., no additional employee housing
requirement is created.
Staff finds that this criterion is met.
3. Parking And Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
The parking requirement for the existing commercial space after the 12.5% Vail Village
Inn reduction is 5 spaces. Since the parking requirement for residential use is 1.4
spaces per unit, and there are no additional residential units being created, no
additional parking is required for this amendment, so a 5 space credit for SDD #6 is
created.
Staff finds that this criterion is met.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Vail Village Inn is located within the Vail Village Master Plan area and therefore a
number of goals of that plan are applicable for this application:
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
The proposed redevelopment takes a currently underperforming commercial space and
converts it into a residential space more functional for the location.
Objective 3.1: Physically improve the existing pedestrian ways by landscaping
and other improvements
The proposed changes to planting areas do not result in a reduction of landscaping
along the pedestrian corridor and spaces out the landscaping area to a greater extent
along the converted unit’s façade.
Staff finds that this criterion is met.
5. Natural And/Or geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development
district is proposed.
No geologic hazards are present at this location.
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Town of Vail Page 11
Staff finds that this criterion is met.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
As this is an amendment to an existing SDD that proposes no additional expansion to
existing structures, its effects on these design features is minimal. Access to and from
the pocket park to the east of this unit is preserved as well.
Staff finds that this criterion is met.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
The location of this unit is in an area where vehicle access to the south is not intended.
Vehicular access to the residential units of Vail Village Inn Phase III comes from S.
Frontage Road and is not proposed to change. Pedestrian access is preserved both
from the east and west.
Staff finds that this criterion is met.
8. Landscaping: Functional and aesthetic landscaping and open space in order
to optimize and preserve natural features, recreation, views and function.
Landscaping for this conversion is being altered, however the amount of proposed
landscaping is being preserved along pedestrian areas. It is not anticipated that this
proposal will result in any reduction of landscaping views or function.
Staff finds that this criterion is met.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
As this is a proposal for an amendment to the existing SDD #6, this criterion is not
applicable to this application.
Staff finds that this criterion is met.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section Vll of this memorandum and
the evidence and testimony presented, the Community Development Department
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Town of Vail Page 12
recommends the Planning and Environmental Commission forward a
recommendation of approval with a condition to the Vail Town Council for a major
amendment to Special Development District (SDD) No. 6, Vail Village Inn, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to convert a commercial
unit into a residential unit, located at 68 East Meadow Drive, Unit 603/ Vail Village Filing
1, Lot O, Block 5D.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval with a condition, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval with a condition to the Vail Town Council for a major amendment to
Special Development District (SDD) No. 6, Vail Village Inn, pursuant to Section
12-9A-10, Amendment Procedures, Vail Town Code, to convert a commercial
unit into residential space located at 68 East Meadow Drive, Unit 603/ Vail
Village Filing 1, Lot O, Block 5D, and setting forth details in regard thereto”.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval with a condition, the Community Development
Department recommends the Commission applies the following condition:
1. Approval is contingent upon the applicant obtaining Town of Vail Design Review
Board approval for the proposed exterior improvements.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval with a condition, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outline in Section Vll of the Staff
memorandum to the Planning and Environmental Commission dated May 24th,
2021, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the SDD does comply with the standards listed in subsection A of this
section; and
2. That the SDD is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD does promote the health, safety, morals, and general welfare of
the town and promote the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest
quality.”
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Town of Vail Page 13
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant Narrative
C. Project Plan Set
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P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
M ay 24, 2021, 1:00 P M
Virtual
75 S. F rontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_QJ ybkNzgQ2eMGMYxH6F E0g
After registering, you will receive a confirmation email containing
information about joining the webinar.
1.2.Attendance
Present: Ludwig Kurz, Karen Perez, Brian Gillette, Rollie Kjesbo, Reid
Phillips, Pete Seibert, Henry Pratt
Absent: None
2.Main Agenda
2.1.A request for the review of a major amendment to Special Development
District (S D D) No. 6, Vail Village I nn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to convert a commercial unit into
residential space, located at 68 East Meadow Drive, Unit 603/ Vail Village
Filing 1, Lot O, Block 5D, and setting forth details in regard thereto.
(P E C21-0021)
30 min.
Applicant:RAW A H Partners LLC, represented by Mauriello Planning
Group
Planner:Erik Gates
1. Approval is contingent upon the applicant obtaining Town of Vail
Design Review Board approval for the proposed exterior
improvements.
Planner Gates gives a short overview of the site and the proposal. The
application is to turn a ground floor commercial area into residential area.
There are two residential units above that would split the space and add the
ground floor level to their units.
Allison Kent from Mauriello Planning Group is present.
No Public Comment.
Commissioner Pratt stated his concern over the loss of additional
commercial space within the Town.
Rollie Kjesbo moved to recommend approval with conditions. Reid Phillips
seconded the motion and it passed (6-1).
Ayes:(6)Gillette, Kjesbo, Kurz, Perez, Phillips, Seibert
Nays:(1)Pratt
June 15, 2021 - Page 189 of 191
3.Approval of Minutes
3.1.May 10, 2021 P E C Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (6-0).
Abstain:(1)Seibert
4.Adjournment
Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it
passed (7-0).
The applications and information about the proposals are available for public inspec tion during regular offic e hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project
orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the
Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
June 15, 2021 - Page 190 of 191
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Adjournment 9:40 pm (estimate)
June 15, 2021 - Page 191 of 191