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HomeMy WebLinkAbout2022-12-06 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Proclamations 3.1 Proclamation No. 10, Series of 2022 "WhoVail Day"10 min. Approve Proclamation No. 10, Series of 2022. Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail; Jonathan Reap, Director of Sales and Marketing Four Seasons Resort and Residences Vail; and the Grinch Background: This holiday season will celebrate the 8th anniversary of the tradition to the twist of the story, “How the Grinch Stole Christmas". 4.Consent Agenda (10 min.) 4.1 Resolution No. 55, Series of 2022, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2023 through December 31, 2023 Approve, approve with amendments or deny Resolution No. 55, Series of 2022 Background: Please see attached memo. 4.2 Resolution No. 56, Series of 2022, IGA with Avon and Eagle Sheriff's Department for SWAT Bot Approve, approve with amendments or deny Resolution No. 56, Series of 2022. VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers 6:00 PM, December 6, 2022 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Proclamation No. 10 - Series of 2022 WhoVailDay.pdf 2023_VLMD_BudgetTOV.pdf 1 Background: The Town wishes to enter into an agreement with Avon and the Eagle County Sheriff's Office regarding the purchase and shared use of a robot with critical public safety- related capabilities. 4.3 Resolution No. 58, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Vail East Lodging Condominium, Unit 22, 4073 Spruce Way, Vail, CO 81657 Approve Resolution No. 58, Series of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Vail East Lodging Condominium, Unit 22, 4073 Spruce Way, Vail, CO 81657 in the amount of, and not to exceed, $480,000, plus closing costs. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Availability of adequate housing remains a primary barrier to acceptance of employment offers for the Town of Vail. 4.4 Resolution No. 59, Series of 2022, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and State of Colorado Department of Public Health and Environment ("CDPHE") Regarding Grant Funds for Stormwater Improvements Approve, approve with amendments or deny Resolution No. 59, Series of 2022. Background: The Town wishes to enter into an agreement with the CDPHE to receive grant funds in the amount or $272,109 for certain stormwater improvements including the installation of inlet filtration devices in stormwater inlets to capture sediment and trash in areas of Vail Village and Lionshead Village. 4.5 Contract Award to Frog Creek Partners for the Purchase and Installation of Stormwater Treatment Devices in Vail and Lionshead Villages Approve, approve with changes, or deny request to enter into contract. Resolution No. 56 Series of 2022 Robot IGA.pdf Police Robot IGA-A111022.pdf Resolution No. 58 Series of 2022 Vail East Lodging Unit #22 08162022.pdf 4073 Spruce Way # 22 CONTRACT TO BUY AND SELL REAL ESTATE - EXECUTED Contract.pdf Resolution No. 59 Series of 2022 CDPHE GRANT_.pdf Intergovernmental Contract Template_Cover Page Main Body (1).pdf 2 Background: Colorado Department of Health and Environment (CDPHE) has awarded Town of Vail $272,109 in grant funds for the installation of between 270 and 280 Frog Creek Gutter Bin stormwater treatment devices in Vail Village and Lionshead Village. Town of Vail plans to roll $220,000 in Water Quality Infrastructure funds from the 2022 budget in March of 2023 to meet the match for the grant award. Staff Recommendation: Direct the Town Manager to enter into the Professional Services Agreement with Frog Creek Partners for the purchase and installation of stormwater treatment devices. 4.6 Contract award to the Vail Valley Foundation for the production of the April concert Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney, with the Vail Valley Foundation to produce the April Concert Series, in an amount not to exceed $250,000. Background: Please see attached memo. 4.7 Contract award to Golden Peak Productions for the Vail Après Monthly Concert Series Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney, with Golden Peak Productions to produce the Vail Après Monthly Concert Series, in an amount not to exceed $150,000. Background: Please see attached memo. 4.8 Contract Award to Gillig for Replacement Transit Buses Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney to purchase two Gillig Lowfloor 42’ battery electric buses this year to take delivery in an amount not to exceed $2,020,762.00. Background: The Town of Vail owns and operates 33 transit buses. The buses are on a 12-year replacement plan, which is consistent with FTA requirements that a transit bus be designed and operate for a minimum of 12 years. The manufacturer is stating that current order build dates are out to 2024 due to supply chain issues that are affecting everyone. The bus replacement plan has two buses to be replaced in 2024 that will be battery electric. 5.Town Manager Report (10 min.) 5.1 Council Matters and Status Report 6.Presentations/Discussion ProfessionalServices Agreement Frog Creek Partners December 2022.pdf Council Memo - April Concert Proposal Review and Recommendation.pdf Council Memo - Monthly Village Concert Proposal Review and Recommendation.pdf Town Council Bus Replacment Memorandum 051722.pdf 221206 Matters.pdf 3 6.1 Vail Mountain Update (10 min.) Presenter: Beth Howard, Chief Operating Officer, Vail Mountain 6.2 Timber Ridge Update 30 min. Listen to presentation and provide feedback. Presenter(s): George Ruther, Housing Director Background: This worksession is intended to be one of many meetings with the Vail Town Council, the Vail Local Housing Authority, and the Vail community as the Housing Department and Triumph Development West begin breaking down what will be a long list of topics for discussion and decision-making with regard to the redevelopment of Timber Ridge. 7.Action Items 7.1 Resolution No. 57, Series of 2022, A Resolution Concerning Appointments to the Eagle Valley Transportation Authority Board 15 min. Appoint ________________ as the Town of Vail Regional Transit Authority representative. Appoint ________________ as the Town of Vail Regional Transit Authority alternate representative. Presenter(s): Greg Hall, Public Works and Transportation Director Background: Pursuant to Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended, the Eagle Valley Transportation Authority was formed on November 9, 2022 by an Intergovernmental Agreement including the Town of Vail and pursuant to Article 3 of the Intergovernmental Agreement, each Member of the Authority shall appoint a Director and an alternate Director to the Board of Directors. 7.2 Ordinance No. 23, Series of 2022, First Reading, An Ordinance Repealing and Reenacting Chapter 13 of Title 5 of the Vail Town Code, Regarding Carryout Bag Requirements and Fees 20 min. Approve, approve with amendments or deny Ordinance No. 23, Series of 2022 upon first reading. Presenter(s): Beth Markham, Environmental Sustainability Manager Background: On July 6, 2021, Governor Jared Polis signed HB21-1162, the Plastic Pollution Reduction Act (PPRA) into law. Following business and community outreach and Town Council input staff developed and refined recommendations for changes to Town of Vail Code Title 5, Chapter 13 regarding Timber Ridge Development memorandum 12062022.pdf TOV town council TR 2 presentation 12-6-22.pdf 221206 RTA Board.pdf Res. 57 RTA Board Designation.pdf IGA Eagle Valley Transportation Authority (Execution Version- Combined with Exhibits.pdf 4 disposable plastic bags to come into compliance with the PPRA. Ordinance No. 23, Series of 2022 incorporates the code updates. In preparation for the first reading of the ordinance, this memorandum and presentation provide an overview of revisions to recommendations since the last council update. 7.3 Ordinance No. 24, Series of 2022, First Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Residences at Main Vail Fund, Heavy Equipment Fund of the 2022 Budget for the Town of Vail, Colorado; and Authorizing the said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto 20 min. Approve, approve with amendments or deny Ordinance No. 24, Series of 2022 upon first reading. Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. 8.Public Hearings 8.1 Ordinance No. 20, Series of 2022, Second Reading, An Ordinance Amending Sections 7-12-2, 7-15-6, and 7-12-7 of the Vail Town Code Regarding Pedestrian Mall Areas in the Town 5 min. Approve, approve with amendments or deny Ordinance No. 20, Series of 2022 upon second reading. Presenter(s): Commander Ryan Kenney, Vail Police Department Background: On August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in the Town. That ordinance established a detailed fee calculation for the assessment of loading dock fees. To promote efficiency and consistency, the Town wishes to remove the detailed fee calculation from the Vail Town Code and instead place such information in the Town's fee schedule, modify the definitions and correct an erroneous reference to the Colorado Municipal Court Rules of Procedure and correct the language allowing High Volume Commercial Carriers into the village. This exemption will only apply to smaller box trucks and not freight vehicles. Freight will be diverted into the loading docks. 8.2 Ordinance No. 21, Series of 2022, Second Reading, An Ordinance Providing for the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2022 Tax Year and Payable in the 2023 Fiscal Year. 5 min. PPRA Ordinance No. 23, Series of 2022- Presentation- 120622.pdf PPRA_Ordinance_No._23_Series_of_2022_Memo-_120622.pdf Ordinance_No._23__Series_2022_-_O113022.pdf 221206 2022 4th Supp.pdf Loading_Dock_Amendment-O103122.pdf 5 Approve, approve with amendments or deny Ordinance No. 21, Series of 2022 upon second reading. Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. 8.3 Ordinance No. 22, Series of 2022, Second Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado for Its Fiscal Year January 1, 2023 through December 31, 2023. 15 min. Approve, approve with amendments or deny Ordinance No. 22, Series of 2022 upon second reading. Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. 9.Adjournment (8:40pm estimate) 120622_2023_Mill_Levy_2nd.pdf 2023 Budget 2nd ReadingPP.pdf 2023 TM Budget 2nd Reading.pdf Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 6 AGENDA ITEM NO. 3.1 Item Cover Page DATE:December 6, 2022 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Proclamation AGENDA SECTION:Proclamations SUBJECT:Proclamation No. 10, Series of 2022 "WhoVail Day" SUGGESTED ACTION:Approve Proclamation No. 10, Series of 2022. PRESENTER(S):Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail; Jonathan Reap, Director of Sales and Marketing Four Seasons Resort and Residences Vail; and the Grinch VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Proclamation No. 10 - Series of 2022 WhoVailDay.pdf 7 Proclamation No. 10, Series of 2022 A Proclamation Declaring December 9, 2022, as “WhoVail Day”! WHEREAS, this holiday season, we will celebrate the 8th anniversary of our tradition to the twist of the story, “How the Grinch Stole Christmas,” in that this season is not Whoville, it’s WhoVail! WHEREAS, Four Seasons Resort and Residences Vail will unveil a Dr. Seuss’ Whoville-inspired gingerbread house façade, as part of its holiday offerings for children and their families. The giant gingerbread house façade combined efforts from their staff and children from the community; WHEREAS, the gingerbread house façade was created and built by the talented carpenters and the Engineering team of Four Seasons Vail; WHEREAS, the gingerbread house façade will be made by the Resort’s Pastry chef, Braeden Gilbert, and decorated by the pastry team of Four Seasons Resort and Residences Vail with a guest appearance from The Grinch; WHEREAS, Vail Christian High School Choir will perform holiday carols for all to enjoy as part of the celebration; WHEREAS, the giant gingerbread house façade will be unveiled on Friday, December 9th, 2022 at 4pm, at the Four Seasons Resort and Residences Vail located at One Vail Road, symbolizing the beginning of the holiday season and providing an opportunity for all the community to come and enjoy; NOW, THEREFORE, BE IT PROCLAIMED by Mayor Kim Langmaid and the Town Council of the Town of Vail, Colorado, that Friday, December 9, will be recognized as “WHOVAIL Day” to be celebrated by all who in live and visit our community, Vail, Colorado. Dated this 6th day of December 2022. Vail Town Council Attest: __________________________ Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk 8 AGENDA ITEM NO. 4.1 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Carlie Smith, Finance ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Resolution No. 55, Series of 2022, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2023 through December 31, 2023 SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 55, Series of 2022 VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2023_VLMD_BudgetTOV.pdf 9 To: From: Date: Subject: Town Council Vail Local Marketing District December 6, 2022 Vail Local Marketing District 2023 Operating Plan and Budget I.BACKGROUND The Vail Local Marketing District approved the 2023 Operating Plan and Budget at the September 20th, 2022 meeting. Since then there have been no changes to the budget or current operating plan. The Vail Local Marketing District is responsible for marketing and promoting Vail to attract overnight destination guests primarily during the non-ski season timeframe, creating economic vitality by attracting guests who stay longer and spend more, thereby increasing sales tax and lodging tax revenues. Performance against these goals is measured through data, including occupancy, average daily rate, and lodging and sales tax revenues, especially during lower demand time periods. The VLMD has recently added a sustainability practices education campaign to protect and enhance Vail’s natural assets by educating guests regarding best practices for protecting the environment and embracing community values. II.PARTNER TRANSITION In fall of 2022, the VLMDAC published four Requests for Proposal for contract -specific scopes of work for agencies to support VLMD marketing. After carefully vetting the various proposals, the board chose to take a new direction in partnering with several vendors on the work of the VLMD. The following agencies were chosen to be the best fit for VLMD for 2023: Website Maintenance: Group 970, Minturn, Colorado Media: Miles Partnership, Denver, Colorado Content: Miles Partnership, Denver, Colorado The board chose our current creative agency Cactus to continue in 2023, However, Cactus declined the offer to return to the VLMD on this limited basis, ending a six year relationship. As a result, the VLMDAC will publish an RFP for creative agency in January 2023. Due to the additional scope and fee requirements of this partner transition, the VLMDAC intends to return to the VLMD in January to request a supplemental to facilitate a smooth transition from existing partners to new partners. The additional scope required for transition in the remainder of 2022 will be paid out of VLMD contingency. 10 Town of Vail Page 2 Repeated from the Operating Plan meeting on September 20th III. BUDGET DETAIL Beginning in March of 2021 lodging tax collections began to surpass expectations with record-setting month-over-month revenue collected. 2021 summer season collections (May-Oct) were up 59% compared to 2019 and November and December collections were up a combined 31%. Vail, like other mountain resort destinations, experienced increased visitation due to several factors including pent up demand for travel, however average daily rate (ADR) increases ranging between 23% and 48% month over month compared to 2019 helped drive record collections. This trend continued into winter of 2022 with January through April collections totaling $2.9M, up 49% compared to 2019. Summer 2022 (May through July) collections have begun to slow and are pacing 4.6% down compared to 2021, but are still up 52% compared to 2019. Conservatively, 2022 total lodging tax collections are forecasted at $5.4M based on year-to-date collections of $4.2M and the remainder of the year projected down 5% in October and November and December down 15%. Looking to 2023, there is uncertainty in the sustainability of higher ADRs and within the overall economy. Budgeted revenue from lodging tax collections is proposed at $4,500,000 for 2023. This is a 5% increase from the 2021 actual collections and a 16% decrease from the 2022 Amended Budget. Compared to the last year that was unaffected by the pandemic (2019), the 2023 budget is a 21% increase. Staff will continue to review and adjust revenue forecasts throughout the budget process. Proposed budgeted expenditures are $6,100,000 for 2023 .This includes a one-time $1.4M transfer from the fund balance to the town’s General Fund to support event funding ($1.2M) and initiatives related to the Destination Stewardship Management Plan ($200K). The remaining $4.7M will go toward annual marketing operations, programs, and initiatives. The $4.7M is a 1% decrease from the 2022 amended budget and a 29% increase from 2021 actual expenditures. Due to better-than-expected lodging tax collections combined with conservative spending the District’s fund balance increased by a combined $1.4M during 2020 and 2021. As included above, the VLMDAC has proposed to transfer this to the town’s General Fund to support signature special events and Steward Vail, Vail’s destination stewardship plan. The 2023 ending fund balance is projected to be $1,576,898 which is 35% of revenues and above Council’s directive of 25% of annual revenues. IV. 2023 OPERATING PLAN & BUDGET As the Vail Local Marketing District Advisory Council (VLMDAC) looks to the future, and in service of the VLMD’s overarching business goal, the VLMD’s 2023 strategic approach is guided by the same marketing priorities identified for 2022: ● Optimize Visitation: Target guests that stay longer, spend more and embrace Vail’s community values, in addition to targeting specific lower-demand times of the year with an emphasis on mid-week and shoulder seasons. ● Grow Database and Build the Relationships: Expand and improve the quality of the VLMD database, use data to understand the guest, enhance guest engagement and loyalty by optimizing content and 1:1 personalized messaging. ● Destination Stewardship: Protect Vail’s natural assets and resources, while elevating 11 Town of Vail Page 3 the guest and resident experience, supported by sustainability education and awareness and dedicated funding. ●Brand Positioning : In accordance with the town council action plan, position Vail as the Premier International Mountain Resort Community by reinvigorating the Vail brand through a campaign designed to provoke consumers to feel excited about and intrigued to visit Vail. Support partners and the community in delivering on the brand promise. Below outlines 2023 operating plan tactics as they relate to the Marketing Below outlines 2023 operating plan tactics as they relate to the Marketing Priorities. Shifts to Optimize Overnight Visitation In recognition of softening demand in lower demand periods, funding to support campaigns to drive overnight visitation during these periods has increased from 41% in 2022 to 51% in 2023. ● Funding for Groups stayed constant (12%) which includes direct sales, travel/tradeshows, industry memberships, site tour/FAM tours and event recruiting. Group sales efforts focus positioning Vail for a quick recovery when group and meeting business rebounds. ● Paid Media has been reduced in Destination markets (from 44% to 41%) while Fro nt Range markets increased (from 8% to 15%). o Front Range increased specifically to drive demand during off peak winter periods. o Destination digital and traditional media (TV / streaming) have also been reduced. ● Decreased investment (from 25% to 22%) in DiscoverVail.com, e-mail and customer relationship marketing and social media/influencer efforts. Following a concerted effort to achieve goals in these areas, funding has been accordingly decreased. Remaining funding Includes more robust year-round content, enhanced and monitored functionality, and optimized website maintenance. ● Mexico/International is flat (at 5%) with an in-market event, bringing back successful pre-COVID strategy and removing one-time research in 2022. ● Public Relations efforts were reduced (from 6% to 5%) after the one-time investment in the Travel Classics media conference in 2022, and including a return to a first quarter New York media tour. ● Contingency line item (from 7% to 5%) to support initiatives that may arise due to changing public health environment, climate challenges, and other unforeseen needs. Summary The VLMDAC believes the 2023 operating plan represents a positive shift by primarily focusing on driving visitation through paid media to more selectively target a high-value customer, one who stays longer and spends more. With a reinvigorated brand campaign, Vail is positioned to lead among its competitive set despite mounting concerns regarding the economy. The emphasis on expanding the database, using data to better understand our guests, enhancing guest engagement and loyalty by optimizing content and 1:1 personalized messaging will build a strong foundation for greater visitation and marketing efficiency. 12 Town of Vail Page 4 V.ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT The Vail Local Marketing District recommends that the Town Council approve the 2023 Operating Plan and budget of $6,100,000. 13 2021 Actuals 2022 Budget 2022 Amended Budget 2023 Proposed Budget Income Lodging Tax 4,271,879 3,825,000 5,350,000 4,500,000 PY Lodging Tax 4,850 - - - Interest Income 281 1,000 1,000 1,000 Misc. Income 2,970 - - - Total Income 4,279,980 3,826,000 5,351,000 4,501,000 Expense Destination 943,457 835,000 880,027 990,000 International 44,090 56,000 100,000 120,500 Front Range 449,774 218,500 158,473 355,000 Groups and Meetings 201,894 265,000 265,000 300,705 Public Relations Expenses 98,000 177,000 122,000 119,000 Content/Influencer Strategy 50,149 88,000 102,000 125,500 Photography / Video 158,752 240,000 255,975 224,475 Research 64,218 143,000 164,250 78,050 Web Site 173,449 213,300 272,650 412,750 Admin Miscellaneous 4,663 8,000 8,000 8,000 Email Marketing 14,003 94,640 152,540 195,000 Branding 564,936 479,500 600,739 575,150 Contingency - 130,760 232,760 250,000 Destination Stewardship Mgmt Plan - 100,000 100,000 - Database Warehousing and Research 421,969 591,300 721,550 361,095 In-Market Marketing 2,982 105,000 155,000 60,000 Professional Fees Legal and Accounting 25,000 25,000 25,000 32,000 Lodging Liaison 43,175 48,000 48,000 48,000 Advertising Agent Fees 191,000 160,000 170,000 166,000 Marketing Coordination-TOV 95,000 120,000 120,000 143,000 Marketing Coordination-VVP 37,500 41,500 41,500 45,275 Professional Fees - MYPR 38,917 60,500 190,500 90,500 Total Professional Fees 430,592 455,000 595,000 524,775 Total Expense 3,647,926 4,200,000 4,885,964 4,700,000 Revenue over (Under) Expenditures 632,053 (374,000) 465,036 (199,000) Transfer to General Fund - - - 1,400,000 Beginning Fund Balance 2,078,809 2,710,862 2,710,862 3,175,898 Ending Fund Balance 2,710,862 2,336,862 3,175,898 1,576,898 Fund Balance (25% required) 63% 55% 59% 35% VAIL LOCAL MARKETING DISTRICT 2023 PROPOSED BUDGET SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE 14 Resolution No. 55, Series of 2022 RESOLUTION NO. 55 SERIES OF 2022 A RESOLUTION APPROVING THE OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the operating plan the Vail Local Marketing District (the “VLMD”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2023, and ending on the 31st day of December, 2023. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of December 2022. ___________________________________ Kim Langmaid, Town Mayor Attested: _________________________ Stephanie Bibbens, Town Clerk 15 AGENDA ITEM NO. 4.2 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Resolution No. 56, Series of 2022, IGA with Avon and Eagle Sheriff's Department for SWAT Bot SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 56, Series of 2022. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 56 Series of 2022 Robot IGA.pdf Police Robot IGA-A111022.pdf 16 RESOLUTION NO. 56 Series of 2022 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, THE TOWN OF AVON, ("Avon") AND EAGLE COUNTY SHERIFF’S OFFICE ("ECSO") FOR THE PURCHASE AND SHARED USE OF A ROBOT WITH CRITICAL PUBLIC SAFETY RELATED CAPABILITIES WHEREAS, the Town wishes to enter into an agreement with Avon and the ECSO regarding the purchase and shared use of a robot with critical public safety-related capabilities, in the form attached hereto as Exhibit A, incorporated herein and made a part hereof by this reference (the “IGA”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of December, 2022. _________________________ Kimberly Langmaid, Town Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 17 1 11/30/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\POLICE ROBOT IGA-A111022.DOCX INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this ______ day of ____________ 2022 (the "Effective Date"), by and among the TOWN OF VAIL, a Colorado home rule municipality ("Vail"); the TOWN OF AVON, a Colorado home rule municipality ("Avon"); and the EAGLE COUNTY SHERIFF’S OFFICE ("ECSO") (each a "Party" and collectively the "Parties"). WHEREAS, Vail and Avon are Colorado municipalities organized and operated pursuant to their respective home rule charters and Colorado law, each of which operates a police department; WHEREAS, ECSO is the law enforcement department of Eagle County; WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. §§ 29-1-203 and 32-1-1001, the Parties may enter into agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; WHEREAS, the Parties now desire to purchase and share use of a robot with critical public safety-related capabilities (the "Robot"); WHEREAS, the Parties are willing to contract for one consolidated purchase of the Robot, on behalf of all the Parties, subject to reimbursement by each Party for its share of the Robot as set forth herein; and WHEREAS, each Party hereto has determined it to be in the best interests of its respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Cooperation. The Parties shall cooperate on the purchase, storage and use of the Robot, pursuant to Exhibit A, attached hereto and incorporated herein by this reference. 2. Payment. Within 30 days of the Effective Date, each Party shall remit payment to Vail for its share of the cost of the Robot, as follows: Vail - $32,500 Avon - $32,250 (after a $250 down payment made separately) ECSO - $32,500 18 2 11/30/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\POLICE ROBOT IGA-A111022.DOCX 3. Miscellaneous. a. Notices. All notices shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by U.S. mail, postage prepaid, addressed as follows. Vail: Dwight Henninger Chief of Police 75 South Frontage Road Vail, CO 81657 ECSO: 885 Chambers Ave. Eagle, CO 81631 Avon: 60 Buck Creek Rd. Avon, CO 81620 b. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. c. Integration. This Agreement represents the entire agreement among the Parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. d. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. e. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. f. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. g. No Third-Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. h. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties and nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners. In no event shall any Party or its employees or its representatives be considered or authorized to act as employees or agents of any other Party. 19 3 11/30/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\POLICE ROBOT IGA-A111022.DOCX i. Force Majeure. No Party shall be liable for a failure to perform as required by this Agreement to the extent such failure to perform is caused by a reason beyond the control of that Party or by reason of any of the following occurrences, whether or not caused by such Party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences. j. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of any Party under this Agreement is specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of any Party within any statutory or constitutional provision. k. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities any Party or its officials, representatives, attorneys or employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Kim Langmaid, Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk EAGLE COUNTY SHERIFF'S OFFICE ________________________________ James Van Beek, Sheriff ATTEST: _____________________________ 20 4 11/30/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\POLICE ROBOT IGA-A111022.DOCX TOWN OF AVON ________________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Miguel Jauregui, Town Clerk 21 5 11/30/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\POLICE ROBOT IGA-A111022.DOCX EXHIBIT A SCOPE OF SERVICES 22 AGENDA ITEM NO. 4.3 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Resolution No. 58, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Vail East Lodging Condominium, Unit 22, 4073 Spruce Way, Vail, CO 81657 SUGGESTED ACTION:Approve Resolution No. 58, Series of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Vail East Lodging Condominium, Unit 22, 4073 Spruce Way, Vail, CO 81657 in the amount of, and not to exceed, $480,000, plus closing costs. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 58 Series of 2022 Vail East Lodging Unit #22 08162022.pdf 4073 Spruce Way # 22 CONTRACT TO BUY AND SELL REAL ESTATE - EXECUTED Contract.pdf 23 RESOLUTION NO. 58 SERIES OF 2022 A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY KNOWN AS VAIL EAST LODGING CONDOMOINIUM, UNIT 22, 4073 SPRUCE WAY, VAIL, COLORADO 81657 WHEREAS, Collins Family Realty Trust (“Owner”) is the owner of certain real property described as Vail East Lodging Condominium, Unit 22, 4073 Spruce Way, Vail Colorado 81657 (the “Property”); and WHEREAS, the Town wishes to purchase the Property from Owner subject to the terms of the Contract to Buy and Sell Real Estate, attached here to 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: Section 1. The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney and authorizes the appropriations of the funds necessary to complete the real estate transaction. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of December, 2022. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 24 Date: 11/23/2022 Berkshire Hathaway HomeServices Colorado Properties Danean Boukather Ph: 970-476-2482 Fax: 970-476-6499 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS1-6-21) (Mandatory 1-22) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) AGREEMENT 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract). 2. PARTIES AND PROPERTY. 2.1. Buyer. Town Of Vail (Buyer) will take title to the Property described below as Joint Tenants Tenants In Common Other TBD. 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 2.3. Seller. Collins Family Realty Trust (Seller) is the current owner of the Property described below. 2.4. Property. The Property is the following legally described real estate in the County of Eagle, Colorado (insert legal description): BLDG 4 Subdivision: VAIL EAST LODGING Unit: 2-L known as: 4073 Spruce Way , 22 Vail, CO 81657 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including 0 remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water Softeners Security Systems Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.7. (Leased Items). If any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase Price. 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 1 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 25 included in the Purchase Price: Microwave/Hood Combo; Range; Refrigerator If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal property outside of this Contract. 2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at Closing by Seller free and clear of all taxes (except personal property and general real estate taxes for the year of Closing), liens and encumbrances, except: n/a 2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities: 2 Assigned parking spaces; and the use or ownership of the following storage facilities: All those are on record. Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate. 2.5.7. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer at Closing (Leased Items): n/a 2.6. Exclusions. The following items are excluded (Exclusions): n/a 2.7. Water Rights/Well Rights. 2.7.1. Deeded Water Rights. The following legally described water rights: n/a Any deeded water rights will be conveyed by a good and sufficient n/a deed at Closing. 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 2.7.4., will be transferred to Buyer at Closing: n/a 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is n/a. 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: n/a 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), § 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 2.7.6. Water Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Water Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline. 3. DATES, DEADLINES AND APPLICABILITY. 3.1. Dates and Deadlines. Item No.Reference Event Date or Deadline 1 § 3 Time of Day Deadline n/a 2 § 4 Alternative Earnest Money Deadline 5 Day`s after MEC CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 2 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 26 Friday Friday Friday Friday Monday Friday Monday Monday Monday Monday Tuesday Friday Monday Monday Monday Friday Title 3 § 8 Record Title Deadline (and Tax Certificate)12/2/2022 4 § 8 Record Title Objection Deadline 12/9/2022 5 § 8 Off-Record Title Deadline 12/2/2022 6 § 8 Off-Record Title Objection Deadline 12/9/2022 7 § 8 Title Resolution Deadline 12/12/2022 8 § 8 Third Party Right to Purchase/Approve Deadline 12/9/2022 Owners' Association 9 § 7 Association Documents Deadline 12/5/2022 10 § 7 Association Documents Termination Deadline 12/5/2022 Seller's Disclosures 11 § 10 Seller’s Property Disclosure Deadline 12/5/2022 12 § 10 Lead-Based Paint Disclosure Deadline 12/5/2022 Loan and Credit 13 § 5 New Loan Application Deadline 14 § 5 New Loan Terms Deadline 15 § 5 New Loan Availability Deadline 16 § 5 Buyer’s Credit Information Deadline 17 § 5 Disapproval of Buyer’s Credit Information Deadline 18 § 5 Existing Loan Deadline 19 § 5 Existing Loan Termination Deadline 20 § 5 Loan Transfer Approval Deadline 21 § 4 Seller or Private Financing Deadline Appraisal 22 § 6 Appraisal Deadline 23 § 6 Appraisal Objection Deadline 24 § 6 Appraisal Resolution Deadline Survey 25 § 9 New ILC or New Survey Deadline 26 § 9 New ILC or New Survey Objection Deadline 27 § 9 New ILC or New Survey Resolution Deadline Inspection and Due diligence 28 § 2 Water Rights Examination Deadline 29 § 8 Mineral Rights Examination Deadline 30 § 10 Inspection Termination Deadline 12/13/2022 31 § 10 Inspection Objection Deadline 12/9/2022 32 § 10 Inspection Resolution Deadline 12/12/2022 33 § 10 Property Insurance Termination Deadline 12/12/2022 34 § 10 Due Diligence Documents Delivery Deadline 12/5/2022 35 § 10 Due Diligence Documents Objection Deadline 12/9/2022 CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 3 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 27 Monday Monday Wednesday Wednesday Saturday 480,000.00 25,000.00 36 § 10 Due Diligence Documents Resolution Deadline 12/12/2022 37 § 10 Conditional Sale Deadline 38 § 10 Lead-Based Paint Termination Deadline 12/12/2022 Closing and Possession 39 § 12 Closing Date 12/21/2022 40 § 17 Possession Date 12/21/2022 41 § 17 Possession Time Delivery of deed 42 § 27 Acceptance Deadline Date 11/26/2022 43 § 27 Acceptance Deadline Time 12:00 PM (MST) 44 n/a n/a 45 n/a n/a Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured or VA guaranteed loans. 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of “None”, such provision means that “None” applies. The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The abbreviation “N/A” as used in this Contract means not applicable. 3.3. Day; Computation of Period of Days; Deadlines. 3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline is specified in § 3.1. (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded and the last day is included. 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 4. PURCHASE PRICE AND TERMS. 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 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 n/a n/a $ CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 4 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 28 455,000.00 480,000.00 480,000.00 8 n/a n/a $ 9 § 4.4.Cash at Closing $ 10 Total $$ 4.2. Seller Concession. At Closing, Seller will credit to Buyer $0 (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a Wire Transfer, will be payable to and held by Sellers choice of Title Company (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money Release form), within three days of Buyer’s receipt. 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer default. 4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default. 4.4. Form of Funds; Time of Payment; Available Funds. 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 4.5. New Loan. (Omitted as inapplicable) 4.6. Assumption. (Omitted as inapplicable) 4.7. Seller or Private Financing. (Omitted as inapplicable) CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 5 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 29 TRANSACTION PROVISIONS 5. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable) 5.3. Credit Information. (Omitted as inapplicable) 5.4. Existing Loan Review. (Omitted as inapplicable) 6. APPRAISAL PROVISIONS. 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3., or if a cash transaction (i.e., no financing), § 6.2.1. applies. 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline: 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification). 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting forth the appraised value of the Property of not less than $n/a. The purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself/themselves that the price and condition of the Property are acceptable. 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the satisfaction of the Lender Property Requirements is waived in writing by Buyer. CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 6 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 30 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest Communities and subject to one or more declarations (Association). 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. 7.3. Association Documents. Association documents (Association Documents) consist of the following: 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed (Association Insurance Documents); 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the Association’s community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of all assessments required to be paid in advance, reserves CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 7 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 31 or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 7.3.5., collectively, Financial Documents); 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2. (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common elements or limited common elements of the Association property. 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 8.1. Evidence of Record Title. 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other n/a. Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.7. (Right to Object to Title, Resolution). 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title Documents). 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 8 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 32 documents required in this Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1. (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2. (Record Title) and § 13 (Transfer of Title), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing districts that affect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may terminate, on or before Record Title CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 9 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 33 Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Tax Certificate and the inclusion of the Property in a special taxing district, if applicable, as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for by Seller. 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Special Taxing District) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or terminate based on any such title matter, on or before the applicable deadline, Buyer has the following options: 8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the applicable documents; or 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various laws and governmental regulations concerning land use, development and environmental matters. 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 10 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 34 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance policy. 8.9. Mineral Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Mineral Rights is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline. 9. NEW ILC, NEW SURVEY. 9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) New Survey in the form of n/a; is required and the following will apply: 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or: n/a 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) and n/a will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13: 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). DISCLOSURE, INSPECTION AND DUE DILIGENCE CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 11 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 35 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF WATER. 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline , Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery of an Inspection Objection to Seller pursuant to § 10.3.2.; or 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer requires Seller to correct. 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by executing an Earnest Money Release. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed pursuant to an Inspection Resolution. 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 12 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 36 and information pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): n/a 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased Items) will be transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the Seller’s obligations under such leases for the Leased Items (§ 2.5.7., Leased Items). 10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered pursuant to § 2.5.4. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions). 10.6.1.4. Other Documents. Other documents and information: n/a 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as None. Buyer has the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 10.10. Lead-Based Paint. 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate licensees must sign and deliver to Buyer a completed Lead-Based CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 13 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 37 Paint Disclosure (Sales) form on or before the Lead-Based Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely receive the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer’s test results that indicate the Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State 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 the test. 11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted] Closing Provisions 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at an earlier date. At Closing, Seller agrees to deliver a set of keys for the Property to Buyer. The hour and place of Closing will be as designated by Title Company. 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 14 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 38 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer must assume Seller’s obligations under such Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such leases for the Leased Items accepted by Buyer pursuant to § 2.5.7. (Leased Items). 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing: special warranty deed general warranty deed bargain and sale deed quit claim deed personal representative’s deed n/a deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient special warranty deed to Buyer, at Closing. Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND WITHHOLDING. 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for any of the fees contained in this Section, the fees will be paid for by Seller. 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller Other n/a. 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees associated with or specified in the Status Letter will be paid as follows: 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than Association Assessments as defined in § 16.2. (Association Assessments), reserves or working capital due at Closing must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $n/a for: Water Stock/Certificates Water District CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 15 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 39 Augmentation Membership Small Domestic Water Company n/a and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.9. FIRPTA and Colorado Withholding. 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled veteran exemption or Other n/a 16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in writing of such transfer and of the transferee’s name and address. 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and n/a 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in Additional Provisions. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and n/a Association Assessments are subject to change as provided in the Governing Documents. 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, subject to the Leases as set forth in § 10.6.1.1. and, if applicable, any Post-Closing Occupancy Agreement. CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 16 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 40 If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $ 300.00 per day (or any part of a day notwithstanding § 3.3., Day) from Possession Date and Possession Time until possession is delivered. Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then Buyer Does Not represent that Buyer will occupy the Property as Buyer’s principal residence. If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement. General Provisions 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 17 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 41 complies with this Contract. 18.5. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that their respective broker has advised that this Contract has important legal consequences and has recommended: (1) legal examination of title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must be complied with. 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party has the following remedies: 20.1. If Buyer is in Default: 20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the Parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 20.2. If Seller is in Default: 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or repairs required under this Contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such failures to perform under this Contract after Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this Contract are reserved and survive Closing. 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 18 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 42 agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that party’s last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section will not alter any date in this Contract, unless otherwise agreed. 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract. 24. TERMINATION. 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. 24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely returned to Buyer, the parties are relieved of all obligations hereunder, subject to §§ 10.4. and 21. 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract. 26. NOTICE, DELIVERY AND CHOICE OF LAW. 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in § 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not Broker or Brokerage Firm) at the CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 19 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 43 electronic address of the recipient by facsimile, email or Internet/electronic signatures. 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability Due Diligence and Source of Water. ADDITIONAL PROVISIONS AND ATTACHMENTS 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 1. This Contract to Buy and Sell Real Estate is conditioned and contingent upon the Vail Town Council granting authorization to proceed with the purchase of the Property described in Section 1, subject to the terms of the Contract. Authorization to proceed shall be by consideration of a Vail Town Council Resolution on December 6, 2022." and "Section 15.4. Local Transfer Tax: The buyer, The Town of Vail, agrees to forgo the 1% Town of Vail Transfer Tax on the sale of this property. Both Buyer and Seller shall have no obligation to pay the 1% Town of Vail Transfer Tax at the time of closing. 30. OTHER DOCUMENTS. 30.1. Documents Part of Contract. The following documents are a part of this Contract: 30.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 the Post-Closing Occupancy Agreement is a part of this Contract. n/a 30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: n/a Signatures CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 20 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 44 Date:11/25/2022 Buyer: Town Of Vail By: Russell Forrest, Town Manager [NOTE: If this offer is being countered or rejected, do not sign this document.] Date:11/26/2022 Seller: Collins Family Realty Trust Address:75 Rocky Point Rd BARRINGTON NH 03825 Phone: Fax: Email Address: END OF CONTRACT TO BUY AND SELL REAL ESTATE BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. A. 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 § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Buyer. See § B for Broker’s brokerage relationship with Seller. Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Firm Buyer Other Berkshire Hathaway Home Services Colorado Properties. This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Berkshire Hathaway HomeServices Colorado Properties Brokerage Firm’s License #: EC 28210 CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 21 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 45 Date:11/23/2022 Broker’s Name: Danean Boukather Broker’s License #: FA100000608 Address: 511 E Lionshead Cir Vail, CO 81657 Ph:970-476-2482 Fax: 970-476-6499 Email Address: danean@bhhsvail.net B. 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 § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Seller. See § A for Broker’s brokerage relationship with Buyer. Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Brokerage Firm’s License #: EC 28210 Broker’s Signature ________________________________________ Date: ______________ Broker’s License #: FA40040352 Address: , Ph: Fax: Email Address: CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) CTM eContracts - ©2022 MRI Software LLC - All Rights Reserved CBS1-6-21. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 22 of 22 11/28/2022 9:43:31 AM CTMeContracts.com - ©2022 CTM Software Corp. 46 AGENDA ITEM NO. 4.4 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Pete Wadden, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Resolution No. 59, Series of 2022, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and State of Colorado Department of Public Health and Environment ("CDPHE") Regarding Grant Funds for Stormwater Improvements SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 59, Series of 2022. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 59 Series of 2022 CDPHE GRANT_.pdf Intergovernmental Contract Template_Cover Page Main Body (1).pdf 47 RESOLUTION NO. 59 Series of 2022 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (“CDPHE”) REGARDING GRANT FUNDS FOR STORMWATER IMPROVEMENTS WHEREAS, Town wishes to enter into an agreement with the CDPHE to receive grant funds in the amount or $272,109 for certain stormwater improvements including the installation of inlet filtration devices in stormwater inlets to capture sediment and trash in areas of Vail Village and Lionshead Village, generally in the form attached hereto as Exhibit A, incorporated herein and made a part hereof by this reference (the “IGA”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of December, 2022. _________________________ Kimberly Langmaid, Town Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 48 2023*2939 Page 1 of 23 OSC 0919_CDPHE 02.16.22 STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT INTERGOVERNMENTAL AGREEMENT SIGNATURE AND COVER PAGE(S) State Agency Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246 Contractor Town of Vail 75 South Frontage Road Vail, Colorado 81657 Original Contract Number 2023*2939 Contract Performance Beginning Date The later of the Effective date or November 28, 2022 Contract Maximum Amount Initial Term 11/28/2022-01/12/2027 $ 272,109.00 Contract Maximum Amount $272,109.00 Contract Expiration Date January 12, 2027 Except as stated in §2.D., the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date. Pricing/Funding Price Structure: Cost Reimbursement Contractor Shall Invoice: Quarterly Funding Source: Federal $ 200,000.00 State $ 72,109.00 Miscellaneous Authority to enter into this Contract exists in: CRS 25-1.5-101 - CRS 25-1.5-113 Law-Specified Vendor Statute (if any): n/a Procurement Method: RFA Solicitation Number (if any): 35752 State Representative Tamara Allen Restoration and Protection Unit Manager Water Quality Control Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 Contractor Representative Pete Wadden Watershed Education Coordinator Town of Vail 75 South Frontage Road Vail, Colorado 81657 Exhibits The following Exhibits and Attachments are attached and incorporated into this Contract: Exhibit A, Additional Provisions Exhibit B, Statement of Work Exhibit C, Budget Exhibit D, Federal Provisions Contract Purpose This project will install inlet filtration devices in stormwater inlets to capture sediment and trash in areas of Vail Village and Lionshead Village. 49 AGENDA ITEM NO. 4.5 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Pete Wadden, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Contract Award to Frog Creek Partners for the Purchase and Installation of Stormwater Treatment Devices in Vail and Lionshead Villages SUGGESTED ACTION:Approve, approve with changes, or deny request to enter into contract. STAFF RECOMMENDATION:Direct the Town Manager to enter into the Professional Services Agreement with Frog Creek Partners for the purchase and installation of stormwater treatment devices. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: ProfessionalServices Agreement Frog Creek Partners December 2022.pdf 50 1 11/30/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/GORE CREEK WATER QUALITY IMPROVEMENTS/RESTORE THE GORE! PW/GRANTS/NPS GRANT 2022/CONTRACTING/PROFESSIONALSERVICES AGREEMENT FROG CREEK PARTNERS DECEMBER 2022.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this _____ day of December, 2022 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657, (the "Town"), and and Frog Creek Partners, a business that specializes in stormwater filtration, 800 West Yellowstone Highway, Casper, WY 82601, ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. 51 2 11/30/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/GORE CREEK WATER QUALITY IMPROVEMENTS/RESTORE THE GORE! PW/GRANTS/NPS GRANT 2022/CONTRACTING/PROFESSIONALSERVICES AGREEMENT FROG CREEK PARTNERS DECEMBER 2022.DOCX III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $$420,000.00. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Ag reement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. D. Contractor shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ord inances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, ha ndling, removal, remediation or investigation of a Hazardous Material; and the protection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, in effect now or anytime hereafter. V. OWNERSHIP 52 3 11/30/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/GORE CREEK WATER QUALITY IMPROVEMENTS/RESTORE THE GORE! PW/GRANTS/NPS GRANT 2022/CONTRACTING/PROFESSIONALSERVICES AGREEMENT FROG CREEK PARTNERS DECEMBER 2022.DOCX Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor; provided that Contractor shall have no liability for any work that has been modified by the Town. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that t is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. 53 4 11/30/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/GORE CREEK WATER QUALITY IMPROVEMENTS/RESTORE THE GORE! PW/GRANTS/NPS GRANT 2022/CONTRACTING/PROFESSIONALSERVICES AGREEMENT FROG CREEK PARTNERS DECEMBER 2022.DOCX In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. 54 5 11/30/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/GORE CREEK WATER QUALITY IMPROVEMENTS/RESTORE THE GORE! PW/GRANTS/NPS GRANT 2022/CONTRACTING/PROFESSIONALSERVICES AGREEMENT FROG CREEK PARTNERS DECEMBER 2022.DOCX D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement , debt or liability beyond the current fiscal year. L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. 55 6 11/30/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/GORE CREEK WATER QUALITY IMPROVEMENTS/RESTORE THE GORE! PW/GRANTS/NPS GRANT 2022/CONTRACTING/PROFESSIONALSERVICES AGREEMENT FROG CREEK PARTNERS DECEMBER 2022.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forrest, Town Manager ATTEST: __________________________________ Stephanie Bibbens, Town Clerk CONTRACTOR By: ________________________________ STATE OF WYOMING ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2022, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 56 7 11/30/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/GORE CREEK WATER QUALITY IMPROVEMENTS/RESTORE THE GORE! PW/GRANTS/NPS GRANT 2022/CONTRACTING/PROFESSIONALSERVICES AGREEMENT FROG CREEK PARTNERS DECEMBER 2022.DOCX EXHIBIT A SCOPE OF SERVICES The following Scope of Work (“SOW”) is for a stormwater filtration project located in Vail, Colorado. This SOW outlines the project’s product, services, installation schedule, and the customer payment schedule. All products and services will be provided by Frog Creek Partners, LLC and its subcontractors. 1. Customer: Town of Vail, Colorado 2. Project Location: Vail, Colorado 3. Nature of the Project: Installation of between 270 and 280 Gutter Bin® stormwater filtration system catch basin filter inserts to capture stormwater pollution and prevent it from reaching Gore Creek thereby helping the Town of Vail meet its water quality goals 4. Estimated Project Timeline Milestones a. Project Start: 11/1/2022 b. Measurement and Site Analysis: 11/1/2022 - 11/30/2022 c. Selection of Project Sites: 12/10/2022 d. Design & Engineering Phase Start: 12/15/2022 e. Manufacturing Phase Start: 2/1/2023 f. Installation Phase Start: 5/1/2023 g. Project Complete: 6/1/2023 5. Project Budget: $420,000 6. Schedule of Payments: a. 50% ($210,000): Project Start milestone b. 25% ($105,000): Manufacturing Start milestone c. 25% (105,000): Project Complete milestone 7. Impact of the Project: Based on historical pollution capture data, this project will prevent approximately 25,000 to 55,000 pounds of stormwater pollution from reaching Gore Creek and its tributaries each year. 57 AGENDA ITEM NO. 4.6 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Contract award to the Vail Valley Foundation for the production of the April concert SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney, with the Vail Valley Foundation to produce the April Concert Series, in an amount not to exceed $250,000. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - April Concert Proposal Review and Recommendation.pdf 58 To: Vail Town Council From: Economic Development Department Date: 12/6/2022 Subject: 2023 April Concert Series PURPOSE The purpose of this memo is to make a recommendation for a vendor to produce the 2023 April Concert Series. An RFP to produce the event was published October 31, 2022. The RFP represented a shift in direction with spring event activation in Vail. Given current occupancy and visitation trends for the winter season, the town and Vail Mountain have realigned the event strategy against goals to deliver an enhanced guest experience through the late winter season. Four proposals were received, reviewed, and vetted by town department representatives and Vail Mountain staff. BACKGROUND Town Council provided direction to return to a larger scale live music event in the final weeks of the 2022/2023 winter season. The town and Vail Mountain collaboratively published an RFP to identify a vendor to produce the event. Vail Mountain and the town are each contributing $125,000, for a total of $250,000 to support the April Concert Series. Four proposals were received in response to the RFP: The For Site Group, Golden Peak Productions, Powabunga, and the Vail Valley Foundation (VVF) all submitted proposals. The proposals were reviewed internally by the safety and operations team, economic development department and town manager’s office, and externally with Vail Mountain. The review included an evaluation of the event producer’s ability to achieve the goals of the town and Vail Mountain. This includes hosting a concert targeting a younger, affluent demographic in April, addressing operational impacts, and providing tangible and intangible value to the town and Vail Mountain as sponsors of the event. An evaluation of the event was performed using the town’s Event Sponsorship Scorecard. Through the discussions and review of the proposals, staff and Vail Mountain are recommending that the proposal from the Vail Valley Foundation be selected. The Vail Valley Foundation’s proposal is to host two nights of concerts at the Gerald R. Ford Amphitheater on either April 7 and 8, or 14 and 15, 2023. The proposal was presented by the VVF in partnership with Anschutz Entertainment Group (AEG). The synergy of operational excellence of the VVF with the music industry strength of AEG 59 Town of Vail Page 2 presents a great opportunity for the town and Vail Mountain, who are aligned that the VVF is the best choice to successfully execute the concert series in a new (but familiar) winter venue. The VVF and AEG have the expertise and resourcing to ensure that the event is effectively marketed and promoted. The VVF’s history working with both town and mountain provide confidence in the execution of the additional elements as part of the concert weekend to incorporate village and mountain areas. Additional operational considerations were evaluated in the review of the proposals. With the implementation of the new parking system and not using the parking lot as the venue for the concert, we now have ability to use the Ford Park Parking lot for both regular daytime employee parking and paid concert parking. While the AMP has not been used for a winter concert like this before, the VVF team’s operations plan will ensure that the venue is safe and effective for the April Concert Series. ACTION REQUESTED OF COUNCIL Authorize the town manager to enter into an agreement, on a form approved by the town attorney, with the Vail Valley Foundation to produce the April Concert Series, in an amount not to exceed $250,000. 60 AGENDA ITEM NO. 4.7 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Contract award to Golden Peak Productions for the Vail Après Monthly Concert Series SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney, with Golden Peak Productions to produce the Vail Après Monthly Concert Series, in an amount not to exceed $150,000. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - Monthly Village Concert Proposal Review and Recommendation.pdf 61 To: Vail Town Council From: Economic Development Department Date: 12/6/2022 Subject: Vail Après Monthly Village Concert Series: Proposals and Vendor Recommendation PURPOSE The purpose of this memo is to make a recommendation for a vendor to produce the Vail Après Monthly Village Concert Series in response to the RFP published by the town. BACKGROUND In October 2022, the winter events plan was reviewed with the CSE and presented to Town Council. One of the supported plan elements was the monthly village concert experience as part of our Vail Après programming. An RFP was published to source an event producer to present the series. The request identified four dates, one per month from January through April, for concerts to be held in Vail Village. The series will occur on the 3rd Thursday of the month to create a predictable cadence for community awareness and for guests to plan their visitation. The location of the concerts will be reviewed by the Event Review Committee but will either be the International Bridge or Solaris. The Vail Après Monthly Village Concert Series is budgeted at $150,000 or $37,500 per concert and is included in the 2023 Budget. Three proposals were received in response to the RFP: Kaleidoscope Productions, a collaboration between Resort Entertainment Group and Shakedown Presents, and Golden Peak Productions all provided proposals. The proposals were reviewed internally by the safety and operations team, economic development department and the town manager’s office. The review included an evaluation of the event's ability to achieve the goals of the town and to host a concert series that would be popular amongst both locals and guests and meet expectations for both tangible and intangible benefit to the town. Staff evaluated the operational impacts of the event and performed an analysis using the Event Scorecard. Following the scorecard completion and discussions and review of the proposals, staff is recommending the town contract Golden Peak Productions (GPP) for the Vail Après Monthly Village Concert Series. Golden Peak Productions is currently producing the Early Winter Concert Series which included the recently hosted Thanksgiving weekend concerts. The concerts were met 62 Town of Vail Page 2 with great enthusiasm by the community including the locals’ season kickoff party. The town has confidence in GPP as the best vendor to produce the 2023 Vail Après Monthly Village Concert Series. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney, with Golden Peak Productions to produce the 2023 Vail Après Monthly Village Concerts Series, in an amount not to exceed $150,000. 63 AGENDA ITEM NO. 4.8 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (10 min.) SUBJECT:Contract Award to Gillig for Replacement Transit Buses SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney to purchase two Gillig Lowfloor 42’ battery electric buses this year to take delivery in an amount not to exceed $2,020,762.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Town Council Bus Replacment Memorandum 051722.pdf 64 TO: Vail Town Council FROM: Public Works Department DATE: December 6th, 2022 SUBJECT: Award contract to Replace Transit Buses I. PURPOSE The purpose of this memo is to request approval from the Town Council to purchase up to 2 buses per the bus replacement plan, the TOV currently operates with 33 transit buses. II. BACKGROUND The TOV owns and operates 33 transit buses, the buses are on a 12-year replacement plan, which is consistent with FTA requirements that a transit bus be designed and operate for a minimum of 12 years. The current fleet of buses is: (4) 2020 Gillig Lowfloor 42’ electric buses (8) 2017 Gillig Lowfloor 40’ diesel buses (7) 2018 Gillig Lowfloor 40’ diesel buses (6) 2020 Gillig Lowfloor 40’ diesel buses (2) 2012 Gillig Lowfloor 40’ hybrid buses (6) 2011 Gillig Lowfloor 40’ diesel buses, these buses will be replaced in July 2023 The manufacturer is stating that current order build dates are out to 2024 due to supply chain issues that are affecting everyone. The bus replacement plan has two buses to be replaced in 2024 that will be battery electric. Our team would recommend that we purchase Gillig battery electric buses. This will allow the Town to keep driver options the same and have the bus drive very similar to what are drivers are used to. Also, most of our spare parts inventory will transfer over to these new buses keeping inventory costs down. Gillig is using Cummins for their electric drive system. This means we will have support on this new technology in Denver and Grand Junction. The other bus manufacturers are either over seas or across the country. The Town already has a strong relationship with Cummins as 95% of our current diesel engines are Cummins. III. Vendor Selection The budget for this project is $2,200,000 in 2024. The Town is utilizing pricing based on a joint procurement plan with an FTA approved State of Washington contract. The price of each bus, based on the State of Washington contract with adjustments made to meet TOV requirements is $1,010,381. For two buses the total would be $2,020,762.00. We would like to use the remaining $179,238.00 for the bus charges required to operate these buses. We would like to put a place 65 2 holder on these charger funds and present to Council at a later date for approval. The Town has secured a Federal Transit Administration grant of $1,814,882 for these two buses, associated charging equipment, and workforce training. IV. ACTION REQUESTED Accept the proposal, and order two Gillig Lowfloor 42’ battery electric buses this year to take delivery in 2024 in an amount not to exceed $2,020,762.00 These funds are in the 5 year capital plan in 2024. 66 AGENDA ITEM NO. 5.1 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Matters and Status Report SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 221206 Matters.pdf 67 COUNCIL MATTERS Status Report Report for Dec. 6, 2022 • Dobson Ice Arena remodel: An RFQ has been opened up on the TOV website along with a press release, asking for bids on architectural/sports arena designwork. Responses are due back Dec. 19th with a selection early in the new year. The town anticipates the remodel to be underway by the spring of 2024. • Poisoned tree on Vail Golf Course: Two new trees have been planted, with the dead tree limbed and prepared for a future artistic feature. • Compensation review for Town Council members: In an effort to encourage a more diverse group of future council members, Town Council requested a review of council’s compensation. Council members currently earn $7,500 per year ($313 per council meeting); the Mayor earns $12,000 per year ($500 per meeting). Staff will bring back more information at a future meeting. Town Council Action Plan Updates Each month town staff will update the Town Council Action Plan document as projects and initiatives move forward or are updated. Below is a link to the timeline and “live” document: https://www.vailgov.com/government/town-council-meeting-registration/town-council- priorities 68 In the News______________________________________________________ Nov. 10 Booth Heights https://www.hcn.org/articles/landline-wildlife-bighorn-lovers-butt-heads-with-vail-resorts-affordable- housing Death Investigation https://www.outtherecolorado.com/news/suspicious-death-public-asked-for-help-after-body-found-in- creek-near-vail/article_dbbeb924-6119-11ed-b055-63bdfbdeab5e.html Nov. 13 Wildlife Passage for Bighorns - letter https://www.vaildaily.com/opinion/letter-wildlife-passage-for-the-bighorn-sheep/ Listen to Workers on Parking - letter https://www.vaildaily.com/opinion/letter-vail-needs-to-listen-to-its-local-workers-on-parking/ Nov. 14 RTA - front page https://www.vaildaily.com/news/whats-next-for-eagle-countys-new-regional-transportation-authority/ Nov. 15 2023 Budget https://www.vaildaily.com/news/vails-proposed-2023-budget-is-available-for-review/ Booth Heights and Housing https://apnews.com/article/travel-sports-colorado-sheep-vail-7a622d88e2678b32ce8be58be6884dd4 Shift Bike Success https://www.vaildaily.com/news/shift-e-bike-regional-program-off-to-a-good-start-in-inaugural- summer/ Nov. 16 Recycling and Compost Success - front page https://www.vaildaily.com/news/vail-lauded-as-a-top-municipality-for-recycling-composting-in-2022- statewide-report/ Nov. 17 Successful Housing Initiatives https://www.aspentimes.com/news/affordable-housing-wins-on-high-country-ballots/ Potential at Post Office https://www.vaildaily.com/news/vail-eyes-redevelopment-of-post-office-amid-housing-crisis/ 69 Nov. 18 Employee Bonuses - front page https://www.vaildaily.com/news/vail-gives-go-ahead-for-500k-in-inflation-relief-retention-bonuses/ Nov. 22 Input Sought on Gore Creek Promenade https://www.vaildaily.com/news/vail-seeks-input-on-gore-creek-promenade-improvements/ Nov. 23 Are Rankings Overrated? https://www.vaildaily.com/news/vails-slide-in-resort-rankings-has-no-impact-on-visitation-business- leaders-say/ A Roadmap for Vail's Sustainable Future - opinion https://www.vaildaily.com/opinion/sustainable-vail-destination-stewardship-plan-to-provide-a- roadmap-for-vails-future/ Nov. 26 Transportation Permits https://www.vaildaily.com/news/vail-transportation-permits-required-for-new-season/ Shop with a Cop https://www.vaildaily.com/news/law-enforcement-seeks-donations-for-shop-with-a-cop/ A culture killer for Vail - letter https://www.vaildaily.com/opinion/letter-a-culture-killer-for-vail/ Nov. 27 Input sought on Gore Creek Promenade https://www.realvail.com/town-of-vail-seeks-input-on-gore-creek-promenade/a14842/ Parking passes for disabled residents - letter https://www.vaildaily.com/opinion/letter-we-cant-get-disabled-community-members-a-reduced-price- parking-pass/ Nov. 28 Beware Rental Scams https://www.vaildaily.com/news/police-common-red-flags-for-rental-scams-in-eagle-county/ A new tool in Old Forge for housing https://www.northcountrypublicradio.org/news/story/46849/20221128/a-new-tool-in-old-forge-aims- to-protect-housing-for-year-round-residents Family of woman found in Gore Creek says things aren't adding up https://kdvr.com/news/local/family-of-woman-whos-body-was-found-in-july-by-a-vail-creek-say-things- arent-adding-up/ 70 Vail is spending other people's money frivolously - letter https://www.vaildaily.com/opinion/letter-vail-is-spending-other-peoples-money-frivolously/ Free parking change is killing business - letter https://www.vaildaily.com/opinion/letter-free-parking-change-a-business-killer-for-vail/ Nov. 29 Getting the party started - front page https://www.vaildaily.com/news/vail-daily-tuesday-cover-photo-getting-the-party-started/ Polls Mean Everything or Nothing - column https://www.vaildaily.com/opinion/carnes-polls-mean-everything-or-um-nothing/ Nov. 30 Vail Mountain slips off the list - letter https://www.vaildaily.com/opinion/letter-vail-mountain-slips-off-the-list/ Dec. 1 Dobson RFQ https://www.vaildaily.com/news/vail-seeks-design-services-for-dobson-ice-arena-remodel/ Let's be community-minded - letter https://www.vaildaily.com/opinion/letter-lets-be-community-minded/ Vail is wisely investing in its employees - letter https://www.vaildaily.com/opinion/letter-vail-is-wisely-investing-in-its-employees/ Record sales tax revenues https://coloradosun.com/2022/12/01/colorado-harvest-record-sales-tax-revenue/ Upcoming Events o Dec 8 – 11: Kingle Market o Dec 15: Vail Village Tree Lighting ceremony o Dec 16: PrimaVail Awards recognition during free concert 71 AGENDA ITEM NO. 6.1 Item Cover Page DATE:December 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentations/Discussion SUBJECT:Vail Mountain Update (10 min.) SUGGESTED ACTION:Presenter: Beth Howard, Chief Operating Officer, Vail Mountain VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 72 AGENDA ITEM NO. 6.2 Item Cover Page DATE:December 6, 2022 TIME:30 min. SUBMITTED BY:George Ruther, Housing ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentations/Discussion SUBJECT:Timber Ridge Update SUGGESTED ACTION:Listen to presentation and provide feedback. PRESENTER(S):George Ruther, Housing Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Timber Ridge Development memorandum 12062022.pdf TOV town council TR 2 presentation 12-6-22.pdf 73 1 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 vailgov.com MEMORANDUM To: Vail Town Council From: George Ruther, Housing Director Date: December 6, 2022 Re: Timber Ridge Village Redevelopment I. Purpose The purpose of this memorandum is to receive direction from the Vail Town Council on the redevelopment of the Timber Ridge Village Apartments. This worksession is intended to be one of many meetings with the Vail Town Council, the Vail Local Housing Authority, and the Vail community as the Housing Department and Triumph Development West begin breaking down what will be a long list of topics for discussion and decision-making with regard to the redevelopment of Timber Ridge. This discussion will focus primarily on: • revised programming and uses, • displacement and relocation of residents, and, • direction from the Vail Town Council. This action facilitates achieving the Town’s adopted housing goal and continues to provide housing solutions to the #1 most critical issue facing the Vail community – lack of the availability of homes for year-round and seasonal residents and addresses the much needed redevelopment of the Timber Ridge Village Apartments. II. Timber Ridge Village Apartments Redevelopment A. Redevelopment Goals and Objectives The following redevelopment goals and objectives were adopted by the Vail Town Council and will be used to guide future decision-making: 74 2 • Seize the full opportunity - The redevelopment of the Timber Ridge Village Apartments will serve an integral role in strengthening the supply of deed- restricted homes in Vail by providing for a minimum of 200 dwelling units. • Deed-restricted homes are the highest priority - 100% of the new homes shall be deed-restricted for resident occupancy with preference granted to employees working at businesses in the Town of Vail. • Optimize this housing opportunity - Given the scarcity of developable land for deed-restricted homes in Vail, the density, height, and scale of the redevelopment shall be optimized within the parameters of the Town’s adopted land use regulations, building and fire codes, and other applicable code provisions. • Minimize the impacts of the short-term loss of homes- Construction of the redevelopment project shall not begin prior to the issuance of a certificate of occupancy for the Residences at Main Vail to minimize the negative impacts of vacating the Timber Ridge Village Apartments during construction. • A market study shall drive the program and design - Timber Ridge Village Apartments shall be redeveloped to meet the current and future housing needs of year-round and seasonal Vail residents based upon the findings and conclusions of an updated housing needs and demand market study. • Environmental stewardship is a community value – Environmental sustainability best practices shall be incorporated into the design, construction, and future operations of the new buildings including 100% electrification, solar array installation, car share program, beyond energy conservation code construction, water conservation measures, high efficiency systems, durable materials, etc. • Cost is a key consideration - Financial sustainability and fiscal responsibility are key considerations of the long-term affordability of the homes and operational/maintenance needs of the property owner. • Time is of the essence - Understanding the critical housing needs of the Vail community and Eagle River Valley as well as the importance of meeting the growing demands, the redevelopment of the Timber Ridge Village Apartments shall be completed within 24 months of its demolition. • Prioritize homes over cars - Due to its convenient location to the West Vail community commercial area and ease of access to the primary employment centers in Vail via public transit, emphasis shall be placed on optimizing the number of residential homes rather than maximizing the number of vehicles parking spaces. • Lead by example – The process and outcome of the redevelopment of the Timber Ridge Village Apartments shall exemplify leadership in delivering on housing and shall align with Vail’s place amongst leaders in the mountain resort communities. B. The redevelopment of Timber Ridge is characterized by five foundational topics requiring direction and decision making. Each of these topics includes a list of sub- topics and issues which need to be addressed. The five foundational topics include: 75 3 • Transportation policy and infrastructure • Programming and uses • Development deal structure • Budget, funding, financing, and existing debt • Displacement and relocation of residents • Timing and scheduling Transportation Discussions are continuing at the staff level regarding addressing the transportation needs of the future residents that will one day reside at the redeveloped Timber Ridge Village Apartments. More information regarding transportation will be provided at upcoming meetings. As presented, a total of approximately 271 parking spaces are proposed in a combination of surface and structured parking spaces. This figure represents a ratio of 1.21 parking spaces per home. Town staff is continuing to meet with car share program representative to better understand how such a program can help achieve the transportation and mobility needs of the future Timber Ridge Village Apartments residents. These efforts align with the direction previously instructed from the Vail Town Council to utilize the provisions of the Housing (H) District to meet the transportation and mobility needs of the by alternate modes of transportation and not allow the adopted minimum parking requirements of the Vail Town Code drive the design of the redevelopment of Timber Ridge. As a next step, the town staff is meeting with representatives from Zip Car and other regional partners on Thursday, December 15 to continue discussions regarding future opportunities. Programming and uses The programming and uses on the site need to be determined. Following a presentation on November 12, where the four possible redevelopment scenarios and relative cost comparisons were presented, the Vail Town Council instructed the design team to pursue Option “C”. Option C as originally proposed, included the following key considerations: • A mix of one, two, three, and four bedroom homes. • A combination of surface and structured parking within a podium beneath the buildings. • Approximately 295,000 total gross square feet of building area • A +/- $7.5M premium for structured parking spaces • Up to five and six story tall buildings • A total of +/- 200 homes and approximately 440 beds 76 4 The Vail Town Council needs to decide on programming and uses to advance the design process forward. Since November 12, the development team has collaborated to prepare an updated and revised Option C plan for consideration. Drawing upon the key considerations from the original Option C plan, and the direction provided by the Vail Town Council, the revised plan proposes the following: • Six buildings total • 224 total homes (estimated occupancy = +/- 546 residents) o 44 1 bd o 128 2 bd o 36 3 bd o 16 4 bd • 472 total bedrooms • 271 combined surface and structured parking spaces • Estimated total budget of $112.6M The budget summary was prepared based upon the revised program. While still too early in the process to accurately determine a final development cost, the budget summary provides an estimated cost. Staff recommends engaging a third-party construction estimator for additional probable cost estimating services to advise the Town and aid in the determination of development cost. As such, the Town of Vail will own the work product prepared and can use the financial information provided in structuring a future development deal. Development deal A development partner in Triumph Development West has been selected by prior agreement of the Vail Town Council. A final deal structure with Triumph has yet to be determined and requires further clarifications and negotiations. The Vail Town Council will need to articulate their expectations of a deal structure and negotiate a development agreement with Triumph Development West. Based upon prior communications between the parties, a development deal will be discussed after the programming and uses are determined and directed by the Vail Town Council. The development deal structure has yet to be discussed at length. However, there are several deal points that are generally understood at this time, based upon previously stated expectations of the partners. They are to include: • The Town of Vail will retain fee title ownership interest in the land. • Developer will be subject to a ground lease with terms and conditions to be determined. • Developer will own and operate the vertical building improvements, subject to the terms of the ground lease. 77 5 • The Town of Vail will assume ownership of the vertical building improvements upon expiration/termination of the ground lease. • The Town of Vail and Developer will be co-applicants in the development review and entitlement process. • Developer shall secure the financing needed to complete the redevelopment project. • 100% of the homes on the site shall be deed-restricted for resident-occupancy. • Rental rates and tenant lease terms shall be established with mutual acceptance of the Town of Vail. • Construction shall begin no later than May 1, 2024 with a completion date of no later than January 1, 2026. The Town of Vail has a track record of successfully negotiating development deals with private sector developers. The most successful negotiations have several factors in common and they include: • Clearly articulating the expectations of the development early in the negotiations • Understanding that the best development deals are the result of collaboration and partnership • Negotiating in good faith and with respect for the partnership • Acknowledging that time is money and time kills all deals,,,time is of the essence. To that end, based upon prior successes, staff recommends forming a Timber Ridge Redevelopment Committee. One of the benefits in doing so is that the Committee can be more flexible, effective, and productive than a larger decision-making group process, especially when getting into the details. The role of the Committee would be to meet as needed to continue advancing the development deal. The Committee, however, is not intended to replace the final decision-making authority of the Vail Council or impede the transparency of the public meeting process. All final decisions shall lie with the seven town council members with all decision making taking place in a public meeting forum. Members of the committee would be self-selected by the Vail Town Council (2 max.), staff members assigned by the Town Manager, and representatives of the Developer. Displacement and relocation Nearly 250 Vail residents currently reside in the Timber Ridge Village Apartments. Of those residents, approximately 126 residents are subject to an individual tenant lease and an additional 120 residents are subject to master lease agreements. A strategic plan for the displacement and relocation of residents during redevelopment has yet to be finalized. The Residences at Main Vail is likely to accommodate a portion, though not all the displaced residents. The maximum occupancy at the Residences at Main Vail is approximately 155 persons (assuming 1.75 persons/one bedroom & 2.25 persons per two bedroom). Factors such as existing vs. proposed cost of leases, home sizes, master leases, parking spaces, existing deficit of housing, etc. are realities that are likely to complicate the efforts to fully address displacement and relocation. The Vail Town Council will need to adopt a strategic relocation and displacement plan for the 78 6 residents living at Timber Ridge. It would be irresponsible for the Town of Vail not to make reasonable accommodations for the Vail residents displaced by the redevelopment of the Timber Ridge Village Apartments. On September 6, the Vail Town Council directed the town staff to organize an internal committee to explore and evaluate alternatives to minimize the negative impacts resulting from the temporary displacement of Timber Ridge residents and return to the Vail Town Council with options for consideration. The Vail Town Council acknowledged the beneficial role that the future residential development on West Middle Creek could play in solving this problem. To that end, a subdivision and rezoning applications have been submitted for review and approval. It is anticipated that the applications will be readied for a public hearing before the Vail Town Council on Tuesday, December 20, 2022, and, if approved, adopted in January of 2023. The outcome of that review process is uncertain with no definitive timeline for development on the site. A draft strategic relocation and displacement plan is in development. The draft plan relies heavily upon early notification of the imminent redevelopment of Timber Ridge, the use of the new Residences at Main Vail to absorb a portion of the displacement, the use of Timber Ridge during the 2023/2024 winter season for seasonal leases only, and preference granted to existing residents to minimize the impacts of the redevelopment. With the final details yet to be resolved, the plan includes the following key considerations: • All new leases at Timber Ridge shall include a provision for termination with a minimum 30-day written notice of the Town’s intent to redevelop the property. • Effective immediately, no new leases or renewals at Timber Ridge will be executed extending the lease term beyond August 1, 2023. • Any new leases executed after August 1, 2023 shall expire and terminate on or before April 15, 2024. (Seasonal/month to month leases only) • Current residents in good standing with leases extending to August 1, 2023 shall receive a leasing preference at the Residences at Main Vail. • Current households with children below the age of 18 shall receive the highest leasing preference. • The Residences at Main Vail are subject to a prohibition against master leases and only allow for leases with individual tenants. Further relocation and displacement coordination and consideration is needed for the nearly 120 Timber Ridge residents currently subject to master lease agreements. The Town staff will reach out to the master lessees in an effort to communicate the pending displacement and help to minimize the impacts. C. Direction and Decision Making Discussion, direction, and decision making are needed in the following areas: 79 7 • What is the appropriate number of homes to be built on the site to ensure an adequate number of beds? For purposes of advancing the design, are 500 to 550 people (max.) residing on the site too few, too many, or in line with the Town’s expectations of this redevelopment effort? • What is the desired home type and home mix? With the program as proposed and estimated cost considerations in mind, is the home type and home mix of revised Option C in line with the Town’s goals and objectives of the redevelopment of Timber Ridge? With direction from the Town Council, the development team will begin preparing updated development pro formas and additional cost considerations for the redevelopment of Timber Ridge and present the initial findings to the Vail Town Council. Further, with this information in hand, the Vail Town Council and the Developer can begin the next round of development deal negotiations. • What is the most appropriate approach for minimizing the negative impacts of the short-term loss of homes? Does the Vail Town Council support the need for a demonstrated resident displacement and relocation plan? And, if so, is the draft plan as being developed, aligned with the expectations of the Town Council? • What is the most effective approach to negotiating a development deal? Does the Vail Town Council support the formation of a Timber Ridge Redevelopment Committee as generally described in the memorandum above? In doing so, there is acknowledgement that all final decision making is the responsibility of the Vail Town Council. 80 TIMBER RIDGE PHASE IISITE = 210,400 SFSITE PLAN STUDY200 PODIUM PARKING71 SURFACE PARKING271 TOTAL PARKING SPACES224 APARTMENT UNITS472 BEDROOMS1 BEDROOM UNITS = 442 BEDROOM UNITS = 1283 BEDROOM UNITS = 364 BEDROOM UNITS = 1640' UTILITY EASEMENT4 YARDDUMPSTERRECYCLE6 YARDDUMPSTERNORTH FRONTAGE ROAD81408160816081608150815081508150814081308140BUILDING B40714 YARDDUMPSTERRECYCLE6 YARDDUMPSTERNORTH010305012 UNITS PER FLOOR(3-1's / 9-2's)4 LEVELSROOF TOP PATIO48 UNITS = 84 TOTAL BEDROOMSBUILDING CTOV BUS STOP816881628160LIONS RIDGE LOOP20'-0" SETBACK20'-0" SETBACK80928098810481088109811014'-0" WIDE EMERGENCY ACCESS ROADBUILDING F22388 - UNITS PER FLOOR(4 - 4's / 4 - 2's)4 LEVELS =ROOF TOP PATIO32 UNITS = 104 TOTAL BEDROOMS268 UNITS PER FLOOR(3-1's / 5-2's)4 LEVELS = 37,100 GSFROOF TOP PATIO32 UNITS = 52 TOTAL BEDROOMSBUILDING E8 UNITS PER FLOOR(2 - 1's / 4 - 2's / 2 - 3's)4 LEVELS = 29,400 GSFROOF TOP PATIO32 UNITS = 64 TOTAL BEDROOMS4 YARDDUMPSTERRECYCLE6 YARDDUMPSTER4 YARDDUMPSTERRECYCLE6 YARDDUMPSTERBUILDING D4012 UNITS PER FLOOR(3-1's / 9-2's)4 LEVELSROOF TOP DECK48 UNITS = 84 TOTAL BEDROOMSBUILDING A348 UNITS PER FLOOR(7-3's / 1-2's)4 LEVELSROOF TOP DECK32 UNITS = 92 TOTAL BEDROOMS1813318191 BED / 1 BATH610 SF2 BED / 2 BATH850 SFSTAIR3 BED / 2 BATH1050 SF1 BED / 1 BATH610 SF2 BED / 2 BATH850 SF3 BED / 2 BATH1050 SFSTAIRPROPOSED SITE PLAN Drawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 12/01/2022 MEF MEF TIMBER RIDGE - PHASE II VAIL, C0 81657 1" = 30'-0"1"C+" PODIUM (UNIT MIX) - SITE PLANC+1.081 40' UTILITY EASEMENT4 YARDDUMPSTERRECYCLE6 YARDDUMPSTERNORTH FRONTAGE ROAD81408160816081608150815081508150814081308140BUILDING B40714 YARDDUMPSTERRECYCLE6 YARDDUMPSTERNORTH010305012 UNITS PER FLOOR(3-1's / 9-2's)4 LEVELSROOF TOP PATIO48 UNITS = 84 TOTAL BEDROOMSBUILDING CTOV BUS STOP816881628160LIONS RIDGE LOOP20'-0" SETBACK20'-0" SETBACK80928098810481088109811014'-0" WIDE EMERGENCY ACCESS ROADBUILDING F22388 - UNITS PER FLOOR(4 - 4's / 4 - 2's)4 LEVELS =ROOF TOP PATIO32 UNITS = 104 TOTAL BEDROOMS268 UNITS PER FLOOR(3-1's / 5-2's)4 LEVELS = 37,100 GSFROOF TOP PATIO32 UNITS = 52 TOTAL BEDROOMSBUILDING E8 UNITS PER FLOOR(2 - 1's / 4 - 2's / 2 - 3's)4 LEVELS = 29,400 GSFROOF TOP PATIO32 UNITS = 64 TOTAL BEDROOMS4 YARDDUMPSTERRECYCLE6 YARDDUMPSTER4 YARDDUMPSTERRECYCLE6 YARDDUMPSTERBUILDING D4012 UNITS PER FLOOR(3-1's / 9-2's)4 LEVELSROOF TOP DECK48 UNITS = 84 TOTAL BEDROOMSBUILDING A348 UNITS PER FLOOR(7-3's / 1-2's)4 LEVELSROOF TOP DECK32 UNITS = 92 TOTAL BEDROOMS1813318191 BED / 1 BATH610 SF2 BED / 2 BATH850 SFSTAIR3 BED / 2 BATH1050 SF1 BED / 1 BATH610 SF2 BED / 2 BATH850 SF3 BED / 2 BATH1050 SFSTAIRTR TOWNHOMES (1)TR TOWNHOMES (1)TR TOWNHOMES (1)TR TOWNHOMES (1)TR TOWNHOMES (2)TR TOWNHOMES (2)TR TOWNHOMES (2)TR TOWNHOMES (2)TIMBER RIDGE PHASE IISITE = 210,400 SFSITE PLAN STUDY200 PODIUM PARKING71 SURFACE PARKING271 TOTAL PARKING SPACES224 APARTMENT UNITS472 BEDROOMS1 BEDROOM UNITS = 442 BEDROOM UNITS = 1283 BEDROOM UNITS = 364 BEDROOM UNITS = 168 TOWNHOMES - CHAMONIX-1 - (4) 2 BED / 2 BATH - 1400 SF PLUS GARAGE-2 - (4) 3 BED / 3 BATH - 1900 SF PLUS GARAGEPROPOSED SITE PLAN Drawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 12/01/2022 MEF MEF TIMBER RIDGE - PHASE II VAIL, C0 81657 1" = 30'-0"1"C+.1" CDOT/ROW - TOWNHOME SITE PLANC+1.182 BUILDING A8 UNITS PER FLOOR(6-3's / 2-2's)3 LEVELS ON UP HILL SIDE / 4 LEVELS ON DOWNHILL SIDEROOF TOP DECK28 UNITS = 77 TOTAL BEDROOMSNORTH FRONTAGE ROAD81408160816081608150815081508150814081308140NORTH0103050816881628160LIONS RIDGE LOOP20'-0" SETBACKBUILDING C3771016 UNITS PER FLOOR(6-1's / 10-2's)4 LEVELS = XXXXX GSFROOF TOP DECK64 UNITS = 104 TOTAL BEDROOMSBUILDING A16 UNITS PER FLOOR(6-1's / 10-2's)4 LEVELS = XXXXX GSFROOF TOP DECK64 UNITS = 104 TOTAL BEDROOMS8 - UNITS PER FLOOR(4 - 4's / 4 - 3's)4 LEVELS = 47,500 GSFROOF TOP PATIO32 UNITS = 112 TOTAL BEDROOMSBUILDING B20'-0" SETBACK8104508110810981088098809240' UTILITY EASEMENT1 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #21 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #21 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #21 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #2BUILDING D8 UNITS PER FLOOR(2 - 1's / 4 - 2's / 2 - 3's)4 LEVELS = 29,400 GSFROOF TOP PATIO32 UNITS = 64 TOTAL BEDROOMSBUILDING D8 UNITS PER FLOOR(2 - 1's / 4 - 2's / 2 - 3's)4 LEVELS = 29,400 GSFROOF TOP PATIO32 UNITS = 64 TOTAL BEDROOMSPOSSIBLETIE IN OF ROAD TO POST OFFICE SITEAT A LATER DATETIMBER RIDGE PHASE IISITE = 210,400 SFSITE PLAN STUDY220 PODIUM PARKING30 SURFACE PARKING250 TOTAL PARKING SPACES224 APARTMENT UNITS448 BEDROOMS1 BEDROOM UNITS = 562 BEDROOM UNITS = 963 BEDROOM UNITS = 404 BEDROOM UNITS = 16ADDITIONAL APARTMENT BUILDING IN "CDOT ROW"256 APARTMENT UNITSPROPOSED SITE PLAN Drawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1" = 30'-0"1SITE PLAN - CDOT - ROW / ROW BUILDINGF1.0MEF MEF 11/25/2022 83 TIMBER RIDGE PHASE IISITE = 210,400 SFSITE PLAN STUDY220 PODIUM PARKING30 SURFACE PARKING250 TOTAL PARKING SPACES224 APARTMENT UNITS448 BEDROOMS1 BEDROOM UNITS = 562 BEDROOM UNITS = 963 BEDROOM UNITS = 404 BEDROOM UNITS = 1612 TOWNHOMES - "CHAMONIX"1 - (6) 2BED / 2BATH /= 1400sf (GARAGE PLUS 2 DRIVEWAY SPACES)-2 - (6) 3BED / 3BATH = 1900sf (GARAGE PLUS 2 DRIVEWAY SPACES)12 TOWNHOMES "FOR SALE - MARKET RATE"-1 - (6) 3BED / 3BATH /= 1990sf (GARAGE PLUS 2 DRIVEWAY SPACES)-2 - (6) 4BED / 4 BATH = 2350sf (GARAGE PLUS 2 DRIVEWAY SPACES)W / ROOFTOP DECKNORTH FRONTAGE ROAD81408160816081608150815081508150814081308140NORTH0103050816881628160LIONS RIDGE LOOP20'-0" SETBACKBUILDING C3771016 UNITS PER FLOOR(6-1's / 10-2's)4 LEVELS = XXXXX GSFROOF TOP DECK64 UNITS = 104 TOTAL BEDROOMSBUILDING A16 UNITS PER FLOOR(6-1's / 10-2's)4 LEVELS = XXXXX GSFROOF TOP DECK64 UNITS = 104 TOTAL BEDROOMS8 - UNITS PER FLOOR(4 - 4's / 4 - 3's)4 LEVELS = 47,500 GSFROOF TOP PATIO32 UNITS = 112 TOTAL BEDROOMSBUILDING B20'-0" SETBACK8104508110810981088098809240' UTILITY EASEMENTTH - 1TH - 2TH - 2TH - 1TH - 1TH - 2TH - 2TH - 1TH - 1TH - 2TH - 2TH - 11 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #21 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #21 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #21 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #2BUILDING D8 UNITS PER FLOOR(2 - 1's / 4 - 2's / 2 - 3's)4 LEVELS = 29,400 GSFROOF TOP PATIO32 UNITS = 64 TOTAL BEDROOMSBUILDING D8 UNITS PER FLOOR(2 - 1's / 4 - 2's / 2 - 3's)4 LEVELS = 29,400 GSFROOF TOP PATIO32 UNITS = 64 TOTAL BEDROOMSPROPOSED SITE PLAN Drawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1" = 30'-0"1SITE PLAN - CDOT - ROW / TOWNHOMESF1.1MEF MEF 11/25/2022 84 PRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2UPUP206'-8"12'-1"32'-0"5'-6"19'-6"7'-6"5'-0"69'-6"1245678AEFGHIJKLWATERENTRYROOMBUILDING A - TYPICAL FLOOR PLANMDCBNOPQRVENDINGTHIRDBEDROOM11'-3" X 12'-0"LIVING SPACE11'-0" X 12'-0"KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2VTACW/DSECONDARYBEDROOM11'-3" X 11'-6"BATHROOM 1 WHSTORAGECLOSETPATIO8'-0" X 5'-0"THIRDBEDROOM11'-3" X 12'-0"LIVING SPACE11'-0" X 12'-0"KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2VTACW/DSECONDARYBEDROOM11'-3" X 11'-6"BATHROOM 1 WHSTORAGECLOSETPATIO8'-0" X 5'-0"THIRDBEDROOM11'-3" X 12'-0"LIVING SPACE11'-0" X 12'-0"KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2VTACW/DSECONDARYBEDROOM11'-3" X 11'-6"BATHROOM 1 WHSTORAGECLOSETPATIO8'-0" X 5'-0"W/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2WHACCESSVTACPATIO8'-0" X 5'-0"THIRDBEDROOM11'-3" X 12'-0"LIVING SPACE11'-0" X 12'-0"KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2VTACW/DSECONDARYBEDROOM11'-3" X 11'-6"BATHROOM 1 WHSTORAGECLOSETPATIO8'-0" X 5'-0"THIRDBEDROOM11'-3" X 12'-0"LIVING SPACE11'-0" X 12'-0"KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2VTACW/DSECONDARYBEDROOM11'-3" X 11'-6"BATHROOM 1 WHSTORAGECLOSETPATIO8'-0" X 5'-0"THIRDBEDROOM11'-3" X 12'-0"LIVING SPACE11'-0" X 12'-0"KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2VTACW/DSECONDARYBEDROOM11'-3" X 11'-6"BATHROOM 1 WHSTORAGECLOSETPATIO8'-0" X 5'-0"8 UNITS PER FLOOR(1-2's / 7-3's)4 LEVELS = 49,520 GSF (INCLUDING DECKS)ROOF TOP DECK32 UNITS = 92 TOTAL BEDROOMSTHIRDBEDROOM11'-3" X 12'-0"LIVING SPACE11'-0" X 12'-0"KITCHENVTACW/DSECONDARYBEDROOM11'-3" X 11'-6"BATHROOM 1 WHSTORAGECLOSETPATIO8'-0" X 5'-0"BUILDING A SCHEMATIC FLOOR PLANSDrawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1/8" = 1'-0"1BUILDING "A" TYPICAL PLANSAA2.011/30/2022 MEF MEF 85 W/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2WHACCESSVTACW/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2WHACCESSVTACW/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENWHACCESSVTACUPUP145'-10"32'-0"5'-6"19'-6"7'-6"5'-0"69'-6"1245678AFGHIJKLWATERENTRYROOMBUILDING C - TYPICAL FLOOR PLANPATIO8'-0" X 5'-0"PATIO8'-0" X 5'-0"PATIO8'-0" X 5'-0"MNW/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2WHACCESSVTACPATIO8'-0" X 5'-0"W/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2WHACCESSVTACPATIO8'-0" X 5'-0"W/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENPRIMARYBEDROOM11'-0" X 13'-0"BATHROOM 2WHACCESSVTACPATIO8'-0" X 5'-0"OPQVENDING8 UNITS PER FLOOR(3-1's / 5-2's)4 LEVELS = 37,520 GSF (INCLUDING DECKS)ROOF TOP DECK32 UNITS = 52 TOTAL BEDROOMSW/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENWHACCESSVTACPATIO8'-0" X 5'-0"W/DSECONDARYBEDROOM11'-3" X 11'-6"LIVING SPACE11'-0" X 12'-0"BATHROOM 1KITCHENWHACCESSVTACPATIO8'-0" X 5'-0"BUILDING C SCHEMATIC FLOOR PLANSDrawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1/8" = 1'-0"1BUILDING "C" TYPICAL PLANSAC2.011/30/2022 MEF MEF 86 BUILDING D - TYPICAL FLOOR PLAN12 UNITS PER FLOOR(3-1's / 9-2's)4 LEVELS = 50,340 GSF (INCLUDING DECKS)ROOF TOP DECK48 UNITS = 84 TOTAL BEDROOMSUP209'-11"11'-7"ABCDEFGHIJ11'-8"11'-8"11'-8"11'-8"11'-8"11'-8"11'-8"DNLIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHLIVING SPACE10'-10" X 13'-0"KITCHENPANTRYTVVTACPATIO9'-0" X 5'-0"VTACPATIO9'-0" X 5'-0"LIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSVTACPATIO9'-0" X 5'-0"KLMNOLIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSVTACPATIO9'-0" X 5'-0"PQRSLIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSVTACPATIO9'-0" X 5'-0"LIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHLIVING SPACE10'-10" X 13'-0"KITCHENPANTRYTVVTACPATIO9'-0" X 5'-0"VTACPATIO9'-0" X 5'-0"32'-0"5'-6"19'-6"7'-6"5'-0" 69'-6"1245678LIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSVTACPATIO9'-0" X 5'-0"LIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSVTACPATIO9'-0" X 5'-0"LIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHVTACPATIO9'-0" X 5'-0"ACCESSLIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2PANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHVTACPATIO9'-0" X 5'-0"W/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHLIVING SPACE10'-10" X 13'-0"KITCHENPANTRYTVVTACPATIO9'-0" X 5'-0"UPWATERENTRYROOMVENDINGBUILDING B SCHEMATIC FLOOR PLANSDrawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1/8" = 1'-0"1BUILDING "B" TYPICAL PLANSAD2.011/30/2022 MEF MEF 87 1 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #21 BED / 1 BATH610 SFBEDROOM #1LIVING SPACEKITCHENBATH2 BED / 2 BATH850 SFKITCHENLIVING SPACEBEDROOM #1BEDROOM #2STAIR3 BED / 2 BATH1050 SFKITCHENLIVING SPACEBEDROOM#1BEDROOM #2BEDROOM #32 BED / 1 BATH702 SFBEDROOM #1LIVING SPACEKITCHENBATHBEDROOM #28 - UNITS MAIN LEVEL(2 - 1's / 4 - 2's / 2 - 3's)4 LEVELS = 29,600 GSFROOF TOP PATIO32 UNITS = 64 TOTAL BEDROOMSBUILDING E - MAIN LEVEL FLOOR PLANABC64'-0"124578DEFGH144'-0"2BUILDING E SCHEMATIC FLOOR PLANSDrawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1/8" = 1'-0"1BUILDING "F" MAIN LEVEL PLANAE2.011/30/2022 MEF MEF 88 8 - UNITS MAIN LEVEL(4 - 4's / 4 - 2's)4 LEVELS = 48,000 GSFROOF TOP PATIO32 UNITS = 102 TOTAL BEDROOMSWHREF.DWWWHWHBEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4BATH #1BATH #2PANTRYLNLNVTACUPWHREF.DW WWHWHBEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4BATH#1BATH #2PANTRYLNLNVTACUPWHBATH #2PANTRYLNF101F102F103F104BEDROOM#1BEDROOM#2BEDROOM#1BEDROOM#2BEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4BEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4F108F107F106F105BEDROOM#1BEDROOM#2BEDROOM#1BEDROOM#2BUILDING F - MAIN LEVEL FLOOR PLAN189'-2"ABCDEFGHIJKLMNOPQ30'-3"5'-6"28'-3"2'-0" 66'-0"124578BUILDING F SCHEMATIC FLOOR PLANSDrawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1/8" = 1'-0"1BUILDING "F" MAIN LEVEL PLANAF2.011/30/2022 MEF MEF 89 WHREF.DWWWH BEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4BATH#1BATH#2PANTRYLNLNVTACUPDNWHREF.DW WBEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4BATH#1BATH#2PANTRYLNLNVTACUPDNWHBATH#2PANTRYLNF201F202F203F204BEDROOM#1BEDROOM#2BEDROOM#1BEDROOM#2BEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4F208F207BEDROOM#1BEDROOM#28 - UNITS 2/3/4 LEVELS(4 - 4's / 4 - 3's) PER FLOOR4 LEVELS = 48,000 GSFROOF TOP PATIO32 UNITS = 102 TOTAL BEDROOMSWHBEDROOM#3WHBEDROOM#2BEDROOM#3BEDROOM#1BEDROOM#4F205F206BEDROOM#1BEDROOM#2WHBEDROOM#3BUILDING F - 2/3/4 LEVEL FLOOR PLANS189'-2"ABCDEFGHIJKLMNOPQ30'-3"5'-6"28'-3"2'-0" 66'-0"124578BUILDING F SCHEMATIC FLOOR PLANSDrawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1/8" = 1'-0"1BUILDING "F" 2/3/4 LEVEL PLANSAF2.111/30/2022 MEF MEF 90 SCHEMATIC UNIT PLANS Drawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 816571DESIGN IMAGESA3.010/12/2022 MEF MEF ROOF TOP DECKBIKE STORAGEEV CHARGING STATIONSCAR SHARE PROGRAMWORK OUTROOMCOMMUNITY ROOMTYPICAL STAIRUNIT ENTRY DOORELEVATORGATHERINGSPACESMASSING STUDIESTYPICALUNITFINISH91 "A" - STUDIO UNIT420 SF02'6'LIVING SPACE13'-6" X 15'-0"W/DBATHROOMPATIO10'-6" X 4'-6""B" - 1 BEDROOM UNIT625 SF02'6'W/DBEDROOM 111'-0" X 11'-0"LIVING SPACE11'-0" X 11'-0"PATIO8'-0" X 4'-6"BATHROOMKITCHEN"C" - 2 BEDROOM UNIT915 SF02'6'LIVING SPACE10'-10" X 13'-0"KITCHENPRIMARYBEDROOM10'-7" X 13'-0"BATHROOM 2VTACPANTRYTVW/DSECONDARYBEDROOM10'-10" X 12'-6"BATHROOM 1WHACCESSPATIO8'-0" X 4'-6""D" - 3 BEDROOM UNIT1300 SF02'6'LIVING SPACE11'-0" X 11'-0"KITCHENBEDROOM 211'-0" X 11'-6"BATHROOM 2STORAGEBEDROOM 39'-0" X 12'-6"W/DBATHROOM 1BEDROOM 111'-0" X 11'-0"WHREF.DWW/DBATH #2PANTRYLNLNBATHROOM 1BEDROOM 111'-0" X 11'-6"KITCHENLIVING SPACE11'-0" X 11'-0"BEDROOM 211'-0" X 10'-6"BEDROOM 311'-0" X 11'-6"BEDROOM 411'-0" X 10'-6""E" - 4 BEDROOM UNIT1425 SF02'6'SCHEMATIC UNIT PLANS Drawn by: Checked by: Sheet Revisions: Sheet titleStampDate: Project No: 2022 TRIUMPH www.triumphdev.com TRIUMPH DEVELOPMENT WEST 105 Edwards Village Blvd #C201 Edwards CO 81632 P.O.Box 2444 TIMBER RIDGE - PHASE II VAIL, C0 81657 1/4" = 1'-0"1SCHEMATIC UNIT PLANSA8.011/30/2022 MEF MEF 92 AGENDA ITEM NO. 7.1 Item Cover Page DATE:December 6, 2022 TIME:15 min. SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Resolution No. 57, Series of 2022, A Resolution Concerning Appointments to the Eagle Valley Transportation Authority Board SUGGESTED ACTION:Appoint ________________ as the Town of Vail Regional Transit Authority representative. Appoint ________________ as the Town of Vail Regional Transit Authority alternate representative. PRESENTER(S):Greg Hall, Public Works and Transportation Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 221206 RTA Board.pdf Res. 57 RTA Board Designation.pdf IGA Eagle Valley Transportation Authority (Execution Version- Combined with Exhibits.pdf 93 TO: Vail Town Council FROM: Town Manager’s Office DATE: December 6, 2022 SUBJECT: Resolution No. 55, Series 2022: Board appointments for the Eagle Valley Transportation Authority I. SUMMARY Resolution No. 55, Series 2022 will appoint a council member to serve as a board member for the EVTA and also to appoint an alternate representative for the Town of Vail. II. BACKGROUND On May 17, 2022, Vail Town Council approved an Intergovernmental Agreement (IGA) to participate in the Eagle Valley Transportation Authority (EVTA) should the formation of the EVTA be approved by voters in November. In November 2022, voters in Vail, Avon, Eagle, Minturn, Red Cliff, Eagle County and Beaver Creek Metro District approved the formation of the Eagle Valley Transportation Authority and approved a 0.5% sales tax dedicated to the EVTA to enhance, expand and improve regional transportation. Planned improvements include expanding transit service express routes, and transportation options across the Eagle Valley; enhancing connections between Gypsum and Eagle and other communities; enhancing air service and improving access at Eagle County Airport; providing a fare-free transit zone from Edwards to Vail, including Avon, Beaver Creek, Minturn and Eagle-Vail; and reducing environmental impacts from transportation. II. DISCUSSION As a part of the IGA forming the EVTA, Vail Town Council must appoint a board member and an alternate to represent the Town of Vail. Please see the attached IGA and Resolution No. 55, Series 2022 for reference. The first board meeting will be held on December 16th, from 9:00 – 10:30am at Avon Town Council Chambers II. ACTION REQUESTED OF COUNCIL Staff requests that Town Council appoint a board member and alternate for the newly-formed Regional Transportation Authority to represent the Town of Vail. The appointed members will be named in Resolution No. 55, Series 2022 upon passing. 94 Resolution No. 57, Series of 2022 RESOLUTION NO. 57 SERIES OF 2022 A RESOLUTION CONCERNING APPOINTMENTS TO THE EAGLE VALLEY TRANSPORTATION AUTHORITY BOARD WHEREAS, pursuant to Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended, the Eagle Valley Transportation Authority (“Authority) was formed on November 9, 2022 by an Intergovernmental Agreement including the Town of Vail; WHEREAS, pursuant to Article 3 of the Intergovernmental Agreement, each Member of the Authority shall appoint a Director and an alternate Director to the Board of Directors; WHEREAS, ___________________ has been appointed the voting Director of the Authority; and WHEREAS, ___________________ has been appointed the alternate voting Director of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. ________________ is hereby appointed to the Eagle Valley Transportation Authority as Director to the Board of Directors of the Authority. Section 2. ________________ is hereby appointed to the Eagle Valley Transportation Authority as alternate Director to the Board of Directors of the Authority. Section 3. Said terms shall begin with the first meeting of the Board of Directors and shall continue until either the date on which a successor is duly appointed or the date on which he or she ceases to be a member of the Town of Vail governing body. Section 4. The foregoing appointments and designations do not constitute contractual obligations of the Town of Vail nor the Board, and the Town and the Board are not legally bound for the respective terms of appointments as specified herein below, the Town, by and through the Board, having the authority, in its sole discretion, to change, add, or abolish such appointments and designations and to fill vacancies as it sees fit. Section 5. The board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the Town of Vail, State of Colorado. 95 Resolution No. 57, Series of 2022 INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of December, 2022. ________________________________ Kim Langmaid, Mayor, Town of Vail ATTEST: Stephanie Bibbens, Town Clerk 96 11/28/22, 2:58 PM BoardDocs® Plus https://go.boarddocs.com/co/eagleco/Board.nsf/Private?open&login 1/2 Agenda Item Details Public Content Administrative Content Meeting Jan 01, 2050 - *****Signature Workflow***** Category A. BoCC Signature Subject 11. Execution of Eagle Valley Transportation Authority Intergovernmental Agreement Access Public Type Action Preferred Date Dec 06, 2022 Absolute Date Dec 13, 2022 Recommended Action Approve Prepared By: Tanya Allen Department: ECO Transit Executive Summary: Voters in 7 of 8 jurisdictions contemplating the formation of the Eagle Valley Transportation Authority approved the formation of the new Authority at the November 8, 2022 election. Each jurisdiction approved its signature on the IGA prior to referring it the ballot. We are now circulating a copy for execution by all jurisdictions that voted in via Docusign. Copies of each jurisdiction's approval resolution are attached. Reviewing Attorney: Bryan Treu BoCC signature?: Yes BCMD Resolution.pdf (2,676 KB)Res 33-2022 RTA FINAL - Minturn.pdf (1,636 KB) Resolution 5, Series 2022 - Red Cliff.PDF (147 KB) Town of Avon Resolution No. 22-19 Ballot Question EVTA.pdf (6,342 KB) DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 Approved as to form: 97 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among BEAVER CREEK METROPOLITAN DISTRICT TOWN OF AVON, COLORADO EAGLE COUNTY, COLORADO TOWN OF EAGLE, COLORADO TOWN OF GYPSUM, COLORADO TOWN OF MINTURN, COLORADO TOWN OF RED CLIFF, COLORADO and TOWN OF VAIL, COLORADO Dated as of September 1, 2022 Providing for the establishment of the “Eagle Valley Transportation Authority” as a Colorado Regional Transportation Authority pursuant to the Regional Transportation Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 98 i TABLE OF CONTENTS Page DEFINITIONS ............................................................................................................2 ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS ...............4 BOARD OF DIRECTORS .........................................................................................7 ADVISORY COMMITTEES ...................................................................................10 OFFICERS ................................................................................................................10 POWERS OF THE AUTHORITY ...........................................................................12 FUNDING THE AUTHORITY................................................................................15 REORGANIZATION ...............................................................................................16 MEMBERS ...............................................................................................................18 TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION .................19 DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES .....................................................................................19 AMENDMENTS ....................................................................................................20 MISCELLANEOUS ...............................................................................................20 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 99 1 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT THIS EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of September 1, 2022, by and among the BEAVER CREEK METROPOLITAN DISTRICT, the TOWN OF AVON, COLORADO; EAGLE COUNTY, COLORADO; the TOWN OF EAGLE, COLORADO; the TOWN OF GYPSUM, COLORADO; the TOWN OF MINTURN, COLORADO; the TOWN OF RED CLIFF, COLORADO; and the TOWN OF VAIL, COLORADO (together the “Initial Signatories”). RECITALS WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties, municipalities, and special districts with street improvement, safety protection, or transportation powers, are authorized to establish, by contract, regional transportation authorities, which, upon the satisfaction of the conditions set forth therein, are authorized to finance, construct, operate and maintain regional transportation systems; WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statute”), and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; WHEREAS, the Initial Signatories are a Colorado county, a Colorado special district, and certain Colorado municipalities located within the boundaries of Eagle County that desire to form a regional transportation authority to serve the greater Eagle River Valley community pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating, and maintaining regional transportation systems; WHEREAS, enhancing regional transportation services for Eagle County residents, businesses and visitors is a crucial step in meeting the communities’ workforce, economic and climate goals, and regional transportation services support Eagle County socially and economically, helping employees get to work safely and visitors to enjoy their Eagle County experience; WHEREAS, the signatories of this Agreement wish to work toward collaborative solutions that will increase transportation and transit options throughout the greater Eagle River Valley, as well as increase air connections to the Eagle River Valley; DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 100 2 WHEREAS, extensive input from local businesses, employees, nonprofits and community members have made clear that the creation of a Regional Transportation Authority (“RTA”) is a desirable way to plan, finance, implement and operate a more comprehensive regional transportation system that better meets the needs of communities; WHEREAS, an RTA serving the greater Eagle River Valley is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to the valley’s visitors and employee base, strengthen the connection between the valley’s different communities, and advance local climate action goals by reducing car trips and increasing the use of low or zero emission public transportation; and WHEREAS, transit services promote independent living for the elderly and the disabled by providing essential links to medical, social and other services, and the region recognizes the need to improve mobility options for all segments of the population; AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Initial Signatories hereby agree as follows: DEFINITIONS Definitions from the Act. The following terms shall, when capitalized, have the meanings assigned to them in Section 602 of the Act: “Bond,” “Construct,” “Construction,” “County,” “Municipality,” “Person,” “Regional Transportation Activity Enterprise,” “Regional Transportation System,” and “State”. Other Definitions. The following terms shall, when capitalized, have the following meanings: “Act” is defined in the Recitals. “Advisory Committee” means two or more persons appointed by the Board pursuant to Article 4 of this Agreement for the purpose of providing advice to the Board. “Agreement” means this Eagle Valley Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms contained herein. “Alternate Director” means any person appointed as an Alternate Director pursuant to Section 3.03 of this Agreement. “Authority” means the Eagle Valley Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a regional transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 101 3 “Authority Sales Tax” means a sales tax levied by the Authority in all or any designated portion of the Members in accordance with Section 605(1)(j)(1) of the Act. “Authorized Transportation Projects” refers to the Regional Transportation Systems projects described in Appendix C of this Agreement, as such projects may be amended from time to time in accordance with Article 6 of this Agreement. “Ballot Question” refers to any of the questions listed in Section 2.04(a)(i)-(viii) of this Agreement, and shall mean a “Ballot Issue,” as defined in Title 1, Article 1, Part 104(2.3), Colorado Revised Statutes, as amended. The Ballot Question for each of the Initial Signatories are collectively referred to as the “Ballot Questions.” “Board” means the Board of Directors of the Authority. “Boundaries” means the boundaries of the Authority illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement, as such Appendices may be amended from time- to-time in accordance with Article 12 of this Agreement. “CDOT” means the Colorado Department of Transportation. “Director” means any person appointed as a Director pursuant to Section 3.02 of this Agreement Whenever the person appointed as a Member’s Director is absent from a Board meeting, the term “Director” shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 of this Agreement. “Division of Local Government” means the Division of Local Government in the State Department of Local Affairs. “ECRTA” means the Eagle County Regional Transit Authority (Fund 1151) which operates Eagle County’s current ECO Transit public transportation service, and which is also referred to in this Agreement as “ECO Transit.” “Election” means the November 8, 2022, general election, at which the Ballot Questions seeking the voter approvals described in Section 2.04(a) of this Agreement are to be submitted by the Initial Signatories. “Governing Body” means, when used with respect to a Member, the town council, board of trustees, board of commissioners, board of directors, or other legislative body, as appropriate, of such Member. “Initial Boundaries” means the Boundaries of the Authority on the date the Authority is originally established pursuant to Article Section 2.03 of this Agreement, as such Initial Boundaries are illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. “Initial Members” means the Initial Signatories who become Members on the date on which the Authority is originally established pursuant to Section 2.05 of this Agreement. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 102 4 “Initial Signatories” means the county, special district, and municipalities that are signatories to this Agreement in its original form. “Intergovernmental Relations Statute” is defined in the Recitals. “Member” means (a) the Initial Members and (b) the State or any Municipality or County or special district that becomes a member of the Authority pursuant to Section 9.03 of this Agreement. “MOU” means the Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee entered into by and among the Initial Signatories for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Valley community. “Officer” means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. “Regional Transportation Systems” shall have the meaning given to it in Section 602(16) of the Act. “Transition Plan” shall have the meaning given to it in Section 8.03(a) of this Agreement. ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS Establishment. A regional transportation authority to be known as the “Eagle Valley Transportation Authority” shall be established as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by this Agreement among the Initial Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a)each Initial Member (i) has held at least two public hearings on the subject of this Agreement in accordance with Section 603(3) of the Act; and (ii) has executed this Agreement, which execution shall constitute a representation by such Initial Member to the other Initial Members that the executing Initial Member has held the public hearings required by Section 603(3) of the Act and that the Governing Body of such Initial Member has duly authorized its execution, delivery and performance of this Agreement; (b)this Agreement has been submitted for approval, and has been approved by, a majority of the registered electors residing within the boundaries of the Initial Members at the time of the Election who voted in the Election, which, for purposes of the Election, shall be determined based on the votes cast on the Ballot Questions approved by the registered electors voting on the Ballot Questions that approve the participation in the Authority; and DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 103 5 (c)the Director of the Division of Local Government has issued a certificate pursuant to Section 603(1) of the Act stating that the Authority has been duly organized according to the laws of the State. Purpose. The purpose of the Authority is to plan, finance, implement, and operate an efficient, sustainable, and regional public multimodal transportation system at any location or locations within or without the Boundaries of the Authority, and exercise any or all other powers authorized by, and subject to compliance with, the Act. Boundaries. Subject to Section 2.05 and any amendment to reflect the outcome of the Ballot Questions, the Initial Boundaries of the Authority shall be as illustrated in Appendix A- 1 and described in Appendix A-2 of this Agreement. For any territory included or annexed in the boundaries of a Member, the Boundaries shall automatically be amended to include such territory that has been included or annexed into the boundaries of the Member (for taxation purposes, as if such territory was included in the Boundaries of the Authority because the territory is included in the boundaries of such Member). Voter Approval. (a)The Initial Signatories agree to submit Ballot Questions seeking voter approval of the establishment of the Authority; the baseline funding of the Authority in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at the Election. Eight separate questions, which are hereafter referred to by the names indicated below and drafts of which are attached of this Agreement as Appendixes B-1 through B-8, shall be submitted to the registered electors residing within the following described areas within the boundaries of the Initial Signatories: (i)the “Avon Question,” a draft of which is attached hereto as Appendix B-1, shall be submitted to the electors of the Town of Avon; (ii)the “Beaver Creek Question,” a draft of which is attached hereto as Appendix B-2, shall be submitted to the electors of the Beaver Creek Metropolitan District; (iii)the “Eagle Question,” a draft of which is attached hereto as Appendix B-3, shall be submitted to the electors of the Town of Eagle; (iv)the “Gypsum Question,” a draft of which is attached hereto as Appendix B- 4, shall be submitted to the electors of the Town of Gypsum; (v)the “Minturn Question,” a draft of which is attached hereto as Appendix B- 5, shall be submitted to the electors of the Town of Minturn; (vi)the “Red Cliff Question,” a draft of which is attached hereto as Appendix B-6, shall be submitted to the electors of the Town of Red Cliff; (vii)the “Vail Question,” a draft of which is attached hereto as Appendix B-7, shall be submitted to the electors of the Town of Vail; and DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 104 6 (viii) the “Unincorporated Eagle County Question,” a draft of which is attached hereto as Appendix B-8, shall be submitted to the electors of the unincorporated area of Eagle County within the boundaries described in Appendix A-2, exclusive of electors residing in the municipalities and special district that are Initial Signatories of this Agreement. (b) With the intent to put forth these measures as a coordinated election under the administration of the Eagle County Clerk and Recorder, the Governing Body of the Initial Signatory named in the title of each Ballot Question shall take all actions necessary to submit such Ballot Question to the appropriate registered electors at the Election. Each Ballot Question submitted to the registered electors shall be consistent with the terms of this Agreement and the corresponding draft Ballot Question attached in Appendices B-1 through B-8. The designated election official for a coordinated election shall be the Eagle County Clerk and Recorder. (c) The costs of conducting the Election shall be payable by each Initial Signatory in the following proportions: (i) 10.76% by the Town of Avon; (ii) 0.87% by the Beaver Creek Metropolitan District; (iii) 16.12% by the Town of Eagle; (iv) 15.56% by the Town of Gypsum; (v) 2.66% by the Town of Minturn; (vi) 0.84% by the Town of Red Cliff; (vii) 13.66% by the Town of Vail; and (viii) and 39.53% by Eagle County. Initial Members. (a) Subject to Section 2.05(b) of this Agreement, the Initial Signatories whose participation in the Authority is authorized by a majority of the registered electors voting on the Ballot Questions indicated below shall be the Initial Members of the Authority on the date the Authority is originally established pursuant to this Agreement: (i) the Town of Avon will be an Initial Member if the Town of Avon electors approve the Avon Question; (ii) the Beaver Creek Metropolitan District will be an Initial Member if the Beaver Creek Metropolitan District electors approve the Beaver Creek Question; (iii) the Town of Eagle will be an Initial Member if the Town of Eagle electors approve the Eagle Question; DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 105 7 (iv) the Town of Gypsum will be an Initial Member if the Town of Gypsum electors approve the Gypsum Question; (v) the Town of Minturn will be an Initial Member if the Town of Minturn electors approve the Minturn Question; (vi) the Town of Red Cliff will be an Initial Member if the Town of Red Cliff electors approve the Red Cliff Question; (vii) the Town of Vail will be an Initial Member if the Town of Vail electors approve the Vail Question; and (viii) Eagle County will be an Initial Member if the electors within the unincorporated area of Eagle County described in Section 2.04(a)(viii) approve the Unincorporated Eagle County Question. (b) The Initial Signatories agree that in order for the Regional Transportation Systems to be efficiently and effectively provided within the Authority’s service area, participation of each of the Town of Avon, the Beaver Creek Metropolitan District, Eagle County, and the Town of Vail, is essential. This Agreement will terminate automatically and be of no further force and effect if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question do not each approve their respective ballot questions at the Election. BOARD OF DIRECTORS Establishment and Powers. The Authority shall be governed by a Board of Directors as described in this Article 3. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate or prescribe the performance of any of its powers to any Director, Officer, employee or agent of the Authority with sufficient direction to comply with the non-delegation doctrine. Directors. The Board shall be composed of one Director appointed by each Member. Alternate Directors. In addition to the Director appointed by it, each Member shall appoint an Alternate Director who shall be deemed to be such Member’s Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member’s Director is absent from a Board meeting, or in the event such Director has resigned or been removed and no replacement Director has been appointed. Appointment of Directors and Alternate Directors. As required by Section 603(2)(b)(1) of the Act, the Director and the Alternate Director appointed by a Member shall both be members of the Governing Body of such Member, and shall be appointed as a Director or Alternate Director by the Governing Body of such Member. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 106 8 Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until (a) the date on which a successor is duly appointed or (b) the date on which he or she ceases to be a member of the Governing Body of the appointing Member. Resignation and Removal. Any Director or Alternate Director (a) may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning; and (b) may be removed at any time by the Governing Body of the Member that appointed him or her, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Sections 3.02 through 3.04 of this Agreement. Compensation. Directors and Alternate Directors shall serve without compensation, but may be reimbursed for expenses incurred in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. Meetings, Notice. The Board shall annually establish times for regular meetings of the Board, which shall meet no less than quarterly. The Board may additionally call special meetings as it deems necessary or desirable. Meetings will be held at the location as may from time to time be designated by the Board. Public notice of meetings shall be posted in the locations established by the Board, in accordance with the Colorado Open Meetings Law, Section 24-6-401 et seq., Colorado Revised Statutes, as amended. Except in the case of special or emergency meetings where such advance notice is not practicable, the Authority shall provide at least 48 hours’ advance notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Resolutions, Quorum. All actions of the Board shall be by resolution, which may be written or oral, approved at a meeting that is open to the public according to the voting requirements set forth in Section 3.11. At least a quorum shall be necessary to take any Board action and at least two-thirds of all Directors then in office who are eligible to vote thereon will be required for action pursuant to Section 3.11(a). A quorum shall mean a number of Directors greater than half the total number of Directors then in office (which, if all Initial Signatories become Initial Members, will be five of the eight initial Directors). The Board may establish bylaws setting forth specific requirements for electronic participation by a Director in a meeting, including requirements for a Director participating electronically to be considered “present” for purposes of establishing a quorum and voting on agenda items, among other topics. Voting Requirements. (a) Except as otherwise provided in subsection (b) of this Section and Article 12 of this Agreement, resolutions of the Board shall be adopted upon the affirmative vote of at least two- thirds of the Directors then in office who are eligible to vote thereon (which, if all Initial Signatories become Initial Members and no Director is ineligible to vote, will be six of the eight initial Directors). DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 107 9 (b)Provided a quorum is present, the following actions shall be approved upon the affirmative vote of a majority of the Directors of the Board then present who are eligible to vote thereon: (i)administrative approvals such as setting meeting locations and times and ministerial actions required for the Authority’s compliance with applicable law; (ii)approvals authorized by bylaws or rules previously approved by the Board; (iii)approval of contracts for expenditures included in an annual budget previously approved by the Board; (iv)approval of contracts for transportation services included in an annual budget previously approved by the Board; (v)approval of contracts for the assumptions of existing facilities and transportation infrastructure, or the development of new facilities and transportation infrastructure, included in an annual budget previously approved by the Board; and (vi)other actions that are reasonably incidental to prior Board approvals made under subsection (a) of this Section. Special Rules Regarding Adoption of the Authority’s Annual Budget. Notwithstanding Section 3.10 of this Agreement, if the Board fails to approve the Authority’s annual budget by resolution adopted in accordance with Section 3.10 of this Agreement by the end of the immediately preceding fiscal year of the Authority or any earlier date required by State law, until an annual budget is so adopted, the Authority’s budget for such year shall be the prior year’s budget, with no new capital expenditures or adjustments to services to be provided until such time that a new annual budget is approved by the Board. The procedures set forth in this Section may be modified by bylaws or rules adopted in accordance with Section 3.15 of this Agreement. Director Conflicts of Interest. Notwithstanding any other provision of this Agreement, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with Sections 18-8-308 and 24-18-101 et seq., Colorado Revised Statutes, as amended. Powers of the Board. The Board shall, subject to the limitations set forth of this Agreement, have (a) all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act, including, but not limited to, the powers conferred by Sections 604(1) and (3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity that has been lawfully created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Bylaws and Rules. The Board, acting by resolution adopted as provided for in Section 3.10 and Section 3.11 of this Agreement, may adopt bylaws or rules governing the activities of the Authority and the Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings, voting procedures, the type of resolutions that must be in writing, DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 108 10 and procedures for the resolution of issues on which a two-thirds majority cannot be obtained in accordance with Section 3.11(a) of this Agreement. Additional Directors. If at any time there are four or fewer Members, then, notwithstanding any other provision of this Agreement, in order to comply with the provisions of Section 603(2)(b)(1) of the Act requiring at least five Directors, the Directors representing the remaining Members shall, by unanimous consent, appoint such additional Directors and Alternate Directors as are necessary for there to be five Directors, and may likewise remove such Directors and Alternative Directors by consensus of the Directors appointed directly by the Members . If such remaining Directors are unable to reach unanimous consent, each Member shall appoint a second Director, until the total number of Members exceeds five at which time each Member shall revert to appointing a sole Director. References. All references of this Agreement to the Director and Alternate Director of a Member shall be deemed to refer to the initial and the additional Director and Alternate Director, as appropriate, appointed by such Member. ADVISORY COMMITTEES The Board may appoint, maintain, and/or disband one or more Advisory Committees at any time in order to advise the Board with respect to policy and service matters. Advisory Committees shall not be authorized to exercise any power of the Board. OFFICERS Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article 5. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriat e in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and customary for DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 109 11 the office of the chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Vice Chair. The Vice Chair shall be the Officer next in seniority after the Chair and, upon the death, absence or disability of the Chair, shall have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep written minutes of such meetings, have charge of the Authority’s seal (if any), be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority’s seal to any instrument requiring it (and, when so impressed or affixed, it may be attested by his or her signature), and have such other authority, powers and duties as arc appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Treasurer. The Treasurer shall, subject to rules and procedures established by the Board, be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for ensuring the timely preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give or authorize receipts and vouchers, to sign and endorse checks and warrants in the Authority’s name and on the Authority’s behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall ensure that full and accurate records of the receipts and disbursements are maintained, and shall ensure that all moneys and other valuables are deposited in such depositories as shall be designated by the Board. The Treasurer shall ensure deposit and investment of all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of regional transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Executive Director. The Executive Director shall be the chief executive officer of the Authority, shall supervise the activities of the Authority, shall see that all policies, directions and orders of the Board are carried out and shall, under the supervision of the Board, have such other authority, powers or duties as may be prescribed by the Board. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 110 12 Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article 5, the Board at any time may expand, limit or modify the authority, powers and duties of any Officer or employee. Vacancies. Vacancies in the office of any Officer or employee shall be filled in the same manner in which such office was originally filled. Compensation. The Authority shall determine and may compensate Officers and employees who are not Directors or Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. POWERS OF THE AUTHORITY General Grant of Powers. The Authority shall, subject to the limitations set forth in this Agreement, have (i) all of the powers granted to regional transportation authorities by the Act and (ii) all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Specific Responsibilities. In addition to the general powers described in Section 6.01 of this Agreement, the Authority shall have the responsibilities described in this Section and shall have all powers necessary or convenient to carry out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 of this Agreement. (a) Regional Transportation Systems. The Authority shall coordinate and may operate and fund Regional Transportation Systems and provide such related services as are necessary in order to effect the Authorized Transportation Projects described in Appendix C, as may be amended from time to time in accordance with Article 12 of this Agreement. (b) Regional Transportation Planning. The Authority shall engage in annual regional transportation planning to direct the implementation of Regional Transportation Systems, pursue local, state, or federal funding, and coordinate overall transportation policy within the area in which it provides transit services. Regional transportation planning shall, as determined by the Board, include short range service and infrastructure planning as well as long range planning, corridor investment studies and related impact analyses. (c) Regional Transportation Demand Management. The Authority shall develop plans, programs, and materials to support individuals and employers in their efforts to reduce single- occupancy vehicle trips and mitigate climate impacts in Eagle County, in coordination with local jurisdictions, CDOT, the Northwest Colorado Council of Governments, the I-70 Coalition, and other relevant organizations. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 111 13 (d) Enhance Local, State, and Federal Coordination. (i) The Authority shall represent the Eagle Valley region with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations. (ii) The Authority shall coordinate with CDOT and federal governing agencies to enhance regional transit, including but not limited to, improvements to connections to the Authority area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport. (e) First-Last Mile Solutions. The Authority may study, design, financially support, and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to park and rides, pedestrian crossings, and regional innovative mobility programs such as regional e-bike sharing, on-demand microtransit, and community vanpools. (f) Contract Transit Services. (i) The Authority may enter into contracts with any Member or other person or entity for the provision of transit services in the manner and subject to the terms of such contracts. (ii) The Authority will initially enter into contracts with Eagle County for the continuation of ECO Transit service during the ECRTA Transition Period (as set out more specifically in Article 8 below) and shall reasonably cooperate with Eagle County to provide for the continuation of employment for personnel currently employed by Eagle County in the provision of transit services within the Boundaries of the Authority during the ECRTA Transition Period, and on eventual transition to employment by the Authority, as further described in the Transition Plan (defined in Section 8.03). (g) Local Service. The Authority may fund services that operate solely within the boundaries of a single Member (as distinguished from regional services) but, except as otherwise specifically provided in this Agreement, only pursuant to an agreement to which such Member pays the Authority for the services provided on the same fully allocated cost basis used to determine costs of Authority services throughout the Authority’s service area. (h) Transportation Related Infrastructure. The Authority may assume the maintenance of existing facilities and may develop new facilities, including but not limited to park-and-rides, transit stops, vehicle maintenance garages, other transit and rail infrastructure, trails, or other necessary infrastructure related to operations under the purview of the Authority. (i) Planning, Construction, and Maintenance of Regional Trails and Pedestrian Infrastructure. (i) The Authority shall provide planning and funding support for regional public trail maintenance, improvement, and construction, in cooperation with Members, DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 112 14 advisory groups and other agencies, including but not limited to the U.S. Forest Service, the Bureau of Land Management, and CDOT. The Authority will place emphasis on multi- modal transportation-oriented trails that provide improved accessibility and connections between transit nodes, population centers, and communities. (ii) The Authority may plan for transitioning the operations, maintenance, capital improvements, and funding required for Eagle County’s ECO Trails partnership, including the Eagle Valley Trail, after completion of all currently planned sections and no sooner than December 31, 2024, all in accordance with the Transition Plan. (j) Contract Air Services. The Authority may enter into contracts with commercial air service carriers for the provision of air services in the manner and subject to the terms of such contracts. (k) Roadway Improvements. In recognition of the proposed EGE Airport Interchange’s benefit to countywide transportation and its location as a potential future statewide multimodal transportation hub, the Authority shall provide financial support for the construction of an EGE Airport interchange, including the commitment of at least $12 million in funds, subject to appropriation and/or voter approval of other funding mechanisms therefor in the discretion of the Board of the Authority. Such funds are to be combined with local matching funds in support of the pursuit of state and federal grant funds. The Authority’s contribution of such funds shall be conditioned upon the interchange sponsors first securing all other required funds for construction of the EGE Airport Interchange from available federal, state, and local funding sources, and the Gypsum Question first being approved by the electors of the Town of Gypsum. The Authority’s role with regard to the EGE Airport Interchange would be limited to providing funds for construction as described in this Section. Limitations on Powers of the Authority. Notwithstanding Sections 6.01 and 6.02 of this Agreement, the powers of the Authority shall be limited as follows: (a) no action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to Section 20(4)(h) of Article X of the State Constitution shall take effect unless first submitted to a vote in accordance with Section 612 of the Act; (b) the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County, Municipality or special district Member where the proposed tax or fee would be imposed in accordance with Section 613 of the Act; and (c) a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division of Local Government and shall be filed with the State Auditor and the State Transportation Commission in accordance with Section 614 of the Act. Limitations. If any portion of the Regional Transportation System alters the physical structure of or negatively impacts the safe operation of any state or local transportation improvement, the Authority shall, upon the request of the Governing Body of the jurisdiction impacted by the transportation improvement, in order to ensure coordinated transportation planning, efficient allocation of resources, and the equitable sharing of costs, enter into an DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 113 15 intergovernmental agreement between the Authority and such jurisdiction concerning the applicable portion of the Regional Transportation System before commencing physical construction of that particular improvement. FUNDING THE AUTHORITY Baseline Funding. The baseline funding of the Authority shall be provided from the following sources: (a) Initial Authority Sales Tax. Subject to Section 2.05(b) of this Agreement, in the event of and upon approval by the registered electors of the Ballot Question for such Member, a sales tax of one-half percent (0.5%) shall be imposed in all areas within the boundaries of such Member. (b) Existing Eagle County 0.5% Transportation Sales Tax. Section 611(b) of the Act authorizes any county, municipality, or special district that is a Member to pledge any legally available funds to the Authority to assist in the financing, construction, operation, or maintenance of a regional transportation system by the Authority. Pursuant to this authorization, Eagle County shall pay to the Authority a proportion of the proceeds of the existing Eagle County 0.5% Transportation Sales Tax (the “Existing ECO Transit Tax”), previously authorized by the voters to finance, construct, operate or maintain a mass transportation system within Eagle County and currently allocated to ECRTA operations, that is accrued on and after January 1 of the year following the Effective Date of this Agreement, exclusive of all amounts collected in the areas of Eagle County that are within the boundaries of the Roaring Fork Transportation Authority. The proportion of the Existing ECO Transit Tax that is to be paid to the Authority shall be no less than 85% and no more than 90% of the total sum collected in Eagle County, in order to allow Eagle County to continue to meet its obligations to the ECO Trails program. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. The Authority shall apply revenues that it receives pursuant to this pledge solely for the financing, construction, operation, or maintenance of mass transportation systems within Eagle County, and such revenues shall not be used for air- service related purposes. The pledge of such revenues by Eagle County shall be a contribution of funds in support of services provided by the Authority and shall not be deemed to be a contract for the provision of mass transportation services. Discretionary Member Contributions. A Member may, at its sole discretion, offer to make cash contributions to the Authority, provide in-kind services to the Authority, or pay costs that otherwise would have been paid by the Authority (referred to as a “Discretionary Member Contribution”). If a Member offers to make a Discretionary Member Contribution, the Authority may, subject to Board approval on a case-by-case basis in its discretion, provide additional transportation services within the boundaries of such Member with a value, or grant such Member a credit against other contributions or contract service payments to the Authority by or on behalf of such Member, in an amount equivalent to the Discretionary Member Contribution. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 114 16 Pursuit of Grants. The Authority shall actively pursue grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of grants for transportation projects. Capital Projects and Bonds. The Authority may fund capital projects by the issuance of Authority Bonds pursuant to Section 609 of the Act if voter approval is obtained for the issuance of such Bonds as required by Section 612(2) of the Act; through lease-purchase agreements or other arrangements permitted by, and subject to compliance with the applicable provisions of, State and federal law; or through one or more agreements with one or more Members. Bond issuances by any Regional Transportation Enterprise formed by the Board pursuant to Section 606 of the Act do not require voter approval. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article 7 shall limit the Authority’s powers under the Act. REORGANIZATION Reorganization Plan. The Authority and Eagle County will undertake best efforts to transfer all assets and liabilities of ECRTA that are to be transferred to the Authority in accordance with this Article 8 and the Transition Plan within a 24-month period from the date of the Election authorizing establishment of the Authority (the “ECRTA Transition Period.”). ECRTA Transition Period. During the ECRTA Transition Period, the Authority will undertake the following: (a) The Authority will assume responsibility for the services provided by ECRTA and will begin receipt of transfers of the operating revenues of ECRTA (as distinguished from the contributions to the Roaring Fork Transportation Authority by its members) from Eagle County no later than January 1 of the year following formation of the Authority in accordance with Section 7.01(b) of this Agreement and the Transition Plan; provided, however, that the Authority may not allocate such revenues to any purpose other than funding of services provided by ECRTA, including payments under any contract with Eagle County referred to herein for services of employees or other assets of ECTRA, in order to ensure continuity of ECO Transit services during the ECRTA Transition Period as the provision of such services, and the transfer of assets and liabilities, transition from Eagle County to the Authority over such period. (b) For the purpose of continuity, the existing ECRTA Advisory Board shall be constituted as an Advisory Committee pursuant to Article 4 of this Agreement for the purpose of advising the Authority’s initial Board with respect to the transition of ECRTA services throughout the ECRTA Transition Period. The Authority Board may add or remove members of the ECRTA Advisory Board as provided for in this Agreement. (c) Either directly or by contract with Eagle County or others, the Authority shall use best efforts to: DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 115 17 (i) maintain continuity of the existing ECO Transit regional transit services provided by ECRTA within the Authority Boundaries and to neighboring jurisdictions, without any significant changes in routes, schedules, or equipment, during the ECRTA Transition Period, except as provided for in the Transition Plan; (ii) continue ongoing transportation planning efforts; (iii) enter into or assume contracts for transit services ECRTA currently provides to other Eagle County departments or entities no later than the end of the ECRTA Transition Period; and (iv) accommodate Member requests for additional or new local services on the same fully allocated cost basis used to determine the cost of Authority services throughout the Authority service area; (d) The Authority will assist Eagle County to cause all relevant Eagle County assets, liabilities, personnel, contracts, and operations to be formally transferred and assigned to the Authority, and to enter into any required intergovernmental agreement, leases, or other contractual arrangements to enable such transfers or assignments, prior to the conclusion of the ECRTA Transition Period; and (e) The ECRTA Transition Period will be deemed concluded when all issues set forth in the Transition Plan (defined in Section 8.03) have been addressed to the satisfaction of the Board and Eagle County. Transition Plan. (a) The Authority and Eagle County shall use their best efforts to implement a “Transition Plan,” substantially consistent with the framework set forth in the Transition Plan Framework attached hereto and incorporated herein as Appendix D, in order to implement the provisions of this Article 8. The Transition Plan will specify how merger issues, including those related to human resources, employee benefits, insurance, transfer of ECRTA assets, contractual relationships (e.g. with the Town of Vail and the Town of Avon), and matters concerning the allocation of operating and capital costs and resources will be resolved. The Transition Plan will be approved, and may be subsequently amended, by mutual agreement of the Authority and Eagle County, which approval and modifications shall not constitute an amendment to this Agreement and may be approved by the Authority Board as provided for under Section 3.11(a). Maintenance of Effort. It is the intent of Eagle County that the Authority continue to maintain countywide transit services following the completion of the Transition Period using the revenues generated by the Existing ECO Transit Tax. Any significant reduction to the geographic coverage of service or service standards, as compared to the services provided by ECO Transit during the Transition Period, shall require the prior consent of Eagle County. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 116 18 MEMBERS Initial Members. The Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 8, 2022, election as described in Section 2.05 of this Agreement. Withdrawal of Initial Members. (a) Following establishment of the Authority, a Member may withdraw from the Authority only if the Member’s withdrawal is approved at an election by a majority of the electors voting thereon. (b) If a Member withdraws from the Authority pursuant to subsection (a) of this Section: (i) the territory within the boundaries of such Member will be excluded from the Boundaries of the Authority; (ii) subject to Section 9.02(c), the taxes relevant to that Member shall not be levied after the effective date of such withdrawal; and (iii) the obligations of such Member set forth in this Agreement shall terminate. (c) If a Member withdraws from the Authority while the Authority has any Bonds outstanding, it shall continue to levy taxes within its boundaries after the effective date of such withdrawal for the period such Bond obligations remain outstanding, or as provided for in the applicable financing documents. (d) Members may only withdraw from the Authority in the manner, and subject to the conditions, set forth in this Section. Additional Members. Any county, municipality, or special district with street improvement, safety protection, or transportation powers, or a portion thereof, which is not an Initial Member of the Authority, may become a Member (for purposes of this Section, a “new Member”) effective upon: (a) the adoption of a resolution of the Board in accordance with Section 3.11(a) of this Agreement, the effectiveness of which may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b) unless the new Member is the State, approval of such new Member’s participation in the Authority by the electors residing within the territory of the new Member that is to be included in the Boundaries of the Authority; and DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 117 19 (c) compliance with any other conditions to the admission of such new Member as a Member or its execution of the amended Agreement imposed under the Act, the Intergovernmental Relations Statue or any other applicable law. TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 of this Agreement have been satisfied. Termination. (a) The term of this Agreement shall end when all the then-current Members agree in writing to terminate this Agreement. (b) This Agreement may not be terminated so long as the Authority has any Bonds outstanding. Distribution of Assets Upon Termination. Upon termination of this Agreement pursuant to Section 10.02 of this Agreement, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of: (a) the amount of cash and the value of property and services contributed by each such Member to the Authority pursuant to Article 7 and 8 of this Agreement minus the amount of cash and the value of property previously distributed to them by the Authority; and (b) the total amount of Authority taxes or other charges (other than fares) paid by such Member’s residents, during the period of time such party was a Member, to the Authority pursuant to the Authority’s exercise of the powers granted to it pursuant to the Act, with taxes or other charges paid by residents of areas of counties that are also located within a municipality or special district allocated 100% to the municipality or special district for such purposes. DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES Authority Obligations. The Authority shall insure and defend each Director, Officer, member of an Advisory Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall insure and defend each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority’s obligations pursuant DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 118 20 to this Article 11 shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article 11 in the bylaws of the Authority. AMENDMENTS Amendments Generally. This Agreement, except as may be limited in this Article 12, may be amended only by a resolution approved by the Authority Board, which shall, before becoming effective, also be approved by a majority affirmative vote of the Governing Bodies of all Members minus one. Amendments to Boundaries. Except as provided in Section 2.03 of this Agreement, the Initial Boundaries illustrated in Appendix A-1 and described in Appendix A-2, may be amended in accordance with Section 12.01 of this Agreement and with the required approval of the registered voters of any county, municipality or unincorporated portion of a county proposed to be added to the territory of the Authority. For purposes of this Section, the boundaries may not include territory within the boundaries of a municipality that is not a Member without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a Member without the consent of the governing body of such county. Modification of Appendices B-1 through B-8. Notwithstanding any other provision of this Agreement, the Ballot Questions attached hereto as Appendix B-1 through B-8 may not be modified by the Governing Body of the Initial Signatory responsible for submitting such Ballot Question to the electors as provided in Section 2.04 of this Agreement. MISCELLANEOUS Adoption and Execution of Agreement in Accordance with Law. Each Initial Signatory hereby represents to each other Initial Signatory that it has adopted and executed this Agreement in accordance with applicable law. Parties in Interest. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy, or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories and the Members. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or bylaw issued by the Board shall be deemed to be the covenant or agreement of an elected or appointed official, officer, agent, servant, or employee of any Member in his or her individual capacity. Notices. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions, or other communications by the Authority, any Member, any Director, any DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 119 21 Alternate Director, any Officer, or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Assignment. None of the rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Severability. If any clause, provision, subsection, Section, or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section, or Article shall not affect any of the remaining provisions of this Agreement. Interpretation. Subject only to the express limitations set forth in this Agreement, this Agreement shall be liberally construed to permit: (a) the Authority and the Members to exercise all powers that may be exercised by a regional transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and (c) the Board to exercise all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Venue for purposes of any litigation arising under this Agreement shall only be proper in the Eagle County District Court. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. Counterparts may be executed either in original, facsimile, or electronic mail form, and each such facsimile or electronic mail signature shall have the efficacy of a signed original and may be used in lieu of the original for any purpose. [Remainder of page left intentionally blank. Signature pages follow.] DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 120 TOWN OF AVON SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 TOWN OF AVON, a municipal corporation Sarah Smith Hymes, Mayor Date: ATTEST: Miguel Jauregui, Town Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 11/28/2022 121 BEAVER CREEK METROPOLITAN DISTRICT SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 BEAVER CREEK METROPOLITAN DISTRICT David Eickholt, President ATTEST: Angela Kamby, Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 122 TOWN OF EAGLE SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 TOWN OF EAGLE Date: Scott Turnipseed, Mayor ATTEST: Jenny Rakow, Town Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 123 TOWN OF GYPSUM SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 TOWN COUNCIL TOWN OF GYPSUM, COLORADO Stephen M. Carver, Mayor Date: ATTEST: Becky Close, Town Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 124 TOWN OF MINTURN SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 TOWN OF MINTURN Mayor, Earle Bidez Date: ATTEST: Town Clerk, Jay Brunvard DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 125 TOWN OF RED CLIFF SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 TOWN OF RED CLIFF, COLORADO BOARD OF TRUSTEES Duke Gerber, Mayor Date: ATTEST: Melissa Matthews, Town Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 126 TOWN OF VAIL SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 TOWN OF VAIL Kim Langmaid, Mayor Date: ATTEST: Stephanie Bibbens, Town Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 11/28/2022 127 EAGLE COUNTY SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of September 1, 2022 COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Jeanne McQueeney County Commissioners Chair Kathy Chandler-Henry Commissioner Matt Scherr Commissioner ATTEST: Clerk to the Board of County Commissioners DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 128 APPENDIX A-1 Authority Boundary Map DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 129 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 130 APPENDIX A-2 Authority Boundary Description The Initial Boundaries of the Authority shall consist of: 1.In accordance with Section 2.05(b) of the Agreement, if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question each approve their respective ballot questions: a.all territory within the Town of Avon and all territory subsequently annexed to the Town of Avon; b.all territory within the Beaver Creek Metropolitan District and all territory subsequently included into the boundaries of the Beaver Creek Metropolitan District; c.all territory within the Town of Vail and all territory subsequently annexed to the Town of Vail; and d.all territory within Eagle County, excluding: i.territory within the Town of Avon, the Beaver Creek Metropolitan District, the Town of Eagle, the Town of Gypsum, the Town of Minturn, the Town of Red Cliff, the Town of Vail; and ii.territory within the boundaries of the Roaring Fork Transportation Authority; and 2.Additionally, subject to Section 2.05(b) of the Agreement: a.if the Town of Eagle electors approve the Eagle Question, all territory within the Town of Eagle and all territory subsequently annexed to the Town of Eagle; b.if the Town of Gypsum electors approve the Gypsum Question, all territory within the Town of Gypsum and all territory subsequently annexed to the Town of Gypsum; c.if the Town of Minturn electors approve the Minturn Question, all territory within the Town of Minturn and all territory subsequently annexed to the Town of Minturn; and d.if the Town of Red Cliff electors approve the Red Cliff Question, all territory within the Town of Red Cliff and all territory subsequently annexed to the Town of Red Cliff. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 131 APPENDIX B-1 BALLOT ISSUE [2A] – TOWN OF AVON FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 132 APPENDIX B-2 BALLOT ISSUE [6A] – BEAVER CREEK METROPOLITAN DISTRICT FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 133 APPENDIX B-3 BALLOT ISSUE [2B] – TOWN OF EAGLE FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 134 APPENDIX B-4 BALLOT ISSUE [2C] – TOWN OF GYPSUM FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 135 APPENDIX B-5 BALLOT ISSUE [2D] – TOWN OF MINTURN FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 136 APPENDIX B-6 BALLOT ISSUE [2E] – TOWN OF RED CLIFF FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 137 APPENDIX B-7 BALLOT ISSUE [2F] – TOWN OF VAIL FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 138 APPENDIX B-8 BALLOT ISSUE [1B] – EAGLE COUNTY FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? _____ YES/FOR _____ NO/AGAINST DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 139 APPENDIX C Initial Service Goals DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 140 C-1 Eagle Valley Transportation Authority Regional Transportation Service Goals The newly established Eagle Valley Transportation Authority, (“Authority”), shall use reasonable efforts to achieve the following: 1. Assume Responsibility for Existing ECO Transit Service The Authority shall assume responsibility for existing transit service as currently provided by the Eagle County Regional Transportation Authority, (“ECO Transit”), as of January 1 of the year following RTA formation, as further detailed in the Transition Plan. Within 12 months of RTA formation, the Authority shall develop and implement a fare- free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek, as a replacement for ECO’s existing Vail/Beaver Creek Express service. 2. Increase Service on Current ECO Routes The Authority shall begin planning for one or more of the following enhancements, to be introduced as soon as equipment, staffing, and facilities allow: ● Increased capacity and/or service frequency on Highway 6. ● Increased all-day service frequency on Valley Route, including additional daily connections to Doster. ● Increased service to/from Leadville. 3. Develop and Implement New Transit Routes Develop and implement new transit service no later than December 31, 2024, to meet needs identified during the Authority formation process, including but not limited to: 1) Eagle-Gypsum Circulator Regular transit service connecting the Towns of Eagle and Gypsum that promotes increased circulation in/between these communities and provides efficient connection to other regional routes. 2) Limited Stop Express Service Additional rush hour express service targeting peak workforce commute hours. 3) Airport Express Service Additional service connecting Eagle County Airport to Avon, Beaver Creek, and Vail In addition, the Authority may explore the feasibility of offering additional regional transit services as needs are identified in future Transit Development plans. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 141 C-2 4. Accelerate Conversion of Fleet and Facilities to Zero-Emission Operations The Authority shall take the following steps toward zero-emission operations: 1) Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform, on a timeframe that evaluates available grant funds, anticipated increases in range and performance capacity of zero-emission buses, and allocation of available Authority funds to other expenditures which may increase ridership. 2) Development of zero-emission plans, timelines, and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation. 5. Invest in Transit-Related Facilities and Infrastructure The Authority shall allocate a portion of available revenues to upgrade existing facilities to support planned service expansion. In addition, funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit-supportive facilities. Uses of these funds may include: 1) Expansion of the existing Swift Gulch or MSC facilities to support additional operations and/or dedicated staff housing. 2) Construction and/or expansion of additional facilities as identified in the initial Transit Development Plan (TDP). 6. Support Local Air Service The Authority will pledge funding to support expanded year round air service for residents and visitors of Eagle County. 7. Regional Transportation System Planning The Authority shall embark on a 5-year Transit Development Plan (TDP) as one of its first tasks upon formation. This plan should be completed within 12-18 months of the appointment of the initial Authority Executive Director. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 142 APPENDIX D Transition Plan Framework DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 143 D-1 Eagle Valley Transportation Authority Transition Plan Framework Eagle County’s pledge of a portion of the Countywide .5% Mass Transportation sales tax and transfer of associated assets is contingent upon the interim RTA Board and Eagle County mutually agreeing to a Transition Plan following voter approval of the RTA. Transfer of funding will require completion of specific required elements as outlined in that Transition Plan. This document outlines Eagle County’s expectations regarding the minimum administrative, legal, accounting, and financial procedures that must be established by the RTA in order to transfer responsibility for the operation of current ECO Transit services. Continuity of Service: The RTA is expected to take on the responsibility for providing current ECO Transit service while simultaneously pursuing additional improvements and economies of scale with new funding generated by the RTA sales tax. A portion of Eagle County’s existing 0.5% sales tax is expected to fund current ECO Transit service or its functional equivalent in terms of hours, frequency, and geographic coverage. This equates to target ECO Transit seasonal service levels during the Transition Period and beyond equivalent to at least 85% of the Winter 2021/2022 and Summer 2022 scheduled service hours below: Route Daily Service Hours - Winter Season Daily Service Hours - Summer Season Valley 75.4 69.79 Highway 6 132.12 107.33 Leadville 11.15 9.38 Minturn 13.5 10.5 Vail-BC Express 13.33 0 Total 245.5 197 Any significant reduction to the geographic coverage of service or service standards must be recommended by the RTA Board and approved by the Board of County Commissioners, unless a different arrangement is agreed to by both parties. This requirement applies to service that has traditionally been provided by ECO Transit only. Expansion, enhancement, or reduction of services initiated by the RTA remain the sole responsibility of the RTA Board. This service equivalency requirement does not preclude DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 144 D-2 the reasonable restructuring or realignment of these routes in the future by the RTA, provided geographic coverage equivalent to the above routes is maintained and the impetus for specific route changes is to create operational efficiencies and leverage new economies of scale. Phased Transition of Current Operations: The RTA will assume responsibility for ECO Transit operations in several phases as the relevant administrative and management capacity can be developed. Transition of various aspects of ECO Transit operations to the RTA will not occur until specific administrative, financial, and legal requirements have been met. Full transition will require the transfer of revenue, assets, personnel, and existing contractual agreements, as well as the creation of new agreements and/or other mechanisms for providing legal, administrative, IT, financial, and other services that are currently provided by other County Departments. The cost of these services is partially reflected by the $600k/year administrative fee included in ECO Transit’s annual budget, but actual costs for these services may differ depending on how the RTA chooses to staff or contract for these elements. A minimum of $750,000/year should be included in the initial RTA budget to compensate the County for administrative services that may continue to be performed on behalf of the RTA during the transition period. Management of the transition process and ongoing RTA liaison activities will require one Eagle County FTE. This position will be expected to m anage the revenue transfer process, any future contracts between the County and RTA, and coordinate ECG’s ongoing County-specific involvement in transit/transportation issues County-wide. Proposed transition phases include: Phase 1: Administrative Establishment As a new legal entity, the RTA will need to establish a minimum administrative structure before hiring permanent staff and assuming responsibility for current or future operations. Administrative establishment procedures will begin as soon as reasonably possible upon approval of the ballot measures. Administrative establishment procedures will include: ⚫ Establishing the RTA Board; ⚫ Establishing a regular RTA Board meeting schedule and Board procedures; DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 145 D-3 ⚫ Identifying and contracting an Interim Executive Director (ED) to facilitate the administrative start-up process; ⚫ Contracting for Interim Legal Services; ⚫ Identifying and staffing subcommittees, if desired, to assist with administrative tasks; ⚫ Developing a proposed RTA start up budget; and ⚫ Developing and issuing consultant/vendor RFPs to support the RTA during the Transition Period. Phase 1 elements are expected to take up to 12 months. Phase 2a: Further Development of Administrative Policies and Procedures Once Board processes have been established and legal counsel is on board the interim ED will work with the board to establish additional administrative policies and procedures to allow for the hiring of permanent personnel, including a permanent Executive Director, and executing appropriate additional contracts and agreements for service. Phase 2b: Transition of Revenues and Financial Operations Transition of revenues and financial operations may begin once Phase 1 Administrative establishment procedures have been completed, but are expected to begin by January 1, 2024. Specific activities in this area should include: ⚫ Establishment of an administrative mechanism for recurring transfers of the relevant portion of the County’s existing 0.5% mass transportation sales tax to the RTA; ⚫ Full transfer of all responsibilities related to on -board and advanced pass sale revenue collection, including accounting and auditing procedures; ⚫ Full transfer of Accounts Payable and Accounts Receivable functions to RTA staff or contractors; and ⚫ Establishment of appropriate permanent financial accounting and audit procedures. Revenue Transfer: Current ECO Transit operations are funded by a Countywide sales tax for mass transportation of 0.5%, along with fare sales and advertising revenues. A minimum of DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 146 D-4 10% of this mass transportation tax is used to fund ECO Trails. Portions of this tax collected in the Roaring Fork Valley are used to pay Eagle County’s RFTA transit/trails contributions. Recurring Sales Tax Collections Eagle County will retain a minimum of 10% to a maximum of 15% of the county mass transit tax annually to cover salaries, construction, maintenance and debt service payments related to the Eagle Valley Trail. The current expectation is for Eagle County to operate and maintain the Eagle Valley Trail through completion of all remaining trail segments as identified in the Eagle Valle y Trails Plan. Eagle County may transfer trail ownership and maintenance to the RTA, along with revenues that exceed the debt service payment obligations of Eagle County, after December 31, 2024, subject to with BoCC and RTA Board approval. Planning activities for this transition, if agreed, may occur during the Transition Period. Eagle County will also continue to retain the portions of this tax currently allocated to RFTA for transit and trail activities in the Roaring Fork Valley portion of Eagl e County. These funds will continue to be transferred to RFTA as has been done in the past. During the transition period, funds transferred will be net of all transit -related costs including any costs related to administrative, maintenance, or operations a ctivities the County continues to perform on behalf of the RTA, including salaries and benefits of ECO Transit personnel who are providing RTA services. At the conclusion of the transition period, funds transferred will continue to be net of any payments f or leases or services Eagle County provides to the RTA under IGAs, leases, or other relevant agreements between the two entities. Farebox and Pass Sales The RTA will establish a separate contract for Financial and Accounting services as soon as possible, with the expectation this contract will be in place by December 31, 2023. Eagle County will continue to collect and process farebox revenues according to established procedures pending the completion of the Phase 1 Administrative Establishment procedures. The RTA will assume responsibilities as soon as possible but no later than December 31, 2024. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 147 D-5 Advertising Revenue Any outstanding contracts for advertising that generate revenue will be terminated by Eagle County in accordance with the prevailing contract terms and renegotiated and reprocured by the RTA unless otherwise agreed between Eagle County and the RTA. Current Account Balances and Other Accruals ECO Transit Fund Balance ECO Transit’s existing fund balance will remain with Eagle County to be used for transportation purposes consistent with the provisions of the existing sales tax. Portions of this fund balance may be transferred to the RTA on a case-by-case basis to support capital investments by request of the RTA Board and with the approval of the Board of County Commissioners. Accrued Interest Any interest accrued on the ECO Transit Fund Balance will remain with the County and not be included in regular revenue transfers. Interdepartmental Transfer Revenue ECO Transit operates service on behalf of other County Departments (Healthy Aging, MIRA). These contracts and operations will be transferred to the RTA no later than December 31, 2024. All other annual service contracts will be renegotiated by the RTA at its discretion, with the expectation that the RTA will be fully responsible for all of these services by December 31, 2024. Phase 3: Transfer of Rolling Stock and Facilities Rolling Stock: All vehicles titled to ECG will be transferred to the new entity and titled/insured by December 31, 2024. A list of current ECO Transit vehicles is included as Attachment A. This includes transfer of any grant liabilities or CDOT liens , which are also identified in Attachment A. Vehicle ownership will be transferred on a rolling basis to allow for continuity of operations while required administrative processing takes place, beginning in April 2024, following the conclusion of the Winter season. A maximum of 10 vehicles will be pulled out of service at any given time to undergo administrative processing. As a vehicle is registered and returned to service, another vehicle will enter the transfer process. Vehicles will be DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 148 D-6 transferred to the RTA as expeditiously as possible, with the expectation that all vehicles will be registered to the RTA and enter RTA service by the start of the Winter 2024 season in late November. The RTA and Eagle County will enter into appropriate agreements to allow for continued operations by the other party, as applicable, following the transfer of ownership, until the full transition of operations to the RTA is complete. It is expected that the operating party will responsible for all legal liabilities, provision of insurance, and similar requirements associated with vehicle operations. Three Avon Transit vehicles will be transferred to the RTA on a no-cost basis, to serve routes previously operated by Avon Transit that are being incorporated into the RTA. If necessary, this transfer will include the transfer of all grant liabilities or CDOT liens. These vehicles will be transferred together at the conclusion of Avon’s Winter 2023-2024 season. No vehicles owned by Vail Transit or Beaver Creek Transit are currently expected to transfer to the RTA. Any future vehicle transfers will be governed by terms set by the RTA and the relevant jurisdiction. Transit Facilities: ECO Transit currently operates out of multiple facilities. These include County-owned facilities such as the Maintenance Service Center (MSC) in Gypsum, the Leadville Bus Barn, bus shelters, and park and rides; Avon’s Swift Gulch facility; and the Vail Transportation Center (VTC). Some of these facilities will be transferred to the RTA while others will continue to host operations and/or maintenance under new IGAs with mutually negotiated provisions. County-owned Facilities Gypsum MSC ECO Transit occupies a portion of this County owned facility. Accommodations will be made over the short term for the RTA to continue operating out of this facility via an IGA or other appropriate lease/agreement. It is Eagle County’s expectation that the terms of this facility use agreement will be equivalent to terms offered by Avon, Vail, or any other member jurisdiction that may house RTA facilities in the future. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 149 D-7 At the outset, the IGA will include all areas currently included in ECO Transit’s existing space allocation, i.e. the bus barn/storage area, and ECO Transit staff offices in buildings A and B. Note that this facility is on Airport owned land and is subject to FAA lease/operating terms. Lease rates will be calculated based on fair market value rates in the area. Lease terms will not exceed the maximum years allowed by FAA regulations. Leadville Bus Barn The County owns a bus barn in Leadville. ECO Transit currently bases two vehicles at this facility and rents remaining space to Summit Stage. The County will continue to own and maintain this facility, renting the currently occupied space to the RTA at cost. The County will continue to rent space to Summit Stage at its discretion. Bus Shelters and Park and Rides The RTA will assume responsibility for planning, construction, and maintenance of shelters and Park and Rides by December 31, 2024. Eagle County will retain ownership of all land and right of way, unless and until transferred to the RTA. All necessary easements shall be in place by December 31, 2024, and include appropriate liability insurance policies. A list of these assets is included in Attachment A. Avon-owned Facilities Avon Regional Transit Facility (Swift Gulch) The Avon Regional Transit Facility was built just over 10 years ago wit h assistance of Federal TIGER grant funding. The facility was always envisioned to serve as the up -valley hub to support regional transit in addition to serving Avon’s transit. Swift Gulch serves as a secondary base for vehicles storage and maintenance. It is anticipated that this facility will increase in importance as a mid-Valley operating base for the RTA. Operations out of this facility are currently governed by an IGA. Under current terms, ECO Transit pays a per-bay fee plus a proportional share of Capital, Operations and Maintenance ("O&M"), and Asset Management costs. Capital and Asset Management charges are fixed for the term of the Agreement. O&M Costs are audited each year and subject to change upon written notice by the Town of Avon no later than June 1 of any given year, with any changes effective by January 1 of the succeeding year. Maintenance and fueling activities performed by Avon/Swift Gulch staff are charged an hourly rate plus materials at a 15% markup. ECO Transit currently rents 9 spaces under this agreement. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 150 D-8 Avon and the RTA will conclude a new IGA to take effect no later than January 1, 2024. The terms of the new IGA will, at a minimum, be similar to the terms of the existing IGA between Eagle County and the Town of Avon, included as Attachment B. Going forward, Avon has begun a design process to construct a new Public Works facility with the intent to move all Operations, Engineering and Building and Facilities personnel and operations out of the Avon Regional Transit Facility. The target date for this move is 2025, after which the Avon Regional Transit Facility footprint could be expanded to support the RTA’s regional transit operations. Avon has already begun seeking potential design and construction grants to expand the Avon Regi onal Transit Facility in anticipation of this future need. Vail-owned Facilities Vail Transportation Center ECO Transit has an IGA with the Town of Vail for use of the Customer Service Booth and to operate out of the facility, included as Attachment C. This IGA will be renegotiated between the RTA and Town of Vail, with a new IGA to take effect no later than January 1, 2024. The terms of the new IGA will, at a minimum, be similar to the terms of the existing IGA between Eagle County and the Town of Vail. The Town of Vail is currently developing plans to expand and upgrade the Vail Transportation Center facility into a full-scale mobility hub. This work includes the expansion of the capacity of the facility to handle the increased use for all transit providers including ECO/RTA as they expand, and to provide charging capabilities for electric transit vehicles as the fleets transition. This is the busiest stop in the entire ECO Transit system. This project is currently in the CDOT 10-year plan at a value of $15.0M and was the number one transit project in the Intermountain planning region. The town recently applied for a $1.5M Multimodal Options Fund (MMOF) expenditure which the town is providing half as a match and the MMOF Grant the other half to begin des ign work for this facility. ECO Transit current operations benefit from operating out of this facility which provides heated waiting areas, bathrooms, as well as transit bays, and the Town of Vail has paid for all operations, maintenance and capital investments over the years. It is expected the RTA will continue to operate out of the facility on the same terms as ECO Transit’s current use of the facility. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 151 D-9 Lionshead Transit Center ECO Transit’s current operations benefit from operating out of this facility which provides heated waiting areas, bathrooms, as well as transit bays and the town has paid for all operations, maintenance and capital investments over the years. It is expected the RTA would continue to operate out of the facility on the same terms as ECO Transit’s current use of the facility. Other Facilities Lake Creek Village ECO Transit operations at this facility are currently authorized under an encroachment license with the property owner. This encroachment license will be transferred to the RTA as soon as possible, but no later than December 31, 2024. Phase 4: Transfer of Administrative Responsibilities and Personnel During the transition period, the RTA will make specific decisions regarding the number of direct-hire staff needed and what, if any, admini strative and technical functions may be contracted out. ECO Transit is only partially staffed with respect to these organizational functions and as a result pays an annual “administrative service fee” to the County for providing these services. This fee is based on a percentage of ECO’s budget and varies from year to year, but it is generally around $600k. Contracts for functions that must be stood up independently such as Legal, Finance, and HR are expected to be executed during Phase 1 of the transition p rior to any transfer of revenues or other responsibilities. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA, or other arrangements are made. All decisions regarding the transition of administrative personnel shall be made by January 1, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transfer period. Administrative personnel will be eligible to be transitioned once Eagle County confirms adequate administrative and financial procedures are in place. Staff positions that may be impacted during an initial round of transitions are: DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 152 D-10 Position Associated FTE ECO Transit Director 1 ECO Administrative and Customer Service Staff 4 ECO Transit Technology Staff 2 ECO Transit Planning Staff 1 Total Impacted FTE 8 Some specific considerations have already been identified with respect to Information Technology (IT) and the assumption of responsibility for State and Federal grant agreements. These are outlined below. Specific Needs Related to Information Technology: ECO Transit uses technology software and hardware that to a large extent are a part of the overall Eagle County IT ecosystem. The implementation of this technology ec osystem was never designed with any thought towards breaking off the ECO Transit components and operating them independently. Note that of the technology software and hardware specific to ECO Transit, much of it is legacy technology that is currently under review for both right-sizing and potential transition to a cloud-based model, whether or not RTA formation is successful. Standing up a sustainable and independent technology function within 24 months of RTA formation may be impractical and cost prohibitive due to the lead time and resources necessary. RTA and Eagle County may determine to enter into an IGA for technology services until the RTA stands up its own capacity. Some specific technology functions that should be addressed and related considerat ions include: Backend Hardware: Server instances are highly virtualized and both server and storage hardware is shared across all departments. Actual individual hardware components involved are fairly minimal in number, with system redundancy consideratio ns being a DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 153 D-11 significant element of overall design. It would be difficult to separate single pieces of hardware from one another and still have acceptable system redundancy (for both Eagle County and / or the RTA). Provisions for shared access to this hardwa re should be included in a future IGA until the RTA no longer operates at the Gypsum MSC or makes other arrangements for servers/storage. Backend Software: Eagle County IT provides ECO Transit with both Enterprise software that is common to all Eagle County departments, as well as Line of Business (LOB) software unique to ECO's specific operating needs. Regarding the Enterprise software (Financials, HR / Payroll, Office Productivity, etc.), the RTA should select and implement their own systems based upon perceived needs and costs. The RTA should begin the process of identifying and contracting vendors for this process during the Phase 1 Administrative Establishment period. In general, LOB software can be transferred to the RTA. The main issue centers on the highly complex Clever Devices CleverWorks solution which forms the backbone of ECO’s vehicle location, communication, and data collection systems. ECO Transit currently has a vision of replacing CleverWorks with a more fit for purpose system. Assuming the short term outlook for this application, it would likely not make sense to invest in the required technology hardware and personnel resources necessary to port this system over to the RTA. Arrangements should be made within the IGA for Eagle County IT to continue providing support to this function until a new software system is identified and implemented, ideally by December 21, 2024. Eagle County’s Fleet Department currently maintains all official maintenance records related to transit vehicles owned by Eagle County. Provisions should be made for the eventual transfer of these records prior to the initiation of any vehicle transfers. Networking Hardware / Software: The Gypsum MSC is one of ECO’s primary operating locations and is expected to remain so during and after the transition to an RTA. The MSC also provides office space and facilities for a combination of other Eagle County departments which all depend on Eagle County networking services in order to utilize their various software applications. In general, all networking equipment located at the MSC will continue to be necessary to support ongoing Eagle County department operations, and therefore cannot be transferred to the RTA. Where there are exceptions, such as the fixed outdoor wireless antennas used to communicate data between buses and CleverWorks, these items may be transferred at cost. Additionally, transferring over any maintenance agreement aspects related to the networking hardware and software may or may not be viable. Arrangements should be made within the IGA for Eagle County IT to continue providing support for these functions indefinitely. This arrangement would DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 154 D-12 require the RTA and associated users to comply with all Eagle County requirements regarding network security or forfeit access to the system. Personal Computers: Personal computers assigned to ECO Transit staff can be physically transferred to the RTA if desired by both parties. Potential issues that may arise are associated with the privacy considerations (data on the PC) as well as software licensing. Prior to any transfer Eagle County IT will format the PC hard drives, wiping all data and rebuilding with software licensed by RTA. Any equipment transferred will be transferred at cost. Peripheral Equipment: Printers / scanners, etc. County owned devices can simply be physically transferred over to the RTA. Multi function printers may require contractual amendments in order to move over any applicable maintenance function. Any equipment transferred will be transferred at cost. Software Licenses: 1) Vendor licensing pertaining to LOB software can likely be transferred to the RTA given requisite contracting amendments are implemented. 2) Enterprise software licensing will likely require new purchases / agreements 3) Windows Operating System licenses likely can not be transferred and will have to be purchased as well. Voice Services: County provided cellular phones can be transferred if the RTA wants to provide such a service to their staff. Traditional voice phone service will require the RTA to implement its own voice system. State and Federal Grant Agreements: ECO Transit accesses state and federal grant dollars for administrative and operating costs, rolling stock replacement, as well as other capital and/or planning projects. All ongoing capital grants and related reporting requirements will transfer to the RT A at the beginning of CDOT’s 2025 fiscal year (July 1, 2024). The RTA will apply for state capital and operating grants as a separate entity from CDOT’s FY 2025 onwards, with the expectation that all of these elements will be fully transitioned by the beginning of CDOT’s 2025 fiscal year (July 1, 2024). DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 155 D-13 Phase 5a: Transfer of Vehicle Maintenance Responsibilities and Personnel ECO Transit Fleet vehicles are currently maintained by Eagle County’s Fleet Department, with some services performed by the Town of Avon under an IGA. There are 2.5 Fleet Care Technicians/Transit Vehicle Detailers that are current employees of the ECO Transit department, along with one Fleet Asset Supervisor. Fleet Maintenance: Costs for maintenance, fueling, lubricants, parts, etc. are budgeted in the ECO Transit fund and paid via departmental transfer. Estimated costs are based on estimated (budget) and actual service hours. Upon RTA formation, it is assumed that Eagle County’s fleet department will continue to provide these services for the RTA via an IGA with specified hours and costs, on terms similar to those contained in the sample IGAs included as Attachment D. The RTA will not be under any long term obligation to continue to utilize Eagle County’s fleet department. The Town of Avon performs fueling and limited maintenance for ECO Transit vehicles housed at the Swift Gulch facility via an IGA. Service is performed at the Fleet Maintenance Facility adjacent to the Avon Regional Transit Facility. Approximately 65- 70% of the operations are fleet maintenance for vehicles and rolling stock for other public entities. Beaver Creek and ECO Transit buses are a substantial portion of this other local government maintenance work. Avon intends to continue offering fleet maintenance service at cost. Specific provisions for fleet maintenance performed at this facility will be included in the new IGA between the RTA and the Town of Avon referenced elsewhere in the Transition Plan. A sample of this IGA is included as Attachment B. Eagle County’s Fleet Department currently maintains all official maintenance records related to transit vehicles owned by Eagle County. Provisions should be made for the eventual transfer of these records prior to the initiation of any vehicle transfers. Transit Fleet Care Team: ECO Transit currently employs one Fleet Asset Supervisor, two full -time year-round Transit Fleet Care Technicians, and one winter seasonal Fleet Care Technician. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 156 D-14 revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Fleet Care personnel shall be made by April 30, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during this round of transitions include: Position Associated FTE Fleet Asset Supervisor 1 Fleet Care Technicians 2.5 (includes a Winter seasonal position) Total Impacted FTE 3.5 Phase 5a: Transfer of Transit Facility Maintenance Responsibilities and Personnel Trail and Facility Maintenance Personnel: ECO Transit and ECO Trails currently share 3 FTE with combined responsibilities for Transit and Trails maintenance. One of these three positions is currently funded by ECO Trails. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Transit/Trails Maintenance personnel shall be made by April 30, 2024. Th e RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during an initial round of transitions are: DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 157 D-15 Position Associated FTE Transit/Trails Maintenance Supervisor 1 Transit Trails Maintenance Technicians 2 Total Impacted FTE 3 Eagle County may also choose to retain the FTE position currently funded by trails and/or add additional personnel to be paid in the future out of the Trails budget. Maintenance responsibilities related to the existing Eagle Valley Trail could also be included as a component of the future IGA for services between Eagle County and the RTA. Costs associated with any maintenance agreement(s) will be subtracted from the RTA’s obligations to Eagle County. Phase 6: Full Transfer of Operational Responsibilities and Personnel Full transfer of operational responsibilities and personnel will take place during the last stage of transition, with the expectation the RTA will be responsible for either direct operation or contract administration related to all functions by the start of the 2024 Winter season in November. Operations Personnel: As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Operations personnel shall be made but no later than July 31, 2024. The RTA and County will use best efforts to minimize disruptions to retain ed personnel during the transition period. Staff positions that may be impacted during this round of transitions are: DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 158 D-16 Position Associated FTE Operations Manager 1 Safety and Training Supervisor 1 Road Supervisors 4 Dispatchers 4 Bus Operators 51 Total Impacted FTE 61 Attachments: ATTACHMENT A - INVENTORY OF ECO TRANSIT ASSETS ATTACHMENT B - SAMPLE SWIFT GULCH IGA ATTACHMENT C - SAMPLE VAIL TRANSPORTATION CENTER IGA ATTACHMENT D - SAMPLE IGA FOR COUNTY FLEET SERVICE DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 159 BC0043 Bldg Imp 2009 Berry Creek Childcare building improvements Facilities Manag - 190-Facilities Management 12/31/2009 $15,043.09 LBS001 Bldg Leadville Bus Storage Facility Facilities Manag - 190-Facilities Management 12/31/2008 $1,172,677.33 840401 Equipment-Heavy Vehicles 2005 Gillig Phantom Transit 40' Bus #865 ECO Trans - 405-ECO Transit Authority 05/02/2005 $290,427.00 840501 Equipment-Heavy Vehicles 2005 Gillig Phantom Transit 40' Bus #866 ECO Trans - 405-ECO Transit Authority 05/02/2005 $290,427.00 848901 Equipment-Heavy Vehicles 2006 Gillig BRT Low Floor Transit Bus #867 ECO Trans - 405-ECO Transit Authority 08/03/2006 $343,794.00 849001 Equipment-Heavy Vehicles 2006 Gillig BRT Low Floor Transit Bus #868 ECO Trans - 405-ECO Transit Authority 08/30/2006 $343,794.00 858001 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #871 ECO Trans - 405-ECO Transit Authority 11/01/2007 $371,363.00 858101 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #872 ECO Trans - 405-ECO Transit Authority 11/01/2007 $371,363.00 858201 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #873 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 858301 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #874 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 858401 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #875 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 859301 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #876 ECO Trans - 405-ECO Transit Authority 12/17/2008 $372,919.00 859401 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #877 ECO Trans - 405-ECO Transit Authority 12/17/2008 $372,919.00 859501 Equipment-Heavy Vehicles 2008 Gillig BRT Low Floor Transit Bus #879 ECO Trans - 405-ECO Transit Authority 12/17/2008 $361,919.00 859601 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #878 ECO Trans - 405-ECO Transit Authority 12/17/2008 $361,919.00 864401 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #880 ECO Trans - 405-ECO Transit Authority 10/28/2009 $379,893.00 864501 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #881 ECO Trans - 405-ECO Transit Authority 10/29/2009 $379,893.00 864601 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #882 ECO Trans - 405-ECO Transit Authority 10/30/2009 $363,924.00 866101 Equipment-Heavy Vehicles 2010 Gillig BRT Low Floor Transit Bus #884 ECO Trans - 405-ECO Transit Authority 10/29/2010 $383,488.00 866201 Equipment-Heavy Vehicles 2010 Gillig BRT Low Floor Transit Bus #883 ECO Trans - 405-ECO Transit Authority 10/28/2010 $383,488.00 866301 Equipment-Heavy Vehicles 2010 Chevrolet Paratransit Bus # 455 ECO Trans - 405-ECO Transit Authority 05/20/2010 $111,715.50 869901 Equipment-Heavy Vehicles 2012 Gillig BRT Low Floor Transit Bus #885 ECO Trans - 405-ECO Transit Authority 12/12/2012 $426,269.00 872901 Equipment-Mach & Equip Jetsort Cash Counting Machine ECO Trans - 405-ECO Transit Authority 12/04/2013 $11,822.00 873001 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #889 ECO Trans - 405-ECO Transit Authority 10/18/2013 $429,490.00 873101 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #888 ECO Trans - 405-ECO Transit Authority 10/17/2013 $429,490.00 873201 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #886 ECO Trans - 405-ECO Transit Authority 10/16/2013 $429,490.00 873301 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #887 ECO Trans - 405-ECO Transit Authority 10/16/2013 $429,490.00 873501 Equipment-Heavy Vehicles 2007 Gillig LF BRT #869 ECO Trans - 405-ECO Transit Authority 03/19/2013 $28,000.00 873601 Equipment-Heavy Vehicles 2007 Gillig LF BRT #870 ECO Trans - 405-ECO Transit Authority 03/19/2013 $28,000.00 876201 Equipment-Heavy Vehicles 2014 Gillig BRT Low Floor Transit Bus #890 ECO Trans - 405-ECO Transit Authority 12/10/2014 $443,839.00 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 1 of 5 12/13/2021 12:19:57 PM DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 160 876301 Equipment-Heavy Vehicles 2014 Gillig Low Floor BRT Transit Bus, 40' #891 ECO Trans - 405-ECO Transit Authority 12/10/2014 $443,839.00 883101 Equipment-Heavy Vehicles 2015 Glaval Bus Entourage (Cutaway) #456 ECO Trans - 405-ECO Transit Authority 02/10/2016 $125,935.00 883201 Equipment-Heavy Vehicles 2015 Glaval Bus Entourage (Cutaway) #457 ECO Trans - 405-ECO Transit Authority 02/10/2016 $123,065.00 883601 Equipment-Heavy Vehicles 2016 Glaval Bus Entourage (Cutway) #458 ECO Trans - 405-ECO Transit Authority 11/04/2016 $125,908.00 883701 Equipment-Heavy Vehicles 2017 Arboc Spirit of Mobility Bus #459 ECO Trans - 405-ECO Transit Authority 10/04/2016 $135,749.00 883801 Equipment-Mach & Equip Stationary Vault ECO Trans - 405-ECO Transit Authority 04/28/2016 $117,505.00 886401 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #892 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886501 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #893 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886601 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #894 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886701 Equipment-Heavy Vehicles 2017 Arboc Spirit of Mobility - #460 ECO Trans - 405-ECO Transit Authority 08/18/2017 $149,336.00 890901 Equipment-Heavy Vehicles 2018 Gillig Transit Bus #896 ECO Trans - 405-ECO Transit Authority 09/17/2018 $465,915.00 891001 Equipment-Heavy Vehicles 2018 Gillig Transit Bus #895 ECO Trans - 405-ECO Transit Authority 09/17/2018 $465,915.00 893201 Equipment-Heavy Vehicles 2018 Arboc Spirit of Mobility ECO Trans - 405-ECO Transit Authority 11/16/2018 $154,887.00 895101 Equipment-Mach & Equip Odyssey Farebox ECO Trans - 405-ECO Transit Authority 06/11/2018 $13,369.75 895201 Equipment-Mach & Equip Odyssey Farebox ECO Trans - 405-ECO Transit Authority 06/11/2018 $13,369.75 895301 Equipment-Heavy Vehicles Gillig "Low Floor BRT' Transit Bus 40 Foot Length #897 ECO Trans - 405-ECO Transit Authority 09/25/2019 $463,261.00 895401 Equipment-Heavy Vehicles Gillig "Low Floor BRT' Transit Bus 40 Foot Length #898 ECO Trans - 405-ECO Transit Authority 06/27/2019 $463,261.00 895501 Equipment-Heavy Vehicles Gillig "Low Floor BRT" Transit Bus 40 Foot Length #899 ECO Trans - 405-ECO Transit Authority 06/28/2019 $463,261.00 895701 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 895801 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 895901 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 BG0048 Bldg Imp Leadville Bus Barn ECO Trans - 405-ECO Transit Authority 12/31/1997 $52,540.00 EC0001 Land Leadville Land Purchase ECO Trans - 405-ECO Transit Authority 12/31/2007 $165,607.00 ECO002 Equipment-Comp Software Para Transit Software ECO Trans - 405-ECO Transit Authority 12/31/2014 $20,890.28 ECO003 Equipment-Comp Software ECO AVM System ECO Trans - 405-ECO Transit Authority 08/11/2014 $50,782.64 ECO004 Equipment-Mach & Equip ECO Video Surveillance Equipment ECO Trans - 405-ECO Transit Authority 10/31/2014 $113,930.00 ECO005 Equipment-Comp Software ECO Pass Auto Fare Media ECO Trans - 405-ECO Transit Authority 05/31/2014 $24,894.34 LBS002 Bldg Imp 2015 Leadville Bus Storage Facility Building Improvements (Solar) ECO Trans - 405-ECO Transit Authority 11/02/2015 $43,990.00 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 2 of 5 12/13/2021 12:19:57 PM DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 161 TR0001 Bldg 1998 Construction of Bus Shelters ECO Trans - 405-ECO Transit Authority 01/01/1999 $63,589.00 TR0002 Bldg 1999 Construction of Bus Shelters ECO Trans - 405-ECO Transit Authority 01/01/2000 $154,939.00 TR0003 Bldg 2001 Bus Shelter Construction ECO Trans - 405-ECO Transit Authority 01/01/2002 $161,532.00 TR0025 Land Imp Eagle Park-n-Ride Parking Lot ECO Trans - 405-ECO Transit Authority 12/03/1999 $187,188.00 TR0030 Bldg Imp ECO PV Lighting System for Bus Shelters in Eagle County ECO Trans - 405-ECO Transit Authority 11/01/2000 $41,575.00 TR0033 Equipment-Comm Equip 800 Mhz Upgrade ECO Trans - 405-ECO Transit Authority 12/31/2000 $104,973.00 TR0039 Land Imp Shelter 53-Eagle Valley HS Parking Lot Paving ECO Trans - 405-ECO Transit Authority 11/12/2002 $28,787.00 TR0045 Bldg Shelter 100 - Lake Creek Village Apts - Lake Creek Com Station ECO Trans - 405-ECO Transit Authority 12/26/2002 $11,343.00 TR0047 Land Imp Shelter 79-Minturn Forest Service Land Improvements ECO Trans - 405-ECO Transit Authority 12/31/2003 $50,878.00 TR0050 Bldg Shelter 30 - Bear Lot ECO Trans - 405-ECO Transit Authority 05/23/2006 $24,264.00 TR0052 Bldg Shelter 32 - Forest Service ECO Trans - 405-ECO Transit Authority 12/31/2007 $17,763.00 TR0053 Bldg Stone Creek Bus Shelter #33 ECO Trans - 405-ECO Transit Authority 12/31/2007 $17,297.00 TR0057 Bldg Colorado Mountain College, West Bus Shelter #35 ECO Trans - 405-ECO Transit Authority 12/02/2008 $11,430.78 TR0061 CIP Eagle River Village - MHP Bus Shelter ECO Trans - 405-ECO Transit Authority 12/31/2018 $20,980.00 TR8441 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 10/28/2020 $985,041.00 TR8442 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 11/02/2020 $985,041.00 TR8443 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 11/02/2020 $985,041.00 ECO001C Equipment-Comp Software AVL/CAD Software ECO Trans - 405-ECO Transit Authority 12/31/2014 $1,001,890.72 TR0051R Bldg Miller Ranch Replacement Bus Shelter #31R ECO Trans - 405-ECO Transit Authority 12/31/2008 $12,288.17 TR0058C Bldg Freedom Park Bus Shelter ECO Trans - 405-ECO Transit Authority 11/18/2019 $205,907.53 TR0059C Bldg Avon Station Bus Shelter ECO Trans - 405-ECO Transit Authority 12/09/2019 $108,239.83 TR0060C Bldg Dotsero Mobile Home Park Bus Shelter ECO Trans - 405-ECO Transit Authority 08/15/2019 $37,806.59 TR0063c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.11 TR0064c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.10 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 3 of 5 12/13/2021 12:19:57 PM DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 162 TR0065c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.11 858501 Equipment-Mach & Equip 2008 Toolcat Work Machine EV Trails - 606-EV Trails 04/02/2008 $42,065.00 894501 Equipment-Mach & Equip 2019 John Deere 1025R Tractor Mower EV Trails - 606-EV Trails 09/16/2019 $22,279.38 BC0085 Infrastructure-Trails Freedom Park Parking Spots EV Trails - 606-EV Trails 12/31/2007 $28,994.00 TRL001 Infrastructure-Trails Edwards Bike Path EV Trails - 606-EV Trails 05/06/1999 $275,000.00 TRL002 Infrastructure-Trails E Edwards Trail EV Trails - 606-EV Trails 01/01/2001 $78,702.00 TRL004 Infrastructure-Trails Willits Trail Funding EV Trails - 606-EV Trails 11/16/2000 $15,000.00 TRL005 Infrastructure-Trails Honeywagon Trail Project EV Trails - 606-EV Trails 12/22/2000 $35,000.00 TRL006 Infrastructure-Trails Eagle Vail Trail EV Trails - 606-EV Trails 12/31/2005 $677,886.00 TRL007 Infrastructure-Trails Donavan/Honeywagon Trail EV Trails - 606-EV Trails 01/01/2002 $103,165.00 TRL010 Infrastructure-Trails 2000 E Edwards Trail Project EV Trails - 606-EV Trails 12/31/2000 $486,034.00 TRL013 Infrastructure-Trails Avon to Dowd Trail Project EV Trails - 606-EV Trails 12/20/2002 $22,884.00 TRL030 Infrastructure-Trails Avon to Dowd Trail Phase I EV Trails - 606-EV Trails 12/31/2006 $65,910.00 TRL040 Infrastructure-Trails Gypsum Dotsero Trail Phase I EV Trails - 606-EV Trails 12/31/2006 $34,508.00 TRL051 Infrastructure-Trails Eagle to Gypsum Trail EV Trails - 606-EV Trails 12/31/2007 $1,214,689.00 TRL063 CIP Avon to Eagle-Vail Phase 4, Business District Construction in Progress EV Trails - 606-EV Trails 12/31/2015 $25,618.40 TRL064 CIP Avon to Eagle-Vail, Business District to Kayak Crossing Trail 1152-191-8160.99 31904.Phase5 EV Trails - 606-EV Trails 12/31/2020 $42,845.90 TRL065 CIP Dowd Junction Trail 1152/2150-191-8160.99 31915.Down Junction EV Trails - 606-EV Trails 12/31/2020 $13,143.25 TRL071 Infrastructure-Trails Cooley Mesa Trail EV Trails - 606-EV Trails 12/31/2008 $25,793.75 TRL041C Infrastructure-Trails Gypsum to Dotsero Phases V I-70 Overpass of Hwy 6 to River Road EV Trails - 606-EV Trails 12/31/2014 $367,669.66 TRL043C Infrastructure-Trails Gypsum to Dotsero Phases 2 and 3 BLM Horse Pasture to BLM Lava Parcel EV Trails - 606-EV Trails 12/31/2014 $709,893.48 TRL052B Infrastructure-Bridges 2019 Addition from CIP EV Trails - 606-EV Trails 12/31/2019 $127,569.16 TRL052C Infrastructure-Trails Eagle to Horn Ranch Trail EV Trails - 606-EV Trails 12/31/2019 $7,891,561.15 TRL060C Infrastructure-Trails Avon to Eagle-Vail Phase II Post Blvd to I-70 Ramp EV Trails - 606-EV Trails 12/31/2012 $1,880,542.05 TRL061C Infrastructure-Trails Avon to Eagle-Vail Phase 1, Avon Rd to Post Blvd EV Trails - 606-EV Trails 12/31/2014 $590,002.39 TRL062C Infrastructure-Trails Avon to Eagle-Vail Trail - Phase 3 - Avon Trail EV Trails - 606-EV Trails 12/31/2014 $81,633.15 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 4 of 5 12/13/2021 12:19:57 PM DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 163 Bridge Grand Total:108 Assets $36,463,965.59 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 5 of 5 12/13/2021 12:19:57 PM DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 164 VEHICLE INVENTORY FUNDING Bus Number Year VIN Funding Purchase Price % Federal $ Federal % Local $ Local Grant Amount Grant PO #Lien Maturity Date ($-  ) ($1,132,037)291001283 886 2013 15GGD2710D1183048 5309 ($429,490)66%($283,009)34%($146,481)2023 887 2013 15GGD2712D1183049 5309 ($429,490)66%($283,009)34%($146,481)2023 888 2013 15GGD2719D1183050 5309 ($429,490)66%($283,009)34%($146,481)2023 889 2013 15GGD2710D1183051 5309 ($429,490)66%($283,009)34%($146,481)2023 ($-) ($663,200) 291001488 890 2014 15GGD2715E1183077 5311 ($443,839)75%($331,600)25%($112,239)2024 891 2014 15GGD2717E1183078 5311 ($443,839)75%($331,600)25%($112,239)2024 892 2017 15GGD2719H3188873 5311 ($434,885)78%($340,000)22%($94,885) ($340,000) 491000709 2027 5311 48%($60,000) ($180,000) 491000708 2025 456 2015 1FDGF5GT2FED21023 FASTER ($125,935)13%($16,666) 39%($49,269) ($50,000) 491000717 2025 5311 48%($60,000) ($180,000) 491000708 2025 457 2015 1FDGF5GTXFED21027 FASTER ($125,935)13%($16,667) 39%($49,268) ($50,000) 491000717 2025 5311 47%($60,000) ($180,000) 491000708 2026 458 2016 1FDGF5GT1GEC58885 FASTER ($126,908)13%($16,667) 40%($50,241) ($50,000) 491000717 2026 459 2017 1GB6GUBG0G1281023 5317 ($135,759)71%($96,000) 29%($39,759) ($96,000) 491000778 2027 460 2017 1GB6GUBL4G1276792 FSTR ($149,336)70%($104,000)30%($45,336) ($104,000) 491001178 2027 893 2017 15GGD2710H3188874 5339 ($434,885)79%($344,000)21%($90,885) ($344,000) 491001071 2027 894 2017 15GGD2712H3188875 Local ($434,885)0%($-) 100%($434,885)($-) N/A N/A 895 2018 15GGD2716J3191428 5339 ($465,915)79%($370,400)21%($95,515) ($370,400) 491001279 2028 896 2018 15GGD2718J3191429 5339 ($465,915)80%($372,732)20%($93,183) ($372,732) 491001291 2028 461 2018 1GB6GUBL3G1276069 5339 ($154,887)57%($88,000) 43%($66,887) ($88,000) 491001282 2028 ($1,111,827)491001458 897 2019 15GGD2716K3192497 5339 $463,261 80%($370,609)20%($92,652) 2029 898 2019 15GGD2718K3192498 5339 $463,261 80%($370,609)20%($92,652) 2029 899 2019 15GGD271XK3192499 5339 $463,261 80%($370,609)20%($92,652) 2029 201 2020 7JZTH13J6LL000282 VW Settlement $985,041 47%$467,567 $1,402,700 491002068 2030 5339(c)39%$383,334 14%$134,140 $1,150,000 491001931 2030 202 2020 7JZTH13J8LL000283 VW Settlement $985,041 47%$467,566 $1,402,700 491002068 2030 5339(c)39%$383,333 14%$134,142 $1,150,000 491001931 2030 203 2020 7JZTH13JXLL000284 VW Settlement $985,041 47%$467,567 $1,402,700 491002068 2030 5339(c)39%$383,333 14%$134,141 $1,150,000 491001931 2030 901 2021 15GGD2713M3195960 5339 $542,000 74%$400,000 26%$142,000 491002249 2031 903 2021 15GGD2717M3195962 5339 $542,000 74%$400,000 26%$142,000 491002249 2031 904 2021 15GGD2719M3195963 5339 $542,000 74%$400,000 26%$142,000 $1,200,000 491002249 2031 902 2021 15GGD2715M3195961 FSTR $542,000 74%$400,000 26%$142,000 $400,000 491002266 2031 905 2021 15GGD2710M3195964 Local $542,000 44%$237,161 56%$304,839 N/A N/A DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 165 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 Approved As To Form: DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 166 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 12/7/2021 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 167 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 168 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 169 I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-7 LEASE PAYMENT CALCULATION LEASE RATES AND CHARGES Lease payment calculations consist of Capital, Operations and Maintenance (“O&M”), and Asset Management and will be charged as a budget neutral operation. Capital and Asset Management charges will remain fixed for the term of the Agreement. O&M costs will be audited each year and may be subject to change upon written notice by the Town of Avon no later than June1 of any given year, which adjustment shall take effect no sooner than January 1 of the succeeding year. DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 170 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 171 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 172 EXHIBIT B-2 AVON FLEET MAINTENANCE SERVICE RATE SHEET 1. Contractor Services and Hourly Rate: At the verbal or written request of ECO Transit, Avon may provide repair and replacement work for ECO buses. For any such repair or replacement services, ECO will pay Avon a unit hourly shop rate of $110.00 per hour for light duty vehicles and equipment and $120.00 per hour for heavy duty vehicles and equipment which is the same rate as previous. Materials and sublet work shall be charged at cost plus twenty-five percent (25%). 2. Fuel Rate: ECO Transit will pay Avon a unit fuel rate of cost plus $0.15/gallon. 3. Warranty: Contractor will perform all services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 173 INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ECO TRANSIT WELCOME CENTER SPACE AT THE VAIL TRANSPORTATION CENTER THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into the day of YYkl.lch. 2014, between the Board of County Commissioners of Eagle County, a body corporate and politic ("County"), and the Town of Vail, a Colorado municipal corporation, hereinafter referred to as the "Town"(individually at"Party"and collectively,the"Parties"). RECITALS WHEREAS, the Town owns, operates and maintains the Vail Transportation Center located at 241 South Frontage Road East, Vail, Colorado 81657 (the"VTC"); and WHEREAS, the County wishes to lease certain space within the VTC for bus-ticket sales and the provision of information services concerning local and regional transportation, as well as information regarding the Town of Vail, Vail Resorts, Greyhound, and local hotels and businesses; and WHEREAS, the Town is willing to lease said space to the County upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Town and the County, the Parties do hereby agree as follows: 1. Term. The initial term ("Initial Term") of this IGA shall commence upon execution of this Agreement by both parties and shall end on December 31, 2014, unless earlier terminated as hereinafter provided. 2. Renewal Term. After expiration of the Initial Term, this IGA shall automatically renew on the same terms and conditions for up to five (5) additional one-year terms (each one year period will individually be referred to as a "Renewal Term"). Each Renewal Term will commence on January 1 and end on December 31 of the succeeding calendar year. 3. Premises. The Town hereby grants to the County the right to lease and occupy the following space at the VTC: Space No. 400 consisting of an approximately 197 square foot area located on level 4 of the VTC, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. (the "Premises"). The Town will allow the County to place a Ticket Vending Machine outside of space No. 400 with access to power provided by the Town. Area of the needed space will be at least 3 feet wide by 2 feet deep. 4. Lease Payment Amount. As consideration for lease of the Premises under this Agreement,the County shall pay to Vail for each term as follows: Page 1 of 6 2 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 174 County will compensate the Town of Vail for use of the Premises in the form of bus tickets valued in an amount not to exceed $50,000 per year. The bus tickets will be for the use of Town of Vail employees. 5. Budgeting and Appropriation. The County's obligations under this Agreement are subject to the County's annual right to budget and appropriate the sums necessary to lease the Premises. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of the County within the meaning of any constitutional or statutory debt limitation. Notwithstanding anything to the contrary contained in this IGA, the County shall have no obligations under this IGA with respect to any period after the end of the fiscal year in which funds have been appropriated therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). If applicable funds are not appropriated for a forthcoming Term, the County may terminate this Agreement without penalty, effective upon the commencement of the period for which funds have not been appropriated. the County will use its best effort to notify the Town of such non-appropriation of funds and resulting termination at the earliest possible date. 6. Payment. Payment will be made as follows: On a monthly basis, County will report and reconcile bus ride activity reports for passes dedicated to the Town of Vail billing code in the ridership software. Rides by pass will be reconciled at a rate of $1.50 per ride, not to exceed $85 per employee per month. Reports will be available to the Town no later than the 15th of the month following the billing period. 7. Rights and Limitations on Use of the Premises. The following rights and limitations apply to the County's use of the Premises: a) The County shall have access to the Premises only during normal operating hours for the VTC. b) The County agrees to accept the Premises in its existing condition and agrees not to make any installation on the Premises, except as may be removed without damage to the Premises. c) The County agrees to take good care of the Premises and to leave the Premises in the same condition as when first occupied at the commencement of this Agreement, reasonable wear and tear expected. d) The County shall be permitted to display signage necessary for its operations and as required by Greyhound Lines, Inc. The County will, at its own expense, maintain in good condition, all permitted signs and shall, on the expiration or termination of this Agreement, remove all such permitted signs and repair any damage that may be Page 2 of 6 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 175 caused by such removal. e) The County agrees to immediately notify the Town of any defects or dangerous conditions in and about the Premises of which the County becomes aware. The County agrees to reimburse the Town for the cost of repairing any damage to the Premises caused by acts or omissions of the County. 1) The County shall not permit the Premises to be used for any purpose prohibited by law, and will use the Premises in accordance with the general rules and regulations adopted by the Town governing the operation of the Premises. g) The County has the right to contract with a third-party independent contractor to provide bus-ticket sales and information services on its behalf. County's independent contractor will be required to comply with the limitations on use of the Premises contained herein. h) The Town shall provide County one daily parking pass per month for parking at the Vail Transportation Center through the course of the lease. 8. Termination. The County or the Town may terminate this IGA without cause by providing at least forty-five (45) days prior written notice to the other Party. 9. Utilities. The Town agrees that it will, at its own expense, furnish the necessary electricity, heating, lighting, trash removal, and water for the leased premises. the County shall provide janitorial and other services necessary to maintain the Premises in a clean and orderly condition, as well as special lighting lamps not normally furnished by the Town, at the County's own cost and expense. 10. Inspection. The Town shall have the right to enter the Premises for the purpose of inspecting or protecting the Premises. 11. Liability and Indemnification. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. 12. Insurance. The County must carry valid insurance for any individuals and property that are involved in use of the Premises. The Parties must each carry property damage and general liability insurance policies, each in the amount of$1,000,000 per occurrence and $1,000,000 aggregate. 13. Relationship of the Parties. The relationship between the Parties is that of cooperating independent governmental entities and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership,joint venture, or joint ownership interest in the real property. 14. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to Page 3 of 6 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 176 waive limit, or otherwise modify any governmental immunity that may be available by law to the Town or the County, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the Town or the County, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 15. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of the Lease shall be given in writing, delivered personally or sent by certified or registered mail, postage prepaid and return receipt requested, or by overnight courier, with shipping charges prepaid, address as follows: To the Town: Town of Vail Pam Brandemeyer Assistant Town Manager 755 Frontage Road Vail, CO 81657 Ph.: (970)479-2100 To the County: Eagle County Director of Transportation for ECO Transit 3289 Cooley Mesa Road P.O. Box 1070 Gypsum, CO 81637 Ph.: 970-328-3520 16. No Third-Party Beneficiaries. Nothing contained in this IGA is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including any agent, sub-consultant or sub-contractor of the Town, the County or Eagle County. Absolutely no third-party beneficiaries are intended by this IGA. Any third-party receiving a benefit from this IGA is an incidental and unintended beneficiary only. 17. Miscellaneous. a. Except as provided herein, no amendment, alteration, modification or addition to this Agreement shall be valid or binding unless in writing and signed by the Parties. b. The caption of each section is added as matter of convenience only and is to be considered of no effect in the construction of any provision contained herein.' c. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. d. Should either party bring suit to enforce the terms of this Agreement, the Parties shall bear their own respective costs, expenses, and attorneys' fees. Page 4 of 6 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 177 e. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be deemed invalid or unenforceable, the remainder of the Agreement shall not be affected thereby. Signature Page Follows// Page 5 of 6 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 178 IN WITNESS WHEREOF,the Parties hereto have executed this IGA the day and year first above written. TOWN OF VAIL TOWN OF VAIL, STATE OF COLORADO, By and Through Its MAYOR ATTEST: aft.401/MIlb_ _ 4,...,,By: CD)7a-gel, own 1er =,gip 1 Oc`, ndy Daly, May. SEA t Date:J 8/ 00/`1 L • QQ•'••..... RADUEAGLECOUNTYNNN, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS OF GLF ATTEST: C Roo Y: Clerk to the Board of Ji '.n . Ryan, Chairman County Commissioners Y l lDate: Page 6 of 6 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 179 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 180 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 181 DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 182 1 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into as this _____ day of __________, 202_ (the "Effective Date") by and between the Town of Eagle, a Colorado home rule municipality with an address of P.O. Box 609, Eagle, CO 81631 (the "Town"), and the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (the "County") (each a "Party" and collectively the "Parties"). WHEREAS, the Town utilized a local mechanic for maintenance of the Town's fleet vehicles until their recent retirement, and now wishes to use the Eagle County Fleet Management's services for such maintenance; and WHEREAS, the Parties are authorized to enter into this Agreement by Article XIV, § 18 of the Colorado Constitution and C.R.S. § 29-1-203, which allow governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and sufficient consideration, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the maintenance of Town police department vehicles by the County. 2. Services. The County, through Eagle County Fleet Management, agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the service or work described in Exhibit A. 3. Term. This Agreement shall commence upon the Effective Date and shall continue through _____________. 4. Termination. This Agreement may be terminated by either Party, with or without cause upon 30 days' prior written notice to the other party. The County shall be entitled to compensation for services performed prior to such termination, and both Parties shall thereafter be relieved of all duties and obligations under this Agreement. 5. Hold Harmless. The Town shall hold the County harmless for any claims from third parties arising out of the County's maintenance of the Town's vehicles. 6. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 183 2 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement and any attached exhibits constitute the entire Agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent prepaid, first-class United States Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. j. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF EAGLE, COLORADO ____________________________________ Scott Turnipseed, Mayor ATTEST: __________________________________ Jenny Rakow, Town Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 184 3 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX EAGLE COUNTY, COLORADO ____________________________________ ATTEST: __________________________________ County Clerk DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 185 4 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX EXHIBIT A 1. Rate. The Town agrees to pay the County a rate of $110.00 an hour for mechanic's time performing maintenance services. 2. Payment. The County shall bill payment on the first of every month. Payment is due from the Town by the 30th of the same month. 3. Scope of Maintenance Services. The County shall be responsible for routine maintenance of Town police vehicles, including without limitation regular oil changes, proper tire inflation, engine operation, transmission, air conditioning and any other repairs or major components necessary for the safe operation of police vehicles. DocuSign Envelope ID: 249C9FDC-9748-4ABD-9547-BDE46942E376 186 AGENDA ITEM NO. 7.2 Item Cover Page DATE:December 6, 2022 TIME:20 min. SUBMITTED BY:Beth Markham, Environmental Sustainability ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 23, Series of 2022, First Reading, An Ordinance Repealing and Reenacting Chapter 13 of Title 5 of the Vail Town Code, Regarding Carryout Bag Requirements and Fees SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 23, Series of 2022 upon first reading. PRESENTER(S):Beth Markham, Environmental Sustainability Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: PPRA Ordinance No. 23, Series of 2022- Presentation- 120622.pdf PPRA_Ordinance_No._23_Series_of_2022_Memo-_120622.pdf Ordinance_No._23__Series_2022_-_O113022.pdf 187 PRESENTATION BY Kristen Bertuglia Environmental Sustainability Director Beth Markham Environmental Sustainability Manager Plastic Pollution Reduction Act Update Vail Town Council 12-6-22 188 PPRA/Town of Vail Code–Ordinance No. 23, Series of 2022 Code Changes 1.Repeal and Replace Chapter 5, Title 13 with Ordinance No. 23, Series of 2022 2.Bag Fee •$0.25/bag 3.Business/Town Fee Split •60/40 Split (instead of 60/40 town/business) 4.Remove Small Store Exemptions •Fee and Bans apply to all grocery and retail •Restaurants to remain exempt 5.Definition of Reusable Bag •Match PPRA definition: designed for 125 uses, made of cloth, fabric or recycled material, stitched handles, can carry 22 lbs 189 Municipality Outreach Community Previous Ordinance PPRA Bag Fee Amount to Municipality Amount to Business Updates with PPRA Implementation Vail, CO No plastic bags at grocers over 4,000 sq feet; $0.10/bag fee on paper $0.25 40%60% Expand to all stores and retail food establishments with restaurants remaining exempt for time being. Aspen, CO No plastic bags at grocers >3,500 sq ft; $0.20/bag fee on paper $0.20 60%40% Will expand to all retailers that PPRA applies to as defined by the state Avon, CO No plastic bags in any retailer (including small stores and restaurants) $0.10/bag fee on paper $0.10 100% if >4,000 sq ft 100% if <4,000 sq ft No changes to current regulation; keeping current fee and split structure through 2023 Boulder, CO Plastic bag ban at grocery stores; $.10/bag fee paper bags $0.10 60%40% Expand to all retailers required per PPRA; considering fee increase in future Breckenridge, CO No plastic bags at any retailer; $0.10 fee on paper $0.10 100% less $100 per month per business up to $100 per month Still determining plan for PPRA implementation; considering raising to $0.25/bag Eagle, CO No previous ordinance in place $0.10 60%40% Planning to implement as detailed in PPRA; small stores and restaurants exempt Eagle County, CO No previous ordinance in place for unincorporated Eagle County NA NA NA Still determining plan for PPRA implementation; considering following Avon or Vail's approach. 190 PPRA–Business and Community Outreach 1.Vail Chamber and Business Association Season Kick Off Presentation 2.Outreach to other Municipalities 3.Meeting with Business and Community Stakeholder Group 4.Direct Outreach with Restaurants 5.Electronic Communication to all impacted businesses 191 PPRA Community Support –Staff Recommendations 1.Education and Outreach •Robust Outreach Campaign •Provide Bag producer resources •Provide training and education •Develop positive and consistent messaging and provide required signage to impacted businesses using bag fee dollars 2.Incentives •Investigate options for incentivizing early adoption of plastic bag ban Does the Vail Town Council support the recommended updates to the Vail Town Code with respect to the PPRA and the community support items? 192 Next Steps Should the Vail Town Council support the first reading of Ordinance No. 23, Series of 2022, staff will: 1. Return December 20th for 2nd Reading and Adoption of Ordinance No. 23, Series of 2022 2. Continue outreach to impacted businesses 3. Investigate incentive options for early adopter businesses 4. Develop messaging for signage for businesses 5. Finalize internal fee collection software updates 193 Thank you! 194 To: Vail Town Council From: Environmental Sustainability and Finance Department Date: December 6, 2022 Subject: HB21-1162 Plastic Pollution Reduction Act (PPRA) – First Reading of Ordinance No. 23, Series of 2022 to repeal and replace Title 5, Chapter 13 of the Vail Town Code I. Purpose The purpose of this memorandum and presentation is to present the 1st reading of Ordinance No. 23, Series of 2022 to update Title 5, Chapter 13 of the Vail Town Code to include revisions relevant to HB21 -1162, the State of Colorado’s Plastic Pollution Reduction Act. II. Background: Plastic Pollution Reduction Act In 2015, Town of Vail implemented the Kick the Bag Habit program and Ordinance No. 2 Series of 2015 was passed. This ordinance instituted a plastic bag ban at grocers 4,000 square feet and larger and imposed a $0.10 fee on disposable paper bags, Title 5, Chapter 13. The $0.10/bag fee is returned to the town to fund recycling and waste diversion programs. Prior to the ordinance going into effect, the two largest grocery stores in Vail gave away 4.5 million bags annually on average. In 2021, these grocery stores sold just over 430,000 paper bags, up from 315,470 bags in 2020 (Figure 1). Bag fees are tracking high for 2022 based on year-to-date numbers. Year Fee Collected Number of Paper Bags Sold 2022 YTD $34,133 YTD 341,330 YTD 2021 $43,047 430,473 2020 $31,547 315,470 2019 $32,923 329,230 2018 $33,381 333,810 2017 $31,920 319,200 Figure 1. Paper Bags distributed and annual fees collected by Town of Vail On July 6, 2021, Governor Jared Polis signed HB21-1162, the Plastic Pollution Reduction Act (PPRA) into law, the second most comprehensive law in the country. Prior to HB21-1162s passage, 10 states had plastic bag bans and 7 states had polystyrene 195 Town of Vail Page 2 foam bans. With the signing of this bill, Colorado becomes the first state in the U.S. to strike a state plastics preemption law, restoring the right of local municipalities to enact their own plastic regulations. Enforcement of the PPRA is left to the municipalities. There are four main components to the PPRA included in Appendix A for reference. Details on requirements and exemptions can be found in Appendix B. While many communities around the state are still working to develop a plan to implement the PPRA requirements, some have shared what they are currently planning. The chart in Appendix C indicates whether a community had a previous plastic bag ban and/or fee structure in place and what will change with the PPRA implementation. Prior to the January 1, 2023 state-mandated bag fee going into effect, staff presented information on the Plastic Pollution Reduction Act (PPRA) to the Vail Economic Advisory Council and assembled a group of community and business stakeholders to gather input on implementation of the new requirements. Staff presented community and business stakeholder recommendations for implementation of HB21-1162, the PPRA to town council November 1, 2022. Council direction was shared out with the stakeholder group, staff conducted business outreach to all impacted businesses informing them of the PPRA implementation and proposed amendments being considered, and staff conducted direct one on one conversations with multiple restaurant owners. After these discussions, staff recommends three revisions from the initial recommendations presented last council meeting, which are detailed below. III. Ordinance No. 23, Series of 2022 Proposed Ordinance No. 23, Series of 2022 repeals and replaces the current Title 5, Chapter 13 of the Vail Town Code. The ordinance is attached in Appendix D. Proposed changes that have been made since the previous council meeting are detailed below. 1. Increase the current $0.10/bag fee to $0.25/bag on January 1, 2023 for disposable paper and plastic bags. Grocers can only distribute disposable paper bags as per current code in Title 5, Chapter 13; all other stores and retail food establishments with the exemption of restaurants, can distribute both paper and plastic disposable carryout bags with the fee until January 1, 2024 when plastic bags are prohibited (with the exception of plastic bags purchased prior to this date- stock can be used until June 1, 2024 and fee to still be assessed). Fees will be remitted to the town monthly via the Muni-rev system. Split Fee 60/40 between Business/municipality: Although the PPRA indicates the bag fee be split between the municipality and business at a 60/40 split in favor of the municipality, TOV will instead flip the split of 60/40 in favor of the business ($0.15/bag for business / $0.10/bag remitted to town) providing additional funds to the businesses for implementing the program. The town will use the funds to continue offering waste diversion initiatives including town clean up days, Hard to Recycle events and recycling education programs. Additional funds collected annually can fund enforcement of the ordinance and additional waste diversion programs including zero waste, composting, etc. 2. Remove Store Exemptions: The PPRA has exemptions for restaurants and Colorado- based small stores with 3 or fewer locations. The town will close the loophole and apply the fees (and bans in 2024) to all stores. Food retail establishments will remain exempt if they 196 Town of Vail Page 3 prepare or serve food in individual portions for immediate on-premises or off-premises consumption and is not a grocer or convenience store (this includes restaurants). IV. Outreach and Incentives Staff will continue to facilitate education and outreach as well as research potential incentives for businesses who adopt the plastic bag ban early. The PPRA also requires businesses display signage outside of the business and inside at the point of sales indicating bag fee. Based on stakeholder feedback, staff recommends Town of Vail develop a positive and consistent message and provide this required signage to businesses versus the businesses creating their own messaging. This will be funded by the town’s portion of the bag fee. V. Staff Recommendations Staff recommends the Vail Town Council approval of the first reading of Ordinance No. 23, Series of 2022 and support the creation of town wide signage for businesses to display regarding the bag fee. VI. Next Steps Pending council approval of the first reading, staff will: • Conduct a robust outreach campaign to educate businesses on the ordinance going into effect; • Finalize internal fee collection software updates; • Create messaging and signage for businesses to display regarding the bag fee; and • Investigate potential incentives for businesses who eliminate plastic bags ahead of the January 1, 2024 deadline. 197 Town of Vail Page 4 Appendix A: Four Main Components of HB21-1162, the PPRA January 1, 2023: Plastic and Paper Bag Fee • $0.10 fee on all plastic and paper bags will go into effect (municipality may raise fee higher by resolution or ordinance) • During this time, retailers can still give out plastic bags, but are required to charge ● Affects large grocery and retail stores ● Restaurants and small Colorado-only stores with 3 or fewer locations excluded ● Retailer keeps $0.04 to implement the program (if fee is higher, retailer retains 40%) ● Municipalities and Counties (unincorporated) receive $0.06 (or if fee is higher, 60%) to imple ment program, enforce the law, fund recycling, composting, waste diversion programs, and education. ● Does not apply to customers with federal or state food assistance programs ● Fee on plastic bags ends Jan. 1, 2024 January 1, 2024: Plastic Bag Ban • Ban on plastic carryout bags goes into effect. • Affects large grocery and retail stores • Restaurants and small Colorado-only stores with 3 or fewer locations excluded • Stores can use up any remaining stock of bags until June 1, 2024 as long as they were purchased by Jan. 1, 2024 January 1, 2024 – Ban on polystyrene food containers and cups ● Ban on polystyrene to -go food containers and cups goes into effect ● Affects all restaurants and schools ● Retail food establishments can use up any polystyrene containers purchased by Jan. 1, 2024 until they are gone July 1, 2024: Local government pre-emption on plastic bans is lifted ● Municipalities and counties can enact, implement and enforce more stringent laws ● Local governments can enact and enforce laws that prohibit, restrict or mandate the use or sale of plastic materials, containers, packaging or labeling ● Exempts packaging for medical products including drugs, medical devices or dietary supplements 198 Town of Vail Page 5 Appendix B: Exceptions under the Plastic Pollution Reduction Act as defined by the State PLASTIC BAGS Covered under the ban and bag fee ● Major* grocery stores and supermarkets ● Major convenience stores ● Major liquor stores ● Pharmacies and drug stores ● Major retailers ● Other major stores or retail food establishments providing single use plastic carryout bags *those with more than three locations or with locations outside Colorado Exceptions from the ban and bag fee ● Smaller* stores ● Restaurants ● Farmers and roadside markets ● Bags for loose, bulk items including hardware, bolts, screws, nuts, fruits, vegetables, grains ● Bags for dry cleaning, laundry, or garments, prescription medication, frozen food, meat, seafood, plants and other items that could otherwise contaminate other items ● Bags for unwrapped food or bakery goods such as those used by restaurants for take-home or to-go food ● Bags for small pets like fish, crustaceans, mollusks and insects *those with three or fewer locations operating solely in Colorado POLYSTYRENE (STYROFOAM) Covered under the ban Exceptions from the ban ● Restaurants ● Major grocery stores and supermarkets ● Major convenience stores ● Other major retail food establishments providing expanded polystyrene containers ● Cafeterias in schools, prisons and businesses ● Farmers and roadside markets ● Stores whose primary sales revenue does not come from food products. 199 Town of Vail Page 6 Appendix C- PPRA Implementation Around Colorado Appendix D- Ordinance No. 23, Series of 2022 Community Previous Ordinance Current Bag Fee Amount to Municipality Amount to Business Updates with PPRA Implementation Vail, CO No plastic bags at grocers over 4,000 sq feet; fee on paper $0.10 100% 0% Expand to all stores and retail food establishments with restaurants remaining exempt for time being. $0.25/bag and split 60% to business and 40% to town Aspen, CO No plastic bags at grocers >3,500 sq ft; fee on paper $0.20 75%+ 25% up to $100 per month Will expand to all retailers that PPRA applies to as defined by the state and will charge $0.20/bag and split 60% to city / 40% to business Avon, CO No plastic bags in any retailer (including small stores and restaurants) fee on paper $0.10 100% if >4,000 sq ft 100% if <4,000 sq ft No changes to current regulation; plastic bags already prohibited town wide and keeping current fee and split structure through 2023 Boulder, CO Plastic bag ban at grocery stores; fee paper bags with 40%+ RYC content $0.10 60% 40% Expand to all retailers required per PPRA; likely will increase fee to $0.25/bag in 2023 and maintain current split of the fee 60% to the city and 40% to the business. Breckenridge, CO No plastic bags and paper with <40% post consumer RYC material at any retailer; $0.10 fee on paper $0.10 $0.10 less $100 per month per business up to $100 per month Still determining plan for PPRA implementation; considering raising to $0.25/bag Fort Collins, CO Plastic bag and paper <40% RYC content ban; paper bag >40% RYC content fee at large gorcers 10,000 sq ft+$0.10 50% 50% Updated and implemented in May, 2022; still applies to all large grocers; $0.10/bag fee split 60% to muncipality and 40% to business. Eagle, CO No previous ordinance in place NA NA NA Planning to implement as detailed in PPRA- $0.10/bag with fee being split 60% to municipality and 40% to business; small stores and restaurants exempt Eagle County, CO No previous ordinance in place for unincorporated Eagle County NA NA NA Still determining plan for PPRA implementation; considering following Avon or Vail's approach. 200 1 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX ORDINANCE NO. 23 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE, REGARDING CARRYOUT BAG REQUIREMENTS AND FEES WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests; WHEREAS, the Town is committed to environmental protection and stewardship; WHEREAS, reducing the use of disposable carryout bags has a positive impact on the local environment, including reducing pollution, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; WHEREAS, in March 2015, the Town Council adopted Ordinance No. 2, Series of 2015, which prohibited disposable plastic bags and required a charge for the use of disposable paper bags at grocers; WHEREAS, the Colorado Legislature has adopted the Plastic Pollution Reduction Act, which will impose a statewide carryout bag fee on January 1, 2023, and will prohibit distribution of single-use plastic carryout bags on January 1, 2024; and WHEREAS, the state legislation requires amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5, Chapter 13 of the Vail Town Code is hereby repealed in its entirety and reenacted follows: CHAPTER 13: CARRYOUT BAGS 5-13-1: PURPOSE: The purpose of this Chapter is to protect the public health, safety and welfare by encouraging the use of reusable carryout bags and discouraging the use of disposable carryout bags. 5-13-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: CARRYOUT BAG: A bag that is furnished to a customer at a store at the point of sale for use by the customer to transport or carry purchased items, 201 2 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX but excluding: a bag made of paper when the paper has a basis weight of 30 pounds or less; a bag that a pharmacy provides to a customer purchasing prescription medication; a laundry, dry cleaning or garment bag; or a bag that a customer uses inside a store to package loose or bulk items, such as fruits, vegetables, nuts, grains, candy, greeting cards, small hardware, live insects, fish crustaceans, mollusk or other small species, bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared foods, meat, seafood, fish, flowers, potted plants or other items that, if they were to come into contact with other items, could dampen or contaminate the other items. CONTAINER: A receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed, including hinged food containers, plates, bowls, and trays. FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption, but excluding a drug, as defined in C.R.S. § 25-5-402(9). GROCER: A retail business located in a permanent building containing at least 4,000 square feet of retail space, that operates year round as a full line, self-service market offering for sale staple foodstuffs, meats, produce or other perishable items for off-premises human consumption, but excluding businesses at which foodstuffs are an incidental part of the business. PLASTIC: A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal. POINT OF SALE: A check-out stand, cash register, or other point in a store or retail food establishment at which a sales transaction occurs, or for products that are ordered remotely from a store or retail food establishment and delivered, the location where the products are delivered. RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from one hundred (100) percent recycled material or other post-consumer content. RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. § 25-4-1602(14), except it does not include farmers’ markets and roadside markets as described in C.R.S. § 25-4-1602(14)(j). REUSABLE CARRYOUT BAG: A carryout bag that is designed and manufactured for at least one hundred twenty-five (125) uses, can carry at 202 3 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX least twenty-two (22) pounds over a distance of one hundred seventy-five (175) feet, has stitched handles, and is made of cloth, fiber, or other fabric or recycled material such as polyethylene terephthalate (PET); excluding bags made of biologically based polymers such as corn or other plant sources; except that a carryout bag made of hemp is a reusable carryout bag if it is designed and manufactured in accordance with the above terms. SINGLE-USE PLASTIC CARRYOUT BAG: A carryout bag that is a single- use plastic product made predominantly of plastic derived from natural gas, petroleum, or a biologically based source, such as corn or other plant sources, and that is provided to a customer at the point of sale. STORE: A grocer, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers, including a farmers’ market, roadside market or stand, festival, or other temporary vendor or event that includes temporary vendors. 5-13-3: CARRYOUT BAGS: (A) Commencing on the effective date of the ordinance codified in this Chapter, all stores shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. Commencing on January 1, 2024, all stores and retail food establishments shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. (B) Commencing on the effective date of the ordinance codified in this Chapter, no grocer shall provide a single-use plastic carryout bag to a customer at any point of sale. Commencing on January 1, 2024, no store or retail food establishment shall provide a single-use plastic carryout bag to a customer at any point of sale; provided that, until June 1, 2024, a store or retail food establishment may provide a single-use plastic carryout bag to a customer, for the fee established by Section 5-13-4, if the single-use plastic carryout bag was part of the inventory of the store or retail food establishment before January 1, 2024. (C) A retail food establishment is exempt from this Section if it prepares or serves food in individual portions for immediate on-premises or off- premises consumption and is not a grocer or convenience store. (D) This Chapter shall not prohibit a customer from using bags of any type that the customer brings into the store or retail food establishment, or from carrying away goods that are not placed in a bag. 5-13-4: CARRYOUT BAG FEE: 203 4 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX (A) The carryout bag fee shall be $0.25 per carryout bag. (B) Stores shall record the number of recycled paper carryout bags and single-use plastic carryout bags provided to each customer and the total amount of the carryout bag fee charged to the customer on the customer transaction receipt. (C) No store may reimburse a customer for any part of the carryout bag fee, but stores may provide incentives for the use of reusable carryout bags through credits or rebates. (D) Each store shall conspicuously display a sign in a location inside or outside the store, which sign alerts customers about the carryout bag fee. (E) The carryout bag fee shall not apply to any customer that provides proof that they are a participant in a federal or state food assistance program. (F) A store may retain $0.15 of each carryout bag fee charged to be used for: (1) Providing educational information to customers; (2) Training staff in the implementation and administration of the carryout bag fee; (3) Improving or alter ing infrastructure to allow for the administration, collection, implementation and reporting of the carryout bag fee; and (4) Providing recycled paper carryout bags and reusable carryout bags to customers. (G) The remaining $0.10 of each carryout bag fee shall be paid to the Town, and the Town shall deposit all revenues from carryout bag fees in a designated waste reduction fund, to be used for: (1) Producing and providing reusable carryout bags to Town residents and guests; (2) Providing education and outreach campaigns to raise awareness about waste reduction, recycling and compost; (3) Funding programs and infrastructure that allow the community to reduce waste and recycle; 204 5 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX (4) Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; (5) Funding community cleanup or collection events and other activities to reduce waste; (6) Maintaining a public website for the purpose of educating the Town’s residents and guests on waste reduction efforts; and (7) The administration of the carryout bag fee. (H) The carryout bag fee shall be paid pursuant to all applicable provisions of the Town’s sales tax code, including administration, collection and enforcement. The Town shall provide the necessary forms for stores to file individual returns with the Town to demonstrate compliance with this Chapter. Notwithstanding this method of collection, the carryout bag fee is not a tax. 5-13-5: RECORDS: (A) Each store shall maintain accurate and complete records of the carryout bag fees collected under this Chapter and the number of carryout bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. All such documents and records shall be maintained for a period of three (3) years from the end of the calendar year of such records. (B) If requested, each store shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with this Chapter. 5-13-6: VIOLATION AND PENALTY: (A) It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B) Violations of this Chapter shall be punishable as follows: (1) First violation in any calendar year: a fine of $50; (2) Second violation in the same calendar year: a fine of $100; and (3) Third or subsequent violation in the same calendar year: a fine of $300. 205 6 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 6. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2022 and a public hearing for second reading of this Ordinance set for the _____ day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: 206 7 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX ____________________________ Stephanie Bibbens, Town Clerk 207 AGENDA ITEM NO. 7.3 Item Cover Page DATE:December 6, 2022 TIME:20 min. SUBMITTED BY:Carlie Smith, Finance ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 24, Series of 2022, First Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Residences at Main Vail Fund, Heavy Equipment Fund of the 2022 Budget for the Town of Vail, Colorado; and Authorizing the said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 24, Series of 2022 upon first reading. PRESENTER(S):Carlie Smith, Finance Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 221206 2022 4th Supp.pdf 208 TO: Vail Town Council FROM: Finance Department DATE: December 6, 2022 SUBJECT: Fourth Supplemental Appropriation of 2022 I. SUMMARY During Tuesday evening’s session, you will be asked to approve the first reading of Ordinance No. 24 making supplemental appropriations and adjustments to the 2022 budget. II. DISCUSSION General Fund In total, budgeted revenues in the General Fund will be increased by $1,153,739. This includes $525,000 in loading and delivery permit fees that will go towards funding the annual cost of $1,374,000 for the program. Revenue adjustments also include a $110,371 increase in the Real Estate Transfer Tax (RETT) collection fee, (a 5% administrative fee paid to the General Fund). The fee increase corresponds with the increase in RETT revenue collected year to date (see below increase in RETT). The remaining $518,368 of revenue adjustments that will be offset by corresponding expenditures include: $15,200 of rent revenue from the newly purchased and leased employee housing units which will be offset by HOA dues and master lease payments. A total of $493,575 in state reimbursements for deployments to 20 separate wildfires, with $351,575 of that covering the town’s personnel and travel costs and $141,998 for use of town vehicles and equipment during wildfire deployments. $9,595 use of Friends of the Library funds for the Storywalk, Champagne Celebration, Senior Luncheon, Oral History presentation, and the annual Fall Appeal. General Fund expenditures are proposed to increase by $989,681 of which $518,368 will be reimbursed listed above. The remaining $471,313 includes: $50,000 to contract with a grant writer specifically for future housing project grants. $8,400 towards the Steward Vail project for work beyond the original scope. $160,000 for attorney fees. During 2022, attorney hours increased due to litigation and overall activity at the town. $36,000 for annual costs of electric vehicle (EV) station management and maintenance. This includes parts and labor warranties, technical support, on-site repairs when needed, and access to the admin dashboard. 209 - 2 - $40,000 for branding and marketing the new parking system approved by Council during the October 4th Council meeting. $37,200 for the Vail Village Inn order to pay legal fees. $127,813 increase in expenditures in the General Fund offset by a reduction of expenditures from the Capital Projects Fund for annual maintenance costs for the Synexis air filtering systems. This has no net effect on the total budget. The adjustments in the General Fund also reflect a reduction in expenditures of $135,000 which will be offset by an increase in expenditures in the Capital Projects Fund for both loading and delivery program capital asset purchases such as refrigerators and shelving ($125,000) in addition to a new fire hose ($10,000). The above adjustments to the General Fund 2023 budget result in an estimated fund balance of $49.8 million by the end of 2023, or 90% of annual revenues in a normal year. Capital Projects Fund Budgeted revenues will be adjusted by a decrease of $835,000 offset by an increase of $1,926,215. Based on year-to-date collections, use tax is being reduced by $835,000. YTD collections total $1,946,012, down 45% compared to the prior year when construction use tax was significantly higher due to several large residential projects and the construction of the new Marriott Residence Inn. The 2022 amended construction use tax budget totals $1,965,000. The $1,926,215 of revenues adjustments include the following and will be directly offset by corresponding expenditures: A $1,814,882 state grant to go towards the purchase two electric buses ($2,200,000). These buses are included in the 2024 budget but are requested to move forward to be ordered this year for delivery in 2024. Both the expenditure and grant revenue will later be re-appropriated in the 2023 budget. $61,333 total reimbursement from Eagle County and the Town of Avon towards the shared Special Operation Unit robot, “Stanley”. The total cost of the SOU robot is $92,000 and is being split equally across the three entities. $50,000 reimbursement from the Vail Local Marketing District for the new Welcome Center displays ($200,000). Both the reimbursement and the expenditures were originally budgeted in the Real Estate Transfer Tax Fund. This has no impact on the total budget. Staff is requesting to increase expenditures by a total of $2,873,688 of which $2,492,000 relates to expenditures corresponding to the reimbursements mentioned above. The remaining $974,130 includes: $297,000 for an oversize turnaround at Bighorn Rd approved by Council during the September 9th meeting. This will also utilize savings of $211,000 within the capital street maintenance annual budget. $128,000 for parking signage approved by Council October 4th. $101,500 annual cost for the Axon body-worn camera system originally approved as part of the 2021 budget as a five-year commitment that was left out of the original 2022 Budget in error. $125K for capital asset purchases to support the loading and delivery program. Initially, the total cost of this program was budgeted in the General Fund. The General Fund reflects a corresponding decrease, and this adjustment will have no net effect on the total budget. 210 - 3 - A reduction of $127,813 is reflected in the budget to offset the increase in the General Fund for operating and maintenance costs of the town’s Synexis air filtration system. This has a net zero effect on the overall budget. $3,500 is requested to cover the increased annual costs of project THOR (internet fiber infrastructure). $15,000 is requested for additional cabling needed for the new parking system. $10,000 for the redevelopment of the Sole Power App on the town’s new website platform. $25,000 for overall increases across the town’s software systems. $2,000 towards the increased engineering costs for the underground Holy Cross project proposed as part of the 2023 budget. The Capital Projects Fund also reflects a $3,000 transfer to the Residences at Main Vail for an arbitrage compliance audit required by law. All of the above adjustments will result in an estimated fund balance of $15.1 million by the end of 2023. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will be adjusted by an increase of $2,220,495. The majority of the increase is an adjustment of $2,207,414 to real estate transfer tax based on year-to-date collections. The town has begun to see a slowdown in real estate sales however collections have been boosted by the sale of the Four Seasons and the Sitzmark. Year-to-date collections total $9.3M compared to an annual budget of $7.5M. To correspond with the increase in revenue, an additional $110,371 of real estate transfer tax collection fees will be paid to the General Fund. The additional $13,081 of revenue adjustments includes utilizing $8,915 of bag fee revenue to offset the increased cost of $10,915 for Clean Up Day and $4,166 of grant revenue from local organizations used to purchase Sole Power program prizes. Total revenue will also be decreased by $50,000 to shift the Vail Local Marketing District reimbursement for the Welcome Center displays along with the expenditures of $200,000 to the Capital Projects Fund. Staff is requesting to supplement expenditures by a total of $512,084 of which will be offset by a $200,000 decrease in expenditures to transfer the Welcome Center Display project to the Capital Project Fund. Of the total $512,084 requested, $125,452 corresponds to the reimbursements above. The remainder includes the following: $50,000 of additional Fire Free Five program funds to support the higher-than- anticipated community participation. $216,000 for the Vail Recreation District golf course greens project. $16,593 for the increased costs of the Front Ranger program. The town’s total 2022 contribution towards this program is $49,593. A re-appropriation of $104,040 from 2021 for solar at the new Public Works shops building The RETT fund also reflects the use of $20,000 of recreation path maintenance project savings towards additional landscaping expenditures at the new Booth Heights trailhead restroom due to unanticipated underground water conditions. The above adjustments will result in an estimated fund balance of $6.6 million at the end of 2023. 211 - 4 - Housing Fund During the 2nd supplemental, a placeholder of $4,500,000 was allocated within the Housing Fund to be available for various housing programs and purchases throughout the year. This supplemental reflects the allocation of those funds for specific projects including $50,000 for surveying, appraisal, and legal costs of the East Vail parcel, $600,000 of additional funds to purchase the East Vail parcel from the Colorado Department of Transportation (total cost of $2,600,000), and $195,000 for a geotechnical study at the western half of Timber Ridge Apartments. The Housing Fund also reflects an additional $313,000 of the 0.5% dedicated housing sales tax. A total of $4,813,000 is forecasted in the 2022 amended budget to fund community housing projects and programs. Lastly, the Housing Fund reflects $46,000 of housing fees-in-lieu of collections allocated towards future buydown funds. The above adjustments will result in an estimated fund balance of $504,531 at the end of 2023. Residences at Main Vail Fund The Residences at Main Vail budget reflects an increase of $3,000 in total expenditures for annual arbitrage compliance audit fees on the new construction bonds. This will be offset by a transfer from the Capital Projects Fund. Heavy Equipment Fund Budgeted revenue will be adjusted by $53,611 insurance reimbursement for a vehicle that was destroyed by a vehicle fire. These funds will be used to purchase a new truck at a total cost of $62,555. Budgeted adjustments also include an increase of $243, 850 in expenditures to order a new Type 6 Brush Truck in 2022 and to be delivered in 2023. Council approved this purchase earlier this year. 212 20221st20222nd20224th2022Budget Supplemental Amended Supplemental Amended Supplemental AmendedRevenueLocal Taxes:30,700,000$ 7,200,000$ 37,900,000$ 2,050,000$ 39,950,000$ 39,950,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund62/3862/3862/3862/38 Sales Tax19,034,000 4,466,000 23,500,000 1,271,000 24,771,000 24,771,000 Property and Ownership6,014,631 6,014,631 50,000 6,064,631 6,064,631 Ski Lift Tax5,448,196 100,000 5,548,196 725,000 6,273,196 6,273,196 Franchise Fees, Penalties, and Other Taxes1,693,618 1,693,618 98,000 1,791,618 1,791,618 Licenses & Permits2,186,704 2,186,704 100,000 2,286,704 525,000 2,811,704 Intergovernmental Revenue2,350,723 265,000 2,615,723 570,188 3,185,911 603,944 3,789,855 Transportation Centers6,608,758 550,000 7,158,758 600,000 7,758,758 7,758,758 Charges for Services 1,071,297 1,071,297 1,071,297 1,071,297 Fines & Forfeitures206,566 206,566 206,566 206,566 Earnings on Investments200,000 200,000 200,000 200,000 Rental Revenue1,119,843 17,336 1,137,179 1,137,179 15,200 1,152,379 Miscellaneous and Project Reimbursements251,000 53,934 304,934 20,400 325,334 9,595 334,929 Total Revenue46,185,336 5,452,270 51,637,606 3,434,588 55,072,194 1,153,739 56,225,933 ExpendituresSalaries23,041,583 1,275,000 24,316,583 (265,698) 24,050,885 251,125 24,302,010 Benefits8,075,454 250,000 8,325,454 2,496 8,327,950 100,450 8,428,400 Subtotal Compensation and Benefits31,117,037 1,525,000 32,642,037 (263,202) 32,378,835 351,575 32,730,410 7.9%Contributions and Welcome Centers284,611 284,611 284,611 284,611 Chilcare Program Funding250,000 250,000 250,000 250,000 All Other Operating Expenses9,036,237 718,452 9,754,689 749,842 10,504,531 494,706 10,999,237 Heavy Equipment Operating Charges2,816,503 2,816,503 2,816,503 2,816,503 Heavy Equipment Replacement Charges971,764 971,764 971,764 971,764 Dispatch Services652,938 652,938 652,938 652,938 Total Expenditures45,129,090 2,243,452 47,372,542 486,640 47,859,182 846,281 48,705,463 Surplus (Deficit) from Operations1,056,246 3,208,818 4,265,064 2,947,948 7,213,012 307,458 7,520,470 One-Time Items:Federal Grants ARP Transit Grant (Operating)- 337,234 337,234 337,234 337,234 CRRSAA Transit Grant (Operating)1,658,768 - 1,658,768 1,658,768 1,658,768 American Rescue Plan Grant- 1,170,000 1,170,000 1,170,000 1,170,000 American Rescue Plan Initiatives(585,000) (585,000) (1,170,000) (1,170,000) (1,170,000) Planning ProjectsDestination Stewardship Mgmt Plan (100,000) (100,000) (200,000) (30,000) (230,000) (8,400) (238,400) Vail 2050 Plan (50,000) - (50,000) (50,000) (50,000) Civic Area/Dobson Master Plan(200,000) - (200,000) (200,000) (200,000) West Vail Master Plan(225,000) - (225,000) (5,478) (230,478) (230,478) Contributions Funded with ReservesVail Chapel(500,000) - (500,000) (500,000) (500,000) Mountain Travel Symposium(158,000) - (158,000) (158,000) (158,000) Net Increase /(Decrease) due to One- Time Items: (159,232) 822,234 663,002 (35,478) 627,524 (8,400) 619,124 TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 5213 Transfer to Marketing & Special Events Fund(2,490,600) 73,515 (2,417,085) (8,000) (2,425,085) (2,425,085) Transfer to Other Funds - - - (291,938) (291,938) (291,938) Surplus (Deficit) Net of Transfers and One-Time Items (1,593,586) 4,104,567 2,510,981 2,612,532 5,123,513 299,058 5,422,571 Beginning Fund Balance 39,981,996 44,426,118 44,426,118 44,426,118 Ending Fund Balance 38,388,410$ 46,937,099$ 49,549,631$ 49,848,689$ As % of Annual Revenues83%91%90%89%EHOP balance included in ending fund balance - not spendable1,223,500$ 122,738$ 1,346,238$ 1,346,238$ 1,346,238$ 6214 1st20222nd20223rd20224th20222022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental AmendedTotal Sales Tax Revenue:30,700,000$ 7,200,000$ 37,900,000$ 2,050,000$ 39,950,000$ 39,950,000$ 39,950,000$ 2022: Adjusted for 2022 YTD thru April through November flat with 2021 Actuals; December down 5%Sales Tax Split between General Fund & Capital Fund62/3862/3862/3862/3862/38Sales Tax - Capital Projects Fund11,666,000$ 2,734,000$ 14,400,000$ 779,000$ 15,179,000$ 15,179,000$ 15,179,000$ Sales tax split 62/38Use Tax2,800,000 2,800,000 2,800,000 2,800,000 (835,000) 1,965,000 2022: Decrease use tax based on YTD collections; Based on 5-year average with Park Meadows ProjectConstruction Fees / Traffic Impact Fees- 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 2022: Re-appropriate $1.5M traffic impact fee for Frontage Rd projectFranchise Fee204,000 204,000 204,000 204,000 204,000 1% Holy Cross Franchise Fee approved in 2019; 2022-2035 based on 2% annual increaseFederal Grant Revenue- 1,650,000 1,650,000 1,650,000 1,650,000 1,650,000 2022: Allocation from Hickenlooper/Bennet federal grant award for two additional electric busesOther County Revenue- 351,000 351,000 351,000 351,000 111,333 462,333 2022: $61.3K from Eagle County and Town of Avon for shared cost of SOU; $50K from VLMD towards WC displays; $351K from ERWSD for Frontage Road Improvements projectOther State Revenue- 2,364,149 2,364,149 2,364,149 2,364,149 1,814,882 4,179,031 2022: $1.8M CDOT grant towards two electric buses; $2.1M CDOT grant for four electric buses; $255.7K CDOT grant for four electric bus chargers; $6K ARP library grant for additional book drop; $36K grant for electric car charging infrastructure Lease Revenue164,067 164,067 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Employee Rental Housing Sales295,000 295,000 295,000 295,000 Sale of Vail Heights #7 (purchased in 2015)Project Reimbursement- 15,000 15,000 15,000 15,000 15,000 2022: $15K reimbursement from Vail Health for new bus stop included in Frontage Rd project, and $351K ERWSD reimbursement for Frontage Rd. project; 2021: $60K Vail Health Reimbursement for Frontage Rd Improvements project, ; $1.5M from traffic impact fee from Vail Health for Vail Health/ Frontage Road Project; Timber Ridge Loan repayment463,043 463,043 463,043 463,043 463,043 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028)Earnings on Investments and Other112,865 112,865 112,865 112,865 112,865 2021: 0.7% returns assumed on available fund balanceTotal Revenue15,409,975 8,614,149 24,024,124 1,074,000 25,098,124 - 25,098,124 1,091,215 26,189,339 FacilitiesFacilities Capital Maintenance 489,500 6,000 495,500 495,500 495,500 (137,813) 357,687 2022: Decrease facilities maint budget by $127.8K for Synexis operating costs (to be paid by GF); Transfer $10K of facilities capital to Donovan Pavilion for upgrades and capital maint.; $6K for additional library book drop at Safeway (reimbursement above); Fire Station interior paint ($35K), Fire Stations Radiant tube replacement ($25K); Library Skylight maintenance ($150K), PW roof repairs ($50K), Phase 3 of transit center skylight replacement ($50K); 2021: garage door replacements ($50K), PW boiler replacement ($20K), 2nd phase of transit center skylight replacement ($50K), Buzzard Park repairs ($41K)Municipal Complex Maintenance835,000 714,407 1,549,407 1,549,407 1,549,407 1,549,407 2022: Re-appropriate $714.4K for Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K); 2021: Muni Admin air handlers ($225K), $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); Public Works Building Maintenance- 300,000 300,000 300,000 300,000 300,000 2022: $300K to replace two HVAC units at Public WorksWelcome Center/Grandview Capital Maintenance25,000 100,000 125,000 125,000 125,000 200,000 325,000 2022: $100K Furniture replacement in Vail Village Welcome Center; $200K DSP educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMDEmployee Rental Units- - 3,088,649 3,088,649 8,000,000 11,088,649 11,088,649 $8.0M for TOV Employee Rental Unit Purchases; Transfer 2022 Employee Rental Units purchases to Capital FundEmployee Rental Capital Maint- - 25,000 25,000 25,000 25,000 Transfer 2022 Capital Main budget for town owned rental units to Capital FundSnowmelt Boilers Replacement500,000 867,129 1,367,129 1,367,129 1,367,129 1,367,129 2021-2023: Re-appropriate for replacement of TRC 8 electric boilers (2 per year)Donovan Pavilion Remodel- 5,000 5,000 5,000 5,000 10,000 15,000 2022:Final Donovan Pavilion upgrades; 2021: Remodel and Upgrades to Pavilion; Relocation of HVAC system; Transfer $10K of facilities capital to Donovan Pavilion for upgrades and capital maintPublic Works Shops Expansion- 1,827,316 1,827,316 1,827,316 1,827,316 1,827,316 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.Total Facilities1,849,500 3,819,852 5,669,352 3,113,649 8,783,001 8,000,000 16,783,001 72,187 16,855,188 ParkingParking Structures785,000 376,429 1,161,429 1,161,429 1,161,429 1,161,429 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsOversized Parking Area2,000,000 100,000 2,100,000 2,100,000 2,100,000 2,100,000 2022: $100K for Design and survey costs for new oversized parking area; $2.0M placeholder for Construction of surface parking lotParking Entry System / Equipment- 1,510,410 1,510,410 1,510,410 1,510,410 1,510,410 2021: Re-appropriate $1.2M for a new parking system; $312K for 5 year up front cost of subscription softwareRed Sandstone Parking Structure (VRA)- 23,855 23,855 23,855 23,855 23,855 2022: Re-appropriate $23.8K to build fence at parking structureLionshead Parking Structure Landscape Renovations (VRA) - 30,291 30,291 30,291 30,291 30,291 2022: complete landscaping at the Lionshead parking structure ($30.3K); resealing and concrete replacementTotal Parking2,785,000 2,040,985 4,825,985 - 4,825,985 - 4,825,985 - 4,825,985 TOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 7215 1st20222nd20223rd20224th20222022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTransportationBus Shelters 30,000 30,000 30,000 30,000 30,000 Bus shelter annual maintenance; 2020 includes Lionshead transit center Westbound Bus shelterReplace Buses- 7,650,000 7,650,000 7,650,000 7,650,000 2,200,000 9,850,000 2022: 2 electric buses ordered in 2023 to be delivered in 2024 ($2.2M); Move forward $6M from 2023 budget to purchase 6 electric buses; $1.65M for 2 more electric buses paid by Hickenlooper federal grant dollars; 2021: Re-appropriate $3.5M for buses ordered in 2020 with delivery in 2021; Traffic Impact Fee and Transportation Master Plan Updates- 306,785 306,785 75,000 381,785 381,785 381,785 2022: $75K for big data analysis and public outreach on Transp. Master Plan update project. Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K)Hybrid Bus Battery Replacement- 165,000 165,000 165,000 165,000 165,000 2022: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yetElectric bus chargers and electrical service rebuild- 402,675 402,675 30,000 432,675 432,675 432,675 2022: Supplement $30K to include W Vail Fire Station charging station and 5 year subscription. Re-appropriate $147K for electric bus infrastructure; $255K additional funding from CDOT grant; 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 Transportation30,000 8,524,460 8,554,460 105,000 8,659,460 8,659,460 2,200,000 10,859,460 Road and BridgesCapital Street Maintenance1,405,000 1,405,000 (25,000) 1,380,000 1,380,000 (211,000) 1,169,000 2022: Transfer $211K to Bighorn Rd oversize turnaround; Transfer $25K to bridge repairs. On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K)Street Light Improvements 75,000 219,369 294,369 294,369 294,369 294,369 Town-wide street light replacementSlifer Plaza/ Fountain/Storm Sewer- 71,417 71,417 71,417 71,417 71,417 2022: Re-appropriate $71.4K for water quality vault ongoing repairsVail Health / TOV Frontage Road improvements - 3,387,820 3,387,820 3,387,820 3,387,820 3,387,820 2022: 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 PlanNeighborhood Bridge Repair- 100,000 100,000 25,000 125,000 125,000 125,000 2022: Transfer $25K from Street Mtce to cover bridge repairs Move forward $100K from 2023 budget to begin design of Bighorn Rd Bridge rails and culvert replacement; $800K budgeted for construction in 2023Seibert Fountain Improvements- 27,888 27,888 27,888 27,888 27,888 2022: Final payments for Fountain software system and valve upgrades at Seibert FountainBighorn Rd oversize Turnaround- - - - 297,000 297,000 2022: Construction of oversized turnaround at Bighorn Rd approved by Council on September 9thRoundabout Lighting Project- 50,000 50,000 50,000 50,000 50,000 2022: Move forward $50K to design roundabout lighting project. The 2023 budget includes $2.5M and proposes to install new lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED light poles and would incorporate smart transportation equipment such as traffic camerasNeighborhood Road Reconstruction- 1,463,175 1,463,175 1,463,175 1,463,175 1,463,175 2022: Re-appropriate $1.5M for East Vail road Major Drainage Improvements constructionVail Village Streetscape/Snowmelt Replacement- 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village Total Road and Bridge1,480,000 6,569,669 8,049,669 - 8,049,669 - 8,049,669 86,000 8,135,669 TechnologyTown-wide camera system30,000 30,000 60,000 60,000 60,000 60,000 $30K Annual maintenanceAudio-Visual capital maintenance150,000 150,000 (53,250) 96,750 96,750 96,750 2022: Reduce audio visual budget for annual operating cost for security camera software support; Re-assessment and update of A/V and videoconferencing solutions town-wide ($132K); '$18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2021: $100K Welcome Center video wall replacement; Document Imaging50,000 50,000 50,000 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing700,000 700,000 700,000 700,000 25,000 725,000 Annual software licensing and support for town wide systemsHardware Purchases75,000 75,000 75,000 75,000 75,000 2021-2025: $75K for workstation replacements (20-25 per year); 2021: Time Clock Replacement ($125K); workstation replacements ($50K); Website and e-commerce60,000 10,000 70,000 70,000 70,000 10,000 80,000 2022-2026: Annual website maintenance ($60K); 2022: $10K increase for Sole Power app; $10K Re-appropriation to continue website migration to Granicus; 2021: $50K for new Vailgov.com website framework and website upgrades; Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24K; Fiber Optics / Cabling Systems in Buildings50,000 575,000 625,000 625,000 625,000 15,000 640,000 2022-2025: $15K for additional cabling for new parking system; Repair, maintain & upgrade cabling/network Infrastructure $50K; $575K re-appropriation to 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 StationNetwork upgrades30,000 25,000 55,000 55,000 55,000 55,000 2022: Re-appropriate $25K for delayed wireless devices unable to order during 2021; Computer network systems - replacement cycle every 3-5 years; Data Center (Computer Rooms)155,000 155,000 155,000 155,000 155,000 2021: $125K for data center equipment annual maint; Re-appropriate $73.4K to continue Data Center remodel; $30K annual maintenance; 2022: Includes $125K for Data Center equipment annual maint agreement (2 year agreement)Broadband (THOR)94,800 94,800 94,800 94,800 3,500 98,300 2021-2024: $94.8K annual broadband expenses, potential future revenuesBusiness Systems Replacement- 55,000 55,000 55,000 55,000 55,000 2022: HR Performance mgmt. system ($55K)Total Technology1,394,800 695,000 2,089,800 (53,250) 2,036,550 - 2,036,550 53,500 2,090,050 8216 1st20222nd20223rd20224th20222022 Supplemental Amended Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDPublic SafetyPublic Safety System / Records Mgmt. System (RMS) 25,000 11,000 36,000 36,000 36,000 36,000 $25K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System";2022: Includes $11.0K for PD Brazos systemPublic Safety IT Equipment 25,000 25,000 25,000 25,000 25,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; Public Safety Equipment74,305 5,000 79,305 16,823 96,128 96,128 193,500 289,628 2022 $101.5K for body worn camera system; $92K for SOU robot; $16.8K Police equipment for patrol cars; $5K increased cost of barriers; Gas masks ($14.5K), Livescan systems ($16.5K); PD truck sign ($13K), 2 additional event barriers ($30.7K); 2021: Replacement of body worn camera program and storage software mgmt. system, tasers, and holsters; $101.5K per year for body worn camera systemFire Safety Equipment- 25,000 25,000 25,000 25,000 10,000 35,000 2022:Re-appropriate Wildland personnel protection equipment ($25K); $10K for a new fire hoseThermal Imaging Cameras12,000 12,000 12,000 12,000 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriersFire Station Alert System 230,000 230,000 230,000 230,000 230,000 2022: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the timing is being coordinated with Eagle River Fire. Deferred $198K from 2020Fire Truck Replacement1,700,000 880,000 2,580,000 166,300 2,746,300 2,746,300 2,746,300 2022: Move $166.3K from 2023 to order Type 6 Brush truck to be delivered in 2023; Re-appropriate $880K for replacement of Engine I purchased in 2011 (Truck was ordered in 2021 but unable to be delivered); Replacement of Ladder truck (aerial apparatus) purchased in 2000 ($1.7M)Total Public Safety2,066,305 921,000 2,987,305 183,123 3,170,428 - 3,170,428 203,500 3,373,928 Community and Guest Service Children's Garden of Learning Temporary Facility Relocation - 255,545 255,545 70,000 325,545 325,545 325,545 2022: $70K increase budget for final clean-up and east side improvements of lot. Re-appropriate $255K for final costs; 2021: $2.7M for temporarily relocation of the Children's Garden of LearningLoading and Delivery Capital- - - - 125,000 125,000 Capital asset purchases to support the loading and delivery programEnergy Enhancements- 97,294 97,294 97,294 97,294 97,294 2022: Re-appropriate $61.3K for Electric car charges and infrastructure at various town locations; $36K new grant for electric infrastructurePedestrian Safety Enhancements- 25,000 25,000 25,000 25,000 25,000 2022: $25K for planning and design for lighting replacement project budgeted in 2022 ($1.4M)Civic Area Redevelopment- 100,000 100,000 100,000 100,000 100,000 2022: $100K to explore outcomes of the Civic Center Master Plan such as feasibility studies / design (includes $50K for Dobson structural engineering study and $50K for preliminary Lot 10 park design)Underground Utility improvements- 15,459 15,459 15,459 15,459 2,500 17,959 2022:$18.0K to finalize Big Horn underground utility projectGuest Services Enhancements/Wayfinding- 24,307 24,307 24,307 24,307 128,000 152,307 2022: Begin design process for new wayfinding signage budgeted in 2024 ($24.3K); $128K for parking signageTimber Ridge Redevelopment- - 50,000 50,000 50,000 50,000 Placeholder for Timber Ridge RedevelopmentVehicle Expansion434,500 40,000 474,500 20,000 494,500 494,500 494,500 2022: $20K use of Police seizure funds for purchase of K-9 vehicle; Re-appropriate $40K for new PD detective take-home vehicle unable to order in 2021; 5 (of 12) vehicles for PD take-home program, detective take-home vehicle; fire inspector vehicle, wildland crew vehicleTotal Community and Guest Service434,500 557,605 992,105 140,000 1,132,105 - 1,132,105 255,500 1,387,605 Total Expenditures10,040,105 23,128,571 33,168,676 3,488,522 36,657,198 8,000,000 44,657,198 2,870,687 47,527,885 Other Financing Sources (Uses)Debt Service Payment(1,155,712) (1,155,712) (1,155,712) (1,155,712) (1,155,712) Debt Payment for PW ShopsTransfer from Vail Reinvestment Authority50,000 2,182,146 2,232,146 70,000 2,302,146 2,302,146 2,302,146 2022: $70K for CGL boulder wall; $30.3K LH parking structure landscaping; $1.5M reimbursement for Frontage Rd roundabout; $256K to complete new CGL building; $23K for Red Sandstone parking structure safety fence; $350K LH electric snowmelt boiler; $50K LH parking capital maint; 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 Residences at Main Vail- (6,144,204) (6,144,204) (6,144,204) (6,144,204) (3,000) (6,147,204) Transfer to Residences at Main Vail FundTransfer to Housing Fund(2,500,000) (1,420,000) (3,920,000) (4,112,704) (8,032,704) (8,032,704) (8,032,704) 2022: $2.5M InDeed; 2021: Transfer to Housing Fund; 2.5M per year; $2.0M for RMV Opportunity fee; $5.4M Transfer for HF Beginning balance for FSTransfer from General Fund- - 20,000 20,000 20,000 20,000 Transfer from Police Seizure Funds to cover K-9 vehicle ($20K)Total Other Financing Sources and Uses(3,605,712) (5,382,058) (8,987,770) (4,022,704) (13,010,474) - (13,010,474) (3,000) (13,013,474) Revenue Over (Under) Expenditures1,764,158 (19,896,480) (18,132,322) (6,437,226) (24,569,548) (8,000,000) (32,569,548) (1,782,472) (34,352,020) Beginning Fund Balance34,827,88849,406,51449,406,51449,406,51449,406,514Ending Fund Balance36,592,046 31,274,192 24,836,966 16,836,966 15,054,494 9 217 1st2022 2nd 20223rd20224th20222022Supplemental Amended Supplemental Amended Supplemental Amended Supplemental AmendedReal Estate Transfer Tax 7,500,000$ 7,500,000$ 7,500,000$ 7,500,000$ 2,207,414$ 9,707,414$ 2022: Based on 5-year average; 2023-2035: 2% annual increaseGolf Course Lease171,700 171,700 171,700 171,700 171,700 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue20,000 350,000 370,000 40,000 410,000 410,000 (50,000) 360,000 2022: $50K transfer VLMD reimbursement for Welcome center display; $40K from Eagle County for wildfire mitigation; $20K lottery proceeds; 1st Supplemental: $50K reimbursement from VLMD for Welcome Center displays; $300K re-appropriation from ERWSD for Dowd Junction retaining wall; 2021: $300K Reimbursement from ERWSD for Dowd Junction retaining wall project; $20K lottery proceedsProject Reimbursements101,200 101,200 101,200 101,200 101,200 2022: VRD reimbursement for annual Synexis, $90K reimbursement from the VLMD for DSMP Welcome Center displays (see project below); 2021: VRD Reimbursement for annual Synexis Maint.Donations- 42,43342,433 42,433 42,433 4,166 46,599 2022: $4.2K Sole power donations; 1st Supplemental: $10K donation from Doe Browning for Winterfest; $32.4K unused East West donation for Ford Park art space; 2021: $35.8K unused donation from East West for Ford Park art spaceRecreation Amenity Fees10,000 10,000 10,000 10,000 10,000 2021: $75K of additional recreation amenity fees based on YTD collections; 10K annuallyEarnings on Investments and Other132,460 132,460 25,000 157,460 157,460 8,915 166,375 2022: $8.9K bag fee for Clean-up day; $25K use of bag fees for waster intern and programming. Corresponding expense below. 2021 $4.5K use of Sole Power grants towards participant prizes; $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 Revenue7,935,360 392,433 8,327,793 65,000 8,392,793 - 8,392,793 2,170,495 10,563,288 Management Fee to General Fund (5%)375,000 375,000 375,000 375,000 110,371 485,371 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management556,393 556,393 34,072 590,465 590,465 590,465 Transfer from GF for wages/benefits; Operating budget for Wildland Fire crew; 2022 includes additional 2.3FTEWildfire Mitigation25,000 25,000 40,000 65,000 65,000 65,000 2022: $40K mitigation paid for by Eagle County. Implementation of Fuels Reductions projects and potential geological hazard study to update CWPP. NEPA for East Vail Hazardous Fuels Reduction50,000 49,00099,000 99,000 99,000 99,000 Complete the NEPA analysis for the East Vail Hazardous Fuels Reduction Project. This is a project which council has already voted to support, it consists of hazardous fuels reduction on USFS lands from East Vail to Red Sandstone Road; $49K increase in estimated NEPA costs as approved by Council Fire Free Five - Rebate program150,000 150,000 150,000 150,000 150,000 Cost share program for Vail citizens implementing Fire Wise Wildfire Camera Pilot Program Placeholder25,000 25,000 25,000 25,000 $25K increase to participate in wildfire camera pilot programFire Free Five - TOV Implementation- 100,000 100,000 100,000 200,000 200,000 50,000 250,000 2022: $50K of addition funds for Fire Free Five program; Move forward $100K from 5 year plan to mitigate all TOV facilities; Fire Free Five- TOV facilitiesTotal Wildland631,393 299,000 930,393 199,072 1,129,465 - 1,129,465 50,000 1,179,465 ParksAnnual Park and Landscape Maintenance2,135,540 5,0002,140,540 51,814 2,192,354 2,192,354 2,192,354 2022: $51.8K Transfer from GF for salaries/benefits; Ongoing path, park and open space maintenance, project mgmt.; Town Trail Host volunteer program ($16,000); $5K for propane for winter outdoor heatingVillage Holiday Lighting Design185,000 185,000 185,000 185,000 185,000 2022: This includes the costs of a consultant to assist the town in identifying alternative holiday decorations from traditional trees decoration; purchase two pre-lit trees for Vail Village and Lionshead as an alternative to decoration live treesPark / Playground Capital Maintenance125,000 35,000160,000 50,000 210,000 210,000 5,000 215,000 2022: $5K for increased expenditures for Ellefson sidewalks; $50K to replace playground equipment at 4 parks. $35K sidewalk repair to Ellefson Park sidewalks to coincide with turf project; 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;2021: $125K annual Maint; Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to Stephen's park to complete projectMayors Park Capital Maintenance50,000 50,000 50,000 50,000 50,000 2022: Replace flagstone at Mayors ParkTree Maintenance75,000 75,000 75,000 75,000 75,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement85,000 85,000 85,000 85,000 85,000 Annual street furniture replacementVillage Landscape Enhancements50,000 50,000 50,000 50,000 50,000 Landscaping Enhancements of areas identified in Vail Village for potential future sculptural placementCovered Bridge Pocket Park Rehabilitation- - - - - 2021: $111.1K complete Pocket Park rehabilitationStephens Park Safety Improvements- 35,82135,821 35,821 35,821 35,821 2022: Re-appropriate $35.8K for interpretive signage, playground equipment, and landscaping; 2021: $63.2K for Stephens Park safety improvements; transfer $30 from park capital maint Ford Park Master Plan150,000 (44,201) 105,799 95,000 200,799 200,799 200,799 2022: Moving forward with master plan update - $95K increase due to higher costs; Council approved contract with WRT 6/22. Reduce $47K moved up in 2021 budget from 2022; re-appropriate 2.3K; Master Plan Revisions/Updates to address several proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion, conversion of fields to turfFord Park- Betty Ford Way Pavers1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 2022: Construction of new concrete unit paver roadway, new steel guardrail, stream walk intersection improvement, and landscaping improvements. This project would be coordinated with BFAGTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 10 218 1st2022 2nd 20223rd20224th20222022Supplemental Amended Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Ford Park Enhancement: Priority 3 Landscape area- 5,946 5,946 5,946 5,946 5,946 2022: $5.9K for landscaping at the Nature Center bridge; 2021: $75K for landscaping around playground ad basketball courtFord Park Playground Improvements- 200,000 200,000 200,000 200,000 200,000 2022: 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)Ford Park Lighting Control System180,000 180,000 180,000 180,000 180,000 2022: Replacement of Ford Park lighting control system (discontinued by the manufacturer). Current system is over 10 yrs. OldSunbird Park Fountain Repairs- 3,430 3,430 3,430 3,430 3,430 2022: Re-appropriate $3.4K for final bills; 2021: $15K Installation of Clear Comfort advanced oxidation commercial pool sanitation system to water safe for kidsVail Transit Center Landscape- 32,81732,817 32,817 32,817 32,817 2022: $32.8K for completion of landscaping at Vail transit centerTurf Grass Reduction150,000 49,862199,862 199,862 199,862 199,862 2022: $150K Continuation of turf reduction at Ellefson park, turf replacement at TM residences and Red Sandstone Underpass; $41K increase in cost over estimate; $8.7K re-appropriation; 2021: $10K Begin turf reduction project at Ellefson parkKindell Park/Mill Creek- 149,862 149,862 149,862 149,862 149,862 2022: Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship parkDonovan Park Improvements35,000 35,000 35,000 35,000 35,000 2022: Relandscaping on Donovan Park parking lot islandsGore Creek Promenade Rehabilitation370,000 370,000 370,000 370,000 370,000 2022: Planning, design, and rehabilitation of the Gore Creek Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket ParkTotal Parks4,790,540 473,537 5,264,077 196,814 5,460,891 - 5,460,891 5,000 5,465,891 Rec Paths and TrailsRec. Path Capital Maint159,717 159,717 159,717 159,717 (20,000) 139,717 2021: Re-appropriate $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path system; 2022: Use of $20K of rec path maint for Booth Creek Trailhead restroomBike Safety15,000 15,000 15,000 15,000 15,000 $15K annual cost for bike safety programsBike Path Signage35,000 35,000 35,000 35,000 35,000 2022-2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety and wayfindingPedestrian Bridge Projects400,000 400,000 400,000 400,000 400,000 2022-2027: Systematic rehabilitation or replacement of 5 pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass; Gore Valley Trail Bridge Replacement (ERWSD)40,00040,000 40,000 40,000 40,000 2022: Design and planning for Gore Valley Trail Bridge replacement (ERWSD)Gore Valley Trail Fence Replacement at Dowd Junction- 50,00050,000 50,000 50,000 50,000 2022: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence projectEast Vail Interchange Improvements- 209,443 209,443 209,443 209,443 209,443 2022: Re-appropriate $253K to continue East Vail interchange projectDowd Junction repairs and improvements- 799,155 799,155 799,155 799,155 799,155 2022: Continue Re-stabilization of Dowd Junction retaining wall ($799.2K); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement from ERWSDBooth Lake Trailhead Parking Restroom375,000 63,950438,950 438,950 438,950 20,000 458,950 2022: Installation of permanent restroom at Booth Lake trailhead for hikers; $20K from Rec path maintTotal Rec Paths and Trails984,717 1,162,548 2,147,265 - 2,147,265 2,147,265 -2,147,265 Recreational FacilitiesNature Center Operations106,187 106,187 106,187 106,187 106,187 Nature Center operating costs(Contract with Walking Mountains)Nature Center Capital Maintenance38,690 55,16593,855 93,855 93,855 93,855 2022: Re-appropriate $55K placeholder for nature center maint and repairs; Wood siding and trim repairs ($11.4K), open rail fencing replacement ($13.4K)Nature Center Redevelopment- 383,522 383,522 383,522 383,522 383,522 2022: $383.5K for further planning and design for a nature center remodelLibrary Landscape and reading area100,000 100,000 100,000 100,000 100,000 2022: Exterior landscaping and site work enhancements for an outdoor reading areaTotal Recreational Facilities244,877 438,687 683,564 - 683,564 - 683,564 -683,564 EnvironmentalEnvironmental Sustainability 651,505 651,505 42,966 694,471 694,471 10,915 705,386 Annual operating expenditures for Environmental department (4.25 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.; $12k Sustainability intern, $10K Waste Education Intern paid for with bag fees; $20.9K transfer from GF for salary/benefits; $10.9K of additional funds for Clean-up DayRecycling and Waste Reduction Programs 240,000 20,320260,320 15,000 275,320 275,320 275,320 2022: Use $15K bag fee collections for waste intern, reusable bags and market compost program. Re-appropriate $20.3K for pilot compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus Recycling Challenge ($13K), C&D Pilot ($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost Program Phase 2 ($45K), Farmers Market Zero Hero ($42K); Recycling Education ($17.5K); 2021: Green Team ($2.5K), Eagle County Recycling Hauls ($25K), Zero Hero ($25K), Actively Green ($40K); Recycling Education ($30K); Ecosystem Health321,500 321,500 216,700 538,200 538,200 16,593 554,793 2022: $175K placeholder for Dowd Junction wildlife crossing (parnership with CDOT); $14.7K for CO Communities for Climate Action retreat and $27K for partnership with Zinc Media for Sustainable Travel; Add $17.0K for Front ranger program; 2021: 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); 2022: CC4A ($3K), Biodiversity Study ($150K), Strategic Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife Habitat Improvements ($102.5K)11219 1st2022 2nd 20223rd20224th20222022Supplemental Amended Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Energy & Transportation55,000 34,04989,049 89,049 89,049 4,166 93,215 2022: $25K for Solar feasibility study; $8K EV planning and analysis; Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($7.5K); 2021: Continue E-Bike pilot program ($25K), Energy Smart Partnership ($40K), Sole Power ($7.5K); $4.2K use of donations for Sole Power prizes; 2021: 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)E-Bike Programs193,000 193,000 193,000 193,000 193,000 Town of Vail E-bike share program ($175K); E-Bike Ownership Model Program ($18K)Streamtract Education/Mitigation50,000 50,000 50,000 50,000 50,000 2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature Challenge and storm drain art; 2021 also includes $20K re-appropriation for additional educationWater Quality Infrastructure300,000 1,716,541 2,016,541 2,016,541 2,016,541 2,016,541 2022: Re-appropriate for water quality infrastructure; $300K for snow dump cleanout and West Vail drainage grate replacement; 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 Mitigation100,000 25,000125,000 125,000 125,000 125,000 2021-2024 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2020 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above.Private Streambank Mitigation Program150,000 150,000 150,000 150,000 150,000 Private streambank mitigation program funding placeholderEast Vail Water Quality TAPS- - 2019: Completion of East Vail Water Quality ImprovementsBooth Heights Open Space- - - 12,000,000 12,000,000 12,000,000 Offer to Vail Resorts for the purchase of the Booth Heights ParcelGore Creek Interpretive Signage175,000 50,000225,000 225,000 225,000 225,000 2022: $225K for watershed map and installation at the Gore Creek Promenade; 2021: Re-appropriate $150.8K for Gore Creek Interpretive signage projectWelcome Center Educational Displays150,000 50,000200,000 200,000 200,000 (200,000) - DSP educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMD; Transfer this project to the CPFPW Solar Project- - - - 104,040 104,040 2022: $104.0K re-appropriation from 2021 for final solar payments; 2021: Installation of solar panels at Public Works Shops deferred from 2020; Ford Park Amphitheater Solar Panels100,000 100,000 100,000 100,000 100,000 2022: 50/50 cost share with the VVF for roof solar panelsTotal Environmental2,486,005 1,895,910 4,381,915 274,666 4,656,581 12,000,000 16,656,581 (64,286) 16,592,295 ArtPublic Art - Operating136,586 136,586 2,694 139,280 139,280 139,280 $2.7K Transfer from GF for salary/benefits; Art in Public Places programming and operationsPublic Art - General program / art60,000 368,960 428,960 428,960 428,960 428,960 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds; $618K Re-appropriation less $250K AIPP fund used towards Ford Park Art StudioPublic Art - Winterfest30,000 34,74664,746 64,746 64,746 64,746 2022: $64.7K for annual Winterfest programmingSeibert Memorial Statue- 12,69212,692 12,692 12,692 12,692 2022: $12.7K for Pete Seibert Memorial statue maintenanceArt Space850,000 32,259882,259 882,259 882,259 882,259 2022: Design phase for Ford Park art space- see corresponding donation from East West above; 2022: $850K Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP funds Total Art1,076,586 448,657 1,525,243 2,694 1,527,937 - 1,527,937 -1,527,937 CommunityCouncil Contribution: Betty Ford Alpine Garden Support74,649 74,649 74,649 74,649 74,649 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseCouncil Contribution: Eagle River Watershed Support42,000 42,000 42,000 42,000 42,000 Annual support of the Eagle River Watershed Council programs Council Contribution: Adopt A Trail17,500 17,500 17,500 17,500 17,500 Adopt A Trail Council Contribution for trails in or bordering the TownCouncil Contribution: Eagle Valley Land Trust5,000 5,000 5,000 5,000 5,000 Eagle Valley Land Trust Council ContributionTotal Contributions139,149 -139,149 - 139,149 - 139,149 -139,149 VRD-Managed Facilities & MaintenanceRecreation Enhancement Account171,700 711,665 883,365 883,365 883,365 883,365 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)Recreation Facility Maintenance- 22,00022,000 22,000 22,000 22,000 2022: Annual $22K for general RETT facility maintenance; $11.2K Synexis MaintGolf Clubhouse- 9,496 9,496 70,000 79,496 79,496 79,496 2022: Exterior paint & stain ($24K), Sewage and roof forensic study ($8K), placeholder for repairs and maint as result of the study ($47.5K)Athletic Field Restroom/Storage Building1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 2022: Placeholder for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage buildingGolf Course - Other 41,273 328,478 369,751 369,751 369,751 216,000 585,751 2022: $216K for golf course greens project; VRD shared cost for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K); 2021: $216K for golf course green project; Re-appropriate $590K for golf course maintenance scheduled in 2020 but not completed; course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), maint. building furnace ($9.8M)Dobson Ice Arena30,514 584,242 614,756 614,756 614,756 614,756 2022: Rockwall Repairs ($12.8M), concrete walkways ($17.7K); 2021: Re-appropriate $110.7K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), 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 ($80.0K)Ford Park / Tennis Center Improvements37,934 137,576 175,510 175,510 175,510 175,510 2022: Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023 ($13.3K); Exterior Doors- previously budgeted in 2023 ($4.6K); 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 123,510 115,716 239,226 239,226 239,226 239,226 2022: Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K); '2021: Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K) Gymnastics Center47,550 235,239 282,789 282,789 282,789 282,789 2022: Restroom remodel ($42.6K); 2021: Cooling system12 220 1st2022 2nd 20223rd20224th20222022Supplemental Amended Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Total VRD-Managed Facilities & Maintenance1,452,481 2,144,412 3,596,893 70,000 3,666,893 - 3,666,893 216,000 3,882,893 Total Expenditures12,180,749 6,862,751 19,043,500 743,246 19,786,746 12,000,000 31,786,746 317,085 32,103,831 Other Financing Sources (Uses)Transfer from General Fund- - 109,546 109,546 - 109,546 109,546 Transfer from GF for RETT department salary and benefits Revenue Over (Under) Expenditures(4,245,389) (6,470,318) (10,715,707) (568,700) (11,284,407) (12,000,000) (23,284,407) 1,853,410 (21,430,997) Beginning Fund Balance17,380,34028,077,54028,077,54028,077,54028,077,540Ending Fund Balance13,134,952$ 17,361,833$ 16,793,133$ 4,793,133$ 6,646,543$ 13 221 20221st20222nd20224th2022Budget Supplemental Amended Supplemental Amended Supplemental AmendedRevenueHousing Sales Tax-$ 4,075,000$ 4,075,000$ 425,000$ 4,500,000$ 313,000$ 4,813,000$ Housing Fee in Lieu Annual Collections- -- 46,000 46,000 Transfer in from Capital Projects Fund2,500,000 1,420,000 3,920,000 (1,420,000) 2,500,000 2,500,000 Workforce Housing Sales - - 1,270,000 1,270,000 1,270,000 Total Revenue2,500,000 5,495,000 7,995,000 275,000 8,270,000 359,000 8,629,000 ExpendituresHousing Programs InDeed Program2,500,000 694,334 3,194,334 3,194,334 3,194,334 Buy Down Housing- 25,609 25,609 25,609 46,000 71,609 Future Purchases- 100,000 100,000 4,500,000 4,600,000 (845,000) 3,755,000 Pitkin Creek 12-L unit- - 976,288 976,288 976,288 Chamonix unit B- - 634,940 634,940 634,940 TOV Employee Housing Pitkin Creek 5-P unit- 535,000 535,000 (535,000) - - Buffehr Creek Condo #4 (Meadow)- 830,000 830,000 (830,000) - - East Vail Lodging Unit #16- 565,000 565,000 (565,000) - - Employee Housing Capital Maintiance- 25,000 25,000 (25,000) - - Construction Housing Projects Residences at Main Vail Opportunity Fee- 2,000,000 2,000,000 2,000,000 2,000,000 Timber Ridge Redevelopment- - - 195,000 195,000 Land Purchases for future Housing East Vail CDOT Parcel - 2,000,000 2,000,000 2,000,000 650,000 2,650,000 Total Expenditures2,500,000 6,774,943 9,274,943 4,156,228 13,431,171 46,000 13,477,171 Operating Income- (1,279,943) (1,279,943) (3,881,228) (5,161,171) 313,000 (4,848,171) Beginning Fund Balance (Transfer from CPF)- 5,352,702 5,352,702 5,352,702 Ending Fund Balance-$ (1,279,943)$ 4,072,759$ (3,881,228)$ 191,531$ 313,000$ 504,531$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEHOUSING FUND14222 2022 1st 2022 2nd 2022 4th 2022 Budget Supplemental Amended Supplemental Amended Supplemental Amended Revenue Investment Earnings -$ -$ -$ -$ Total Revenue - - - - - Expenses Professional Fees - - - 3,000 3,000 Capital Outlay - 28,116,258 28,116,258 (653,057) 27,463,201 27,463,201 Total Expenditures - 28,116,258 28,116,258 (653,057) 27,463,201 3,000 27,466,201 Revenue Over Expenses - (28,116,258) (28,116,258) 653,057 (27,463,201) (3,000) (27,466,201) Other Financing Sources (Uses) Principal Repayment (315,000) (315,000) (315,000) (315,000) Interest Expense (905,578) (905,578) (905,578) (905,578) Transfer from Capital Projects Fund - 6,144,204 6,144,204 6,144,204 3,000 6,147,204 Total Other Financing Sources (Uses)(1,220,578) 6,144,204 4,923,626 - 4,923,626 3,000 4,926,626 Change in Net Position (1,220,578) (21,972,054) (23,192,632) 653,057 (22,539,575) - (22,539,575) Net Position- Beginning 21,560,619 22,539,575 22,539,575 22,539,575 Net Position- Ending 20,340,041$ (653,057)$ -$ -$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE RESIDENCES AT MAIN VAIL 15 223 2022 1st 2022 2nd 2022 4th 2022 Budget Supplemental Amended Supplemental Amended Supplemental Amended Revenue Town of Vail Interagency Charge 3,897,518$ 3,897,518$ 3,897,518$ 3,897,518$ Insurance Reimbursements & Other 10,000 10,000 10,000 53,611 63,611 Earnings on Investments 2,000 2,000 2,000 2,000 Equipment Sales and Trade-ins 126,890 126,890 126,890 126,890 Total Revenue 4,036,408 4,036,408 4,036,408 53,611 4,090,019 Expenditures Salaries & Benefits 1,224,934 1,224,934 48,394 1,273,328 1,273,328 Operating, Maintenance & Contracts 1,850,198 45,900 1,896,098 191,000 2,087,098 2,087,098 Capital Outlay 1,055,000 490,796 1,545,796 1,545,796 306,405 1,852,201 Total Expenditures 4,130,132 536,696 4,666,828 239,394 4,906,222 306,405 5,212,627 Revenue Over (Under) Expenditures (93,724) (536,696) (630,420) (239,394) (869,814) (252,794) (1,122,608) Transfer In from General Fund - - 48,394 48,394 48,394 Beginning Fund Balance 2,118,869 2,499,233 2,499,233 2,499,233 Ending Fund Balance 2,025,145$ 1,868,813$ 1,677,813$ 1,425,019$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 16 224 Ordinance No. 24, Series of 2022 ORDINANCE NO.24 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, RESIDENCES AT MAIN VAIL FUND, HEAVY EQUIPMENT FUND OF THE 2022 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 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 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 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $854,681 Capital Projects Fund 2,873,687 Real Estate Transfer Tax Fund 317,085 Housing Fund 46,000 Residences at Main Vail Fund 3,000 Heavy Equipment Fund 306,405 Total $ 4,400,858 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or 225 Ordinance No. 24, Series of 2022 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 6th day of December 2022, and a public hearing shall be held on this Ordinance on the 20th day of December 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk 226 AGENDA ITEM NO. 8.1 Item Cover Page DATE:December 6, 2022 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 20, Series of 2022, Second Reading, An Ordinance Amending Sections 7-12-2, 7-15-6, and 7-12-7 of the Vail Town Code Regarding Pedestrian Mall Areas in the Town SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 20, Series of 2022 upon second reading. PRESENTER(S):Commander Ryan Kenney, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Loading_Dock_Amendment-O103122.pdf 227 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX ORDINANCE NO. 20 SERIES 2022 AN ORDINANCE AMENDING SECTIONS 7-12-2, 7-12-6, AND 7-12-7 OF THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, on August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in the Town; WHEREAS, that ordinance, in part, established a detailed fee calculation for the assessment of loading dock fees; WHEREAS, to promote efficiency and consistency, the Town wishes to remove the detailed fee calculation from the Vail Town Code and instead place such information in the Town's fee schedule; and WHEREAS, the Town Council also wishes to modify the definitions and correct an erroneous reference to the Colorado Municipal Court Rules of Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-12-2 of the Vail Town Code is hereby amended to add the following definition, to appear in alphabetical order: FREIGHT TRUCK: A truck with a gross vehicle weight rating greater than 33,000 lbs. used for the commercial delivery of goods. Section 2. Section 7-12-3 of the Vail Town Code is hereby amended as follows: 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1. A Town-approved contractor; 2. A high-volume commercial carrier not using a freight truck for such transportation or delivery; or 3. Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. 228 2 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX Section 3. Section 7-12-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-12-6: LOADING DOCK PERMIT FEE: The permit fee shall be set forth in the fee schedule adopted by resolution of the Town Council. Section 4. Section 7-12-7(D) of the Vail Town Code is hereby amended as follows: 7-12-7: VIOLATION; PENALTY: * * * D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of November, 2022 and a public hearing for second reading of this Ordinance set for the 6th day of December, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 229 3 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of December, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 230 AGENDA ITEM NO. 8.2 Item Cover Page DATE:December 6, 2022 TIME:5 min. SUBMITTED BY:Carlie Smith, Finance ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 21, Series of 2022, Second Reading, An Ordinance Providing for the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2022 Tax Year and Payable in the 2023 Fiscal Year. SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 21, Series of 2022 upon second reading. PRESENTER(S):Carlie Smith, Finance Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 120622_2023_Mill_Levy_2nd.pdf 231 TO: Vail Town Council FROM: Finance Department DATE: December 6, 2022 SUBJECT: Mill Levy Ordinance I.SUMMARY Authorization for the collection of property taxes in 2023. II.DISCUSSION At the last Council meeting on November 15th, you were asked to approve the first reading of this ordinance. Since then we have received the updated valuations from Eagle County and the second reading of this mill levy ordinance has been revised accordingly. Staff requests that Council approve this ordinance upon second reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2023 based upon 2022 assessed valuations of property within the town’s boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mill levy by December 15 of each year. The certification has been submitted to the County. The attached ordinance has been updated to reflect revised assessed valuations from the county. The valuations decreased by 0.06% from earlier estimates, or approximately a $7,252 impact on the previous valuation. The property tax authorized by the attached ordinance will generate $5,713,062 in revenue in 2023, representing approximately 6.5% of the town’s total revenue. 232 Ordinance 22, Series of 2022 ORDINANCE NO. 22 SERIES OF 2022 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2022 TAX YEAR AND PAYABLE IN THE 2023 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2022 year and payable in the 2023 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2023 fiscal year, the Town Council hereby levies a property tax of 4.808 mills upon each dollar of the total assessed valuation of $1,188,240,870 for the 2022 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,7013,062 calculated as follows: Base mill levy 4.798 $5,701,180 Abatement levy .010 _ 11,882 Total mill levy 4.808 $5,713,062 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 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, 233 Ordinance 22, Series of 2022 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 ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2022. A public hearing shall be held hereon at 6 P.M. on the 6th day of December, 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of December 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk 234 AGENDA ITEM NO. 8.3 Item Cover Page DATE:December 6, 2022 TIME:15 min. SUBMITTED BY:Carlie Smith, Finance ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 22, Series of 2022, Second Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado for Its Fiscal Year January 1, 2023 through December 31, 2023. SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 22, Series of 2022 upon second reading. PRESENTER(S):Carlie Smith, Finance Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2023 Budget 2nd ReadingPP.pdf 2023 TM Budget 2nd Reading.pdf 235 2023 TOWN MANAGER BUDGETFINANCE | December 6, 2022236 2023 PROPOSED BUDGET | SummaryTown of Vail   |   Finance   |   12/06/20222023 Budget SummaryTotal Revenues: $89.7M•Down 7.4% from 2022 Amended Budget•Conservative Revenue Projections anticipating a slowing economic environment•Sales Tax Collections total $34.0M; down 15% from the 2022 Amended BudgetTotal Expenditures: $95.6M•$29.1M Capital Spending•$64.2M Municipal Services (including events/contributions)•$2.4M Debt Service•During the Budget process departments prepared 10% reduction plans if needed237 32023 PROPOSED BUDGET | Recession PlanTown of Vail   |   Finance   |   12/06/2022Great Recession of 2008Revenues•13.8% reduction in sales tax in 2009•4.5% growth in 2010•10.8% growth in 2011; back to pre‐recession sales tax revenues•72.3% reduction in RETT collections ($6.5M) after a record 2008•2010 was back to slightly average collections ($7.0M)Strategy•Increase marketing spend to draw visitors in winter months ($550K)•Maintain a high level of services within budget restraints•Budget reductions totaling $2.0M•Managed vacant positionsReserves•No use of reserves during the Great Recession•Added $420.5K to GF reserves238 42023 PROPOSED BUDGET | Recession PlanTown of Vail   |   Finance   |   12/06/2022StageRevenue Impact Expenditure ReductionsMinor1‐5% Maintain service levels while making minor cuts to operating expenditures.  Utilize reserves where necessary. Moderate5‐10%Maintain service levels while making larger cuts to operating expenditures.  Reduce annual merit increases for employees. Defer capital projects unless already in process. Utilize reserves where necessary. Significant10‐15%Limited service reductions (“unseen” services to be reduced first), manage staffing vacancies and deferring capital projects.  Utilize reserves where necessary. Potential merit deferral / freeze in wages. Major15‐20%Service reductions, merit deferral / freeze in wages, potential reduction in staff and deferring capital projects.  Utilize reserves. CrisisOver 20%Significant reductions in service levels, reduction in staff, merit deferral / freeze in wages and deferring capital projects.  Utilize reserves. CriticalOver 40%Severe reductions in service levels, reduction in staff, merit deferral / freeze in wages and deferring capital projects.  Utilize reserves. 239 52023 PROPOSED BUDGET | Recession PlanTown of Vail   |   Finance   |   12/06/2022What could trigger the Recession Plan?•Significant revenue reductions are forecasted in near‐term•Pandemic•Natural Disasters (fire, flood, ect)•Stock Market crash•Global or national economic indicatorsOn an ongoing basis, staff with continue to monitor overall economic activity such as interest rates, the labor market, the stock market, travel, and consumer confidence. If needed the Recession Plan could be implemented quickly!During the 2023 Budget process departments were asked to create a 10% reduction recession plan budget240 6BUDGET | Overview of ChangesTown of Vail   |   Finance   |   12/06/2022Since November 15th meeting, changes to 2023 budget include:Revenues:General Fund:•Adjusted Parking Revenues up to $7.8M ($235K increase); flat with prior year•Adjustment reflects an increase in pricing offset by normalization in visitation•$48,000 state DUI enforcement grant offset by allocations of the funds to other Eagle County agencies241 7BUDGET | Overview of ChangesTown of Vail   |   Finance   |   12/06/2022ExpendituresGeneral Fund•$300K increase to placeholder for Phase I of the premium pay compensation philosophy (Total $1.5M)•Projected impact‐65 percentile within ranges•Critical Need: Bus Drivers/HEO implementation in Dec 2022•Late January rollout for the remainder of the organization•Phase II in 2024 ($1.2M‐$1.5M)•Sprout Social listening tool ‐$11K•Monitoring and response to community issues•Sales Tax Audit back to pre‐COVID levels‐$10K•$48,000 state DUI enforcement grant offset by allocations of the funds to other Eagle County agencies242 2023 PROPOSED BUDGET | Capital PlanTown of Vail   |   Finance   |   12/06/2022•Small market of qualified contractors meeting bonding and insurance requirements•Contractors book up quickly•Recently construction projects have received only one bid or even zero•Construction season is limited to 7 months maximum•Material procurement time is lengthyPreferred Construction Procurement Process begins with bidding in January/February243 2023 PROPOSED BUDGET | Capital PlanTown of Vail   |   Finance   |   12/06/2022Capital Project Description Cost Phased? ConsiderationsRoundabout LightingUpdated lighting at the West Vail and Vail Town Center roundabouts and would incorporate smart transportation equipment such as traffic cameras$3.0M Y (over two years)•Project is construction ready•May‐September Timeline•Main Vail North is most critical for safety ($1.0M)Underground Holy Cross ElectricUnderground HCE from Main Vail to East Vail in conjunction with fiber conduit$2.5M N•HCE would like the town’s commitment prior to material procurement•$1.0M Funded by HCE advancement of Franchise Fees244 2023 PROPOSED BUDGET | Capital PlanTown of Vail   |   Finance   |   12/06/2022Capital Project Description Cost Phased? ConsiderationsLionsheadStreetscape Snowmelt InfrastructureReplacement of 18 yr. old snowmelt streetscape infrastructure (piping) in Lionshead$3.0M Y (over 2 years)•Could be phased longer•Prefer to award by February•Timeframe limited to April‐mid June•Funded by VRA•VV portion could coincide with bollard projectBollard InstallationInstallation of retractable and standard bollards throughout the Vail & LionsheadVillages and Ford Park$1.95M Y (over 3 years)•Currently have RFP for design services•Prefer to award in January •Phase I Construction Sept‐Oct 2023•Phase II construction April‐June 2024•Phase III Construction Sept‐Oct 2024•$250K grant awarded245 2023 PROPOSED BUDGET | Capital PlanTown of Vail   |   Finance   |   12/06/2022Capital Project Description Cost Phased? ConsiderationsNeighborhood Bridge Projects (A)East Vail Guardrail, railing, concrete repair (3)$1.4M N•Not limited to time constraints•To complete in 2023 award by May 1st•Can continue to be deferred/or phasedNeighborhood Bridge Projects (B)Scour Repair (2)•Critical for bridge integrity•Requires stream work constraining the construction windowBus Stops 10 new bus shelters$600K Y (over 3 years)•For 2022 completion award by May•No construction time limits246 2023 PROPOSED BUDGET | RevenueTown of Vail   |   Finance   |   12/06/2022The Following Slides are Repeated from the First Reading247 132023 PROPOSED BUDGET | OverviewTown of Vail   |   Finance   |   12/06/2022Total Revenues – All Funds:  $89.7 millionDown 7.4% from 2022 and up 2.6% from 2021 ActualsGeneral Sales Tax38%Housing Sales Tax5%Property and Ownership Tax7%Use Tax2%Ski Lift Tax and Franchise Fees10%Real Estate Transfer Tax8%Licenses and Permits3%Intergovernmental Revenue5%Transportation Centers8%Charges for Services2%Rent, Fines & Miscellaneous7%Transfer from VRA 3%Transfer from VLMD2%248 142023 PROPOSED BUDGET | OverviewTown of Vail   |   Finance   |   12/06/2022Revenues 2023% Increase/ DecreaseGeneral Sales Tax 34.0M‐15%Housing Sales Tax 4.1M‐8%Lift Tax 5.9M‐6%Property Tax 5.7M FlatParking Revenues 7.8M FlatReal Estate Transfer Tax 7.0M‐48%74% of Total Revenues•Conservative Revenue Projections•Visitation Slowing/Normalizing•Can ADR remain at current levels?•Real Estate Activity Slowing•Overall uncertainty in the economy249 15BUDGET | ExpednituresTown of Vail   |   Finance   |   12/06/2022Total Expenditures – All Funds:  $95.6MExpenditures Cost% from 2021 AmendedCapital Spending $29.1M‐74.6%Debt Service $2.4MFlatMunicipal Services $34.2M+4.9Total $95.6M‐46.4%Municipal Services67.0%Capital Improvements30.5%Debt Service2.5%250 16BUDGET | Fund StatementsTown of Vail   |   Finance   |   12/06/2022General Operating and Capital FundsGeneral Fund Marketing FundCapital Projects FundRETT FundHousing FundRevenue $ 51.5M $3.0M $19.4M $7.6M $7.8MExpense (54.5)M ($3.1)M (24.8)M (8.1)M ($3.5)MDebt Payment (1.1)MIncrease/(Decrease) to fund balance( 2.0)M (81.1)K (6.5)M (494)K4.3MEnding Fund Balance$ 46.5M $326.2K $10.3M $4.3M $9.6MMin. Reserve 35% of Annual Revenues91%High‐level view of the town’s 2023 proposed budget by fund:251 17BUDGET | Fund StatementsTown of Vail   |   Finance   |   12/06/2022Enterprise FundsDispatch Services FundTimber Ridge FundResidences @ Main VailRevenue $3.2M $1.9M $1.6MExpenditure (3.3)M (515.6)K (362.3K)Debt Payment(463.0)K* (1.2)MIncrease/(Decrease) to fund balance(78.8K)902.1K 21.1KEnding Fund Balance $1.5M $3.0M $21.1K* Debt Payment to Capital Projects Fund252 18BUDGET | Fund StatementsTown of Vail   |   Finance   |   12/06/2022Internal Services FundsTOTALHeavy Equip. FundHealth Insurance FundTotal (All Funds)**Revenue $4.5M $5.8M$89.4MExpenditure (4.8)M (6.5)M(93.0)MDebt Payment(2.4)MIncrease/(Decrease) to fund balance(258.3)K (727.6)K(6.0)MEnding Fund Balance $1.4M $3.1M$79.5M**Includes Eliminations of Interfund Transfers253 2023 PROPOSED BUDGET | Expenditures: PersonnelTown of Vail   |   Finance   |   12/06/2022254 202023 PROPOSED BUDGET | PersonnelTown of Vail   |   Finance   |   12/06/2022Personnel Expenditures: $41.2MCompensation Total $30.8MGeneral Fund $25.8MReal Estate Transfer Tax Fund $2.1MDispatch Services $1.9MHeavy Equipment Fund $969KBenefits Total $10.4MGeneral Fund $8.6MReal Estate Transfer Tax Fund $701KDispatch Services $689KHeavy Equipment Fund $376K•1 –5% merit‐based performance•Premium pay performance compensation philosophy placeholder ($1.5M)‐Phase I•65 percentile •Critical Need: Bus Drivers/HEO implementation in Dec 2022•Late January rollout for the remainder of the organization•Phase II in 2024 ($1.2‐$1.5M) to get to 75th percentile255 TM BUDGET DRAFT | Expenditures: Contributions & EventsTown of Vail   |   Finance   |   12/06/2022256 222023 PROPOSED BUDGET | Contributions & EventsTown of Vail   |   Finance   |   12/06/2022Events, $3.1MCSE Survey, $54KServices (Council Contributions), $520KChildcare, $250K•$100K contribution to support ECO Trails (Minturn Spur)•The $1.0M Vail Religious Foundation request will be revaluated after Q1•2022 Budget includes $500KCONTRIBUTIONS AND EVENTS ($3.9M)257 TM BUDGET DRAFT | Expenditures: Capital PlanTown of Vail   |   Finance   |   12/06/2022258 2023 PROPOSED BUDGET | Capital PlanTown of Vail   |   Finance   |   12/06/2022Capital Expenditures: $29.1MSignificant Capital Projects Planned in 2023 include:•$1.4M: Neighborhood Bridge Repairs•$1.75M: Roundabout Lighting Project ($1.75M in 2022; $1.25M in 2023)•$1.5M: Streetscape Snowmelt Infrastructure (underground pipeline infrastructure)•$2.5M: Underground HCE from Main Vail to East Vail (Funded by Franchise Fees)•$2.5M InDeed•$2.5M Placeholder for Employee Rental Unit purchases•$1.0M Placeholder for Civic Area Plan Outcomes46.6% of Total Capital Costs259 25TM DRAFT BUDGET | Expenditures: DebtTown of Vail   |   Finance   |   12/06/2022260 2023 PROPOSED BUDGET | DebtTown of Vail   |   Finance   |   12/06/2022Debt Service Payments:  $2.4M2023 Debt Service PaymentsPW Shops: $1.2MResidences at Main Vail: $1.2MPW Shops Lease Purchase (1.75%), 18,496,000 Residences at Main Vail Bonds (2.76%), 21,945,000 OutstandingDebt at 12/31/2022: $40.4M261 TM BUDGET DRAFT | ReservesTown of Vail   |   Finance   |   12/31/2022Reserves projected to decrease by $51.2M or 37.8% during 2022 Available Reserves at the end of 2023: $79.4M ‐ 20 40 60 80 100 120 140 160MillionsTOV Reserves5 Year History & 5 Year ProjectionHousing FundAll OtherRETT FundCapital Projects FundGeneral FundReserve Min$138.0K$85.8K$79.4K262 TM BUDGET DRAFT | Recap• Are there changes to be made prior to adopting the 2023 budget ordinance?Town of Vail   |   Finance   |   12/06/2022263 2023 PROPOSED 2nd Reading December 6, 2022 264 TOWN OF VAIL PROPOSED 2023 BUDGET TABLE OF CONTENTS COVER MEMO 1 REVENUE  Major Revenue Analysis 12 EXPENDITURES General Fund 14 Personnel   Ten-Year Summary of Budgeted Positions by Department 16 Employee Benefits Summary 18 Contributions  Contributions Summary 19  Contributions Notes 20 CAPITAL PLAN  Capital Projects Fund 26  Real Estate Transfer Tax Fund 31  Housing Fund 36  Unfunded 37  Project Narratives/Memos 38 . OTHER FUNDS  Marketing Fund 52  Heavy Equipment Fund 53  Health Insurance Fund 53  Dispatch Services Fund 54 − Timber Ridge Housing Fund 55 This table of contents is "Clickable". Click on headings below to be directed to the page. Residences at Main Vail Fund −56 ORDINANCE NO. 22, SERIES 2022 57 265 TO: Vail Town Council FROM: Finance Department DATE: December 6, 2022 SUBJECT: Proposed 2023 Town Manager’s Budget I.SUMMARY Second reading of Ordinance No. 22, Series 2022, a second reading of the proposed 2023 Town Manager’s Budget II.DISCUSSION On November 15th, staff presented the 1st reading of the 2023 Budget for Council’s review. Any changes or additional information resulting from that meeting is included below: General Fund •Since the first reading of the budget staff has increased the projected parking revenues by $234,810. Total 2023 parking revenues are projected at $7.8M, flat with the 2022 amended budget. This projection reflects the increase in the daily parking rates offset by a possible normalization in visitation. •A $48,000 state DUI enforcement grant has been reflected which will be offset by the allocation of these funds to other Eagle County agencies for DUI enforcement work. •After getting back the preliminary results of the compensation study, staff is requesting to increase the placeholder to implement phase I of the premium pay compensation philosophy by $300,000. The 2023 budget includes a total of $1.5M. •Staff is requesting $11,000 of contract services for a media listening tool. This service will assist the town in its monitoring of and response to community issues, and help automate what is currently a manual process. •$10,000 is being requested to increase funds used for sales tax audits back to pre-COVID levels. THE FOLLOWING INFORMATION IS REPEATED FROM THE NOVEMBER 1st COUNCIL PACKET BUT REFLECTS UPDATES TO TOTALS AS A RESULT OF THE CHANGES ABOVE. Prior to today’s draft, staff held several meetings to gather feedback from Council on preliminary budget assumptions. Budget discussions began in August with a preview meeting that included preliminary revenue and expenditure discussions. More recently staff held a compensation and benefits meeting, a Capital Improvements Plan update, and a General Fund Preview that focused on a high-level review of the General Fund five-year-plan with updated revenue forecasts and reserve projections. 266 Town of Vail Page 2 The following is a high-level summary of other outcomes from feedback received during these budget meetings that were included in the creation of the 2023 budget proposal: •Maintain 35% minimum reserves in the General Fund (approx. $15M) •Conservatively budget 2023 revenues •Evaluate new FTE requests mid-year •Budget philosophy of maintaining the “status quo” •Support for a premium and flexible compensation philosophy •Council discussed a number of capital projects within the Five-Year Capital Improvement Plan, including some newly-identified projects currently unfunded. •Support of a phased approach to larger more significant capital projects After several budget meetings with each department, a draft of the proposed 2023 budget is presented to Council with conservative revenue projections, a balanced operating budget, and funding for priorities within the Council’s focus areas. Please note that the use of General Fund reserves is required to fund one-time planning projects, contributions, and annual special events. BUDGET OVERVIEW The Town of Vail 2023 budget proposal presented in this document reflects the town’s vision to be the premier international mountain resort community in a fiscally responsible manner. Each year the Town Manager and staff prepare an annual budget that serves as a funding plan as determined by Town Council. Priorities that guided the 2023 budget tie directly to common themes found in both the Council Action Plan and Community Survey results. The major themes include ensuring citizens are afforded the opportunity to live and thrive in our community, providing a world class guest experience, balancing our economic, environmental, and social needs to deliver a sustainable community as well as growing a vibrant and diverse economy. 267 Town of Vail Page 3 Over 2020 and 2021, the town experienced banner revenue collections across the town’s major revenues due to pent-up travel demands combined with rising inflation. Looking forward to 2023 the economic outlook has been uncertain with concerns of a looming recession. With that in mind, staff has forecasted revenues conservatively and is recommending a budget philosophy of maintaining the “status quo” for now. This will also allow for the town’s new manager to evaluate and weigh in on new initiatives. Throughout the year staff will continue to monitor revenues and economic activity and will implement the town’s recession plan if needed. Keeping the status quo is also reflected in personnel requests. Staff is recommending to evaluate the 2023 FTE requests mid-year. However, as the premier international mountain resort community, investment in the town’s personnel remains a top priority. Retention and recruitment have continued to be a challenge and have been a focus of department discussions. The 2023 budget seeks to align our brand of a world class resort with personnel and employment philosophies that reflect that brand. Woven throughout this budget are initiatives and programs proposed to support these philosophies. Aside from personnel, many of the new and increased budget requests are a result of cost increases due to inflation, supply chain challenges, and added facilities. New requests also aim to align resources and equipment to accommodate added service levels and improvements to address several topics of importance to both Town Council and the community at large. Listed below are larger expenditures(both capital and operating) included in the 2023 budget that support Council Goals: Community: •$2.5M InDEED Funding •$500K each for the next phase of Timber Ridge and Middle Creek development plans •$250K of support for Vail childcare centers funded with a portion of the proceeds from the tobacco tax •$32K allocation for Cultural Heritage efforts •$43K Vail Heritage compilation and digital retention •$250K for a regional bike share program •$20K towards a grant specialist to focus on Housing funds Experience: •$65K to fund town-wide guest service programs such as PrimaVail scholarships, guest service curriculum, and employee engagement program •$1.3M for the Vail Village loading and delivery program offset by $600K in fees paid by delivery companies •$75K for a “big data” research project using geo-location to learn more about guest patterns •Partnership with Vail Resorts and Vail Valley Partnership to host the National Brotherhood of Skiers Summit ($125K) Economy: •Special event sponsorships ($3.1M) •Global Exchange program and peer resort visits ($80K) •Civic Area Plan/Dobson design and engineering ($1.0M) with an additional $100K in planning funds Sustainability: •The Fire Free Five Rebate Program ($200K) with $25K towards a publication to assist homeowners with the implementation of this plan 268 Town of Vail Page 4 • $150K to begin implementing the Fire Free Five program at five Town of Vail facilities • Destination Stewardship Plan ($200K funded by the VLMD) • $55K for the town’s portion of the USFS regional Front-Ranger Programs • $100K placeholder for wildlife habitat improvement projects The town’s 2023 budget is funded by a projected $89.7 million of net revenue budget across all of the town’s funds. Excluding the Vail Reinvestment Authority transfers and the one-time $1.4M transfer from the Vail Local Marketing District, this is an 7.4% decrease from the 2022 Amended Budget and a 2.6% increase from 2021 actuals. This is also a 12.1% increase from 2019, the last year unaffected by the COVID-19 pandemic. Over 2020 and 2021 the town experienced an increase in visitation. That combined with high average daily rates within the lodging industry, real estate sales, and inflation resulted in record-setting revenue collections. Revenues for 2023, are projected conservatively and reflect a normalization of visitation, ADR, and real estate sales. Based on this, the majority of the town’s main revenue sources reflect a decrease compared to the 2022 amended budget. REVENUE (All Funds) $89.7M General Sales Tax 38% Housing Sales Tax 5% Property and Ownership Tax 7%Use Tax 2% Ski Lift Tax and Franchise Fees 10% Real Estate Transfer Tax 8% Licenses and Permits 3% Intergovernmental Revenue 5% Transportation Centers 9%Charges for Services 2% Rent, Fines & Miscellaneous 7% Transfer from VRA 3% Transfer from VLMD 1% Earnings on Investments 0% 2023 Budgeted Net Revenue: $89.7M 269 Town of Vail Page 5 Sales tax is the town’s main source of funding making up 38% of all revenues. 2023 Sales tax is conservatively proposed at $34.0 million, down 15% from 2022 Amended Budget and up 16% compared to 2019. Other major 2023 revenue sources and projections include the following: Revenue Fund 2019 Actual 2021 Actual 2022 Amended Budget 2023 Proposed Projections General Sales Tax GF/ CPF $29.3M $ 34.5M $39.95M $34.0M Down 15% from 2021 Amended; Up 16% from 2019 Housing Sales Tax HF - - $4.5M $4.1M Down 14% from 2022 Amended RETT RETT $7.2M $ 9.0M $ 7.5M $7.0M Based on 5-year average prior to pandemic Property Tax GF $5.4M $ 5.9M $ 6.1M $6.1M Based on County Valuation Parking GF $6.7M $ 7.1M $7.7M $7.8M Flat with 2022 Amended Lift Tax GF $5.3M $ 5.4M $6.3M $5.9M Down 6% from 2022 Amended; Up 11% from 2019 Construction Use Tax CPF $2.5M $ 3.3M $ 2.8M $2.0M Based on 5-year average prior to pandemic; no large projects were assumed 270 Town of Vail Page 6 Across all funds, 2023 expenditures are proposed at $95.6 million. Expenditures can be grouped into three main categories: municipal services, capital expenditures and debt service. For 2023, $64.2 million or 67.1% represents municipal services while 30.4% or $29.1 million represents capital expenditures. Debt service expenditures total $2.4 million or 2.5% of expenditures. Municipal Services Within the $64.2 million municipal services budget, expenditures can be viewed by either category (personnel, marketing and special events, and other operating) or by the department. EXPENDITURES (All Funds) $95.6M Public Safety makes up 28% of municipal spending, followed by Public Works functions at 21%, Transit and Parking at 14%, Administration/Risk Management at 12%, and Contributions and Events at 6% Please note that the Housing 3% is only department operations and does not include capital investments by the town in the InDEED program or other housing asset investments. Capital Investments are included in the town’s Capital Improvement expenditures. Municipal Services 67.1% Capital Improvements 30.4% Debt Service 2.5% Salaries 48% Benefits 16%Contributions, Marketing, Special Events 6% All Other Operating Expenses 30% Where the Money Goes Municipal Services by Category 271 Town of Vail Page 7 PERSONNEL (All Funds) $41.2M As a service industry, the majority of municipal services expenditures relate to staffing. For 2023, this represents $41.2 million or 64% of the municipal services budget. Compensation Investment in the town’s workforce is a top priority of this budget proposal. As employee turnover rates have increased the need to focus on employee recruitment and retention as well as succession planning for the future has become essential across the entire organization. The town’s employees are a critical part of the town’s infrastructure and provide world-class services to the community and guests. On October 4th, Town Council was given an overview of the 2023 Employee Total Rewards Package comprised of the Compensation & Benefits package, Learning Opportunities, and Employee Experience. During this meeting, Council has continued to support the town’s compensation philosophy to reflect a more premium and flexible pay structure for the premium services the Town of Vail employees provide. The town has budgeted for a 1-5% performance- based merit increase in addition to $1.5M to implement the results of a compensation study currently being finalized. Full implementation of this compensation philosophy is expected to be phased over three years. The 2023 budget also includes the continuation of the vacation reinvestment program ($250K) and wellness benefit ($78K). As a service organization, the majority of Municipal spending is for personnel. Salaries and benefits total $41.0, or 64% of the operating expenditures. Police 11% Public Safety Communications 5% Fire 11% Town Officials 3% Administrative Services & Risk Management 11%Community Development 3% Environmental 3% Housing 3% Library 2% Contributions & Special Events 6% Welcome Center & Economic Development 2% Public Works & Streets 10% Parks & AIPP 4% Transportation & Parking 14% Facilities & Fleet Maintenance 9% Employee Housing EHOP Program 3% Where the Money Goes Municipal Services by Area 272 Town of Vail Page 8 In addition to compensation, staff has included $15K for leadership trainings, $10K for new Great Place to Work initiatives, and $15K for a succession plan development consultant. Headcount The town’s operations are proposed to be supported by 347 full-time equivalent (FTE) positions in 2023. For 2023, there were 6.0 new FTE requests listed in the chart below. Staff is recommending to hold off and evaluate requests mid-year. Department Fund FTE Justification HR Coordinator GF 1.0 Recruiting Coordinator Patrol Officers GF 2.0 Increases in call volume/time, additional training requirements, limit severe staffing shortages Evidence Tech GF 1.0 Increased volume of digital evidence; compliance of evidence documentation, dissemination and purging policies Parking Specialist GF 0.5 Convert Winter Seasonal to Full-Time Full-Time Local Historian/Archivist GF 0.5 Cultural Heritage Committee recommendation for sustained commitment to history/cultural legacy projects Sustainability Coordinator RETT 1.0 Current and future program expansion Total 6.0 DEPARTMENT SPENDING (All Funds) $19.0M Departmental spending (also labeled as “All Other Operating Expenses” in the chart above) is proposed at $19.0M for 2023. The majority of operating expenses are funded by the General Fund ($11.5M). The remaining is funded by the Real Estate Transfer Tax Fund (Environmental Sustainability, Forest Health, Parks, and Public Art), Dispatch Services Fund, and the Heavy Equipment Fund (Fleet). For 2023, departments were asked to maintain the “status quo”. The majority of the cost increases are a result of added services, new facilities, and cost increases as a result of inflation and supply chain shortages. CONTRIBUTIONS AND EVENTS (All Funds) $3.9M The 2023 budget proposes a total of $3.9M million for contributions and special events. This includes Special Event funding of $3.1M and $520K for Council Contributions within the “Service” category (Not-for-profit partners), and $250K the town’s Childcare program. Events A special event sponsorship placeholder of $3.1M is included in the Marketing Fund. This is a 7% increase from the 2022 Amended Budget. The $3.1M placeholder assumes event funding flat with the prior year with the addition of $125K for the Nationals Brotherhood of Skiers and a potential spring concert event. Special events are funded by $345K of business license revenue along with 273 Town of Vail Page 9 $1.5M funded by a transfer from the General Fund and $1.2M one-time contribution from the Vail Local Marketing District. At this level of funding, the General Fund will need to utilize reserves in 2023 as well as the next four years. While special events generate revenues for the town and provide a high-quality guest experience, using General Fund reserves each year is not a sustainable business model. Staff will continue to recommend a ballot question to voters for an increase in special events funding that would alleviate the General Fund annual operations and core services. During 2022, staff worked with a consultant to propose a new special event funding model. The new structure was created to better evaluate special events funding and the value proposition for the town. As part of the changes, all events will now apply for funding through a single process (previously two, CSE and Council Contributions) to ensure that all events are delivering on the goals of the town. Event sponsorship funding is first vetted through the Committee of Special Events, and then through an internal Event Funding committee. Funding recommendations will be presented to Council in November/December. Council Contributions Council Contributions includes funding for programming of various non-profit organizations within the “Services” category, with $520.0K proposed in the 2023 budget as well as “In-Kind” contributions of days at Dobson Ice Arena, waived rental fees at Donovan Pavilion and parking coupons. This category includes organizations such as Betty Ford Alpine Gardens, Ski and Snowboard Museum, High Five Media, Friends of Vail Mountain Rescue, Eagle Air Alliance and both childcare centers. Also included as a “Service” request is $1.0M for the Vail Religious Foundation for construction costs to renovate and update the 52-year-old chapel and a $200K contribution request from ECO trails to fund the next phases of construction of the Eagle Vail Trail. Due to the size of these request, staff defers the funding decision Council. Should Council decide to fund this contribution, funding will come from General Fund reserves. See page 20 for contribution requests and staff recommendations. This budget also includes $250K for early childcare education support using a portion of tobacco tax revenues. This program was implemented in 2022. Town staff researched and worked with the two early childhood education centers in Vail to review the current needs of the facilities and propose program and grant options to Council which resulted in a program focusing on four areas: Workforce Retention ($50K), Vail Community Tuition Assistance/Family Support ($75K), Expansion and Sustainability of ECE programs ($80K), and Capital Needs ($25K). Total funding for the 2023 capital improvements programs is $29.1 million across the Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Heavy Equipment Fund, and Dispatch Services Fund. (Information on the Heavy Equipment Fund and Dispatch Services Fund included on pg. 51 of this memo). During the October 18th work session, staff provided Council with a preliminary five-year capital plan for the Capital Projects Fund, Housing Fund, and Real Estate Transfer Tax Fund. Several significant projects were presented during this meeting. Council was asked to prioritize capital projects and provide feedback on the current plan. No changes have been made to the capital plan since the 1st reading. Staff has included additional information about the timing of the capital projects in the PowerPoint presentation. Staff has attached project narratives for the larger more significant projects being proposed. CAPITAL EXPENDITURES $29.1M 274 Town of Vail Page 10 At the beginning of 2021, Town Council authorized the financing of the Public Works Shops project with a lease-purchase agreement. This project was financed with a $15.2M loan over a 15-year term at an interest rate of 1.76% annually. The 2023 budget includes $1.16M of debt service payments for this project. In October of 2021, the Town issued $22.3M of 30-year Certificates of Participation for the Residences at Main Vail housing project with an interest rate of 2.76%. The 2023 budget includes $1.2M of debt service payments for this project. Due to better-than-expected revenues and grant funding combined with conservative spending and the deferral of capital projects the town was able to build up additional reserves during 2020 and 2021. At the end of 2021 the town had $138.0 in reserves. During 2022, the town is projected to spend reserves down by $51.2M mainly due to large construction projects and asset replacements such as electric bus replacements, a new parking entry system, replacement of a ladder truck, a new restroom and storage facility at the athletic fields, and a placeholder to purchase the Booth Heights parcel. Into 2023, the town is projected to use additional reserves towards large capital projects such as Civic area and Dobson master plan implementation, and updated roundabout lighting but will also use $1.1M of General Fund Reserves towards event funding. By the end of 2023 reserves are projected to be $46.5 million in the General Fund, or 91% of annual revenues. This is well above the 35% minimum required by Town Council as a budgetary policy. Town-wide reserves are projected to be $79.4 million at the end of 2023. Marketing Fund Marketing Fund revenues are generated through the collection of annual business license fees. Budgeted revenue for 2023 of $345,000 is projected flat with the 2022 Amended Budget. The Marketing Fund is also funded by a $2.7M transfer from the General Fund and Vail Local Marketing District in order to maintain the level of spending on Special Events. See page 18 for additional details on event funding. Heavy Equipment Fund This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to the departments based on their use of the vehicles and equipment. The Heavy Equipment Fund (HEF) includes approximately $1,355,000 to purchase replacement vehicles and equipment in 2023. The vehicles are scheduled to be replaced at determined intervals based on age and use. Funding for the HEF consists of internal charges to departments as well as costs recovered through the sale or trade-in of old equipment. Projected fund balance is $1.4 million for the end of 2023. RESERVES $79.4M OTHER FUNDS DEBT SERVICE EXPENDITURES $2.4M 275 Town of Vail Page 11 Health Insurance Fund This is an internal services fund that manages the town’s health insurance plans. Costs are charged back to the town departments and employees through payroll deductions. The town experienced low claims activity in 2020 and into 2022. The 2023 proposed budget is flat with 2022 budget but an increase of 9% from forecast. The fund added $1.1M in reserves since 2019. The 2023 proposed budget anticipates use of reserves in order to stabilize annual cost increases to both departments and employees. Projected fund balance is $3.1 million for the end of 2023. Dispatch Services Fund This is an enterprise fund that manages county-wide 911 emergency services. The 2023 budget proposes to continue the temporary suspension of the 5% annual charge to participating agencies that is allocated to a capital reserve account first suspended in 2021. This annual contribution is approximately $90K each year and results in an overall 8% decrease to the agencies. The Dispatch Services Fund will need to use approximately $78K in reserves to purchase new recording software and hardware ($63.3K) and sixteen new computer workstations ($24.4K) to purchase in 2023. The projected fund balance at the end of the year is $1.5M. Residences at Main Vail Fund The Residences at Main Vail Fund is a new affordable housing project currently in the construction phase. Construction for the 72-unit, one and two-bedroom housing project began in November of 2021 and it is expected to be completed and ready for occupancy by the summer of 2023. This project is estimated to cost $31.0M of which the majority is funded by $22,260,000 of 30-year Certificates of Participation. The net interest rate on these certificates is 2.76% and mature on or after December 1, 2030. The 2023 budget includes a placeholder of $362.3K for operations with an additional $1.2M for debt service payments. This is funded by a placeholder of $773.8K of rental income and an $825K transfer from the Capital Projects Fund. Timber Ridge Enterprise Fund The 10-acre property at Timber Ridge is owned by the town, with the eastern half of the property under a ground lease to Lion’s Ridge Apartment Homes with no lease payment for ten years (2025). Lion’s Ridge has the option to purchase the land for $5.0 million with notification to the town by December 31, 2024 and closing within 90 days. Regarding the western half of the property, the original Timber Ridge Apartments operate with rental of 96 units (36 units under master lease to Vail Resorts). The 2023 proposed operating budget includes $515K in operating expenses. No capital improvements have been proposed in 2023 in anticipation of future redevelopment. During 2021, Timber Ridge paid back the $1.9 million promissory note to the Town of Vail that would have matured in 2032. Timber Ridge remains indebted to the town, with another promissory note ($8.0M original principal amount). At the end of 2023, Timber Ridge will owe principal of $4.3 million remaining on that note. A placeholder of $500K to begin redevelopment is included in the Housing Fund. III. ACTION REQUESTED OF COUNCIL Staff requests Council approve or approve with amendments, Ordinance No. 22, Series 2022 to approve the 2023 Town Manager Budget 276 REVENUE 277 Major Revenue Analysis 2023 Proposed Budget 2017 2018 2019 2020 2021 2022 2022 2023 Actual Actual Actual Actual Actual Budget Amended Proposed Comments General Sales Tax 25,591,483 27,886,113 29,250,698 25,122,191 34,534,683 30,700,000 39,950,000 34,000,000 2023: 15% Decrease from 2022 Forecast; 16% Increase from 2019 -0.7%9.0%4.9%-14.1%18.1%-2%37%-15% Housing Sales Tax - - - - - 4,500,000 4,125,000 0%-8% RETT Tax 6,313,611 7,649,013 7,224,668 10,448,526 13,371,555 7,500,000 8,200,000 7,000,000 2023 based on 5 year average prior to pandemic records -7.7%21.2%-5.5%44.6%85.1%-35%-39%-48% Parking Revenue 4,902,756 6,416,013 6,720,873 4,891,997 7,060,319 6,608,758 7,758,758 7,769,724 2023 up 12% from 2019 Actuals; Down 3% from 2022 Amended -6.3%30.9%4.8%-27.2%5.1%4%17%0% Property & Ownership Tax 4,940,193 5,313,730 5,369,376 5,941,704 6,016,105 6,014,632 6,064,632 6,070,789 2023 Non-Assessment Year; Flat with 2022 0.6%7.6%1.0%10.7%12.0%-1%1%0% Lift Tax Revenue 4,708,765 5,103,480 5,341,369 4,095,812 5,518,980 5,448,196 6,273,196 5,895,506 2023 up 10% from 2019; Down 6% from 2022 Amended -6.4%8.4%4.7%-23.3%3.3%1%14%-6%- Construction Fees 1,628,471 2,958,948 1,998,540 1,855,654 2,716,819 1,980,000 2,080,000 1,918,109 2023: Based on three year average excluding large projects 4.9%81.7%-32.5%-7.1%35.9%-17%-23%-8% Construction Use Tax 1,740,754 3,689,131 2,467,928 2,078,277 3,687,945 2,800,000 2,800,000 2,000,000 2023: Based on three year average excluding large projects 3.1%111.9%-33.1%-15.8%49.4%-19%-24%-29%2018 included $1.9M from Vail Health project Other Taxes 1,803,508 1,982,124 2,089,579 2,432,187 2,500,000 2,523,223 3,090,223 2,720,340 County sales tax (based on TOV sales tax), Road & Bridge, Hwy users revenue, Tobacco tax, etc. -0.5%9.9%5.4%16.4%19.6%1%24%-12% Federal / County Grants 169,883 1,546,528 1,035,711 152,630 4,779,131 1,765,723 1,256,000 1,279,000 2023: $280K Hope Center Grant; $20K Lottery Funds; $229K Operating Bus Grant; $300K Water Quality Grant;$250K mobility grant -8.1%810.3%-33.0%-85.3%361.4%-66%-74%-28% 2021 includes $250K for Federal Transit Grant and $250K Hope Center Grant; $20K Lottery Funds; $1.1M FASTER electric bus chargers grant; $525K CDOT bus grant; $350K Transit Grant for Transportation Mgmt. System 2020: $124.5K Water Quality Grants; $28K Lottery Funds 2019:$895 Federal Bridge Rd Bridge Grant 2018 includes $700K CDOT Water Quality "TAP" grant; $675.1K FASTER bus grant Earnings on Investments 563,885 1,123,184 2,209,195 778,981 281,491 453,805 453,805 273,442 Based on available fund balance and investment returns assumed at 0.05% 193.7%99.2%96.7%-64.7%-63.9%48%61%-40% Rental Income 1,027,199 1,064,569 1,139,700 787,906 1,116,305 1,119,843 1,137,179 1,415,002 2023 includes Donovan Pavilion flat with 2022; Includes increases for employee housing rentals purchased during 2022 0.8%3.6%7.1%-30.9%41.7%5%2%24% E911 and Interagency Dispatch 2,008,451 2,055,844 2,159,084 2,174,892 2,098,742 2,098,942 2,098,942 2,511,962 Funding by E911 Authority Board and participating agencies; 2023 increase due to new surcharges; increase reserves shared from E- 911 Board 4.7%2.4%5.0%0.7%-3.5%0%0%20% Vail Reinvestment Authority Transfers 4,179,718 4,599,998 3,804,281 1,809,400 7,410,723 50,000 2,302,146 2,550,000 2023: Annual LH parking maintenance; Lionshead Streetscape maint. 17.9%10.1%-17.3%-52.4%309.6%-99%-69%5000% COVID Grants American Rescue Grant 585,000 1,170,000 CRRSAA Transit Grant 1,789,613 1,658,768 1,658,768 CARES Transit Grant 1,507,242 229,274 CARES Grant - State share 976,868 91,167 Financing PW Shops Debt Financing Proceeds 15,190,000 MVR Financing Proceeds 25,280,230 Other One-Time Significant Reimbursements Transfer from VLMD 1,400,000 State and Federal Capital Bus Grant 3,750,000 State FASTER Transit Grant 1,624,065 6.36% 12 278 Major Revenue Analysis 2023 Proposed Budget Black Gore Creek Grant 894,898 Real Estate Sales 1,547,000 1,054,110 1,565,000 Use of Traffic Impact Fee for Frontage Rd Project 1,500,000 Sale of Chamonix Housing Units 17,748,304 Project Reimbursement Red Sandstone 5,800,000 Total Significant One-Time Revenues - 23,548,304 2,441,898 2,484,110 45,258,459 2,243,768 9,643,768 1,400,000 All Other Revenue 7,358,044 8,339,104 6,968,373 9,183,295 3,469,901 4,581,938 6,852,504 8,786,807 In general, this item includes franchise fees, fines and forfeitures, employee portion of healthcare -5.5%13.3%-16.4%31.8%-62.2%-13%91.8%premiums, license revenue, administration fees collected from VLMD and RETT and other charges for service such as out of district fire response and Police contracted services. It may also include use of Traffic Impact fees or Holy Cross Community Enhancement FundsTotal Revenue 66,936,720 103,276,083 80,221,274 74,237,562 139,821,158 75,888,830 104,461,154 89,715,682 % compared to Prior Year -0.8%54.3%-22.3%-7.5%76.4%-45.7%37.7%-14.1% -7.4%vs. 2022 Amended (without One-Time Revenues) 2.6%vs. 2021 Actual (without One-Time Revenues) 21.1%vs. 2020 Actual (without One-Time Revenues) 12.1%vs. 2019 Actual (without One-Time Revenues) 13 279 EXPENDITURES 280 Proposed 2019 2020 2021 2022 2022 2023 Actual Actual Actual Budget Amended Budget 2024 2025 2026 2027 Revenue -15%3%3%4%4% Local Taxes:29,250,698$ 24,973,418$ 34,534,683$ 30,700,000$ 39,950,000$ 34,000,000$ 35,020,000$ 36,100,000$ 37,544,000$ 39,046,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 57/43 61/39 49/51 62/38 62/38 62/38 62/38 62/38 62/38 62/38 Sales Tax 16,790,000 15,300,000 17,050,000 19,034,000 24,771,000 21,080,000 21,712,400 22,382,000 23,277,000 24,209,000 Property and Ownership 5,369,376 5,941,704 6,016,105 6,014,631 6,064,631 6,070,789 6,374,328 6,374,328 6,693,045 6,693,045 Ski Lift Tax 5,341,369 4,095,812 5,518,980 5,448,196 6,273,196 5,895,506 6,022,371 6,218,042 6,416,764 6,673,434 Franchise Fees, Penalties, and Other Taxes 1,201,539 1,672,845 1,751,304 1,693,618 1,791,618 1,751,381 1,803,922 1,860,001 1,867,201 1,919,545 Licenses & Permits 2,207,918 2,071,460 2,924,982 2,186,704 2,286,704 2,728,134 2,864,541 2,979,122 3,128,078 3,284,482 Intergovernmental Revenue 2,297,868 2,626,054 3,618,724 2,350,723 3,523,145 2,808,946 2,837,035 2,865,406 2,894,060 2,923,000 Transportation Centers 6,720,873 4,891,998 7,060,319 6,608,758 7,758,758 7,769,724 8,002,816 8,272,900 8,471,087 8,809,931 Charges for Services 1,144,658 1,212,774 1,391,470 1,071,297 1,071,297 999,980 1,019,980 1,110,779 1,155,210 1,201,418 Fines & Forfeitures 211,089 342,285 268,878 206,566 206,566 210,700 214,914 219,212 223,597 228,068 Earnings on Investments 863,199 308,609 100,880 200,000 200,000 150,000 200,000 250,000 250,000 300,000 Rental Revenue 1,139,700 787,907 1,116,305 1,119,843 1,137,179 1,415,002 1,457,452 1,501,176 1,501,176 1,511,176 Miscellaneous and Project Reimbursements 379,958 255,002 510,632 251,000 325,334 366,000 300,000 310,000 316,200 322,524 Total Revenue 43,667,547 39,506,450 47,328,579 46,185,336 55,409,428 51,246,162 52,809,759 54,342,967 56,193,417 58,075,624 -9.5%19.8%-2.4%17.1%-7.5%3.1%2.9%3.4%3.3% Expenditures Salaries 19,482,614 19,422,760 20,858,386 23,041,583 24,050,885 25,816,994 26,849,674 27,903,661 29,019,807 30,174,599 Benefits 7,153,063 6,904,130 7,643,489 8,075,454 8,327,950 8,592,954 8,850,743 9,096,265 9,369,153 9,640,227 Subtotal Compensation and Benefits 26,635,677 26,326,890 28,501,875 31,117,037 32,378,835 34,409,948 35,700,416 36,999,926 38,388,960 39,814,827 -1.2%8.3%9.2%13.6%6.3%3.8%3.6%3.8%3.7% Contributions and Welcome Centers 290,317 657,599 323,181 284,611 284,611 284,134 289,817 295,613 301,525 307,556 Chilcare Program Funding - - - 250,000 250,000 250,000 250,000 250,000 250,000 250,000 All Other Operating Expenses 7,491,844 6,344,253 7,481,863 9,036,237 10,504,531 11,457,111 11,686,253 11,833,978 12,188,998 12,534,668 Heavy Equipment Operating Charges 2,540,207 2,268,219 2,319,016 2,816,503 2,816,503 2,999,890 3,059,888 3,121,086 3,183,507 3,247,177 Heavy Equipment Replacement Charges 705,971 840,206 909,338 971,764 971,764 1,101,105 1,123,127 1,145,590 1,168,501 1,191,871 Dispatch Services 669,590 666,042 616,306 652,938 652,938 669,317 682,703 696,357 710,285 724,490 Total Expenditures 38,333,606 37,103,210 40,151,579 45,129,090 47,859,182 51,171,505 52,792,205 54,342,550 56,191,776 58,070,589 -3.2%8.2%12.4%19.2%6.9%3.2%2.9%3.4%3.3% Surplus (Deficit) from Operations 5,333,941 2,403,240 7,177,000 1,056,246 7,550,246 74,657 17,555 417 1,641 5,035 One-Time Items: Federal Grants CRRSAA Transit Grant (Operating)1,507,242 1,789,613 1,658,768 1,658,768 CARES Transit Grant (Operating)1,197,930 American Rescue Plan Grant 1,170,000 American Rescue Plan Initiatives (585,000) (1,170,000) Planning Projects VLMD Transfer for Destination Stewardship Mgmt Plan 200,000 Destination Stewardship Mgmt Plan (100,000) (230,000) (200,000) Vail Vision (50,000) (50,000) (100,000) Civic Area/Dobson Master Plan (327,897) (200,000) (200,000) (100,000) West Vail Master Plan (152,851) (173,909) (225,000) (230,478) (100,000) Contributions Funded with Reserves Vail Chapel Capital Contribution (500,000) (500,000) ECO Trail- Eagle Valley Trail Contribution (Minturn)(100,000) Mountain Travel Symposium (158,000) (158,000) TOWN OF VAIL 2023 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 14 281 COVID-19 Gift Card Program (27,075) Winter Operations Tenting Program (412,499) COVID Economic Development Expenses (1,208) Digital Marketing Campaign "Work from Vail"(39,957) Vail Community Relief Fund (586,390) (114,000) Commercial Rent Relief Program (35,327) (441,250) Net Increase /(Decrease) due to One- Time Items: (327,897) 1,491,030 1,019,288 (159,232) 290,290 (400,000) Transfer to Housing Fund Transfer to/from Marketing & Special Events Fund (2,542,788) (1,653,178) (2,000,000) (2,490,600) (2,425,085) (1,500,000) (2,600,000) (2,600,000) (2,600,000) (2,600,000) Transfer to Other Funds (44,731) - (317,927) - (291,938) (1,200,000) - - - - Surplus (Deficit) Net of Transfers and One-Time Items 2,418,525 2,241,092 5,878,361 (1,593,586) 5,123,513 (3,025,343) (2,582,445) (2,599,583) (2,598,359) (2,594,965) Beginning Fund Balance 33,888,139 36,306,665 38,547,757 40,266,996 44,426,118 49,549,631 46,524,288 43,941,843 41,342,260 38,743,901 Ending Fund Balance 36,306,664$ 38,547,757$ 44,426,118$ 38,673,410$ 49,549,631$ 46,524,288$ 43,941,843$ 41,342,260$ 38,743,901$ 36,148,936$ As % of Annual Revenues 82%88%101%84%89%91%83%76%69%62% EHOP balance included in ending fund balance - not spendable 1,190,000$ 1,223,500$ 1,223,500$ 1,346,238$ 1,223,500$ 1,223,500$ 1,223,500$ 1,223,500$ 1,223,500$ 15 282 PERSONNEL 283 2022PositionsDepartment2012 2013 2014 2015 2016 2017 2018 2019 20202021 2022 2023 ChangeFull-Time Regular Positions - Funded by TOVTown Officials4.43 4.43 4.43 3.43 3.43 3.43 3.43 4.43 3.433.43 3.43 3.43 0.00Administrative Services19.35 19.40 21.40 24.60 25.10 29.60 29.60 29.60 32.60 34.30 34.30 35.30 1.002022 Catch-Up: Convert Part-time Econ Dev Administrator to Full-TimeCommunity Development13.85 13.85 12.85 13.85 12.85 12.00 13.00 11.50 12.0012.00 12.00 12.00 0.00Housing- - - - - 2.00 2.00 2.00 2.00 3.00 4.00 4.00 0.00Environmental Sustainability- - - - - - - 3.00 4.00 4.25 4.25 4.50 0.252022 Catch-Up: Convert Fire/Environ. Admin to Full-TimeFire24.0024.50 25.50 28.50 29.50 30.50 36.50 37.50 38.00 38.00 39.80 39.80 0.00Police and Communications54.75 54.25 54.25 55.25 56.25 56.25 57.25 57.75 57.7558.00 58.00 58.00 0.00Library6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.55 6.556.55 6.60 6.60 0.00Public Works, Streets & Roads, Landscaping 30.80 30.80 34.30 36.30 40.30 40.80 41.80 43.30 44.30 44.30 48.30 48.75 0.452022: Catch-Up: Convert AIPP Coordinator to FT (0.2); Relcass Fleet Admin Tech to shared PW Admin (0.25)Transportation & Parking31.0031.00 39.50 39.50 47.50 47.00 47.00 47.50 47.50 47.50 66.50 66.50 0.00Fleet Maintenance12.00 12.00 12.00 11.00 11.00 12.00 12.00 12.00 12.0012.00 12.00 11.75 (0.25)2022 Catch-Up: Reclass Fleet Admin Tech toshared PW AdminFacility Maintenance18.00 16.00 16.00 17.00 17.00 17.00 17.00 17.00 17.0017.00 17.00 17.00 0.00Total Full-Time Regular/Modified Full-Time 214.73 212.78 226.78 235.98 249.48 257.13 266.13 272.13 277.13280.33 306.18 307.63 1.45Fixed Term EmployeesAdministrative Services- 0.50 - - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00Community Development- - - - - 1.00 1.00 - - - - - 0.00Police and Communications- - - - 1.00 1.00 - - - - - - 0.00Public Works, Streets & Roads, Landscaping- - - - - - - - 1.00 1.00 1.00 1.00 0.00Capital Projects0.50 0.50 - - - - - - - - - - 0.00Document Imaging1.00 1.00 1.00 - - - - - - - - - 0.00Total Fixed-Term1.50 2.00 1.00 0.00 2.00 3.00 2.00 1.00 2.002.00 2.00 2.00 0.00Externally Funded EmployeesPolice and Communications10.00 10.00 10.00 9.00 8.00 8.00 8.00 9.00 9.009.00 9.00 9.00 0.00Total Externally Funded10.00 10.00 10.00 9.00 8.00 8.00 8.00 9.00 9.009.00 9.00 9.00 0.00Total Full-Time Employees226.23 224.78 237.78 244.98 259.48 268.13 276.13 282.13 288.13291.33 317.18 318.63 25.85TEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT16284 2022PositionsDepartment2012 2013 2014 2015 2016 2017 2018 2019 20202021 2022 2023 ChangeTEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENTSeasonal Positions - Funded by TOVTown Officials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00Administrative Services 1.94 1.94 1.94 1.69 1.19 2.29 2.29 2.29 2.202.20 2.20 1.70 (0.50)2022 Catch-up: Transfer Econ Dev Admin to Full-TimeCommunity Development 0.25 0.25 0.25 0.25 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00Fire 13.70 13.70 12.70 9.61 10.07 9.00 3.00 2.50 2.502.50 3.00 3.00 0.00Police and Communications 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00Library 1.70 1.70 1.70 2.20 2.40 2.40 2.40 2.40 2.402.40 3.025 3.025 0.00Public Works/ Streets & Roads/Landscaping 10.94 12.38 9.14 8.64 7.20 8.66 8.66 9.16 9.16 11.16 9.16 9.16 0.00Transportation & Parking 27.46 27.46 20.30 19.84 19.00 19.00 20.52 20.52 25.96 25.96 10.10 10.56 0.46 2022 Catch-Up: Add Seasonal Parking HostFleet Maintenance 0.25 0.25 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00Facility Maintenance 1.38 1.38 0.92 0.92 0.92 0.92 0.92 0.92 0.920.92 0.92 0.92 0.00Total Seasonal / Part-Time57.62 59.06 46.95 43.15 40.78 42.27 37.79 37.79 43.14 45.14 28.41 28.37(0.04)All FTE's (Full-Time Equivalents)Town Officials 4.43 4.43 4.43 3.43 3.43 3.43 3.43 4.43 3.433.43 3.43 3.43 0.00Administrative Services 21.29 21.84 23.34 26.29 27.29 32.89 32.89 32.89 35.80 37.50 37.50 38.000.50Community Development 14.10 14.10 13.10 14.10 12.85 13.00 14.00 11.50 12.00 12.00 12.00 12.000.00Housing 0.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 2.00 3.00 4.00 4.000.00Environmental Sustainability 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.00 4.00 4.25 4.25 4.500.25Fire 37.70 38.20 38.20 38.11 39.57 39.50 39.50 40.00 40.5040.50 42.80 42.80 0.00Admin 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.002.00 2.00 2.00 0.00Patrol 28.00 28.00 28.00 28.00 28.00 28.00 28.00 29.00 29.0029.00 29.00 29.00 0.00Investigation 5.00 5.00 5.00 5.00 6.00 6.00 6.00 6.00 6.006.00 6.00 6.00 0.00Records 4.75 4.25 4.25 4.25 4.25 4.25 4.25 4.75 4.755.00 5.00 5.00 0.00Dispatch 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.0025.00 25.00 25.00 0.00Police and Dispatch Total 64.75 64.25 64.25 64.25 65.25 65.25 65.25 66.75 66.7567.00 67.00 67.00 0.00Library 8.25 8.25 8.25 8.75 8.95 8.95 8.95 8.95 8.95 8.95 9.63 9.630.00Public Works, Streets & Roads 41.74 43.18 43.44 44.94 47.50 49.46 50.46 52.46 53.46 55.46 57.46 57.910.45Transportation & Parking 58.46 58.46 59.80 59.34 66.50 66.00 67.52 68.02 73.46 73.46 76.60 77.060.46Fleet Maintenance 12.25 12.25 12.00 11.00 11.00 12.00 12.00 12.00 12.00 12.00 12.00 11.75(0.25)Facility Maintenance 19.38 17.38 16.92 17.92 17.92 17.92 17.92 17.92 17.92 17.92 17.92 17.920.00Capital Projects / Fixed Term 1.50 1.50 1.00 0.00 0.00 0.00 0.00 0.00 1.001.00 1.00 1.00 0.00Total FTE's283.85 283.84 284.73 288.13 300.26 310.40 313.92 319.92 331.27 336.47 345.59 347.001.4117285 2021 2022 2023 Actual % Salary Budget % Salary Budget % Salary Full-Time Regular Employees Fee Based Health Insurance 3,940,086 18.71% 4,649,640 19.14% 4,592,266 17.87% Group Term Life, Disability & Accidental Death 297,766 1.41% 286,084 1.18% 319,696 1.24% Lifestyle Account & Wellness Benefit 313,610 1.49% 251,379 1.03% 270,000 1.05% Sworn Officer Death and Disability Insurance 150,832 0.72% 181,678 0.75% 211,342 0.82% Subtotal Fee Based 4,702,294 22.33% 5,368,782 22.10% 5,393,304 20.99% Payroll Based Pension Contribution 3,225,721 15.31% 3,653,694 15.04% 3,924,345 15.27% Medicare 301,334 1.43% 352,299 1.45% 372,542 1.45% Workers' Compensation Insurance 144,657 0.69% 243,220 1.00% 243,220 0.95% Unemployment Compensation Insurance 68,571 0.33% 97,186 0.40% 102,770 0.40% Subtotal Payroll Based 3,740,283 17.76% 4,346,399 17.89% 4,642,877 18.07% Total Full-Time Benefits 8,442,577 40.84% 9,715,180 39.99% 10,036,181 39.06% Part-Time and Seasonal Employees Fee Based Lifestyle Account & Wellness Benefit 20,724 1.10% 18,621 0.00% 15,000 0.00% Health Insurance 537,764 35.85% 99,281 6.89% 231,655 16.07% Payroll Based Pension Contribution 27,043 1.43% 21,620 1.50% 21,620 1.50% Medicare 25,744 1.36% 20,899 1.45% 20,899 1.45% Workers' Compensation Insurance 12,425 0.66% 27,000 1.87% 27,000 1.87% STD Leave - 0.00%- 0.00%1,566 0.11% Unemployment Compensation Insurance 5,890 0.31% 5,765 0.40%5,765 0.40% Subtotal Payroll Based 71,102 3.77% 75,284 5.22% 76,850 5.33% Total Part-Time and Seasonal Benefits 629,590 41.02% 193,185 13.40% 323,504 22.45% Total Benefits - All Employees 9,072,167 40.42% 9,908,365 38.50% 10,359,686 38.18% Percentage Increase 13.0%9.2%4.6% Town of Vail Employee Benefits 18 286 CONTRIBUTIONS 287 2023 Council Contribution Request SpreadsheetCouncilIncrease/ Staff TOWN OF VAIL FUNDING REQUEST ApprovedFund (Decrease) Recommended Cashfrom 2022 CashSERVICES AColorado Snowsports Museum: In-Kind- Rent in the Vail Transportation Center ($137,304); 1 Silver ($2,000), 2 Blue parking passes ($2,500) 141,651 - - - - Rent in the Vail Transportation Center ($141,423); 1 business premier parking pass ($2,200) and two employee plus passes ($3,700)147,323 5,672 Colorado Snowsports Museum programming45,457 - GF52,000 6,543 46,821 - 6,543 BBetty Ford Alpine Garden: Operating74,649 1 Blue parking pass for Director ($1,250) and 2 year round designated parking sports in Ford Park 1,250 RETT80,000 5,351 76,888 1 employee plus pass for the director ($1,850) and 2 year round designated parking sports in Ford Park ($850)2,700 5,351 BBetty Ford Alpine Garden: Capital Request- - RETT15,000 15,000 - - 15,000 CEagle River Watershed Council42,000 - RETT42,000 - 42,000 - - DEGE Air Alliance75,000 - GF75,000 - 75,000 - - EHigh Five Access Media (TV5)150,000 - GF152,000 - 152,000 - - FEagle Valley Land Trust5,000 - RETT7,500 2,500 - - 2,500 GVail Valley Mountain Trails Alliance 17,500 - RETT17,500 - 17,500 - - HVail Mountain Rescue Group (FMR) Friends of Mountain Rescue9,100 - GF10,163 1,063 9,373 - - IVail Religious Foundation - Capital Request500,000 - GF1,000,000 500,000 - - 500,000 JEagle County Eco Trails- - GF200,000 200,000 100,000 - 100,000 TOTAL SERVICES993,706 144,701 1,651,163 670,457 519,582 149,773 520,066 IN KINDKRound Up River Ranch- 125 parking passes for participants and volunteers for S 3,750 - - 100 single day parking vouchers ($4,000) 4,000 - LSmall Champions, Inc. (8 off-peak Sundays Dec-Mar)5,000 60 single day parking vouchers at Lionshead; 8 days use of Lionshead Welcome Center ($30/day, $1800) 1,800 - - 65 single day parking vouchers at Lionshead; 8 days use of Lionshead Welcome Center ($40/day, $2,600)2,600 - MVail Mountaineer Hockey Club- 14 days use of Dobson ($2,850/day, $39,900) 39,900 - - 14 days use of Dobson ($2,850/day, $39,900)39,900 - NSki and Snowboard Club Vail- 4 days usage of Dobson ($2,850/day, $11,400) 11,400 - - 4 days usage of Dobson ($2,850/day, $11,400) 11,400 - OSkating Club of Vail- 10 days use of Dobson Ice Arena ($2,850/day, $28,500) 28,500 - - 10 days use of Dobson Ice Arena ($2,850/day, $28,500) 28,500 - PSpecial Olympics (Sundays Jan 2 - End of Ski Season)- 56 parking passes at Lionshead parking structure ($30/day, $1,680 total) 1,680 - - 56 parking passes at Lionshead parking structure ($40/day, $2,240 total)2,240 - QForesight Ski Guides- 2 Blue parking passes ($1,250/each) and 1 Pink parkin 2,700 - - 2 Employee plus parking passes ($1,850/each) 3,700 - RSOS Outreach- 25 parking passes ($30/day, $750) 750 - - 25 parking passes ($40/day, $750) 1,000 - Mind Springs Health- 3 blue parking vouchers ($3,750); rent and utilities ($43 46,800 - - 3 Employee Plus parking vouchers ($3,750); rent and utilities ($43,050) 48,600 SChildren's Garden of Learning rent; parking passes? Continued support of building and exterior maintenance from public works TOTAL IN KIND- 148,680 - - 141,940 - Variance to PY Funding In-Kind Request In-Kind ValueApproved2023 Recommended2022 - Council Approved Cash Request In-Kind Request In-Kind Recommended19288 20 2023 Council Contributions: Staff Recommendations SERVICES This category funds programs of services/expertise that the town does not already provide, supports the TOV physical plant and is appropriate for governmental support. Currently included in this category is annual programming support of Colorado Ski and Snowboard Museum, Betty Ford Alpine Gardens and Eagle Valley Childcare. This category does not support annual operating requests. Changes since the 1st Draft are highlighted in green below A. Colorado Snowsports Museum CASH REQUEST (Programming): $52,000 (up $10,000 or 14% from 2022 approved request). INKIND REQUEST: Waive rent valued at $141,423 and provide 3 parking passes valued at $5,900. BACKGROUND INFORMATION: The Colorado Snowsports Museum and Hall of Fame is requesting a total cash contribution of $52,000 which will be used to market the museum, continue to provide free admission for visitors, and maintain/update exhibits. STAFF RECOMMENDATION: Staff recommends funding the in-kind request based on the lease terms and passes (totaling $147,323) and a cash contribution of $46,821, up 3% from prior year. Staff recommends that this is used towards maintaining and updating exhibits and providing programming for visitors. B. Betty Ford Alpine Gardens (BFAG) CASH REQUEST (Programming): $80,000, $20,351 or 7% increase from 2022. CAPITAL REQUEST (Capital): $15,000 towards a new roof for the alpine toolshed. INKIND REQUEST: 2 designated parking spots at Ford Park and 1 employee plus pass ($2,700); annual cost of water service expenditures BACKGROUND INFORMATION: Betty Ford Alpine Garden’s is requesting a cash contribution of $80,000 for their garden care and education program. This includes the purchase of plant materials, tools, soil, and compost, replanting as well as garden upgrades and the management and supervision of the volunteer team and summer garden interns. The increased request reflects expenditure increases over several years. Over the past 10 years the BFAG’s budget has increased $900K or 108%. Over the same period, the Town’s contribution has increased 34%. BFAG has also requested $15,000 towards a new roof for the alpine toolshed. Currently, the structure has wood shingles and the roof sustained storm damage last year. This project will upgrade the wood shingles to a fire proof composite shingle, making it more sustainable in the long term. STAFF RECOMMENDATION: Staff recommends a cash contribution of $76,888 to go towards the Garden Care and Upkeep Program (a 3% increase from prior year original funding). Staff also recommends in-kind funding for 2 designated parking spots at Ford Park and 1 employee plus parking pass. In addition to Council contributions, the BFAG is requesting $22,000 from the Committee on Special Events for winter programming and have indicated that they will be 289 21 requesting $30,000 for summer programming. Staff does not recommend funding the new roof. This contribution is funded by Real Estate Transfer Tax Fund. C. Eagle River Watershed Council CASH REQUEST (Programming): $42,000, Flat with the 2022 request and awarded funds. BACKGROUND INFORMATION: Eagle River Watershed Council is requesting a cash contribution of $42,000 to fund water quality monitoring, community education, and river restoration projects. Specifically, the contribution will be used towards the Gore Creek Restoration projects ($8,000), the Water Quality & Assessment Program ($13,000); the Community Pride Highway Cleanup ($2,500) and Eagle River Clean Up ($2,500); the sediment source monitoring and biomonitoring of Black Gore Creek ($16,000). STAFF RECOMMENDATION: Staff recommends funding the $42,000, flat with prior year funding. D. EGE Air Alliance CASH REQUEST: $75,000, flat with prior years. BACKGROUND INFORMATION: Eagle Air Alliance is requesting $75,000, flat with prior year, to be used to attract new airline partners and support the development of new markets to fly into Eagle County Airport. STAFF RECOMMENDATION: Staff recommends funding of $75,000 within the Economic Development department budget, flat with prior year. E. High Five Access Media CASH REQUEST: $152,000 (50% of Comcast franchise fees), flat with prior years request. In early 2021, High Five gave a presentation to Council on their town provided services and their share Comcast franchise fees was increased to 50%. BACKGROUND INFORMATION: High Five Access Media is requesting $152,000 (or 50%) of franchise fees the Town of Vail receives annually from Comcast, based on terms of the Comcast franchise agreement with the town. The cash contribution will be used to fund High Five Access Media programs, in-house productions, video production equipment purchases, production of council meetings, free access for Vail residents to membership, basic media education, cable and internet distribution of video as well as paying for ongoing costs for cablecast and webcast of programming to Comcast subscribers and internet users. STAFF RECOMMENDATION: Staff recommends funding of approximately $152,000 (or 50%) of estimated franchise fees the Town receives annually from Comcast. F. Eagle Valley Land Trust CASH REQUEST: $7,500, a 50% or $2,500 increase over 2022. BACKGROUND INFORMATION: The Eagle Valley Land Trust works to protect and preserve lands, 290 22 heritage, wildlife habitats, and recreational opportunities. Eagle Valley Land Trust is requesting $7,500 to support their Stewardship and Outreach Program, a program that coordinates the stewardship of existing conservation easements and addressing management concerns in a collaborative, proactive way; as well as connecting people and raising awareness of the importance of land conservations. Funding will be used to market programs and events showcasing the Town of Vail ($1,000), execution of outreach programming to promote sustainability goals ($3,500) and pursue conservation projects collaboratively with the town ($3,000). New conservation projects could include the permanent protection of Battle Mtn, the East Vail property, or those properties in the town’s comprehensive open lands plan. STAFF RECOMMENDATION: Staff does not recommend funding this request. Taxpayer dollars are not traditionally contributed towards marketing programs. Staff will reevaluate opportunities for funding as new conservation projects and properties are identified. G. Vail Valley Mountain Trails Alliance CASH REQUEST: $17,500, Flat with 2022 contributions. BACKGROUND INFORMATION: The Vail Valley Mountain Trails Alliance is requesting $17,500 to continue funding three programs: Adopt a Trail, Wildlife Trail Ambassador, Trail Conservation Crew (new 2022 request). The Adopt A Trail program use volunteers to help maintain and monitor local trails. This program assists in maintaining twelve trails connected to the Town of Vail. The Wildlife Trail Ambassador program educates and communicates seasonal trail closures including North Trail, Son of Middle Creek, Buffehr Creek, and Two Elk. Pending land management decisions, the WTA program is ready to support seasonal wildlife closure for bighorn sheet at the Booth Lake Trailhead in 2023. STAFF RECOMMENDATION: Staff recommends total funding of $17,500 for the Adopt A Trail program, the Wildlife Trail Ambassador, and the Trail Conservation Crew, to be used on trails within or that border the Town of Vail. Funding for this will come from the Real Estate Transfer Tax Fund. H. Vail Mountain Rescue Group (VMRG) CASH REQUEST: $10,163, a 12% or $1,063 increase over prior year. BACKGROUND INFORMATION: Vail Mountain Rescue Group is requesting a cash contribution of $10,163 to fund their Rigging for Rescue program. This program will provide essential training for high and low angle technical rope recuses, which are a reality in Vail and Eagle County. A recent example is the Red Sandstone mission in November 2019 when Vail Fire and VMRG worked closely together to rescue a stranded woman off a steep, snow-covered cliff face. Other examples in East Vail include a semi-truck over a steep edge off I-70. VMRG will also open this training to interested Vail Fire employees. STAFF RECOMMENDATION: Staff recommends funding of $9,373 (a 3% increase from prior year funding) for Rigging for Rescue training for VMRG members and Vail Fire employees. The town considers this organization part of emergency response in our area. 291 23 I. Vail Religious Foundation CASH REQUEST: $1,000,000 a 100% or $500,000 increase over prior year. BACKGROUND INFORMATION: The Vail Religious Foundation supports and enriches the spiritual life of the Vail community as a center for faith and worship, education, emergency services, support groups and the arts. The Foundation has six congregations under one roof at the Vail Interfaith Chapel. The Vail Religious Foundation is requesting $1,000,000 for their 50th Anniversary Capital Campaign, a $9.3 million campaign that seeks funding for much needed immediate fixes and construction costs for their almost 52-year-old Chapel. The scope of the project includes a roof replacement, parking lot/snowmelt replacement, updates to the chapel entry, replacement of HVAC and electrical system, ADA updates, window replacements, elevator replacement, interior chapel renovations, improvements to outdoor spaces, and security and IT system improvements. The total cost of the capital renovations portion of the campaign totals $6.3M of which the town committed $500K during 2022. To date, the Vail Religious Foundation has collected $4.4M towards the capital renovations. STAFF RECOMMENDATION: Staff defers the funding decision to Council. In 2022, the town agreed to commit $500K to this project, with $250K upfront and the remainder to be paid as a “last in” contribution. The combined request of $1.5M is 23.8% of the total cost of the capital renovations. Staff recommends that any additional funding be “last in” to encourage additional fundraising. This request is not currently included in the 2023 budget proposal. Should Council fund this contribution, funding will come from General Fund reserves. During the 1st Draft presentation Council requested to reevaluate this request after the first quarter. J. Eagle County ECO Trails CASH REQUEST: $200,000 BACKGROUND INFORMATION: ECO Trails is requesting a $200,000 contribution to help complete the Eagle Valley Trail (EVT). Connecting with paved trails throughout Summit, Garfield, and Pitkin Counties, the completed 63-mile EVT will help provide over 140 miles total of off-highway riding in the region. The EVT, combined with the ECO Transit bus system provides vital connections between communities. This provides additional transportation options and enhances existing services. The paved multi-use trail provides opportunities to commute by foot, bicycle, and other non-motorized and active modes of transportation in a safe location separated from the roadway. This project is funded primarily by Eagle County ($22M or 58%) through a certificate of participation lease with the State of Colorado. This annual lease ($1.36M) is repaid via ECO transit tax ($750,000 per year) and a mix of the new Trails Impact Fee for new development and reserve funds. They are requesting an additional $2.5M in contributions from municipalities and metro districts connected by the trail to complete the missing sections of the trail. The total cost of the remaining portions is $24.0M. No new sections of the trail are located within the Town of Vail. The Town of Vail maintains annual maintenance and reconstruction of the trail within Town of Vail and intermountain. The town has spent $413.6K on specific Gore Valley Trail projects since 2017. STAFF RECOMMENDATION: Staff defers the funding decision to Council. Should Council decide to fund this contribution, funding will come from General Fund reserves. During the 1st Draft presentation of the budget, Council voted to funds this request at $100,000 to be used specifically towards the Minturn Spur section of the trail. 292 IN-KIND REQUESTS This category includes ice time at Dobson Arena, use of Donovan Pavilion/Grand View, parking passes/coupons and public works and police department services. K. Round Up River Ranch INKIND REQUEST: 100 day parking passes, down 25 passes from last year. BACKGROUND INFORMATION: Round Up River Ranch is requesting 100 parking day vouchers to use for 2023 Superhero Ski Day fundraiser. Superhero Ski Day is a way for the community and tourists to come together and celebrate the superheroes in our lives. It is a way for our community to connect, raise money for an incredible cause, helping bring children with serious illnesses to Roundup River Ranch to experience joy during the most challenging times in their lives. The goal for 2023 is to have 350 registered participants. There are no other government grant contributions. STAFF RECOMMENDATION: Staff recommends in-kind funding of 100 parking vouchers valued at $4,000. L. Small Champions, Inc. INKIND REQUEST: 65 parking vouchers to use on eight off peak Sundays during 2022-2023 ski season and use of the Welcome Center as a drop off and pick-up location on those eight Sundays. (valued at $2,600). BACKGROUND INFORMATION: Small Champions is requesting an in-kind contribution to support their ski days for special needs children this winter. STAFF RECOMMENDATION: Staff recommends in-kind funding of 65 parking vouchers to be used on winter Sundays, valued at $2,600. Staff also recommends the use of the Welcome Center as a drop-off and pick-up location for those Sundays. M. Vail Mountaineer Hockey Club BACKGROUND INFORMATION: The Vail Mountaineer Hockey Club is requesting in-kind funding for 14 days at Dobson ice arena valued at $39,900. This includes 12 days for the Sportsmanship Tournament and 2 days for the Avalanche Alumni Weekend. STAFF RECOMMENDATION: Staff recommends in-kind funding consistent with 2022 by providing 14 days of ice time valued at $39,900, subject to approval and coordination with the Vail Recreation District for the ice time. However, the Hockey Assn. will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. N. Ski & Snowboard Club of Vail BACKGROUND INFORMATION: The Ski & Snowboard Club of Vail has requested in-kind funding (valued at $11,400) for 4 days use of Dobson arena for their annual Vail Ski Swap. STAFF RECOMMENDATION: Staff recommends funding the in-kind request consistent with 2022 24 293 25 by providing four days (out of four requested) with appropriate approval and coordination with the Vail Recreation District. The Ski & Snowboard Club will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. O. Skating Club of Vail BACKGROUND INFORMATION: The Skating Club of Vail has requested in-kind funding of 10 days use of Dobson valued at $28,500. STAFF RECOMMENDATION: Staff recommends in-kind funding consistent with 2022 by providing 10 days of ice time (out of 10 requested) valued at $28,500 subject to approval and coordination with the Vail Recreation District. The Skating Club will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days P. Special Olympics BACKGROUND INFORMATION: The Special Olympics is requesting an in-kind contribution of 56 parking vouchers valued at $2,240 to be used on each Sunday of training during the 2022-2023 ski season. STAFF RECOMMENDATION: Staff recommends in-kind funding consistent with 2022 by providing 56 parking vouchers for Lionshead structure only, with one-time entry/exit coupons valued at $2,240. Q. Foresight Ski Guides BACKGROUND INFORMATION: Foresight Ski Guides is requesting two employee plus parking passes (valued at $3,700) for the 2022 - 2023 ski season. Foresight provides parking to volunteer guides, half of which drive from Denver who need to be parked and ready to meet their visually impaired participants by 8:30am. Local guides usually take public transportation and/or carpool. Foresight provides challenging recreation opportunities to visually impaired participants (adults and children) and guides. STAFF RECOMMENDATION: Staff recommends providing two employee plus passes as was approved in the past several years valued at $3,700. R. SOS Outreach BACKGROUND INFORMATION: SOS Outreach is requesting 25 parking vouchers (valued at $1,000) for the 2022 - 2023 ski season to be used by program coordinators hauling gear to and from the mountain for the winter skiing and snowboarding programs for underserved youth. STAFF RECOMMENDATION: Staff recommends providing 25 parking vouchers for the 2022/23 ski season to be used by program coordinators, consistent with 2022. 294 CAPITAL 295 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderChanges since Draft2022Amended 2023 2024 2025 2026 2027Total Sales Tax Revenue: 39,950,000$ 34,000,000$ 35,020,000$ 36,265,700$ 37,716,000$ 39,225,000$ 2022: Adjusted for 2022 YTD through April, May through November flat with 2021 Actuals; December down 5%; 2023: down 15%; 2024/2025: 3% Increase, 2026/2027: 4% increaseSales Tax Split between General Fund & Capital Fund62/38 62/38 62/38 62/38 62/38 62/38Sales Tax - Capital Projects Fund 15,179,000$ 12,920,000$ 13,307,600$ 13,780,966$ 14,331,956$ 14,905,882$ Sales tax split 62/38Use Tax 2,800,000 2,000,000 2,040,500 2,081,810 2,123,946 2,166,925 2022: Based on 5-year average with Park Meadows ProjectConstruction Fees 1,500,000 - - - - - 2022:$1.5M traffic impact fee for Frontage Rd projectFranchise Fee204,000 1,000,000 205,000 209,100 213,282 217,548 1% Holy Cross Franchise Fee approved in 2019; 2022-2026 based on 2% annual increase; 2023: includes Holy Cross 5-year advancement towards underground utility projectFederal Grant Revenue1,650,000 - - - - - 2022: $1.65M Allocation from Hickenlooper/Bennet federal grant award for two additional electric busesOther State Revenue2,364,149 250,000 750,000 - - - 2022: $2.1M CDOT grant for four electric buses; $255.7K CDOT grant for four electric bus chargers; $6K ARP library grant for additional book drop; $36K grant for electric car charging infrastructure; 2023: MMOF Grant towards bollard projects ($250K); 2024: MMOF grant towards Mobility Hub Design ($750K)Lease Revenue164,067 164,067 172,270 172,270 172,270 172,270 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Employee Rental Housing Sales295,000 - - - - - Sale of Vail Heights #7 (purchased in 2015)Project Reimbursement366,000 - - - - 2022: $15K reimbursement from Vail Health for new bus stop included in Frontage Rd project, and $351K ERWSD reimbursement for Frontage Rd. projectTimber Ridge Loan repayment463,043 462,999 462,955 462,909 462,864 462,817 2022: Payoff of TR Loan (originally budgeted to be paid off in 2028)Earnings on Investments and Other112,865 67,348 72,357 41,514 59,336 47,563 2022: 0.4% returns assumed on available fund balanceTotal Revenue25,098,124 16,864,414 17,010,683 16,748,569 17,363,655 17,973,005 FacilitiesFacilities Capital Maintenance495,500 615,000 469,500 265,000 360,000 370,800 2022: Fire Station interior paint ($35K), Fire Stations Radiant tube replacement ($25K); Library Skylight maintenance ($150K), Library book drop-off at Safeway ($6K) (Reimbursement above), PW roof repairs ($50K), Phase 3 of transit center skylight replacement ($50K); 2023: Fire Station II exhaust extraction system ($75K), Fire Station III Stucco patching/painting ($40K); library air handling replacement ($125), Bus barn gradient tube replacement ($50K); 2024: PW 30% roof replacement ($75K), Buzzard Park repairs ($75K), Buzzard Park roof repairs ($50K), transit office windows and doors ($25K), PW overhead garage door ($50K), PW carpet replacement ($50K); 2025: Fire Station II Overhead garage doors ($25K), Library Boiler Replacement ($25K); 2026: Lionshead Transit Center Repairs ($50K), Buzzard Park washer/dryer replacement ($15K); Transit Office carpet replacement ($15K)Municipal Complex Maintenance1,549,407 205,000 260,000 267,800 275,834 284,109 2022: Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K); PD locker room and restroom repairs ($50K), Comm Dev window replacement ($100K), Comm Dev interior wall and ceiling maintenance ($30K); 2023: Comm Dev boiler replacement ($100K), Comm Dev air handler replacement ($75K); 2024: PD roof replacement ($150K), PD boiler tube repairs ($50K); 3% annual increase 2025-2035Building Energy Enhancement Projects- 25,000 25,000 25,000 25,000 25,000 Public Works Building Maintenance300,000 80,000 - - 100,000 - 2022: $300K to replace two HVAC units at Public Works; 2023: Window Replacement ($80K); 2026: Roof Replacement ($100K)Welcome Center/Grandview Capital Maintenance125,000 25,000 50,000 25,000 25,750 26,523 2022: $100K Furniture replacement in Vail Village Welcome Center; 2024: furniture upgrades ($50K); 3% annual increase 2025-2026Wlecome Center display upgrades- 13,000 - - - - Employee Rental Units11,088,649 2,500,000 2,000,000 2,000,000 1,500,000 1,500,000 2022 Employee Rental Units purchases to Capital Fund; 2023-2027 Placeholder for TOV Employee RentalsEmployee Rental Capital Maint25,000 250,000 150,000 150,000 75,000 75,000 2022 Capital Main budget for town owned rental units to Capital FundSnowmelt Boilers Replacement1,367,129 500,000 - - - - 2022: $1.4M accumulated funds for the replacement of TRC 8 electric boilers (2 per year); 2023: TRC electric boiler replacements (2)Arabelle Snowmelt Boilers- 190,000 - - - - 2023: Placeholder for boiler replacement; Shared expense with Arrabelle (VR) for streetscape heatDonovan Pavilion Remodel5,000 - 50,000 - 25,000 - 2022:Final Donovan Pavilion upgrades; 2024/2026: Maint placeholdersTOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 26 296 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderChanges since Draft2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDVail Mobility Hub Expansion- - 1,500,000 - 2,000,000 - 2024: Design for Vail Mobility Hub (VTRC) Expansion ($750,000 MMOF match grant); 2026: Placeholder for future grant match to construction expansionFire Sprinkler Upgrades at Bus Barn- 100,000 500,000 - - - 2023-2024: Update Fire Sprinkler system in bus barn to accommodate needs of expanded electric bus fleet; 2023 includes $100K for design with $500K in 2024 for installationPublic Works Shops Expansion1,827,316 - - - - - Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994) financed by leasebackTotal Facilities16,783,001 4,503,000 5,004,500 2,732,800 4,386,584 2,281,432 ParkingParking Structures1,161,429 940,000 1,040,000 1,287,000 1,177,500 1,212,825 2022-2026: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsOversized Parking Area2,100,000 - - - - - 2022: $100K for Design and survey costs for new oversized parking area; $2.0M placeholder for Construction of surface parking lotParking Entry System / Equipment1,510,410 - - - - - 2022: $1.2M for a new parking system; $312K for 5 year up front cost of subscription softwareRed Sandstone Parking Structure (VRA)23,855 - 70,000 - 50,000 - 2022: $23.8K to build fence at parking structure; 2024: $70K structure resealing, 2026: $50K Concrete patch replacementLionshead Parking Structure Landscape Renovations (VRA) 30,291 - - - - - 2022: complete landscaping at the Lionshead parking structure ($30.3K); resealing and concrete replacementTotal Parking4,825,985 940,000 1,110,000 1,287,000 1,227,500 1,212,825 TransportationBus Shelters 30,000 230,000 230,000 230,000 30,000 30,000 Bus shelter annual maintenance; 2020 includes Lionshead transit center Westbound Bus shelter; 2023/2024 Includes 10 new bus shelters in Vail at 10 busiest locations (5/year)Replace Buses7,650,000 - 2,200,000 - - - 2022: $1.65M for 2 electric buses funded with Hickenlooper Federal grant dollars; Move forward $6M from 2023 budget to purchase 6 electric buses; 2024: $2.2M for 2 electric busesBus Was Equipment- 300,000 - - - - 2023: Replace Bus Wash System with simpler more reliable drive through brush system. Current system is six years old is consistently breaking downBus Sign Replacement- 165,270 - - - - 2023: Replacement of 15 intown electric bus signage with Sunrise 2-line CDP. The current Daktronics signs are 9 years old and at the end of their useful life. The Sunrise signs give transit the ability to display real time bus arrival information, as well as post messages about route impacts and service changes riders may experience.Traffic Impact Fee and Transportation Master Plan Updates381,785 - - - - - 2022: $75k for big data analysis and public outreach on Transp. Master Plan update project. $300K to update Vail transportation master plan pending the outcome of the West Vail Master PlanHybrid Bus Battery Replacement165,000 - - - 360,000 - 2022: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; 2026: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; Bus Camera System- - - - 290,000 - Replace current fleet with 33 buses with updated camera surveillance system. In 2026 the camera system will be 11 years old and reaching end of lifeElectric bus chargers and electrical service rebuild432,675 - 400,000 - - - 2022: Supplement $30K to include W Vail Fire Station charging station and 5 year subscription. Re-appropriate $147K for electric bus infrastructure; $255K additional funding from CDOT grant; 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 project; 2024: $400K New charging station placeholders for additional electric buses added to fleetTotal Transportation8,659,460 695,270 2,830,000 230,000 680,000 30,000 Road and BridgesCapital Street Maintenance1,380,000 1,350,000 1,475,000 1,330,000 1,460,000 1,503,800 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K); 2024 includes surface seal ($190K); asphalt mill overlay ($565K); Street Light Improvements 294,369 75,000 75,000 75,000 80,000 80,000 Town-wide street light replacement ($75K annual)Slifer Plaza/ Fountain/Storm Sewer71,417 - - - - - 2022: $71.4K for water quality vault ongoing repairs 27 297 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderChanges since Draft2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDVail Health / TOV Frontage Road improvements 3,387,820 - - - - - 2022: $3.4M to complete VH plans for expansion; Improvements span from LH Parking structure to Municipal building (Total cost $7.5M) funded by VRA in 2021, Traffic impact fee ($1.5M)South Frontage Rd Lionshead Medians (VRA)- - - 100,000 6,000,000 - 2025/2026: Improvements to the South Frontage Rd Medians in Liosnhead (VRA reimbursement); 2025- DesignNeighborhood Bridge Repair125,000 1,400,000 - - 500,000 - 2022: $25K from Street Mtce to cover bridge repairs; $100K from 2023 budget to begin design of Bighorn Rd Bridge rails and culvert replacement; 2023: Replace Bighorn Rd bridge rails and culvert headwalls ($500K); Repairs to Nugget Plan bridge rails to meet current safety standards ($450K); Replace Lupine Drive Bridge guardrail to meet current safety standards ($450K); 2026: Placeholder for future bridge upkeep and repairsSeibert Fountain Improvements27,888 - - - 100,000 - 2022: Final payments for Fountain software system and valve upgrades at Seibert Fountain; 2026: Placeholder for pump replacementRoundabout Lighting Project50,000 1,750,000 1,250,000 - - 2022: $50K to design roundabout lighting project; 2023/24: $2.75M Total and proposes to install new lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED light poles and would incorporate smart transportation equipment such as traffic cameras ($1.75M for Main Vail, $1.25M for West Vail)Neighborhood Drainage Master Plan Update- - - 350,000 - - 2025: Develop Town Drainage Master Plan to be consistent with new East Vail Drainage Master Plan & updated rainfall intensitiesNeighborhood Road Reconstruction1,463,175 300,000 - - - 1,000,000 2022: $1.5M for East Vail road Major Drainage Improvements construction; 2023 includes additional $300K for increasedconstruction costs; 2027: Placeholder for Road MaintVail Village Streetscape/Snowmelt Replacement1,250,000 250,000 1,500,000 1,250,000 - - Replacement of 18 yr. old streetscape and snowmelt infrastructure (piping) in Vail Village; During 2022 the town installed piping to test and will report back to Council at a later date.Vail Road Sidewalk Construction- - - 100,000 750,000 - 2025/2026: Sidewalk construction on Vail Rd. between Beaver Dam and Forest Rd. East Mill Creek Culvert Replacement- - - 100,000 750,000 - 2025/2026: Replace the metal pipe culvert from Vail Valley drive from Gold Peak to Manor VailSandstone Creek Culvert Replacement at Vail View- - - 100,000 750,000 - 2025/2026: Replace the metal pipe culvert at Sandstone Creek and Vail View DriveLionshead Streetscape/Snowmelt Replacement (VRA)- 1,500,000 1,500,000 - - - 2023/2024: Replacement of 18 yr. old streetscape and snowmelt infrastructure (piping) in Lionshead (funded by the VRA)Total Road and Bridge8,049,669 6,625,000 5,800,000 3,405,000 10,390,000 3,733,800 TechnologyTown-wide camera system60,000 30,000 30,000 100,000 30,000 25,000 $30K Annual maintenance; 2025: $100K placeholder for camera system replacementsAudio-Visual capital maintenance96,750 110,000 55,000 25,000 55,000 150,000 2022: Reduce audio visual budget for annual operating cost for security camera software support; Re-assessment and update of A/V and videoconferencing solutions town-wide ($132K); '$18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2023: Update of Grandview/Library/Community room/Donovan A/V systemsCyberSecurity- 150,000 125,000 125,000 125,000 125,000 Annual 'Investment in cybersecurity, to keeps up with the ongoing changes that are required to maintain a safe and secure computing environment (previously budgeted in software licensing); 2023: Includes additional firewall purchaseDocument Imaging50,000 - - - - - These costs have decreased and Laserfiche costs are being moved to software licensing; Annual Maint of Laserfiche software as well as funds for customer programming. This system supports critical municipal records, and also supports many of the forms the town’s citizens use to interact with the town. Software Licensing700,000 725,000 746,750 769,153 792,227 815,994 Annual software licensing and support for town wide systemsHardware Purchases75,000 75,000 75,000 75,000 75,000 75,000 2022-2026: $75K for workstation replacements (20-25 per year)Website and e-commerce70,000 60,000 60,000 60,000 150,000 60,000 2022-2026: Annual website maintenance ($60K); 2022 includes $10K to continue website migration to Granicus; 2026: Placeholder to reevaluate current system and asses the need to upgradeFiber Optics / Cabling Systems in Buildings625,000 100,000 50,000 50,000 50,000 50,000 2022: $675K to add additional fiber infrastructure to connect critical IT equipment locations including the Village parking structure; the Muni Building; LH Parking Structure; and the West Vail Fire Station 2022-2027: Repair, maintain & upgrade cabling/network Infrastructure $50KNetwork upgrades55,000 50,000 50,000 100,000 50,000 50,000 Computer network systems - replacement cycle every 3-5 years; 28 298 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderChanges since Draft2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDData Center (Computer Rooms)155,000 150,000 150,000 150,000 150,000 150,000 2022: Includes $150K for Data Center equipment annual maint agreement (2 year agreement); $30K Maint; 2023-2027:$150K data center maintData Center equipment replacement and generator- - 1,500,000 - - - 2024: Replacement of data center main stacks ($1.5M)Broadband (THOR)94,800 110,000 110,000 125,000 125,000 125,000 2022: $94.8K annual broadband expenses, potential future revenue; 2023/2024;$110K annual broadband expensesPhone System- 100,000 - - - - 2023: Avaya phone system upgrade/replacementBusiness Systems Replacement55,000 70,000-30,000 100,000 30,000 2022: HR Performance mgmt. system ($55K); 2023: Placeholder for Budget Software ($40K); 2023/2025/2027: $30Kevery other year for parking system upgrades; 2026: Placeholder for Business System Replacements Total Technology2,036,550 1,730,000 2,951,750 1,609,153 1,702,227 1,655,994 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 36,000 - - - - - Public Safety IT Equipment25,000 150,000 25,000 25,000 100,000 25,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenancePublic Safety Equipment96,128 281,548 101,548 101,548 - 100,000 2022: Police Equipment for patrol cars ($16.8K), $5k increased cost of barriers, Gas masks ($14.5K), Livescan systems ($16.5K); PD truck sign ($13K), 2 additional event barriers ($30.7K); 2023: TOV owned firearms for PD department this will include sidearms, holsters, sighting system and weapon mounted lights for all sworn officers; Replacement of aging vehicle equipment nearing or past useful life includes 3 radar units, 6 mobile radios, 7 dash mounted cameras, 6 fire shelters, 6 AED's, 10 stop sticksFire Safety Equipment25,000 - - 45,000 51,000 368,000 2022: Re-appropriate Wildland personnel protection equipment ($25K); $45K knox box system replacement/upgrade;2026: $16K drone expansion; $35K Extrication Equipment; 2027: $368K Self Contained Breathing Apparatus ReplacementThermal Imaging Cameras12,000 - - - 15,000 - For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriers; 2026: Placeholders for thermal camera replacement ($14K)Fire Station Alert System 230,000 18,000 - - - - 2023: $18K for additional forcible entry training prop reducing need for East Vail crew to travel to West Vail for this type of training; 2022: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the timing is being coordinated with Eagle River Fire. Deferred $198K from 2020Radio Equipment replacement/expansion- - 720,000 300,000 - - Replacements of radios for fire (approximately 10-15 Years old)Fire Truck Replacement 2,746,300 540,000 - - - 1,030,000 2023: Type III Truck (heavy wildland engine); 2022: Move $166.3K from 2023 to order Type 6 Brush truck to be delivered in 2023; $540K for replacement of Engine I purchased in 2011 (Truck was ordered in 2022 but unable to be delivered); Replacement of Ladder truck (aerial apparatus) purchased in 2000 ($1.7M); 2027: E3 Regular Fire Engine ReplacementTotal Public Safety3,170,428 989,548 846,548 471,548 166,000 1,523,000 Community and Guest Service Timber Ridge Redevelopment50,000 - - - - - 2022: $50K for TR feasibility study Children's Garden of Learning Temporary Facility Relocation325,545 - - - - - 2022: $70K increase budget for final clean-up and east side improvements of lot. Re-appropriate $255K for final costsEnergy Enhancements97,294 40,000 52,500 110,000 138,000 264,000 2022: $61.3K for Electric car charges and infrastructure at various town locations; $36K new grant for electric infrastructure; 2023-2027: Installation of EV stations to meet increased demand. There is potential for grants to offset the initial capital cost of the equipment and installationLoading and Delivery Capital - 200,000 - - - - 2023:Placeholder to purchase of electric vehicles and refrigerators (a portion will be offset by MMOF grant funding)Pedestrian Safety Enhancements25,000 350,000 - 200,000 2,000,000 - $25K for planning and design for lighting replacement project; 2023: Construction of RRFB Pedestrian Crossing at Safeway; 2025/2026 Pedestrian Improvements through Main Vail UnderpassBollard Installation Project- 650,000 650,000 650,000 - - Installation of retractable and standard bollards throughout the Vail & Lionshead Villages and Ford Park ($250K MMOF Grant in 2023; possible additional grant opportunities in 2024/2025) 29 299 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderChanges since Draft2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDCivic Area Redevelopment100,000 1,000,000 - - - - 2022: $100K to explore outcomes of the Civic Center Master Plan such as feasibility studies / design (includes $50K for Dobson structural engineering study and $50K for preliminary Lot 10 park design); $1.0M placeholder for Civic Center projects (VRA reimbursement below)Underground Utility improvements15,459 2,500,000 - - - - 2022:$15.5K to finalize Big Horn underground utility project; 2023: Underground HCE from Main Vail to East Vail in conjunction with fiber conduitGuest Services Enhancements/Wayfinding24,307 750,000 - - 800,000 1,200,000 2022: Begin design process for new wayfinding signage budgeted in 2024 ($24.3K); 2023: Updated Parking and Transit signage; 2026: VMS Replacements; 2027: Updated Wayfinding Signage ProgramElectric Vehicle Pilot Program- 120,000 - - - - 2023: Purchase Ford F150 Lightning and Sedan Tesla Model 3 to support Council's goal of an electric vehicle fleet. These vehicles would be rotated into for departments to test capabilities and range. Vehicle Expansion494,500 342,000 133,000 - - - 2022: 5 (of 12) vehicles for PD take-home program, detective take-home vehicle; fire inspector vehicle, wildland crew vehicle; 2023: 5 PD take-home vehicles ($342); Parking Department Nissan Leaf ($33K); 2024: 2 PD take-home vehicles (final stage of program implementation)Total Community and Guest Service1,132,105 5,952,000 835,500 960,000 2,938,000 1,484,000 Total Expenditures44,657,198 21,434,818 19,378,298 10,695,501 21,490,311 11,941,050 Other Financing Sources (Uses)Debt Service Payment(1,155,712) (1,154,784) (1,158,592) (1,157,048) (1,155,240) (1,153,620) Debt Payment for PW ShopsTransfer from Vail Reinvestment Authority2,302,146 2,550,000 1,620,000 150,000 6,100,000 50,000 2022: $70K for CGL boulder wall; $30.3K LH parking structure landscaping; $1.5M reimbursement for Frontage Rd roundabout; $256K to complete new CGL building; $23K for Red Sandstone parking structure safety fence; $350K LH electric snowmelt boiler; $50K LH parking capital maint; 2023-2024: Lionshead streetscape/snowmelt replacement; 2025/2026: Improvements to S. Frontage Rd MediansTransfer to Residences at Main Vail(6,144,204) (825,000) - - - - Transfer to Residences at Main Vail Fund to phase one expendituresTransfer to Housing Fund(8,032,704) (2,500,000) (2,500,000) (2,500,000) (2,500,000) (2,500,000) 2022: Transfer to Housing Fund; 2.5M per year; 2022-2026: $2.5M Transfer to Housing Fund Transfer from General Fund20,000 - - - - - Transfer from Police Seizure Funds to cover K-9 vehicle ($20K)Total Other Financing Sources and Uses(13,010,474) (1,929,784) (2,038,592) (3,507,048) 2,444,760 (3,603,620) Revenue Over (Under) Expenditures(32,569,548) (6,500,188) (4,406,207) 2,546,021 (1,681,896) (1,175,285) Beginning Fund Balance49,406,514 16,836,966 10,336,778 5,930,571 8,476,592 6,794,696Ending Fund Balance16,836,966 10,336,778 5,930,571 8,476,592 6,794,696 5,619,410 30 300 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderProject Timing changed from prior 5-year plan2022Amended 2023 2024 2025 2026 2027RevenueReal Estate Transfer Tax 7,500,000$ 7,000,000$ 7,210,000$ 7,426,300$ 7,649,089$ 7,878,562$ 2022; Based on 5 year average; 2024-2026: 3% annual increaseGolf Course Lease 171,700 173,417 175,151 176,903 178,672 180,458 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue 410,000 300,000 270,000 30,000 30,000 30,000 2022: $40K from Eagle County for wildfire mitigation; $20K lottery proceeds; $50K reimbursement from VLMD for Welcome Center displays; $300K re-appropriation from ERWSD for Dowd Junction retaining wall; 2023-2026: $30K lottery proceeds used annual for park projects; $70K Federal Grant for water quality projects; $200K CDPHE Grant for water quality projectsProject Reimbursements 101,200 50,000 - - - - 2022: VRD reimbursement for annual Synexis, $90K reimbursement from the VLMD for DSMP Welcome Center displays (see project below); 2023: Nature Conservancy Grant to implement fuels treatment projectsDonations42,433 - - - - - 2022 1st Supplemental: $10K donation from Doe Browning for Winterfest; $32.4K unused East West donation for Ford Park art spaceRecreation Amenity Fees10,000 10,000 10,000 10,000 10,000 10,000 $10K annuallyEarnings on Investments and Other157,460 89,176 106,379 110,336 108,867 104,831 $2023: $40K use of bag fees for two hard-to-recycle events and one Town Clean Up Day; $30K Bag fee for plastic bag expansion in compliance with state policy; '2022: $25K use of bag fees for water intern and programming. Corresponding expense below; 2023 0.4% interest rate assumed, 2024-2026: 0.7% interest rate assumedTotal Revenue8,392,793 7,622,593 7,771,530 7,753,538 7,976,628 8,203,851 ExpendituresManagement Fee to General Fund (5%)375,000 350,000 360,500 371,315 382,454 393,928 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management590,465 669,272 689,350 710,031 731,332 753,272 Transfer from GF for wages/benefits; Operating budget for Wildland Fire crew; 2022 includes additional 2.3FTEWildfire Mitigation90,000 20,000 20,000 20,000 20,000 20,000 2022: $25K increase to participate in wildfire camera pilot program and $40K mitigation paid for by Eagle County. Implementation of Fuels Reductions projects and potential geological hazard study to update CWPP; 2022-2027: $20K annually to support wildfire mitigation projects as identified in the 2020 Vail Community Wildfire Protection Plan;NEPA for East Vail Hazardous Fuels Reduction99,000 50,000 - - - - 2023: $50K to implement fuels treatment projects reimbursed by a Nature Conservancy grant; Complete the NEPA analysis for the East Vail Hazardous Fuels Reduction Project. This is a project which council has already voted to support, it consists of hazardous fuels reduction on USFS lands from East Vail to Red Sandstone Road; $49K increase in estimated NEPA costs as approved by Council Wildland Fire Shelter- - 17,500 - 17,000 - 2024: $17.5K To purchase a wildland shelter safety device; 2026: $17K Placeholder for wildland shelter safetyWildland Fire Equipment- - - - - 13,000 2026: Fire shelters; 2027: Wildland hose; 2028: VHF radio replacementFire Free Five - Rebate Program150,000 225,000 200,000 200,000 - - 2022-2025: $200K annually for the Fire Free Five Community Assistance Program provides funding to community members for the implementation of defensible space within the first five feet of the building; $25K to create publication to assist homeowners with implementation Fire Free Five - TOV Implementation200,000 150,000 25,000 25,000 - - 2022-2023: Fire Free Five implementation at TOV facilities (Phase 1); Phase I includes five buildingsTotal Wildland1,129,465 1,114,272 951,850 955,031 768,332 773,272 ParksAnnual Park and Landscape Maintenance2,192,354 2,234,540 2,301,576 2,370,623 2,441,742 2,514,994 Ongoing path, park and open space maintenance, project mgmt.; Town Trail Host volunteer program ($16,000); $5K for propane for winter outdoor heating; 2022: Includes $51.8K Transfer from GF for salaries/benefitsVillage Holiday Lighting Design185,000 - - - - - 2022: This includes the costs of a consultant to assist the town in identifying alternative holiday decorations from traditional trees decoration; purchase two pre-lit trees for Vail Village and Lionshead as an alternative to decoration live treesPark / Playground Capital Maintenance210,000 160,000 163,200 163,500 166,500 170,000 2022: $50K to replace playground equipment at 4 parks. $35K sidewalk repair to Ellefson Park sidewalks to coincide with turf project; 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 maintenanceMayors Park Capital Maintenance50,000 - - - - - 2022: $50K Replace flagstone at Mayors ParkPepi's Plaza- 50,000 - - - - 2023: Placeholder for artist inspired tribute at Children's FountainFountain Repairs- 50,000 - - - - 2023: Children's Fountain Water QualityTree Maintenance75,000 75,000 75,000 75,000 85,000 85,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement85,000 85,000 85,000 85,000 86,700 86,700 Annual street furniture replacementTOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 31 301 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderProject Timing changed from prior 5-year plan2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Village Art Landscape Enhancements50,000 135,000 - - - - Landscaping Enhancements of areas identified in Vail Village for potential future sculptural placement; 2023: Landscaping Enhancement of 10th Mtn Statue Site ($75K) and planting bed near Squash Blossom ($25K); Landscaping and excavation for "Male Baseball Player #1" donated scupture on the upper playing fields of Ford Park ($35K). Stephens Park Safety Improvements35,821 - - - - - 2022: $35.8K for interpretive signage, playground equipment, and landscapingFord Park Master Plan200,799 - - - - 2022: Master Plan Revisions/Updates to address several proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion, conversion of fields to turfFord Park- Betty Ford Way Pavers1,200,000 - - - - 2022: Construction of new concrete unit paver roadway, new steel guardrail, stream walk intersection improvement, and landscaping improvements. This project would be coordinated with BFAGFord Park Enhancement: Priority 3 Landscape area5,946 - - - - - 2022: $5.9K for landscaping at the Nature Center bridgeFord Park Lower Bench Turf/Irrigation- - 300,000 - - - 2024: $300K Replacement of worn turf grass area and inefficient irrigation systemFord Park Playground Improvements 200,000 50,000 - - 300,000 - 2022: 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); 2023: Add $50K to 2022 Budget for increased costs; 2026: Renovation of Western half wooden structure from mid 1980's ($300K)Ford Park Picnic Shelter- - - 350,000 - - 2025: Replace Ford Park picnic shelterFord Park Lighting Control System180,000 - - - - 2022: Replacement of Ford Park lighting control system (discontinued by the manufacturer). Current system is over 10 yrs. OldSunbird Park Fountain Repairs3,430 - - - - - 2022: Re-appropriate $3.4K for final billsVail Transit Center Landscape32,817 - - - - - 2022: $32.8K for completion of landscaping at Vail transit centerTurf Grass Reduction199,862 - - - - - 2022: $199.9K Continuation of turf reduction at Ellefson park, turf replacement at TM residences and Red Sandstone UnderpassPlayground Restroom Replacements- - - - 300,000 - Replace the three remaining modular restroom buildings at Bighorn Park (2026), Red Sandstone (2028), and Stephens Park (2030)Kindel Park/Mill Creek149,862 100,000 - - - - 2022: $150K Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship park; 2023: riparian planting and improved pedestrian circulation along Mill Creek corridorDonovan Park Improvements35,000 150,000 - - - 2022: Relandscaping on Donovan Park parking lot islands; 2023: Replacement of play area decks and some equipmentWillow Park Drainage Improvements- - - 125,000 - - 2025: Improvements to drainage and inefficient irrigation systemRed Sandstone Park Picnic Shelter- - 75,000 - - - 2024: Modest 12'x12' shelter near volleyball court deferred from 2022-2024Pirateship Park Improvements- - 200,000 - - - 2023: Replace wood siding and add climberGore Creek Promenade Rehabilitation370,000 55,000 - - - - 2022-2023: Planning, design, and rehabilitation of the Gore Creek Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket ParkLionshead Skate Park Capital Maint- - - 50,000 - - 2025: Replacement of Lionshead skate park fencing ($50K) reimbursed by the Vail Reinvestment AuthorityBuffehr Creek Park Safety Improvements- - - - 350,000 - 2026: Replacement 20-yr old "catalog" playground equipment with custom build deferred from 2022 to 2025 ($350K)Buffehr Creek Park picnic shelter- - - 75,000 - - 2025: 15'x 25' shelter at existing picnic area deferred from 2022 to 2025 ($75K)Ellefson Park Safety Improvements- - - 300,000 - - 2025: Replacement 15-yr old "catalog" playground equipment with custom build ($300K)Total Parks5,460,891 3,144,540 3,199,776 3,594,123 3,729,942 2,856,694 Rec Paths and TrailsRec. Path Capital Maint159,717 165,000 85,000 85,000 86,700 86,700 2022: $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path systemBike Safety15,000 10,000 10,000 10,000 10,000 $10K annual cost for bike safety programsBike Path Signage35,000 25,000 - - - - 2022/2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety and wayfindingPedestrian Bridge Projects400,000 100,000 - 400,000 - - 2022-2026: Systematic rehabilitation or replacement of 5 pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass; 2025: ERWSD BridgePedestrian Connectivity Projects- - 600,000 600,000 2024: SFR to Dobson, 2026: Donovan to Cascade on SFRGore Valley Trail Bridge Replacement (ERWSD)40,000 - - - - - 2022: Design and planning for Gore Valley Trail Bridge replacement (ERWSD)Gore Valley Trail Fence Replacement at Dowd Junction50,000 - - - - - 2022: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence project32302 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderProject Timing changed from prior 5-year plan2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Gore Valley Trail Reconstruction - - - 80,000 - 80,000 2025/2027: Placeholders for Gore Valley Trail MaintGore/Deluge Lake Trailhead Parking/Restroom- - - 400,000 - - 2025: Improvements to the Gore Creek/Deluge Lake trailhead to improve parking, safety, traffic flow and addition of a restroom facilityEast Vail Interchange Improvements209,443 - - - - - 2022: $209K to continue East Vail interchange projectDowd Junction repairs and improvements799,155 - - - - - 2022: Continue Re-stabilization of Dowd Junction retaining wall ($799.2k); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement from ERWSD (See project reimbursement above)East Vail Interchange Trailhead parking lot expansion- - 300,000 - - - 2024: Expanded parking lot at East Vail Interchange trailheadPortalet Enclosures- 38,000 - - - - 2023: Design and Construct screening/enclosures on trailhead port-a-letsBooth Lake Trailhead Parking Restroom438,950 - - - - - 2022: Installation of permanent restroom at Booth Lake trailhead for hikersTotal Rec Paths and Trails2,147,265 338,000 995,000 975,000 696,700 166,700 Recreational FacilitiesGolden Peak Pickelball Sound Barriers- 23,500 - - - - 2023: Install Acoustic blocking panels on north and west fence sectionsNature Center Operations106,187 109,373 112,654 116,033 119,514 121,905 Nature Center operating costs(Contract with Walking Mountains)Nature Center Capital Maintenance93,855 - 8,064 26,291 4,990 14,098 2022: $55K placeholder for nature center maint and repairs; Wood siding and trim repairs ($11.4K), open rail fencing replacement ($13.4K); 2024: path and walkway repairs ($8.1K); 2025: signage ($16.6K); regravel access road ($9.8K); 2026: benches and tables; 2027: Slope roofing ($14.1K)Nature Center Redevelopment383,522 - - - - - 2022: $383.5K for further planning and design for a nature center remodel; Nature Center construction is currently unfundedLibrary Landscape and reading area 100,000 - - - - - 2022: Exterior landscaping and site work enhancements for an outdoor reading areaTotal Recreational Facilities683,564 132,873 120,718 142,324 124,504 136,003 EnvironmentalEnvironmental Sustainability694,471 707,829 729,064 750,936 773,464 796,668 Annual operating expenditures for Environmental department (4.25 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.; $16k sustainability intern, $16K Waste Education intern; $16K Water Quality Intern; 2022 includes $20.9K transfer from GF for salary/benefitsRecycling and Waste Reduction Programs275,320 222,000 224,220 226,462 228,727 231,014 2022: Use $15K bag fee collections for waste intern, reusable bags and market compost program. Re-appropriate $20.3K for pilot compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus Recycling Challenge ($13K), C&D Pilot ($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost Program Phase 2 ($45K), Farmers Market Zero Hero ($42K); Recycling Education ($17.5K); 2023: Actively Green($40K), Plastic Bag Expasion funded with bag fees ($30K), C&D Pilot ($5K), C&D Residential Phase 3 ($15K); C&D Commercial Phase 2 ($30K); Green Team ($2.5M), Love Vail website ($25K), Recycling hauls($25K), Farmers Market Zero Hero ($42K); Recycling Education ($7.5K)Ecosystem Health538,200 212,500 214,625 216,771 218,939 221,128 2022: $175K placeholder for Dowd Junction wildlife crossing (partnership with CDOT); $14.7K for CO Communities for Climate Action retreat and $27K for partnership with Zinc Media for Sustainable Travel, CC4a ($3K), Biodiversity Study ($150K), Strategic Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife Habitat Improvements ($102.5K); 2023: $15K for Vail to host CO Communities for Climate Action retreat; Strategic Plan Completion ($10K), SD Contract ($25K), Trees for Vail ($7.5K), USFS Front Ranger Program ($55K); Wildlife Habitat Improvements ($100K)Energy & Transportation89,049 58,500 59,085 59,676 60,273 60,875 2022-2024 Annual expenditures: Energy Smart Partnership contract ($40K), Solar Feasibility Study ($25K), EV Planning and analysis ($8K), Sole Power ($7.5K); 2022: Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($7.5K); 2023: Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($10.0K); EV Share Event ($1K)E-Bike Programs193,000 243,000 255,000 267,000 279,000 291,000 Town of Vail E-bike share program ($175K); E-Bike Ownership Model Program ($18K); 2023: E-Bike Share$175K; E-Bike Owenership Program ($18K)E-Bike Share Infrastrcuture- Gravel pads and bike racks- 54,000 - - - - Streamtract Education/Mitigation50,000 50,000 50,000 50,000 50,000 50,000 2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature Challenge and storm drain art;Water Quality Infrastructure2,016,541 - - - - - 2022: Re-appropriate for water quality infrastructure; $300K for snow dump cleanout and West Vail drainage grate replacement; 2021: Continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" Streambank Mitigation125,000 75,000 100,000 75,000 75,000 50,000 2022-2026 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2020 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above.33 303 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderProject Timing changed from prior 5-year plan2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Private Streambank Mitigation Program150,000 - - - - Private streambank mitigation program funding placeholderGore Creek Interpretive Signage225,000 25,000 - - - - 2022: $225K for watershed map and installation at the Gore Creek PromenadeWelcome Center Educational Displays200,000 - - - 150,000 - Steward Vail educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMD; 2026: Placeholder to update Welcome Center displaysFord Park Amphitheater Solar Panels100,000 - - - - - 2022: 50/50 cost share with the VVF for roof solar panelsTotal Environmental4,656,581 1,647,829 1,631,994 1,645,845 1,835,402 1,950,686 ArtPublic Art - Operating139,280 165,888 170,865 175,991 181,270 186,708 $2.7K transfer from GF for salary/benefits; Art in Public Places programming and operationsPublic Art - General program / art428,960 60,000 60,000 60,000 60,000 60,000 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. $618K Re-appropriation less $250K AIPP fund used towards Ford Park Art StudioPublic Art - Winterfest64,746 30,000 30,000 30,000 30,000 30,000 2022: $64.7K for annual Winterfest programmingSeibert Memorial Statue- Maitenance12,692 - - - - - 2022: $12.7K for Pete Seibert memorial statue maintenance Art Space882,259 - - - - - 2022: Design phase for Ford Park art space- see corresponding donation from East West above; 2022: $850K Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP fundsTotal Art1,527,937 255,888 260,865 265,991 271,270 276,708 CommunityBooth Heights Open Space12,000,000 - - - - - 2022: Placeholder for the purcahse of Booth Heights Open SpaceCouncil Contribution: Betty Ford Alpine Garden Support74,649 76,888 76,888 76,142 76,142 76,142 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseCouncil Contribution: Eagle River Watershed Support42,000 42,000 42,000 42,840 42,840 42,840 Annual support of the Eagle River Watershed Council programs Council Contribution: Trail Alliance17,500 17,500 - - - - Adopt A Trail Council Contribution for trails in or bordering the TownCouncil Contribution: Eagle Valley Land Trust5,000 - - - - - Eagle Valley Land Trust Council ContributionTotal Contributions12,139,149 136,388 118,888 118,982 118,982 118,982 VRD-Managed Facilities & MaintenanceRecreation Enhancement Account883,365 173,417 175,151 176,903 178,672 180,458 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenanceRecreation Facility Maintenance22,000 22,000 22,000 22,000 22,000 22,000 2022: Annual $22K for general RETT facility maintenance; $11.2K Synexis MaintSynthetic Turf Replacement - 472,000 - - - - 2023: Replacement of Ford Park Synthetic Turf Infield originally installed in 2012 and past it's useful life of 7 years. Golf Clubhouse79,496 31,295 12,751 94,806 56,282 - 2022: Exterior paint & stain ($24K), Sewage and roof forensic study ($8K), placeholder for repairs and maint as result of the study ($47.5K); 2023: Concrete walkways ($12.4K), Drain pains/curb gutters ($18.9K); 2024: roofing/heattape repairs ($12.8K); 2025: circulation pumps ($83.3K); clubhouse signage ($8.5K); 2026: Stucco/stone ($32.7K), wood trim ($23.5K)Athletic Field Restroom/Storage Building1,000,000 - - - - - 2022: Placeholder for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage buildingGolf Course - Other 369,751 236,874 2,484 - 208,388 98,490 2022: VRD Shared cost for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K);$216K for golf course green project; $153.8K Re-appropriate golf course maintenance scheduled in 2020 but not completed; course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), Maint. Building furnace ($9.8k); 2023: $216K golf course greens; Maint building stucco ($17.4K); 2026: maint building streambank restoration ($205K) exterior doors ($3.1K); 2027: Split costs: 1st hole path planking ($46.6K); 1st hole bridge planking and stone vaneer ($32K); 2nd hole bridge planking ($8.6K), 11th hole ped bridges ($11.3K)Dobson Ice Arena614,756 41,085 16,127 92,105 85,260 90,755 2022:Re-appropriate $110.7K for paver and roof repairs; Changing Rooms ($78.8K), windows replacement ($74.3K), heat pumps ($6.3K), rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9K), exterior wood trim ($9.3K); Repairs to exterior doors ($80.0K); 2022: Rockwall Repairs ($12.8K), concrete walkways ($17.7K); 2023: exhaust stack repairs- pushed to 2023 ($2.9K); grading and drainage repairs ($9.3K), brick paver repairs ($16.9K), central air upgrades ($12.5K); 2024: Wood trim repairs ($10.4), chemical feed system repairs ($5.6K); 2025: Boiler and circulation system ($59.3K), Water filtration issues ($21.2K); Hot water storage tank ($29.5K); 2026: Hot water storage tank ($29.6K), Concrete walkways ($22.2K); HVAC ($33.4k); 2027: Sky lights system ($90.8K);34304 Included in Project NarrativesNew ProjectIncrease in Cost/Expanded ProgramsPlaceholderProject Timing changed from prior 5-year plan2022Amended 2023 2024 2025 2026 2027TOWN OF VAIL PROPOSED FIVE YEAR BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Ford Park / Tennis Center Improvements175,510 - - 41,581 1,090,053 12,706 2022: Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023 ($13.3K); Exterior Doors- previously budgeted in 2023 ($4.6K); Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K); 2025: Wood siding and windows ($41.6K); 2026 includes a rebuild of tennis courts, retaining walls, and court fencing; 2027: Furnace, hot water tank, baseboards replacement ($12.7K)Athletic Fields 239,226 - 8,708 76,991 - 19,512 2022: Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K);Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K); 2024: Asphalt parking lot repairs ($8.7K); 2025: asphalt parking lot ($77K)Gymnastics Center282,789 20,000 - 109,928 - - 2022: Restroom remodel ($42.6K); Cooling System ($144K); 2023: $20K additional costs for cooling system; 2025: Furnace ($20.9K), Elevator ($20.9K); waterproof roof ($62.4K); signage and rd. access ($27.1K); concrete stairs and walkways (3.0K)Total VRD-Managed Facilities & Maintenance 3,666,893 996,671 237,222 614,314 1,640,655 423,922 Total Expenditures 31,786,745 8,116,461 7,876,813 8,682,925 9,568,242 7,096,895 Other Financing Sources (Uses)Transfer from General Fund109,546 - - - - - Transfer from GF for RETT department salary and benefitsTransfer from Vail Reinvestment Authority- - - 50,000 - - $50K reimbursement for replacement of the Lionshead skatepark fencingRevenue Over (Under) Expenditures(23,284,406) (493,868) (105,283) (879,387) (1,591,614) 1,106,956 Beginning Fund Balance28,078,476 4,794,070 4,300,203 4,194,920 3,315,533 1,723,919Ending Fund Balance4,794,070$ 4,300,203$ 4,194,920$ 3,315,533$ 1,723,919$ 2,830,875$ 35 305 2022 2022Amended Forecast 2023 2024 2025 2026 2027RevenueHousing Sales Tax4,500,000$ 4,500,000$ 4,125,000$ 4,248,750$ 4,376,213$ 4,507,499$ 4,642,724$ Transfer in from Capital Projects Fund2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Transfer in from General Fund- - 1,200,000 - - - - Workforce Housing Sales 1,270,000 1,270,000 - - - - - Total Revenue8,270,000 8,270,000 7,825,000 6,748,750 6,876,213 7,007,499 7,142,724 ExpendituresHousing Programs InDeed Program3,194,334 2,000,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Buy Down Housing25,609 - - - - - - Future Purchases4,600,000 - - - - - - Pitkin Creek 12-L unit976,288 976,288 - - - - - Chamonix unit B634,940 634,940 - - - - - Construction Housing Projects Timber Ridge Redevelopment Placeholder- - 500,000 - - - - W. Middle Creek Development Placeholder- - 500,000 - - - - Residences at Main Vail Opportunity Fee2,000,000 2,000,000 - - - - - Land Purchases for future Housing East Vail CDOT Parcel 2,000,000 2,775,000 - - - - Total Expenditures13,431,171 8,386,228 3,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Operating Income(5,161,171) (116,228) 4,325,000 4,248,750 4,376,213 4,507,499 4,642,724 Beginning Fund Balance (Transfer from CPF) 5,352,702 5,352,702 5,236,474 9,561,474 13,810,224 18,186,437 22,693,935 Ending Fund Balance191,531$ 5,236,474$ 9,561,474$ 13,810,224$ 18,186,437$ 22,693,935$ 27,336,659$ SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEHOUSING FUNDTOWN OF VAIL PROPOSED FIVE YEAR BUDGET36306 UNFUNDED**Costs are only estimates**VRA RETTCapital Projects FundDescriptionHousing Programs/ Projects/PartnershipsWest Middle CreekDevelopment/Purchase of East Vail CDOT PurchaseWest Vail Master Plan ProjectsMunicipal Building Remodel30,000,000 Civic Area Plan ImplementationA variety of funding & financing mechanisms are available depending on projects identifiedMain Vail Round-about Major Reconstruction3,600,000 Recent paving and I-70 Underpass project will extend the life of current roundaboutsWest Vail Round-about Major Reconstruction1,000,000 Recent paving and I-70 Underpass project will extend the life of current roundaboutsRoad Reconstruction1,100,000 Major improvements to various Vail roads that are reaching end of life (25-35 years) andpossible expansion of cul-de-sacsTimber Ridge Transit Stop Improvements2,000,000 Transit Stop Improvements to coincide with Timber Ridge RedevelopmentBooth Falls Turn Lane1,000,000 Turn Lane added due to increased enrollment at VMS; pending cost share with VMSBuffher Creek Turn Lane1,000,000 Turn Lane to Accommodate growing traffic needsCommunity Ice SkatingOutdoor community ice at some of Vail parks such as DonovanPW Housing6,000,000 Employee housing at Public Works siteTimber Ridge Redevelopment100,000,000 A variety of funding & financing mechanisms are available depending on projects identifiedFuture stages of PW Shops Master PlanNature Center6,000,000 Permanent Location for the Children's' Garden of Learning12,000,000 Estimated Cost to for new CGL facility ; projection for illistrative purpose onlyElectric Snowmelt BoilersBuilding Energy EfficienciesLibrary Energy Effecieny ProjectLionsHead Parking Structure East Entry Improvements3,600,000 Does not add spaces, but brings remainder of structure up to standards of new transit center and current codes; enhances guest experience; includes heated stairways on east side- will not be funded until the Civic Area Plan is completeGore Valley Trail near the Lionshead gondola2,300,000 Outcomes from the Ford Park Master PlanElectronic Directories in VillagesInformation and wayfinding Kiosks in Lionshead and Vail VillageElectronic car charging stations in parking structuresHigh powered charging stations in the parking structures - costs and grants being researchedTotal3,600,000 8,300,000 157,700,000 Eligible for funding from37307 PROJECT NARRATIVES 308 CAPITAL PROJECTS FUND  New Bus Shelters  2023  Project: New Bus Shelters  Location: East and West Vail  Budget: Narrative: The purpose of this project is to add new Bus Shelters in East Vail & West Vail at  the top ten busiest locations.  The project has been split into two, 5 each year.  1)Fire Station WB (11,700 boardings) 2)Main Gore/ Juniper (7,580) 3)Racquet Club Townhomes (6,304) 4)Red Sandstone Rd. (5,807) 5)Spruce Way  (5,614) 6)Columbine (5,450) 7)Bighorn Park (5,104) 8)Meadow Dr.  (4,714) 9)Underpass EB (2,630) 10)Main Gore/ Bighorn (2,500) Timeline: 2023,2024,2025  2023 2024 2025 Capital Cost $200,000 $200,000 $200,000 Maintenance Utilities Yes, Lighting Replacement 40+ Years 38 309 CAPITAL PROJECTS FUND Nugget Lane Bridge Rehabilitation/Replacement 2023 Project: Nugget Lane Bridge Rehabilitation/Replacement Location: East Vail, Nugget Lane over Gore Creek Budget: Narrative: This project was originally a major rehabilitation project including bridge widening. Recently this was discussed with Council to scale it back to a safety maintenance project. The purpose of this project now is to install new bridge rails meeting current safety standards, repair corrosion in the metal decking and repair undermining and erosion at the south abutment. Timeline: Design began in 2020 with construction likely in 2023. Image(s): 2023 Capital Cost $450,000 Maintenance No increase Utilities No Increase Replacement 50+ Years 39 310 CAPITAL PROJECTS FUND Bighorn Road Bridge and Approach Rails 2023 Project: Bighorn Road Bridge and Approach Rails Location: East Vail, Bighorn Road at the Pitkin Creek and Bighorn Creek Crossings Budget: Narrative: The purpose of this project is to replace the existing damaged guardrail approaches/departures and bridge rails on the culvert headwalls meeting current design and safety standards. Timeline: Design began in 2019 with construction likely in 2023. Project was advertised for construction in 2020, was not awarded due to Covid, deferred to future date. 2023 Capital Cost $500,000 Maintenance No increase Utilities No Increase Replacement 50+ Years 40 311 CAPITAL PROJECTS FUND Lupine Drive Bridge and Approach Rails 2023 Project: Lupine Drive Bridge and Approach Rails Location: East Vail, Lupine Drive at Gore Creek Crossing Budget: Narrative: The purpose of this project is to replace the existing damaged guardrail approaches/departures and bridge rails to meet current design and safety standards. Timeline: Design began in 2021 with construction likely in 2023. 2023 Capital Cost $450,000 Maintenance No increase Utilities No Increase Replacement 50+ Years 41 312 CAPITAL PROJECTS FUND Holy Cross Energy Overhead/Underground Electrical Conversion 2023 Project: Holy Cross Energy Overhead/Underground Electrical Conversion Location: Spraddle Creek Rd to Bald Mountain Rd Budget: Narrative: The purpose of this project is to relocate the existing overhead electrical line north of I-70 from Spraddle Creek Rd to Bald Mountain Rd to underground. New conduit will be installed north of the I-70 right-of-way from Spraddle Creek Rd to the Public Works Facility, in the S Frontage Rd from Ford Park to Aspen Lane and north of the I-70 Rd adjacent to the Bald Mountain neighborhood. Timeline: 2023 Construction 2023 Capital Cost $3.5M Maintenance No Increase Utilities No Increase Replacement 50+ Years 42 313 CAPITAL PROJECTS FUND Vail Bollard Installation 2023 Project: Vail Bollard Installation Program Location: Vail Village/Lionshead Village/Ford Park Budget: Narrative: The purpose of this project is to install a combination of permanent bollards, retractable bollards, and planters to control unauthorized vehicles from entering non-vehicular areas within Vail Village, Lionshead Village, and Ford Park. The Town received $250,000 of MMOF grant funds (50/50 match) to contribute toward this project in coordination with the E-Vail Courier loading and delivery program. Timeline: 2023-2025 Image(s): 2023 2024 2025 Capital Cost 650,000 650,000 650,000 Maintenance 5,000 Utilities Yes, Electric to Bollards Replacement 20+ Years 43 314 REAL ESTATE TRANSFER TAX  Shift E‐Bike Share Expansion/  E‐Bike Ownership Program 2023  Locations:  Throughout Town of Vail; New stations in 2023: Glacier Court, Buffehr Creek Bus  Stop, Timber Ridge, the Town’s municipal building  Budget: Narrative: The Shift Bike regional e‐bike share has been very successful in its inaugural year  with 6,412 trips taken in the first 3 months of the program. Since the program  started, staff has vetted 4 additional station locations requested by Vail  residents, including Glacier Court, Buffehr Creek Bus Stop, Timber Ridge, and the  municipal building. The cost to implement these additional stations and e‐bikes  in 2023 will be approximately $50,000, in addition to the annual cost of the   current system of $175,000. Staff will apply for grants to help reduce the overall  cost of the program.  Annual cost increases have been budgeted to increase the  current system of 12 stations and 60 bikes in 2022 to 20 stations and 95‐100  bikes in 2027.  Infrastructure upgrades have been identified to accommodate some of the  existing and new proposed stations. Staff has identified nine locations that  would be ideal to upgrade stations to gravel pads and bike racks where possible.  These include, Intermountain Pocket Park, Donovan Pavilion, Ellefson Park, Pitkin  Creek, Bighorn Park, Lionshead Transit Center and three new stations: Timber  Ridge, Buffehr Creek and Glacier Court. The estimated cost is $6,000 per station,  totaling $54K for 2023. Beyond 2023, one additional station per year will be  budgeted at $6,000 per year.  This project also includes costs for the E‐Bikes for Essentials    Town Council Priority (select and describe all applicable):  Community‐ The Shift Bike e‐bike share program improves transportation options while  reducing vehicle congestion and parking challenges. It provides the local community  with membership options to use an e‐bike to commute for short trips around town and  2023 2024 2025 2026 2027  Capital Cost $297,000 $255,000 $267,000 $279,000 $291,000  Annual Maintenance  Cost  $5,000  Utilities Cost $0  Replacement Year 2030  44 315 to neighboring communities rather than driving a personal vehicle or taking public  transportation.   Environmental‐ The Shift Bike program allows for increased opportunity to commute via  e‐bike, reducing vehicle miles traveled and associated greenhouse gas emissions helping  Vail work towards its climate goals of reducing emissions. The program also supports  the critical need for behavior change from cars to bikes.   Timeline: April‐May Gravel Pad installations each year  May  E‐Bikes delivered, and program becomes operational each   year               November  E‐Bike share goes into hibernation for the winter months  Ongoing E‐Bike rebates and ownership programs  Photo:   45 316 REAL ESTATE TRANSFER TAX Fire Free Five – Rebate Program 2023 Project: Fire Free Five Rebate Program Locations: Throughout the Town of Vail Budget: Narrative: The purpose of this the continuation of rebates for Vail property owners to implement a 5’ non-combustible zone around their commercial or residential properties. Owners may be reimbursed up to 75% of the cost of materials and labor to implement the Fire Free Five. Each property is limited to a single reimbursement up to specified limits based on property type. The property must implement the Fire Free Five fully around the entire building in order to be eligible. Town Council Priority (select and describe all applicable): Community Improves safety within our community for guests and residents Timeline: Ongoing through 2025 Photo: 2023 2024 2025 2026 2027 Capital Cost $225,000 $200,000 $200,000 Annual Maintenance Cost Utilities Cost NA Replacement Year NA 46 317 REAL ESTATE TRANSFER TAX Fire Free Five – Town of Vail Implementation 2023 Project: Fire Free Five Locations: Town-owned Buildings Budget: Narrative: The purpose of this project is to implement a 5’ non-combustible zone around all Town of Vail-owned buildings. Work on Priority 1 buildings was started in 2022 and will be completed in 2023, along with Priority 2 and 3 buildings. The work will include removal of trees and shrubs within 5’, pruning of trees and shrubs encroaching into the 5’ zone, placement of non-combustible mulch/rock, perennial areas, and/or irrigated turf. Some buildings such as Donovan Pavilion, Fire Station 2 and the Vail Municipal Building will be planted as Fire Free Five demonstration areas. The budget will also include funding to produce a Fire Free Five publication for the public to assist with the transition towards Fire Resistant Landscapes. Town Council Priority (select and describe all applicable): Community Improves safety within our community for guests and residents Timeline: Ongoing through late fall Photo: Samples of non-combustible landscapes 2023 2024 2025 2026 2027 Capital Cost $150,000 $25,000 $25,000 Annual Maintenance Cost $5000 Utilities Cost NA Replacement Year NA 47 318 REAL ESTATE TRANSFER TAX Ford Park Synthetic Turf Infield Replacement 2023 Project: Ford Park Synthetic Turf Infield Replacement Locations: Ford Park Softball Fields Budget: Narrative: The synthetic turf infields at Ford Park were installed in 2012 with an industry- wide expected life of 7 years. Through a shorter season of play and high-quality maintenance provide by the Vail Recreation District (VRD), the replacement was postponed for an additional 3 years. This project will be managed by the VRD and funded by the Town of Vail. The proposed budget amount is based on a current cost of $428K provided by the installer with an added contingency for unforeseen conditions. Town Council Priority (select and describe all applicable): Community Timeline: Spring 2023 Photo: 2023 2024 2025 2026 2027 Capital Cost $472,000 Annual Maintenance Cost Utilities Cost Replacement Year 2033 48 319 CAPITAL PROJECTS FUND  Roundabout Lighting Project  2023  Project: Roundabout Lighting Project  Location: I‐70 Exits 173 and 176  Budget: Narrative: The purpose of this project is to install new lighting at the West Vail and Vail  Town Center roundabouts to improve pedestrian safety.  The existing 40’ tall  light poles will be replaced with 30’ poles with new LED lights and additional  lights installed at the pedestrian crossing where none exist today.  This project  also facilitates the installation of smart transportation equipment like traffic  cameras.  This project could be completed in one year or split into two phases, Vail Town  Center and West Vail.  Timeline: Design began in 2018 with construction in 2023 and 2024  2023 2024 Capital Cost $1,750,000 $1,250,000 Maintenance Additional Lightpoles Utilities No Increase, LED Replacement 50+ Years 49 320 CAPITAL PROJECTS FUND Bus Wash Replacement Project 2023 Project: Bus Wash Replacement Locations: Public Works/Bus Barn Budget: Narrative: This project is to replace the current bus wash which poses many difficulties with maintenance and operations. The current wash is frequently inoperable despite the Fleet and Facilities teams work to keep it running. We would like to budget to replace our current gantry roll over style wash with a drive through with brushes. The image below shows an example of the drive through style wash. This will have fewer moving parts and should be more reliable. Town Council Priority (select and describe all applicable): Community and Experience. Clean buses are safer and make a better impression on our guests. Timeline: RFP in December 2022 and installation winter of 2023 Photo: 2023 2024 2025 2026 2027 Capital Cost $300,000 Annual Maintenance Cost $15,000 Utilities Cost Replacement Year 2033 50 321 CAPITAL PROJECTS FUND Fire Sprinkler Upgrades at the Bus Barn 2023 Project: Fire Sprinkler Upgrades at the Bus Barn Locations: Public Works Shop Complex Budget: Narrative The existing fire sprinkler system in the bus barn is not adequate to suppress a battery fire should it occur in one of the electric busses. Electric vehicles and batteries burn much hotter and longer than gas powered vehicles. Facilities is coordinating with the Fire Marshall to have a new system engineered and installed that would be able to handle such a fire. This project is budgeted at $100,000 in 2023 for engineering design and $500,00 in 2024 for installation. Town Council Priority (select and describe all applicable): Protection: The installation of this new system is imperative to protect the towns investment in electric buses and protection of the towns building Timeline: 2023 Design Work 2024 Project Installation 2023 2024 2025 2026 2027 Capital Cost $100,000 $500,000 Annual Maintenance Cost Utilities Cost Replacement Year 2024 51 322 OTHER FUNDS 323 2021 2022 2022 Proposed Actual Budget Amended 2023 Revenue Business Licenses 340,488$ 345,000$ 345,000$ 345,000$ Transfer in from General Fund 2,000,000 2,490,600 2,425,085 1,500,000 VLMD Contribution - - - 1,200,000 Event Reimbursements/Shared Costs - - 152,500 - Earnings on Investments 239 1,000 1,000 250 Total Revenue 2,340,727 2,836,600 2,923,585 3,045,250 Expenditures Commission on Special Events (CSE) 958,178 CSE Funded Events 610,457 759,648 759,648 CSE Surveys 54,000 54,000 Education & Enrichment 158,880 154,530 144,530 Signature Events:1,151,782 Bravo!210,355 311,657 311,657 Vail Jazz Festival 75,000 85,000 85,000 Vail Valley Foundation - Mountain Games 98,000 140,000 140,000 Vail Valley Foundation - GRFA 52,500 55,125 55,125 Vail Valley Foundation - Dance Festival 38,245 60,000 60,000 Snow Days 300,000 300,000 300,000 Spring Back to Vail - 300,000 - Town Produced Events:624,000 Vail Apre Spring Series - - 250,000 Employee Celebration & Concert - - 75,000 Magic of Lights 50,000 50,000 50,000 Revely Vail 114,735 145,000 145,000 Vail Holidays Funding 23,435 25,000 25,000 Vail America Days 33,392 80,000 80,000 NYE/4th of July Display 16,000 52,015 116,000 Ambient Event Funding: Music in the Villages 300,000 250,000 250,000 250,000 Cultural Heritage: Pioneer Weekend - - 8,000 - National Brotherhood of Skiers - - - 125,000 Other Council Funded Events Collection Fee - General Fund 17,024 17,250 17,250 17,250 Total Expenditures 2,318,102 2,839,225 2,926,210 3,126,210 Revenue Over (Under) Expenditures 22,625 (2,625) (2,625) (80,960) Beginning Fund Balance 387,124 372,374 409,749 407,124 Ending Fund Balance 409,749$ 369,749$ 407,124$ 326,164$ TOWN OF VAIL 2023 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING & SPECIAL EVENTS FUND 52 324 Proposed 2021 2022 2022 2023 Actual Budget Amended Budget Revenue Town of Vail Interagency Charge 3,317,946$ 3,897,518$ 3,897,518$ 4,224,129$ Insurance Reimbursements & Other 20,203 10,000 10,000 25,000 Earnings on Investments (1,914) 2,000 2,000 810 Equipment Sales and Trade-ins 215,261 126,890 126,890 294,238 Total Revenue 3,555,065 4,036,408 4,036,408 4,544,177 Expenditures Salaries & Benefits 1,035,380 1,224,934 1,273,328 1,344,321 Operating, Maintenance & Contracts 1,412,274 1,850,198 2,087,098 2,102,307 Capital Outlay 892,592 1,055,000 1,545,796 1,355,886 Total Expenditures 3,340,246 4,130,132 4,906,222 4,802,514 Revenue Over (Under) Expenditures 214,819 (93,724) (869,814) (258,337) Transfer In from General Fund - - 48,394 - Beginning Fund Balance 2,284,414 2,118,869 2,499,233 1,677,813 Ending Fund Balance 2,499,233$ 2,025,145$ 1,677,813$ 1,419,476$ Proposed 2021 2022 2022 2023 Actual Budget Forecast Budget Revenue Town of Vail Interagency Charge - Premiums 4,600,000$ 4,748,921$ 4,498,978$ 4,748,921$ Employee Contributions 867,788 963,081 842,393 963,081 Insurer Proceeds 33,725 30,000 30,000 30,000 Earnings on Investments (3,912) 35,000 1,000 15,000 Total Revenue 5,497,600 5,777,002 5,372,371 5,757,002 Expenditures Health Insurance Premiums 1,382,167 1,838,004 1,530,820 1,690,000 Claims Paid 3,788,143 4,529,721 4,299,560 4,597,739 Wellness Bonus 51,720 78,000 70,000 78,000 Professional Fees 45,855 58,820 58,820 118,820 Total Expenditures 5,267,884 6,504,545 5,959,200 6,484,559 Revenue Over (Under) Expenditures 229,716 (727,543) (586,829) (727,557) Beginning Fund Balance 4,216,989 4,446,705 4,446,705 3,859,876 Ending Fund Balance 4,446,705$ 3,719,162$ 3,859,876$ 3,132,319$ HEALTH INSURANCE FUND TOWN OF VAIL 2023 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND TOWN OF VAIL 2023 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE 53 325 Proposed 2021 2022 2022 2023 Actual Budget Amended Budget Revenue E911 Board Revenue 874,606$ 956,272$ 956,272$ 1,067,535$ Interagency Charges 1,224,136 1,298,899 1,298,899 1,444,427 Other County Revenues 284,097 - 10,506 - Town of Vail Interagency Charge 616,306 652,938 652,938 669,317 Earnings on Investments and Other (995) 2,000 2,000 658 Total Revenue 3,071,967 2,910,109 2,920,615 3,181,937 Expenditures Salaries & Benefits 2,170,279 2,376,337 2,490,335 2,579,635 Operating, Maintenance & Contracts 443,290 555,065 555,065 593,611 Capital Outlay 634,859 20,174 30,680 87,528 Total Expenditures 3,248,429 2,951,576 3,076,080 3,260,774 Revenue Over (Under) Expenditures (176,461) (41,467) (155,465) (78,837) Transfer In from General Fund 171,945 - 113,998 - Beginning Fund Balance 1,863,233 1,453,340 1,686,772 1,531,307 Ending Fund Balance 1,686,772$ 1,411,873$ 1,531,307$ 1,452,470$ TOWN OF VAIL 2023 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 54 326 Proposed 2021 2022 2022 2023 Actual Budget Amended Budget Revenue Rental Income 1,734,323$ 1,812,841$ 1,812,841$ 1,865,753$ Other Income 28,752 20,219 20,219 14,724 Total Revenue 1,763,075 1,833,060 1,833,060 1,880,477 Expenditures Operating, Maintenance & Contracts 501,148 486,516 486,516 515,617 Capital Outlay 11,216 7,050 7,050 - Total Expenditures 512,364 493,566 493,566 515,617 Operating Income 1,250,711 1,339,494 1,339,494 1,364,860 Non-operating Revenues (Expenses) Interest on Investments 114 480 480 180 Loan Principal Repayment to Capital Projects Fund (2,283,969) (389,728) (389,728) (392,607) Interest Payment to Capital Projects Fund (76,951) (73,315) (73,315) (70,392) Total Non-operating Revenues (Expenses)(2,360,806) (462,563) (462,563) (462,819) Revenue Over (Under) Expenditures (1,110,095) 876,931 876,931 902,041 Beginning Fund Balance 2,293,309 1,183,214 1,183,214 2,060,145 Ending Fund Balance 1,183,214$ 2,060,145$ 2,060,145$ 2,962,186$ TOWN OF VAIL 2023 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND 55 327 2022 2022 2023 Budget Amended Proposed Revenue Rental Income - - 725,802 Other Income - - 48,000 Total Revenue - - 773,802 Expenses Operating, Maintenance & Contracts - - 362,305 Capital Outlay - 27,463,201 - Total Expenditures - 27,463,201 362,305 Revenue Over Expenses - (27,463,201) 411,497 Other Financing Sources (Uses) Principal Repayment (315,000) (315,000) (415,000) Interest Expense (905,578) (905,578) (800,388) Transfer from Capital Projects Fund - 6,144,204 825,000 Total Other Financing Sources (Uses)(1,220,578) 4,923,626 (390,388) Change in Net Position (1,220,578) (22,539,575) 21,109 Net Position- Beginning 21,560,619 22,539,575 - Net Position- Ending 20,340,041$ -$ 21,109$ TOWN OF VAIL 2023 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE RESIDENCES AT MAIN VAIL 56 328 Ordinance No. 22, Series of 2022 ORDINANCE NO. 22 SERIES OF 2022 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2023 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1.The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2.Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2023, and ending on the 31st day of December, 2023: FUND AMOUNT General Fund $54,471,505 Capital Projects Fund 25,914,602 Real Estate Transfer Tax Fund 8,131,461 Housing Fund 3,500,000 Vail Marketing Fund 3,126,210 Heavy Equipment Fund 4,802,514 Dispatch Services Fund 3,260,774 Health Insurance Fund 6,484,559 Residences at Main Vail Fund 1,577,693 Timber Ridge Enterprise Fund 978,616 Total 112,247,505 Less Interfund Transfers (16,600,309) Net Expenditure Budget 95,647,625 329 Ordinance No. 22, Series of 2022 3.The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2023 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4.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. 5.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. 6.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. 7.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2022. A public hearing shall be held hereon on the 6th day of December, 2022, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: __________________________ Stephanie Bibbens, Town Clerk 330 Ordinance No. 22, Series of 2022 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of December. _____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk 331