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HomeMy WebLinkAbout2023-05-16 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 2.Any action as a result of Executive Session 3.Youth Scholarship Recognition 3.1 Town of Vail Scholarship Program Recognitions 5 min. The Town of Vail has offered a financial scholarship program for Vail seniors who have achieved academic excellence and leadership success and commitment to the Vail community. The scholarship is to help fund students who are pursuing their next chapter in life at either a college, university, or technical school. The 2023 award will be given to two Battle Mountain High School senior students, Phillip D'Andrea and Audrey Knight. Presenter(s): Kim Langmaid, Mayor 3.2 Colorado Grand Scholarship Award Recognition 5 min. The Colorado Grand offers an annual scholarship program to students attending local schools in Eagle County. Edward O'Brien, representing Colorado Grand, will recognize Fiona Lloyd, a senior student who attends Battle Mountain High School, and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. Presenter(s): Kim Langmaid, Mayor and Edward O'Brien, Colorado Grand Representative 3.3 Mauri Nottingham Excellence in Environmental Sustainability Scholarship Award 5 min. The Town of Vail created the Mauri Nottingham Environmental Quality Award to honor the creator of the valley’s “We Recycle” program and his financial contributions, and recognize VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually via Zoom. Zoom meeting link: https://us02web.zoom.us/webinar/register/WN_WgtjfYG7TD6HqceCKpJAQg 6:00 PM, May 16, 2023 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. 1 outstanding environmental programs or efforts in the community. This scholarship program is intended to provide recognition and financial support to qualified Town of Vail residents, students who attend school in the Town of Vail, or those who are employed in the Town of Vail interested in pursuing education and careers in the field of Environmental Sustainability. Academic programs can include bachelors or certificate programs at accredited colleges or universities, online programs, or attendance at local symposiums. The 2023 award will be given to Jessica Garofalo who is enrolled as a Sophomore at Santa Clara University. Presenter(s): Kim Langmaid, Mayor 4.Proclamation 4.1 Proclamation No. 6, Series of 2023, "Marcie Laidman Day"5 min. Read proclamation into the record. Presenter(s): Kim Langmaid, Mayor Background: Marcie Laidman is retiring as the principal from Red Sandstone Elementary school after 10 years. 5.Appointments for Boards and Commissions (5 mins.) 5.1 Design Review Board (DRB) Appointments Motion to appoint one member to serve on the DRB for a partial term ending March 31, 2024. Presenter(s): Kim Langmaid, Mayor 6.Appointments for Vail Local Housing Authority (5 min.) 6.1 Vail Local Housing Authority (VLHA) Appointments Motion to appoint one member to service on the VLHA for a five year term ending May 31, 2028. Presenter(s): Kim Langmaid, Mayor 7.Consent Agenda (5 min.) 7.1 April 4, 2023 TC Meeting Minutes 7.2 April 18, 2023 TC Meeting Minutes 7.3 Resolution No. 17, Series of 2023, A Resolution of the Town of Vail Town Council Approving the Grant of an Easement to the Eagle River Water and Sanitation District Approve, approve with amendments, or deny Resolution No. 17, Series of 2023. Background: The Eagle River Water and Sanitation District is requesting an easement from the town to install and maintain water lines to the Town of Vail Public Works building. Proclamation_No._6__Series_of_2023.docx 040423 TC Meeting Minutes.pdf 041823 TC Meeting Minutes.pdf 2 7.4 Resolution No. 18, Series of 2023, A Resolution of the Town of Vail Town Council Approving a Sewer Easement between the Town of Vail and the Eagle River Water and Sanitation District, and Vacating the Existing Sewer Easement. Approve, approve with amendments, or deny Resolution No. 18, Series of 2023. Background: The Town wishes to grant a sewer easement to the Eagle River Water and Sanitation District, pursuant to the terms of the Sewer Easement 7.5 Contract Award to Morton Electric INC to Complete the Roundabout Lighting Improvements at Exit 176 Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Morton Electric Inc, to complete Roundabout Lighting Improvements at Exit 176, not to exceed $1,600,000.00. Background: The project’s goal is to upgrade the lighting in the Vail Town Center roundabouts to meet current lighting safety standards for both vehicles and pedestrians in a roundabout. The current lighting does not meet these standards particularly at the pedestrian crossings. 7.6 Contract Award to SGM, INC to Complete the Subsurface Utility Engineering Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with SGM, INC to complete the Subsurface Utility Engineering in the amount not to exceed $75,000.00. Background: This work is in preparation for the Town to continue installation of the town's fiber optic backbone by installing conduit from Fire Station #3 in West Vail to Lionshead along the S. Frontage Road and the Gore Valley Trail. 7.7 Contract Award to Advanced Network Management (ANM) to Purchase Support for the Dell VXR Hyperconverged Infrastructure System Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Advanced Network Management to purchase support for our Dell VXRail hyperconverged infrastructure system, in the amount not to exceed $150,000. Background: The town purchased this hardware in 2017 with a 5-year support agreement, which expired in June of last year Public Works Easement-R051623.docx Resolution for PW Shop waterline easement attachmet (002).pdf 1144 ESMT EXB.pdf RMV - Sewer Easement .docx Sewer Easement docs combined.pdf council memo-roundabout lighting.docx council memo-Fiber SUE.docx 3 and purchased an additional year of support through Advanced Network Management last year, and would like to purchase another year of support. 7.8 Contract Award to Rocky Mountain Landscapes for the Installation of Landscape Buffer Work as Part of the Fire Free Five Program Authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $57,300 for the installation of Landscape Buffer Work as part of the Fire Free Five program. Background: In the spring of 2022, the Town Council recommended that efforts should be made to bring town- owned buildings into compliance with the Fire Free Five concepts proposed by Vail Fire. During 2022, all town-owned structures were evaluated, then prioritized for implementation. 8.Town Manager Report (10 min.) 8.1 Council Matters Status Report 8.2 SB 23-213 The Manager will provide an update on SB 23-213, which died at the end of the last legislative session. 8.3 Vail Valley Foundation Car Sponsorship The Manager will provide an update on the car sponsorship opportunity with the Vail Valley Foundation. 8.4 Council Strategic Goals Update The Manager will provide an update on progress for the Council Strategic Goals. 8.5 Other Updates The Town Manager may also have other updates to provide the Town Council to ensure timely communication. 9.Action Items 9.1 Resolution No. 19, Series of 2023, Timber Ridge Development Agreement 30 min. Approve, approve with amendments, or deny Resolution No. 19, Series of 2023. Presenter(s): George Ruther, Housing Director Background: Timber Ridge Village Apartments Redevelopment Committee has been tasked with negotiating a development agreement for the redevelopment of Timber Ridge. Advanced Network Management Dell VXRail Agreement.pdf TC Memo - Landscape Buffer Work Fire Free Five 5-16-23.pdf 230516 Matters.docx Priority Vail Town Council Goals for 2023.pdf Resolution No 19 Series of 2023 Timber Ridge Village Apartments Development 4 9.2 Resolution No. 20, Series of 2023, Operating Agreement for Residences at Main Vail 20 min. Approve, approve with amendments, or deny Resolution No. 20, Series of 2023. Presenter(s): Kathleen Halloran, Deputy Town Manager Background: The purpose of this discussion is to present the Residences at Main Vail property management agreement between the Town of Vail and Triumph Mountain Properties. 9.3 East Vail Hiker Shuttle Pilot Program 15 min. Approve, approve with amendments, or deny funding to the East Vail Hiker Shuttle. Presenter(s): Chris Southwick, Mobility Innovation Coordinator and Jordan Winters, Transit Operations Manager Background: Provide Town Council an update to the East Vail Hiker Shuttle Pilot Program and request funding to allow staff to start implementing the program while we wait for an official announcement on grant funding. 9.4 Ordinance No. 11, Series 2023, First Reading, An Ordinance of the Town Council Amending Section 1-5- 11(A)(1) of the Vail Town Code Regarding Meetings of the Town Council 5 min. Approve, approve with amendments, or deny Ordinance No. 11, Series 2023 upon first reading. Presenter(s): Matt Mire, Town Attorney Background: The Town wishes to update the Town Code regarding the meetings of the Town Council. 10.Public Hearings 10.1 Ordinance No. 9, Series of 2023, Second Reading, An Ordinance of the Town Council Repealing and Reenacting Section 7-10-9 of the Vail Town Code, Concerning the Penalty for Violations of Certain Commercial Transportation Regulations 5 min. Approve, approve with amendments, or deny Ordinance No. 9, Series 2023 upon second reading Presenter(s): Commander Matt Westenfelder, Vail Police Department Background: The police department is requesting to change the penalty section of the passenger transportation ordinance. Agreement 05162023.docx TR Neighborhood DA-R051123.docx Triumph DA-A051123.pdf Repayment Slide.pptx 230516 RMV Ops Agr.docx Resolution No. 20 - RMV Operating Agreement_.doc RMV Mgmt-A050923kh.docx 5_16_2023 Hiker Shuttle Memo.docx Council Meetings-O051123.docx 5 The current penalty section is cumbersome and causes confusion. The existing section would be replaced by Section 1-4-1, which governs the majority of ordinances. 10.2 Ordinance No. 10, Series of 2023, Second Reading, An Ordinance of the Town Council of the Town of Vail, Colorado Amending the Definition of Unclaimed Property under the Vail Town Code 5 min. Approve, approve with amendments, or deny Ordinance No. 10, Series 2023 upon second reading. Presenter(s): Commander Lachlan Crawford, Vail Police Department Background: The police department is requesting a change to the lost property ordinance. We would like to change the 180 day waiting period for found property to 90 days. This will not affect jewelry or currency which will remain at 180 days. 11.Adjournment 8:15pm (estimate) Transpo Regulations.pdf Comm_Trans_Penalty-O041923.pdf Unclaimed Property.pdf Unclaimed_Property-O042023.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:May 16, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Youth Scholarship Recognition SUBJECT:Town of Vail Scholarship Program Recognitions SUGGESTED ACTION:The Town of Vail has offered a financial scholarship program for Vail seniors who have achieved academic excellence and leadership success and commitment to the Vail community. The scholarship is to help fund students who are pursuing their next chapter in life at either a college, university, or technical school. The 2023 award will be given to two Battle Mountain High School senior students, Phillip D'Andrea and Audrey Knight. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 7 AGENDA ITEM NO. 3.2 Item Cover Page DATE:May 16, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Youth Scholarship Recognition SUBJECT:Colorado Grand Scholarship Award Recognition SUGGESTED ACTION:The Colorado Grand offers an annual scholarship program to students attending local schools in Eagle County. Edward O'Brien, representing Colorado Grand, will recognize Fiona Lloyd, a senior student who attends Battle Mountain High School, and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. PRESENTER(S):Kim Langmaid, Mayor and Edward O'Brien, Colorado Grand Representative VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 8 AGENDA ITEM NO. 3.3 Item Cover Page DATE:May 16, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Youth Scholarship Recognition SUBJECT:Mauri Nottingham Excellence in Environmental Sustainability Scholarship Award SUGGESTED ACTION:The Town of Vail created the Mauri Nottingham Environmental Quality Award to honor the creator of the valley’s “We Recycle” program and his financial contributions, and recognize outstanding environmental programs or efforts in the community. This scholarship program is intended to provide recognition and financial support to qualified Town of Vail residents, students who attend school in the Town of Vail, or those who are employed in the Town of Vail interested in pursuing education and careers in the field of Environmental Sustainability. Academic programs can include bachelors or certificate programs at accredited colleges or universities, online programs, or attendance at local symposiums. The 2023 award will be given to Jessica Garofalo who is enrolled as a Sophomore at Santa Clara University. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 9 AGENDA ITEM NO. 4.1 Item Cover Page DATE:May 16, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Proclamation AGENDA SECTION:Proclamation SUBJECT:Proclamation No. 6, Series of 2023, "Marcie Laidman Day" SUGGESTED ACTION:Read proclamation into the record. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Proclamation_No._6__Series_of_2023.docx 10 PROCLAMATION NO. 6 SERIES OF 2023 Recognizing June 1, 2023 as “Marcelle “Marcie” Laidman Day” WHEREAS,Marcie Laidman has been employed by the Eagle County School District for 29 years and the last 10 years has been the principal at Red Sandstone Elementary School; WHEREAS,Marcie Laidman lead the team through the remodel of the school and helped everyone survive Camp Minturn when they were moved to Maloit Park while the school was being renovated; WHEREAS,Marcie Laidman helped her classes navigate COVID through remote learning and creative playground and lunch-time protocols; WHEREAS,Marcie Laidman knows all her student’s names (no small feat with 240 students); WHEREAS,Marcie Laidman takes pride in welcoming her students each day and facilitating pick-up every afternoon, greeting parents and her wishing students well; and WHEREAS,Marcie Laidman has the respect of all the teachers and administrative staff for not asking anything of them that she herself wouldn’t do. NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim Thursday, June 1st, 2023, as Marcie Laidman Day in the Town of Vail. Dated this 16th day of May 2023. Vail Town Council Attest: ___________________________ Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk 11 AGENDA ITEM NO. 5.1 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Appointments for Boards and Commissions (5 mins.) SUBJECT:Design Review Board (DRB) Appointments SUGGESTED ACTION:Motion to appoint one member to serve on the DRB for a partial term ending March 31, 2024. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 12 AGENDA ITEM NO. 6.1 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Steph Johnson ITEM TYPE:Main Agenda AGENDA SECTION:Appointments for Vail Local Housing Authority (5 min.) SUBJECT:Vail Local Housing Authority (VLHA) Appointments SUGGESTED ACTION:Motion to appoint one member to service on the VLHA for a five year term ending May 31, 2028. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 13 AGENDA ITEM NO. 7.1 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:April 4, 2023 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 040423 TC Meeting Minutes.pdf 14 Town Council Meeting Minute s of April 4, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, April 4, 2023 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid . Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Kevin Foley Pete Seibert Barry Davis Jen Mason Members absent: Jonathan Staufer Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manger Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation Sarah Smith-Hymes, a resident of Avon, CO, introduced herself as a candidate for the district 4 seat on the Eagle River Water and Sanitation District board. Chris Neuswanger introduced himself as a candidate for the District 4 seat on the Eagle River Water and Sanitation District board. Ross Leonhart, Vail Valley Foundation, encouraged the council and community to attend the “Apres at the Amp” event at the Gerald R. Ford Amphitheater. Tom Vucich, a Vail resident, thanked the Town for a successful Community Meeting the prior week and addressed Council regarding the updated Open Lands Plan and the status of additional potentially sensitive parcels. 2. Any action as a result of executive session There was none. 3. Appointments for Boards and Commissions 3.1 Building and Fire Code Appeals Board (BFCAB) 15 Town Council Meeting Minute s of April 4, 2023 Page 2 Presenter(s): Kim Langmaid, Mayor Motion to reappoint Mark Hallenbeck, Kathy Langenwalter, and Gerald Meremonte to serve on the B&FCAB for a four-year term ending on March 31, 2027. Coggin made a motion to reappoint Mark Hallenbeck, Kathy Langenwalter, and Gerald Meremonte to serve on the B&FCAB for a four-year term ending on March 31, 2027; Davis seconded motion passed (6-0). 4. Consent Agenda 4.1 Resolution No. 13, Series of 2023, A Resolution of the Town of Vail Adopting an Investment Policy for the Vail Local Marketing District. Approve, approve with amendments, or deny Resolution No. 13, Series of 2023 Background: Please see the attached memo. Foley made a motion to approve Resolution No. 13, Series of 2023; Davis seconded motion passes (6-0). 4.2 Contract Award to DCJ Construction Inc. for the Remodel of North Trail Townhome, Unit D Authorize the Town Manager to execute a construction contract with DCJ Construction, Inc. in a not-to-exceed amount of $62,500. The total cost of the work is included in the first budget supplemental of 2023. Background: The Vail Town Council authorized the purchase of Unit D, North Trail Townhomes, subject to Resolution No. 60, Series of 2022. The objective of the purchase was to acquire the home, complete a much-needed remodel of the home, and subsequently sell the updated, deed-restricted home in a community lottery. The Town of Vail acquired the home for approximately $307,000. The total cost of the repairs and remodel work (materials and labor) is $125,000. 4.3 Letter of Support for FTA Low or No Emission Grant Program for Town of Avon Approve letter of support. Background: Support the Town of Avon’s effort to pursue the FTA Low or No Emission grant to replace a diesel bus with a 35’ electric bus. Mason made a motion to approve, Coggin seconded motion passed (6-0). 5. Town Manager Report 5.1 Town Manager Report 16 Town Council Meeting Minute s of April 4, 2023 Page 3 5.2 Vail Town Council Priority Goals for 2023 5.3 Council Matters and Status Report Forrest gave an update on the status of SB23-23, the proposed land use code regulations that support housing and explained the State Land Board hosted a meeting earlier in the day to discuss the potential for a multi-jurisdictional housing development on a piece of property in Eagle-Vail. 6. Action Items 6.1 Mountain Haus Permission to Proceed Presenter(s): Jonathan Spence, Planner Approve, approve with amendments, or deny permission to proceed. Background: The owner of the Mountain Haus, located at 292 East Meadow Drive, represented by K.H. Webb Architects, requests permission to proceed through the Design Review process to increase the area of Town of Vail property previously approved for the location of A/C equipment. Staff Recommendation: Evaluate the proposal to utilize Town of Vail property for the addition of air conditioning units and screening servicing the Mountain Haus building. This utilization of Town of Vail property would be subject to the terms of a revised license agreement and could be discontinued and removed if required to do so. Spence explained in 2020 the Mountain Haus was granted permission to proceed for air conditioning condensers on the town property and the previous approved area was not adequate for the equipment. The Moun tain Haus was requesting an expanded area from 73sqft to 115sqf and offered a $10,000 contribution toward stream tract improvements. Spence stated staff would like to see the contribution go toward a landscap e plan that was prepared by a licensed landscape architect and approved by DRB for improvements along the north and west side of the structure on town property. Kyle Webb, from K.H. Webb Architects, explained they were asking for an increase about 40sqft and agreed to contribute funds to clean up the stream tract behind the building. Langmaid explained because of the prominent location of the request, she would like DRB and an appropriate landscape planner’s input on the plan. Coggin expressed he would not support the permission to proceed, but if other Council members supported the item, he would ask to go with the staff recommendation Spence previously discussed. Council members agreed a landscape plan should be a part of the approval. 17 Town Council Meeting Minute s of April 4, 2023 Page 4 Spen ce clarified the staff recommendation was the applicant would work with Gregg Barrie, the Town’s Landscape Architect to submit a plan to the DRB for approval and that approval would be subject for Council call up like all other DRB applications. Langmaid asked if the plan were to be approved, would there be a condition that the application had to maintain the areal to the same standard and pay for it. Spence stated the condition could be added as a condition of approval by the DRB. Davis asked if the Council would still require the $10,000 contribution for the stream tract improvements. Mason made a motion to approve the permission to proceed with the conditions that the applicant work with the Town ’s Landscape Architect, Gregg Barrie, to submit a landscape plan to be approved by the DRB, to pay to maintain the area as long as the improvements exist and to contribute $10,000 to stream tract improvements; Foley seconded motion passed (4-2 Langmaid and Coggin opposed). 6.2 Ordinance No. 7, Series of 2023, First Reading, An Ordinance of the Vail Town Council Repealing and Reenacting Section 12-3-3 of the Vail Town Code to Simplify and Clarify the Procedures for Land Use Appeals Approve, approve with amendments, or deny Ordinance 7, Series of 2023 upon first reading. Presenter(s): Jamie Leaman -Miller, Planner Background: The purpose of Ordinance 7, Series of 2023 is to amend Section 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals. The existing section will be repealed in its entirety and replaced with the proposed language. Commander Liffick explained the ordinance addressed concerns the Vail Police Department had with armed private security guards in reference to special events in Vail Village and in the businesses in town. Leaman-Miller explained the ordinance was to update section 12-3-3, which would improve efficiency and clarity of the appeals process. He summarized the general changes which included: • Reinsert “adversely affected person” to certain sections • Adjusted deadline for filing appeals and scheduling a hearing • Review body or Council may adopt procedures for public hearing • Removed appeal form reference and consolidated fee section • 7-day appeal for administrator to determine standing, not subject to further appeal • Proposed to relocate Council “call-ups” to section C. Leaman-Miller also explained the Planning and Environmental Commission recommended Council approve the ordinance upon first reading. Foley cla rified the ordinance updated the appeals process and cleaned up the language. 18 Town Council Meeting Minute s of April 4, 2023 Page 5 Mire stated, other than minor tweaks, nothing changed regarding people’s rights to appeal, except if it was determined there wasn’t standing, the decision wouldn’t be appealable anymore. Coggin asked for the definition of an adjacent owner and expressed concerns regarding notification to just the HOA as being insufficient and wanted all the owners that weren’t fractional owners notified. Mire explained the definition of adjacent in this case was shared property line and clarified Coggin wanted notifications, regarding adjacency for shared communities, notification to go out to every member. Coggin stated he thought, other than fractional property owners, it would be only fair to notify everyone in the complex, not just the HOA. Mire state staff could accomplish those notifications and the persons no tified would be based off what the assessor stated at the time of the application. Coggin also requested during the appeal hearing, the hearing should be just between the appellant and the appellee, the public should not be able to weigh in on the appeal. Mire explained an appeal is a specific legal process in front of a board and the ordinance to adopt an appeal procedure would be on a future meeting. Mire also stated the concept of only appellants and appellees could present during an appeal was important to be codified and would talk to staff to see where it would fit in the code. Council members also asked for the “call up” criteria be better defined. Mire explained a better definition for the criteria for “call up” would be difficult since Council could only make a decision for a “call up” based off meeting minutes. Council would receive all materials of the application after the decision to call up an appeal was made. Langmaid mentioned the compatibility regarding neighborhood and environment was not specific enough to include wildlife and ecological services and systems. Mire explained staff could address criteria concerns in a different ordinance and that the current ordinance just dealt with the appeals process. Seibert asked if there would be more procedures adopted. Mire stated he would be drafting a generic set of rules for appeal hearings and public hearings that would set the standards Council has already shared, reminding Council prior to any hearing they always had the right to adopt specific rules for a specific hearing. Public comment was called. There was none. Coggin made a motion to approve subject to changes for the notification process and the parties allowed to present in an appeal hearing; Davis seconded motion passed (6-0). 19 Town Council Meeting Minute s of April 4, 2023 Page 6 Mire stated he would come back at second reading with the mentioned changes. 7. Public Hearings 7.1 Ordinance 6, Series of 2023, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects fun, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Timber Ridge Fund, and Residences at Main Vail Fund of the 2023 Budget for the Town of Vail, Colorado; and Authorizing the Said Adjustments as Set forth Herein; and Setting forth Details in Regard Thereto. Approve, approve with amendments, or deny Ordinance No. 6, Series 2023 upon second reading. Presenter(s): Alex Jakubiec, Budget Analyst and Short-Term Rental Manager; Carlie Smith, Finance Director Background: Please see attached memorandum. Jakubiec explained since the first reading, there were minor additional requests made that were outlined in the memo and asked if there were any questions before Smith went over requests made be the Vail Religious Founda tion. Smith reminded Council they awarded the Vail Religious Foundation $500,000 towards the capital renovation of the Vail Chapel in the 2022 contributions process and in May of 2022, Council approved the chapel’s request to release $250,000 of the $500,000 to be available immediately leaving the remaining $250,000 as “last in”. Smith went on to explain the Vail Religious Foundation was requesting the remaining $250,000 of the Town’s 2022 contribution be released instead of holding until “last in” to support the cash flow of the project and asked was re -requesting an additional $1M that would go towards construction and campaign expenditures. Smith recapped as part of the 2023 contribution process, Council gave the direction to table the request and revisit after the 1st quarter and the Vail Religious Foundation was making the request to accelerate the final stage of the campaign and ensure the construction was completed in a timely manner. Foley expressed he felt the Town made a substantial donation to begin with and the Town should stay with the original amount. Langmaid reminded everything the Inter-Faith Chapel was a multi-use and iconic facility. Seibert inquired the reason for the extra request and asked if donations were slowing down. Smith stated the Vail Religious Foundation reported their donations were still coming in steadily and the request was more to help cash flow the project. 20 Town Council Meeting Minute s of April 4, 2023 Page 7 Davis voiced concerns regarding the additional amount requested. Mason suggested giving the foundation an add itional $250,000, for a total contribution of $750,000. Langmaid stated $750,000 would be a 12% contribution and she would be comfortable with a 20% contribution but not 25%. Coggin explained he would be comfortable releasing the original $250,00 0 early to help with cash flow and another $250,000 as “last in” dollars. Langmaid asked if Council members were comfortable with what Coggin suggested. All members agreed. Foley asked about the police vehicles that were mentioned in the memo. Forrest explained there was an accide nt on I-70 where a semi-truck crashed into a patrol vehicle due to negligence by the driver. Public comment was called. Katie Santambrogio, represented the Vail Inter-Faith chapel, reviewed the completed work done at the chapel and what still needed to be completed. Coggin made a motion to approve the ordinance and authorize $250,000 to be released to the chapel and added $250,000 as an additional contribution for “last in”, Foley seconded motion passed (6-0). There being no further business to com e before the council, Foley moved to adjourn the meeting; Coggin seconded motion passed (6-0), meeting adjourned a t 7:01pm. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Town Clerk 21 AGENDA ITEM NO. 7.2 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:April 18, 2023 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 041823 TC Meeting Minutes.pdf 22 Town Council Meeting Minutes of April 18, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, April 18, 2023 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Kevin Foley Pete Seibert Barry Davis Jonathan Staufer Members absent: Jen Mason Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation Robert Truchiet, a Vail resident, expressed his concerns regarding animal control and leash laws regarding dog bites within the Town Code and asked that Nathan Lehnert’s, an Animal Services Officer for Eagle County, statements regarding animal control be read into the official record; “We have discussed the District Court Case and added it to our Reference materials with our Policies and Procedures. I am also continuing to work with the Town of Vail to refine our enforcement of this section of the town code to make sure it meets the restrictions set forth in the court order along with any additional refinements that are desired by the Town.” 2. Any action as a result of executive session As an action resulting from executive session, the Timber Ridge Redevelopment Committee was authorized to negotiate the terms of a development agreement with Triumph Development West LLC to facilitate the redevelopment of the Timber Ridge Village Apartments, subject to the terms and conditions instructed in executive session. Langmaid explained there would be an opportunity at the May 16, 2023, Town Council meeting to discuss the Timber Ridge development agreement. 3. Proclamation 3.1 Proclamation No. 4, Series of 2023 National Library Week 23 Town Council Meeting Minutes of April 18, 2023 Page 2 Read Proclamation No. 4, Series of 2023 into the record. Presenter(s): Kim Langmaid, Mayor Background: National Library Week 2023, April 23-29, will be celebrated with the theme "There's More to the Story." Council members took turns reading the proclamation into the record. 4.Consent Agenda 4.1 March 7, 2023 Town Council Meeting Minutes Foley made a motion to approve, Staufer seconded motion passed (5-0) (Coggin abstained due to being absent). 4.2 March 21, 2023 Town Council Meeting Minutes Foley made a motion to approve, Coggin seconded motion passed (6-0). 4.3 March 30, 2023 Town Council SPECIAL Meeting Minutes Coggin made a motion to approve, Davis seconded motion passed (6-0). 4.4 Contract Award to 360 Paving for the 2023 Asphalt Overlay Project Authorize the Town Manager to enter into an agreement with 360 Paving not to exceed $515,000, to complete the 2023 Vail Overlay Project on a form approved by the Town Attorney. Background: The Town has budgeted to complete an asphalt overlay project this year on the following streets: Bridge Road, Lupine Drive, Willow Way, Streamside Circle West, Nugget Lane, Glen Falls Lane, and Columbine Drive south of Bighorn Road. Staufer made a motion to approve, Coggin seconded motion passed (6-0). 4.5 Contract Award to CREO for Fabrication of Gore Valley Trail Interpretive Installation Direct the Town Manager to enter into a contract approved by the Town Attorney with CREO for the fabrication and delivery of an interpretive installation for an amount not to exceed $199,625. Background: Staff received proposals from four firms for the fabrication and delivery of the Gore Valley Trail interpretive installation as designed by H+R and approved by Vail Art in Public Places, Planning and Environmental Commission, and Town Council. Those firms were BANG! Creative, CREO, Sea Reach, and Vail Valley Welding and Fabrication. A committee of three staff members selected CREO as the preferred candidate citing their experience with the unique fabrication processes involved in the completion of this installation. Davis made a motion to approve, Staufer seconded motion passed (6-0). 24 Town Council Meeting Minutes of April 18, 2023 Page 3 4.6 Contract Award to R&H Mechanical and Berich Masonry for Lionshead Snowmelt Repair Authorize the Town Manager to enter into agreements with the following companies not to exceed the respective amounts, on a form approved by the Town Attorney: R&H Mechanical ($450,000) and Berich Masonry ($125,000). Background: Portions of the Lionshead snowmelt system are in need of repair and replacement. The Town has budgeted to complete the repairs this year. Davis made a motion to approve; Coggin seconded motion passed (6-0). 4.7 Increase Funds for Heavy Equipment Purchase Direct the Town staff to increase the HEF budget by $108,500. Which will be added to the second supplemental scheduled this June. This Allows for the Town Manager to approve the purchase for the backhoe and motor grader. Background: Request for additional funding to purchase a backhoe and motor grader that are on the 2023 HEF budget. Davis made a motion to approve; Coggin seconded motion passed (6-0). 5. Town Manager Report 5.1 Town Manager Update 5.2 Council Matters and Status Report 5.3 Vail Town Council Priority Goals for 2023 Forrest gave an update on SB213, explaining an amendment was being considered, which would remove all mandates on resort communities, but may still require a housing needs assessment. 6. Action Items 6.1 Resolution No. 14, Series of 2023, A Resolution Adopting the Town of Vail's Stewardship Roadmap Approve, approve with amendments, or deny Resolution No. 14, Series 2023. Presenter(s): Mia Vlaar, Director of Economic Development Background: Please see memo. Forrest asked to postpone the approval of Resolution 14, Series of 2023 and allow for additional high-level direction from Council regarding the ideal standard for the Stewardship Roadmap. 25 Town Council Meeting Minutes of April 18, 2023 Page 4 Vlaar explained staff wanted to make sure the roadmap was a clear vision for how the Town moves forward and asked for Council’s feedback. Davis provided the following feedback: • would like the findings to be presented to the public who was interested in the information and use it as an opportunity for more potential feedback. Coggin provided the following feedback: • he would like more focus on the students that live in Vail regarding public schools and capacity • asked for more information on target visitor/resident ration and what was considered a healthy community population balance o was there a way for the town to set goals pertaining to that data • asked about the term “mountain ideal standard” o was there a way for the town to broaden the scope so that it was always striving to do better. Vlaar stated the Town did not have a target visitor/resident ratio, but it was becoming a common measure for destinations to gage how population could affect visitation. Beth Markham, Environmental Sustainability Manager, explained what the Mountain Ideal Standard was and stated although the revised Mountain Ideal was the town’s current standard, there could be potential opportunities for other certification/standards for the town to adopt. Foley asked about the updated metric system and the town’s occupancy rates and average daily rates. Vlaar explained the metric system was based off lodging tax revenue, marketing campaign performance, occupancy rate, average daily rate, and brand health. She also stated that the town’s occupancy rate and average daily rates were currently very healthy and were co ntinually monitored because usually they run-in opposition to each other. Seibert suggested making the Mountain Ideal and other standards the town may adopt in the future as an appendix to help be more user friendly to the public and asked if the 2.5 million visitors, were all individual persons, and how that number was ascertained. Markham stated the town could put the standard as a link on the plan to make the information more accessible. Vlaar explained there were a lot of variables that went into estimating that number, but yes, the number represented individual persons. Staufer felt the town should get back to the community side of things and not worry so much about the world class side of things and wanted staff to look at the town’s different carrying capacities in the town ’s streets, roadways, on the mountain, and on the trails to when determining if the town was sustainable. 26 Town Council Meeting Minutes of April 18, 2023 Page 5 Vlaar recognized Staufer’s point and explained a key outcome of the plan would be to work with other partners to understand the town’s carrying capacity. Staufer suggested developing a community task force with some of the key partners to be engaged on a more permanent level. Foley stated what the town did with the feedback gathered from the community throughout the process would be very important to make sure Vail continues to be a special place. Vlaar explained there were many different strategies within the plan to get back the diversity that has changed. Langmaid explained the State was starting a destination stewardship process that included eight smaller regional plans and one larger plan that the Vail community could share their input with. Davis exp ressed his concerns regarding the mountain ideal standard and confusion around what it was. He felt if council was going to adopt a plan for the next ten years, he wanted it to be more digestible. Davis also stated to Staufer’s point, regarding focusing on the community, if the town was looking to build environmental stewardship, it started with giving people access to public lands through the town. Staufe r clarified he did not want to restrict access, but instead disperse it. Forrest asked council, if staff could bring back a clearer standard and how to achieve it, would council be comfortable adopting the roadmap as a resolution. Langmaid stated the town should be able to have a more simplified overview of the criteria and indicators were for the standard without getting into the technicalities of certification. Vlaar stated the plan could represent what the town was certified to currently and could modify when the next standard was available. Council discussed the history of Global Tourism Council and the process for certifications. Coggin asked about the goals discussed in the plan and prioritization. Vlaar explained there was a presentation plann ed for the meeting to go over the priorities and reminded council every strategy that was outlined in the implementation plan wo uld come back to council for further vetting, budgeting, and resources. Kristen Bertuglia, Director of Environmental Sustainab ility, stated staff could come back with a summary of the standard and the criteria to make communication to the community easier and outline the stewardship plan more as a guiding post as it was intended to be. 27 Town Council Meeting Minutes of April 18, 2023 Page 6 6.2 Contract Award with Rocky Mountain Custom Landscapes for the 10th Mountain Division Statue Site Improvements Authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $142,000. Staff will be including a request to add $28,000 to the Art Landscape Enhancements budget as part of the June 2023 Budget Supplemental process for a total project budget of $147,634. Presenter(s): Gregg Barrie, Senior Landscape Architect Background: The purpose of this agenda item is to request an additional $28,000 for the construction of site improvements to the area around the 10th Mountain Division Statue. And, if granted, to approve a contract for the work. Barrie explained the first part of the request was for additional funding for the improvements to the 10th Mountain Division Statute, due to the bids for the project came in higher than what was initially anticipated. Council had concerns regarding the design of th e improvements and asked Barrie to explore using materials more local to the area, edit the design to be more in line with the natural aesthetics of the existing statue, and to resubmit a design for Council to review. Barrie explained the project had been approved by the Art in Public Places board before putting it out to bid but would take their suggestions in to account and bring back different options. 6.3 Recommended Summer 2023 Parking Program Approve the Summer 2023 Parking Program as presented. Presenter(s): Greg Hall, Public Works Director, Steph Kashiwa Parking Operations Manager Background: Provide town council the parking recommendation for Summer 2023 Parking Program. Hall explained the Parking and Mobility Task Force met on March 30, 2023, to review the winter season and made recommendations for the summer 2023 Parking Program. Kashiwa stated the task force wanted to increase the prices for overnight parking to mimic what the overnight prices were for the hotels and try to decrease the amount of overnight storage in the structures. The recommendations were: • Overnight rate s for both Village and Lionshead Parking Structures of $35 -$40. • Include a Red Sandstone Structure overnight rate of $10- $25 that is lower than the LH/VTC rate, encouraging use. o Extending the max stay at Red Sandstone to 14 days with the overnight rate. • Oversized/Overnight parking rate $35/night in the West Vail location. • Free overnight employee passes available with a verification process. 28 Town Council Meeting Minutes of April 18, 2023 Page 7 • Free summer parking pass for Winter 2022/2023 Premier/Business Premier/Employee Plus pass holders with a verification process – no guaranteed spot. • A $475 pass for summer overnight parking LH/VTC/RSS offered with ownership in previous voucher-designated areas Coggin asked how staff would enforce the 14-day max stay at Red Sandstone and for clarification on the free summer parking pass. Kash iwa explained for enforcement, staff would check against the License Plate Recognition software and there was also a staff member that took inventory of cars in the lots at night. As for the free summer parking pass, for the last few years, Premier/Business Premier/Employee Plus pass holders had the option to extend their passes into the summer, but still had to abide by the 14-day rule. Coggin asked for staff to explore extending the DUI pass to the Red Sandstone parking structure. Coggin asked if $15 covered costs at Ford Park. Hall stated the $15 would cover costs and hopefully motivate visitors to park in the free lots and walk over to Ford Park. Foley agreed with the $15 at Red Sandstone, wanted to make sure the workers that started before 5:00am at the various businesses could be validated somehow and not have to pay to park and asked about putting oversized vehicles behind the shop yard. Hall explained the town put an application in with CDOT to move the oversized vehicles and was denied. Coggin made a motion to approve the summer parking program overnight fees for Vail and Lionshead Parking Structures $35, Red Sandstone Parking Structure $15, Ford Park $15 and West Vail oversized $35; Foley seconded motion passed (6-0). 6.4 2023 Ford Park Summer Managed Parking Approve the 2022 Ford Park Summer Managed Parking Program. Presenter(s): Greg Hall, Public Works Director, Steph Kashiwa Parking Operations Manager Background: Each spring the summer activities and events calendar is reviewed by the Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountain Science Center (as operators of Vail Nature Center). The proposed managed parking program calendar is attached. Foley asked how many ADA spaces were available at Ford Park and how staff fills those spots. Hall stated in the winter there is 4 spots available and 10 in the summer and can fill up quick. 29 Town Council Meeting Minutes of April 18, 2023 Page 8 Council members suggested more messaging for drop off or using the express bus during the concerts over the summer. Coggin made a motion to approve the managed and paid parking events calendar as presented; Foley seconded motion passed (6-0). 6.5 Ordinance No. 8, Series of 2023, First Reading, An Ordinance of the Town Council of the Town of Vail Amending Section 4-2-4 of the Vail Town Code to Permit Alcoholic Beverage Tastings at Fermented Malt Beverage and Wine Retailers Approve, approve with amendments, or deny Ordinance No. 8, Series of 2023 upon first reading. Presenter(s): Matt Mire, Town Attorney Background: On March 1, 2023, Proposition 125 amended the above-mentioned statutory section to add fermented malt beverages and wine retailers to the list of licensees that are permitted to conduct tastings. The Town now desires to amend the Vail Town Code to include fermented malt beverage and wine retailers as licensees that may apply for tastings. Mire explained Proposition 125 amended the State statutory section regarding fermented malt beverage licenses. The amendment wou ld allow businesses that held fermented malt beverage licenses to sell wine as well, which meant those businesses were permitted to conduct tastings along with businesses that held re tail liquor store licenses. Staufer stated he would like to help keep the tasting permits for the local, smaller businesses and didn’t think the big chain stores needed the tasting permit. Mire explained the town ’s ordinance for the tasting permit had to be fair and Cou ncil could not decide only certain businesses could apply for tasting permits. Mire also stated if th e proposed amendment to the ordinance didn’t pass during the current meeting, staff would have to come back at the next meeting to amend the ordinance to remove tasting permits all together. Coggin made a motion to approve; Davis seconded motion passed (5-1, Foley opposed). 7. Public Hearings 7.1 Ordinance No. 7, Series of 2023, Second Reading, An Ordinance of the Vail Town Council Repealing and Reenacting Section 12-3-3 of the Vail Town Code to Simplify and Clarify the Procedures for Land Use Appeals Approve, approve with amendments, or deny Ordinance 7, Series of 2023 upon second reading. Presenter(s): Jamie Leaman-Miller, Planner 30 Town Council Meeting Minutes of April 18, 2023 Page 9 Background: The purpose of Ordinance 7, Series of 2023 is to amend Section 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals. The existing section will be repealed in its entirety and replaced with the proposed language. Public comment was called. Lea man-Miller summarized the update to the code was recommended by the Town’s legal department and was intended to improve the efficiency and clarity of the land use appeals process for all parties. Leaman-Miller explained there was updated language from the first reading, to address Council concerns regarding notifications for multi-family properties and stated the language had been changed from notifying the managing agent to notifying all homeowners. Mire explained an appeal is a specific legal process and shou ld only notice persons apart of the appeal and asked Council to change the language back to what was in the first reading regarding notifications. Mire stated, when an appeal is set initially, presently, the notificatio n wou ld go to the managing agent, but staff could look at amending that in a different section of the code. Staufer stated he would like to keep the amended language as it was in the second reading, stating he thought the more people that know, the better. Coggin agreed with Staufer with the more people that know the better but agreed with Mire the change to the code should be in the initial application process, not the appeal portion. Mire asked if there were four hands to direct staff to take the recommendation back to the Planning and Environmental Commission to look at amending the language for the initial application. There were. Foley made a motion to approve and to change the language back to what was presented in the first reading regarding notifications, Coggin seconded motion passed (6-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion passed (6-0), meet adjourned at 7:42 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk 31 AGENDA ITEM NO. 7.3 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 17, Series of 2023, A Resolution of the Town of Vail Town Council Approving the Grant of an Easement to the Eagle River Water and Sanitation District SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 17, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Public Works Easement-R051623.docx Resolution for PW Shop waterline easement attachmet (002).pdf 1144 ESMT EXB.pdf 32 RESOLUTION NO.17 SERIES 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE GRANT OF AN EASEMENT TO THE EAGLE RIVER WATER AND SANITATION DISTRICT WHEREAS, the Town wishes to grant a water easement to the Eagle River Water and Sanitation District pursuant to the terms of the Water Easement, attached hereto as Exhibit A, and incorporated herein by this reference (the “Easement”), for the installation and maintenance of water lines to the Town Public Works Maintenance Shop located at 1289 Elkhorn Drive, Vail, CO 81657. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Easement in substantially the same form as attached hereto as Exhibit A,and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the Easement on behalf of the Town. Section 2.This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Town Council held this 16th day of May, 2023. ______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 33 34 35 ∆ 36 37 38 AGENDA ITEM NO. 7.4 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 18, Series of 2023, A Resolution of the Town of Vail Town Council Approving a Sewer Easement between the Town of Vail and the Eagle River Water and Sanitation District, and Vacating the Existing Sewer Easement. SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 18, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: RMV - Sewer Easement .docx Sewer Easement docs combined.pdf 39 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC08D99F\@BCL@CC08D99F.DOCX RESOLUTION NO. 18 SERIES OF 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A SEWER EASEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT, AND VACATING THE EXISTING SEWER EASEMENT WHEREAS, the Town wishes to grant a sewer easement to the Eagle River Water and Sanitation District, pursuant to the terms of the Sewer Easement attached hereto as Exhibit A and incorporated herein by this reference (the “Easement”). WHEREAS, the Town also wishes to vacate the current sewer easement described and depicted in Exhibit A, and recorded in the property records of Eagle County, Colorado at reception no. 840623. (the “Existing Easement”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Easement in substantially the same form attached hereto, subject to approval by the Town Attorney, and vacates the Existing Easement. Upon such approval, the Town Manager is authorized to execute the Easement, and any other necessary documents, on behalf of the Town. Section 2.This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, PASSED AND ADOPTED THIS 16 th DAY OF MAY, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 40 FORM D5: SEWER EASEMENT Page 1 of 2 SEWER EASEMENT THIS EASEMENT is made this day of , 20__, by and between (hereinafter referred to as “Grantor”), and it’s successors and assigns, and the Eagle River Water and Sanitation District, a quasi-municipal corporation of the State of Colorado within the County of Eagle, (hereinafter referred to as “District”). WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and transfer unto the District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines and all underground and surface appurtenances related thereto such as lift stations and manholes (hereinafter “sewer lines”), together with any and all sewer lines situate therein, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado, to-wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor warrants that the Grantor has the lawful right to grant and convey such easement, rights-of-way, and sewer lines. Further, Grantor warrants that the sewer lines are free and clear of all liens and encumbrances. Grantor will at no time permit, place or construct any structure, building or improvement of any kind, temporary or permanent, on any part of the above-described premises. Any structure, building or improvement located on the above-described premises as of the date of this Easement, may be removed by the District without liability for damages arising therefrom. Following the completion of the purpose of any entry by the District upon such easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for shrubs, plants, sidewalks, driveways or parking areas thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. 41 FORM D5: SEWER EASEMENT Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. GRANTOR: (Name of Grantor) STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing Easement was subscribed and sworn to before me this day of , 20 , by . WITNESS my hand and official seal. (S E A L) Notary Public My commission expires: ACCEPTED by the District this day of ,20__. By: General Manager 42 PO Box 97 Edwards, CO 81632 970-926-3373 January 3, 2022 Mr. Tug Birk Development Review Coordinator Eagle River Water and Sanitation District (ERWSD) Via email: dbirk@erwsd.org Completion of Water and Sewer Infrastructure Residences at Main Vail 129 North Frontage Road Dear Mr. Birk, All sanitary sewer and water system infrastructure work has been completed on the Residences at Main Vail project including work in Frontage Road. To the best of my knowledge, the materials and workmanship were completed in general compliance with the plans and specifications for the above referenced Project. Asbuilt information has been uploaded to the ERWSD portal. I would like to thank you for all your help on this successful project. Sincerely, Matt Wadey, PE cc: Greg Hall GHall@vailgov.com Coleman Wise coleman@triumphdev.com Michael O’Connor michael@triumphdev.com Chuck Apostolik charlesapostolik@shawconstruction.net 43 44 45 46 AGENDA ITEM NO. 7.5 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Stephanie Bibbens, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Morton Electric INC to Complete the Roundabout Lighting Improvements at Exit 176 SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Morton Electric Inc, to complete Roundabout Lighting Improvements at Exit 176, not to exceed $1,600,000.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: council memo-roundabout lighting.docx 47 To:Town Council From:Public Works Date:05/16/2023 Subject:Roundabout Lighting Improvements Exit 176 contract award I.ITEM/TOPIC Roundabout Lighting Improvements Exit 176 contract award II.ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Morton Electric, Inc to complete the Roundabout Lighting Improvements Exit 176. III.BACKGROUND Staff received 2 bids for the Roundabout Lighting Improvements Exit 176 project from Morton Electric and Icon, Inc. The project’s goal is to upgrade the lighting in the Vail Town Center roundabouts to meet current lighting safety standards for both vehicles and pedestrians in a roundabout. The current lighting does not meet these standards particularly at the pedestrian crossings. The new light poles will also be reduced in height from 40’ to 30’ poles and will use the latest LED technology with the ability to accommodate future smart transportation technologies such as traffic counters and road condition cameras. The 2023 budget for this project is $1,750,000.00. The project is scheduled to be completed by November 15, 2023. The awarded contract is within the project budget, however staff will request additional funds be added to the project budget during the second budget supplemental to cover an adequate contingency. IV.STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with SGM, Inc to complete Roundabout Lighting Improvements Exit 176 in the amount not to exceed $1,600,000.00. 48 AGENDA ITEM NO. 7.6 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to SGM, INC to Complete the Subsurface Utility Engineering SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with SGM, INC to complete the Subsurface Utility Engineering in the amount not to exceed $75,000.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: council memo-Fiber SUE.docx 49 To:Town Council From:Public Works Date:05/16/2023 Subject:Subsurface Utility Engineering contract award I.ITEM/TOPIC Subsurface Utility Engineering contract award II.ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with SGM, Inc to complete the subsurface utility engineering. III.BACKGROUND Staff received 3 proposals for the subsurface Utility Engineering from SGM, Inc, SAM Companies and T2 Utility Engineers ranging from $75,000 - $207,000.00. This work is in preparation for the Town to continue installation of the Town’s fiber optic backbone by installing conduit from Fire Station #3 in West Vail to Lionshead along the S Frontage Rd and the Gore Valley Trail. Subsurface Utility Engineering (SUE) is required by state law anytime a project meets certain requirements, the fiber project meets 4 key requirements: involves a public entity (Town of Vail), consists primarily of horizontal construction, requires excavation of more than 1,000 contiguous square feet and deeper than 2 feet, including horizontal boring, and necessitates the services of a licensed Professional Engineer. Once the SUE is completed, final design of the fiber optic backbone routing can be completed, and a permit application can be submitted to CDOT for installation. The SUE project is scheduled to be completed by August 31, 2023. IV.STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with SGM, Inc to complete the Subsurface Utility Engineering in the amount not to exceed $75,000.00. 50 Town of Vail Page 2 51 AGENDA ITEM NO. 7.7 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Advanced Network Management (ANM) to Purchase Support for the Dell VXR Hyperconverged Infrastructure System SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Advanced Network Management to purchase support for our Dell VXRail hyperconverged infrastructure system, in the amount not to exceed $150,000. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Advanced Network Management Dell VXRail Agreement.pdf 52 To: Vail Town Council From: IT Department Date: May 16, 2023 Subject: Dell VXRail Support Agreement I. PURPOSE Request that the Council approve an agreement with Advanced Network Management (ANM) to purchase Dell support for our VXRail hyperconverged infrastructure stack through June of 2024. II. BACKGROUND We purchased this hardware in 2017 with a 5-year support agreement, which expired in June of last year. We purchased an additional year of support through ANM last year and would like to purchase another year of support. The hardware continues to serve the town’s needs effectively and a full replacement is not warranted until June 2024. Until that time, it’s important that we still have full vendor support in the event of issues, and to keep access to important security and firmware updates that are released. The Dell VXRail infrastructure supports all computing systems for the town, including the servers and Citrix virtual desktops (VDI’s) that run the various applications we use. We requested proposals from 3 different re-sellers of Dell support – the proposal from ANM was the most cost effective of the 2 quotes we got back, and we’ve also already received excellent support from this vendor in the past year, giving us confidence to stick with them. The cost for this support was already included in the approved capital budget for 2023. III. ACTION REQUESTED OF COUNCIL Direct the Town Manger to enter into an agreement, in a form approved by the Town Attorney, with Advanced Network Management to purchase support for our Dell VXRail hyperconverged infrastructure system for an amount not to exceed $150,000. 53 AGENDA ITEM NO. 7.8 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Agreement AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Rocky Mountain Landscapes for the Installation of Landscape Buffer Work as Part of the Fire Free Five Program SUGGESTED ACTION:Authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $57,300 for the installation of Landscape Buffer Work as part of the Fire Free Five program. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: TC Memo - Landscape Buffer Work Fire Free Five 5-16-23.pdf 54 To: Vail Town Council From: Department of Public Works Date: May 16, 2023 Subject: Fire Free Five Landscape Buffer Work - Contract Award I. PURPOSE The purpose of this agenda item is to request approval from the Town Council to award the Landscape Buffer Work contract for the Fire Free Five project in the amount of $57,281 to Rocky Mountain Custom Landscapes. II. BACKGROUND In the spring of 2022, the Town Council recommended that efforts should be made to bring town-owned building into compliance with the Fire Free Five concepts proposed by Vail Fire. During 2022, all town-owned structures were evaluated, then prioritized for implementation. During the fall of 2022, Priority 1 structures were completed. The Arbor Work on Priority 2 structures was completed during April of 2023. The Landscape Buffer Work will be completed pending contract approval by mid-June. III. IMPLEMENTATION The work has been separated into Arbor Work and Landscape Buffer Work. The Arbor Work includes pruning and tree removal within the five-foot buffer zone and is completed by a certified arborist. The Landscape Buffer Work removes combustible mulch, shrubs and native grass within the five-foot buffer zone and replaces it with non-combustible rock mulch. Some structures will require additional landscape treatments. Those will be added once the five-foot non-combustible zones have been completed. Two locations, the Main Vail Fire Station and Donovan Pavilion will be first on the list for replacement landscapes. IV. LANDSCAPE BUFFER WORK The town received two bids for the 2023 Landscape Buffer Work. The low bid was submitted by Rocky Mountain Custom Landscapes in the amount of $57,281. 55 Town of Vail Page 2 V. BUDGET INFORMATION The current 2023 budget for implementing the Fire Free Five program on town-owned structures is $150,000, which is adequate for the current Arbor and Landscape Buffer work as well as the installation of landscape replacements noted above. VI. STAFF RECOMMENDATION Staff recommends authorizing the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $57,300 for the installation of Landscape Buffer Work as part of the Fire Free Five program. VII. ACTION REQUESTED BY COUNCIL Staff requests that the Town Council authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $57,300 for the installation of Landscape Buffer Work as part of the Fire Free Five program. 56 AGENDA ITEM NO. 8.1 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Matters Status Report SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230516 Matters.docx 57 COUNCIL MATTERS Status Report Report for May 16, 2023 o Council inquired about receiving an update on heated streets:Town Manager informed Council that Grey Edge Group has been contraccted and working alongside Holy Cross on an RFP for solutions. Grey Edge Group toured town facilities on Monday, May 8th for a holistic approach to energy efficiencies. o Council inquired about the wildlife temporary fencing:Greg Hall, PW Director stated that CDOT would be coming in the near future to install a permanent fence. Social Media Tracking As a comparison for the way online chatter swells in line with visitation, the listening report from 1/13 – 2/9 yielded online content that had 10.9 million potential impressions while content from 4/9 –5/10 had 1.7 million impressions. Here is the link: https://share.sproutsocial.com/view/711037b1-cfb1-4542-9037-b1cfb16542ce Something interesting to note –social can be an affordable way to share important messages with locals through targeted marketing. The Facebook post about the deed-restricted Vail Commons unit was boosted for $20 over five days for people 18+ living within 15 miles of Vail and had a $0.12 per link click. This is a very low cost per result, confirming the topic’s high relevance to local people. On 5/11 we posted Ziggy’s public comment as an opportunity to both inform the public of the opportunity to take part in Citizen Participation as well as help spread his message regarding fish handling. It has already gotten many supportive comments and likes from locals as well as fishing companies, showing how social can be used positively to galvanize the community while also informing them of public process. https://www.instagram.com/reel/CsHSDDQJaf9/ 58 In the News______________________________________________________ April 26 E-bike Rebates and Bike Sharing https://www.vaildaily.com/news/eagle-encourages-mindfulness-among-e-bike-users/ https://unofficialnetworks.com/2023/04/26/vail-bike-sharing-program/ SB23-213 https://www.realvail.com/land-use-bill-championed-by-polis-opposed-by-ski-towns-gutted-of-major- upzoning-requirements/a16028/ Vail InDeed https://provincetownindependent.org/news/2023/04/26/a-letter-on-year-round-rentals/ April 27 SB23-001 https://www.vaildaily.com/news/a-bill-aiming-to-bring-workforce-housing-to-dowd-junction-heads-to- the-governors-desk/ April 30 Pesticide Applicator Act https://www.vaildaily.com/news/why-vail-joined-the-fight-for-local-control-around-pesticide- regulation/ 59 May 1 E-Bikes for Essentials https://www.vaildaily.com/news/how-vails-e-bikes-for-essentials-program-is-expanding-access-to- smarter-commuting/ May 2 Wildfire Preparedness Month https://www.vaildaily.com/news/vail-eagle-county-municipalities-boost-education-for-wildfire- preparedness-month/ Summer Reservations Vail, Eagle County summer reservations lagging the past two years, but are even with the pace in 2019 | VailDaily.com Hard to Recycle Event https://www.vaildaily.com/news/vail-to-host-hard-to-recycle-event-may-19/ May 3 Stream Restoration Bill https://www.vaildaily.com/news/colorado-stream-restoration-bill-watered-down/ Wolf Reintroduction https://www.vaildaily.com/news/cpw-approves-wolf-reintroduction-plan-and-vail-aspen-areas-are- likely-for-releases/ May 4 Booth Heights https://www.vaildaily.com/news/vail-resorts-town-of-vail-set-to-meet-in-court-next-week-over-booth- heights-condemnation/ SB-213 https://www.vaildaily.com/news/with-the-clock-ticking-local-opposition-strengthens-against-colorado- land-use-bill/ Canada West Ski Areas Association multi-panel discussion https://www.piquenewsmagazine.com/local-news/whistler-bc-talks-housing-challenges-at-home-and- in-other-mountain-communities-6947812 May 5 Booth Creek Fuels Reduction https://www.realvail.com/forest-service-issues-draft-decision-on-booth-creek-fuels-reduction- project/a16085/ VVP Chairman's Award https://www.vaildaily.com/news/vail-valley-partnership-announces-its-2023-chairmans-member-of-the- year-awards/ 60 May 6 Booth Creek Fuels Reduction https://www.vaildaily.com/news/forest-service-issues-draft-decision-on-3000-acre-vail-area-fire- mitigation-project/ May 10 Booth Heights https://www.vaildaily.com/news/vail-vail-resorts-begin-presenting-cases-in-condemnation-hearing-for- contested-east-vail-site/ SB-213 https://www.summitdaily.com/news/defeat-of-land-use-reform-proposal-in-colorado-brings-down-a- far-less-controversial-measure-a-statewide-housing-study/ Upcoming Council Events o June 5-8 - St. Anton officials to visit Vail o July 4th – No Council Meeting; Parade and Festivities 61 AGENDA ITEM NO. 8.2 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:SB 23-213 SUGGESTED ACTION:The Manager will provide an update on SB 23-213, which died at the end of the last legislative session. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 62 AGENDA ITEM NO. 8.3 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Vail Valley Foundation Car Sponsorship SUGGESTED ACTION:The Manager will provide an update on the car sponsorship opportunity with the Vail Valley Foundation. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 63 AGENDA ITEM NO. 8.4 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Strategic Goals Update SUGGESTED ACTION:The Manager will provide an update on progress for the Council Strategic Goals. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Priority Vail Town Council Goals for 2023.pdf 64    PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023  CATEGORY GOALS NEXT STEPS WHO  Housing The Town of Vail will acquire 1,000 additional resident  housing deed restrictions by the year 2027 as compared  to 2017. By October 1, 2023:  1. Complete the Residences at Main Vail.  2. Initiate the entitlement process for the Timber  Ridge and West Middle Creek housing  developments.  3. Acquire the East Vail CDOT parcel and initiate the  design process.  4. Initiate the acquisition process for one additional  parcel of land to create a significant regional  housing development.  1. 5. Amend the commercial linkage requirements and  adopt residential linkage  1. Execute management agreement with RMV property manager.   2. We are negotiating a development agreement with Triumph on Timber Ridge and there is  more demand than units for this project.   3. Regarding West Middle Creek‐geotechnical work has been completed, a site plan has been  developed, and an RFP for developers is being developed by staff.  Transportation Commission  has also approved disposing of its land to facilitate this development.   4. Staff is working with CDOT to complete the last steps for acquiring the East Vail CDOT parcel. A  final purchase price still needs to be agreed to.   5. TOV and other stakeholders have begun working with the State Land Board on the Dowd  Junction property.   Housing Director  lead, supported by  Town Manager &  Deputy Manager,  Finance Dept, Public  Works, Com Dev,  Econ Dev  Civic Hub and  Town Hall  By November 1, 2023:   1. Determine a program, budget, and critical path to  renovate Dobson Ice Arena so that it will continue  to serve Vail for another 40 to 50 years.   2. Determine whether to renovate or relocate Town of  Vail offices and if relocated determine best  location(s), a budget, and a timeline for relocation  or renovation.   Note: The Town Manager would request that he be able  to work with cultural arts interests to further refine the  conceptual design and programs for community uses in  addition to Dobson and town offices on the hub site  1. Executed design contract with Populous.    Two scenarios have been developed and costed.  The two options are over the estimated revenue available. The Town has hired Cumming Group  as an owner’s representative. Cumming will work on prioritized improvements to build an option  meeting the budget. Soils testing is underway as well as hiring a survey company to provide an  updated topographic survey.    2. Develop alternative scenarios for locating and/or refurbishing Town offices and provide  recommendations to Town Council.3. (Recommended additional task): Facilitate a discussion on  high priority cultural/community uses and how they can be finically sustained over time and  bring forward recommendations to the Town Council.  Public Works  Director ‐ Dobson/  Town Manager &  Com Dev Director,  Econ Dev  Excellent  Customer  Service  By November 1, 2023:   1. Create a clear definition for providing excellent  customer service to our residents and guests for  town services and a means of measuring to what  degree we are providing excellent customer service.   1. 2. Identify and implement metrics for objectively  measuring organizational effectiveness and health  so that a baseline is developed which can be  improved on in future years.  Work with leadership team to develop customer service goals and metrics. Leadership retreat  scheduled for June 15 to help define “excellent customer service”.  Data points and surveys  currently used have been gathered to provide metrics for future measurement of success.  Town Manager and  Leadership Team  Land Use  Regulations  Support  Town Goals  By November 1, 2023:  Review and analyze Title 12 Zoning, the Official Zoning  Map, Title 14 Development Standards, and other  pertinent land use policy language including the Town of  Vail Comprehensive Plan. Bring forward  recommendations for amendments to help foster the  creation of affordable housing and improved efficiency  of the development review process.  1. Staff is completing an exhaustive set of recommendations to align the zoning code and  administrative policy with the goal of creating affordable housing.   2. Staff will convene focus groups with builders, housing advocates to also solicit feedback on  aligning the development review process to support the Town’s housing goals.   Community  Development  Director, Public  Works Director, Fire  Chief    65         Vail Town Council Action Plan   PROJECT MILESTONE UPDATES POINT of CONTACT  CO M M U N I T Y   West Vail Master Plan  Implementation   Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP.  May 2022 – April 2023. Update to Council on March 21, 2023.   Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP.  May 2023 – Sept. 2023. Update to Council May 15, 2023.   Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP.   Coordinate implementation timeline in context of town‐wide Transportation Master Plan.  Matt Gennett, Community  Development Director  Timber Ridge Apartments  Redevelopment   Aug. 1, 2023  Updated market study, design development, and entitlement approval process to redevelop Timber  Ridge Village Apartments.   Spring 2024  Construction begins.    Feb. 1 – Apr. 1, 2025  New units expected to be completed and available for phased occupancy.  George Ruther, Director of  Housing  Ford Park Master Plan  Amendments  Ford Park Master Plan Amendments. An update to Town Council scheduled for June 20 Todd Oppenheimer, Capital  Projects Manager  Short Term Rental Policy  Amendments  Jan. 1, 2023  Effective implementation date of Ordinance No. 11, Series of 2022.  Feb. 28, 2023  STR license renewal deadline.  Carlie Smith, Finance Director  Early Childhood Initiatives  Funding in 2023 ($250,000) for Council supported areas including:    Community Tuition Assistance ‐ ongoing grants for incomes below 450% of federal poverty   Workforce Retention – grants to 2 programs for 2023   Expansion and Sustainability of ECE programs   – infant subsidy and facility/lease support   – pursuing expansion opportunities via in‐home and/or new spaces   Capital support – facility maintenance support ongoing & future capital support TBD  Krista Miller, Human Resources  Director  Cultural Heritage Preservation  & Programs  2023 budget is $25,000.    March 21, 2023 ‐ Resolution No. 4 passed for the Naming or Commemoration of town‐owned  properties.  Town’s website has been updated to include an online application.   Partner on Trailblazer Award process.   Continued work in 2023: Summervail Archives; Vail Valley Voices; Library's 40th Anniversary.  Eagle  County celebrates 140 years on February 11.    CHC website has been updated to include cultural initiatives from other departments.  Lori A. Barnes, Library Services  Director  66 Permanent Location for  Children’s Garden of Learning    Lease at temporary location expires 2026 or earlier pending 180 days’ notice. Kathleen Halloran, Deputy  Town Manager  Wildland Urban Interface  Code Amendments   May 2023  Town Council update on 2022 Fire Free Five grant program.    May‐October 2023  Implement 2023 Fire Free Five grant program.    Fall 2023  Fire Free Five code adoption consideration.  Mark Novak, Fire Chief  EN V I R O N M E N T   USFS Booth Creek Fuels  Reduction Project   Spring 2023   USFS Record of Decision‐draft EA issued on May 5, 2023 with 45 day comment period.    Winter 2023/2024  Identify costs and funding sources.   2023‐2030   Implementation ‐ timeline is variable due to external factors.  Mark Novak, Fire Chief  Identify Alternative Fuel  Solutions  2022 ‐ First boiler replacement operational. Collecting data on usage. Town is under contract with the  Grey Edge Group, to study feasibility of a networked geothermal  system for decarbonizing the  snowmelt system. Experts toured Vail infrastructure on May 8th.   Kristen Bertuglia,  Environmental Sustainability  Director  Sustainable Strategic Plan Jan. – Dec. 2023 Kristen Bertuglia,  Environmental Sustainability  Director  Wildlife Crossing at Dowd  Junction  Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd. Kristen Bertuglia,  Environmental Sustainability  Director  Global Friendship | Peer  Resort Exchange  Programming  Staff to return to town council in Q2 with proposal for areas of alignment with key peer resort and  international community exchanges.  St. Anton delegation of 12 to visit Vail beginning June 6 with official tours and meetings and a  proclamation at the town council meeting and ending with participation at the Go Pro Mountain Games  Mia Vlaar, Economic  Development Director.  Kristen Bertuglia,  Environmental Sustainability  Director  Cultural Heritage Preservation  & Programs  Summer 2022 ‐ Funding recommendations to Town Council for 2023 budget. Lori A. Barnes, Director of  Library Services  Open Lands Plan 2022‐2028 ‐ Biodiversity study to kick off in late summer 2022. Kristen Bertuglia,  Environmental Sustainability  Director  Building Code Regs & Climate  Action Plan Implementation  May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness  2023.   Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program.  Matt Gennett, Community  Development Director  EC O N O M Y   2. Dobson and Civic Area Plan  Implementation  Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town  Hall services. Currently working with architect/design firm and owner’s rep to refine conceptual designs  based on preliminary cost estimates for Dobson Ice Arena renovations.  Joint meeting with VRD and  Town Council planned in coming months.  Matt Gennett, Community  Development Director  Greg Hall, Public Works  Director  4. Zoning Review Propose changes to zoning regulations to enhance or encourage workforce housing. Matt Gennett, Community  Development Director  67 Special Events Funding Model  Alternatives Initiative  As part of the reimagining and restructure of the economic development department as a destination  marketing organization (DMO), a new structure for special events funding will be explored in Q2. Carl  Ribaudo is providing consulting services to address the town’s reorganization into a Destination  Marketing Organization including marketing, special events, welcome centers, and business  development.  Mia Vlaar, Economic  Development Director  Vail’s Stewardship Roadmap  Adoption of plan by resolution by Vail Town Council is forthcoming. Early implementation including  resourcing, budgeting, and planning to begin in Q2 2023.  Mia Vlaar, Economic  Development Director  Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total between $35 ‐ $41 million. Timeline: 3 ‐ 5 years  Currently working with architect/design firm and owner’s rep to refine conceptual designs based on  preliminary cost estimates for Dobson Ice Arena renovations.  Joint meeting with VRD and Town Council  planned in coming months.  Kathleen Halloran, Deputy  Town Manager  Economic Development  Strategic Plan Update  Following the reimagining and restructuring of the department as a destination marketing organization  (DMO), the economic development strategic plan will be updated in Q4 of 2023.  Mia Vlaar, Economic  Development Director  EX P E R I E N C E   3. Excellent Customer  Service  By November 1, 2023, achieve the following:   Create a clear definitions of excellent customer service to our residents and guests and a means of  measuring to what degree we are providing excellent customer service. A leadership meeting is  scheduled for June 15, to establish a definition from which to build reportable metrics.   Identify and implement a metric for objectively measuring organizational effectiveness and health  so that a baseline is developed which can be improved on in future years. Feb 24 met with RRC as a  first step in identifying what metrics we have available using the bi‐annual community survey and  post‐visit guest intercept surveys. Mar 22 internal meeting to discuss creating an inventory of data  to use in measuring guest experience.  May 10 have created an internal inventory of existing data  points  Kathleen Halloran, Deputy  Town Manager  Go Vail 2045 – Vail Mobility  & Transportation Master  Plan  July 2022 – May 2024.  Completed existing conditions public outreach/analysis and Noise Study update. Team is in the process  of drafting initial recommendations which will be presented to the public and Council this summer for  initial comment and feedback.  Target for completion is May 2024.  Tom Kassmel, Town Engineer  Public Works Shops  Expansion and Access  Improvements  March 2021 – June 2022. ‐ Access Improvements Engaged design team to provide a scope to provide  additional steps to provide access to the upper level of the public works shop building.  Greg Hall, Public Works  Director  E‐Vail Courier  Implementation  Oct. 1, 2022 ‐ Full implementation began. An update to Council scheduled for May 16th on the success of  the program and lessons learned.  Ryan Kenney, Police  Commander  Regional Transportation Ballot measure passed in Nov. 2022. Town Council member Barry Davis is serving as the town’s  representative on the RTA board.  This first year will be spent establishing the new RTA.    Public Parking Initiatives New parking rates and passes were implemented at the start of the 2022/23 winter season.  On April 18,  Town Council approved recommendations by the Parking Task Force to implement changes to summer  parking overnight rates and event parking rates at Ford Park.  Greg Hall, Public Works  Director  Guest Experience Initiatives PrimaVail and PrimaService programming will reengage in early summer and continue through  September. Early winter will see another reactivation of PrimaVail and PrimaService recognition for the  winter season.  Mia Vlaar, Economic  Development Director    68 AGENDA ITEM NO. 8.5 Item Cover Page DATE:May 16, 2023 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Other Updates SUGGESTED ACTION:The Town Manager may also have other updates to provide the Town Council to ensure timely communication. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 69 AGENDA ITEM NO. 9.1 Item Cover Page DATE:May 16, 2023 TIME:30 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Resolution No. 19, Series of 2023, Timber Ridge Development Agreement SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 19, Series of 2023. PRESENTER(S):George Ruther, Housing Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No 19 Series of 2023 Timber Ridge Village Apartments Development Agreement 05162023.docx TR Neighborhood DA-R051123.docx Triumph DA-A051123.pdf Repayment Slide.pptx 70 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: May 16, 2023 Re:Resolution No. 19, Series of 2023 - Timber Ridge Village Apartments Development Agreement I.Purpose The Timber Ridge Village Apartments Redevelopment Committee has been tasked with negotiating a development agreement for the redevelopment of Timber Ridge. The purpose of this agenda item is to hold a public hearing on a request for approval of Resolution No. 19 Series of 2023, a resolution of the Vail Town Council approving a development agreement between the Town of Vail and Triumph Timber Ridge, LLC, authorizing the Town manager to execute the agreement on behalf of the Town. A copy of the Resolution and the Development Agreement have been attached for reference. This agenda items advances the critical actions identified in the Vail Town Council Action Plan, furthers the adopted housing goal of the Town of Vail, and aids Vail in realizing its vision to be the premier international mountain resort community. II.Project Description The Town of Vail acquired the Timber Ridge Vail Apartments in 2003 to protect and preserve deed-restricted homes for year-round and seasonal Vail residents living and working within the Vail community. First built on 1981, the 52-year-old Timber Ridge Village Apartments are nearing the end of their useful building life cycle. The Vail Town Council has prioritized the redevelopment of the Timber Ridge Village Apartments as a critical action, consistent with a list of redevelopment goals and objectives adopted by the Town Council on February 1, 2022. A copy of the redevelopment goals and objectives have been attached for reference. 71 Town of Vail Page 2 Timber Ridge II is to be the result of a public/private partnership between the Town of Vail and Triumph Timber Ridge, LLC, to deliver a significant increase in the supply of deed-restricted home available to local residents within the Vail community. Timber Ridge II includes the new construction of 288 deed-restricted residential homes in 7 separate buildings with a total of 569 bedrooms. This new development vastly improves upon 98 deed-restricted homes and 196 bedrooms that exist today. A total of up to 296 enclosed, surface, and on-street parking spaces will be provided along with convenient access to public transportation and added mobility solutions ensures the transportation needs of the residents are met today and into the future. The 7 new buildings will be comprised of a total of 56 studio, 50 one-, 102 two-, 64 three- and 16 four-bedroom homes. These homes will be available for purchase and rent, but all must be occupied by individuals who work at least 30 hours per week in Eagle County and earn a minimum of 75%of their annual income from said business. To date, the Vail business community and employers have stepped forward to place $5,000 per home reservations on 165 of the total 288 homes. An additional 44 of the total homes are to be owned by the Town of Vail for rental opportunities within the community, with the remaining 79 homes being made available for purchase by individual homeowners as their primary residence. The Town of Vail will host a community housing lottery to select the individual buyers of the 79 homes. The proposed development site includes the town-owned Timber Ridge Village Apartments and the portion of adjacent CDOT ROW. The Colorado Transportation Commission has granted approval for CDOT to dispose of the property for fair market value. III.Development Agreement The Timber Ridge Redevelopment Committee was tasked with negotiating a development agreement with Triumph Timber Ridge, LLC, based upon the input and direction received from the Vail Town Council. The success of the negotiated agreement relies heavily upon the financial participation of the Town of Vail and the Vail business and employer community. With an estimated total development cost of approximately $165M, Timber Ridge II will be the largest capital investment made towards resident housing in Vail’s history. To achieve this milestone, however, the recommended financial approach to fund the redevelopment requires an approximate $49.5M of seed money and contributions from the Town of Vail and the ability to sell approximately $152.2M worth of homes to Vail business owners and employers and to individual home buyers. In the end, the Town’s total seed money and contributions will be returned. Most importantly, not only does this funding approach lessen the financial challenges of the redevelopment and create the opportunity for the Town to redevelopment Timber Ridge, but this approach also ensures the ability to reinvest the Town’s limited financial resources to deliver more housing solutions in the future. The following amounts summarize the estimated costs and revenue associated with the proposed redevelopment: 72 Town of Vail Page 2 Total Estimated Gross Development Revenue: $181.9M Estimated Closing Sales & Administration Cost: $3.2M Total Net Sales Revenue: $178.7M Total Estimated Development Cost: $165M o Triumph Contribution Vertical Construction Financing – ($114M) Total Estimated Net Sales Proceeds: $66M to be split 30% Triumph - 70% ToV o Triumph Compensation - $16.4M o ToV Contribution - $49.5M Closing cost, Land value, CDOT land acquisition, Existing debt ($11.5M) Horizontal Construction (ToV) – ($38M) The following terms summarize the development agreement recommended for approval in Resolution No. 19, Series of 2023: Development Agreement Terms: o The Town of Vail shall contribute the land and provide the seed money to fund the site grading/retaining development, below grade infrastructure, dry and wet utilities costs, and the parking podiums, resulting in finished building pads readied for vertical construction of the residential homes. Estimated costs for this work is $38M. o The Town of Vail shall subordinate the title to the land to the construction lender for the duration of the construction period only. Upon sales, however, the amended deed restrictions recorded on the titles to each of the condominium units shall be in the first and prior position ahead of any deed of trust and not subordinate to any financial lending. o The Town of Vail shall be a co-applicant on all required development applications and shall be authorized to sign said applicants. o As co-applicants, the Town and Triumph shall mutually agree on all plans and material specifications. Plans and specifications shall be incorporated into the development agreement by reference. o Triumph is a developer-at-risk, and as such all work, including, but not limited to, design development, engineering, testing, entitlement, and horizontal and vertical construction, shall be contracted directly through the developer with its general contractor and any sub-consultants, and not with the Town of Vail. o The Town of Vail reserves the right to review all agreements between Triumph and its contractor. o Triumph shall be responsible for all vertical development costs and guarantees to deliver 288 deed-restricted homes, subject to an Approved Development Plan. The approved plans shall be incorporated into the development agreement by reference. o Triumph shall provide a minimum two-year warranty on the Town-owned building and a one-year warranty on all others. All warranties shall be fully assignable and transferable and protect the Town from claims of construction defects. o Triumph shall cause its general contractor to secure a payment and performance bond with the Town of Vail a listed beneficiary. 73 Town of Vail Page 2 o Triumph shall be responsible for the legal subdivision of the property, including delivering a final condominium unit map and all pertinent association governing documents. o Triumph, with the administrative assistance of the Town of Vail Housing Department, shall be responsible for the marketing and final sale of each of the homes, including completing a community housing lottery process for the sale of the homes to individuals. o To the extent permissible by law, the Town of Vail may elect to maintain a controlling interest in the master association as well as maintain a position within each of the sub-associations in exchange for its contribution of the land value. o As the homes are completed and sold, and following the complete repayment of the $114M in construction lending debt, the Town of Vail shall be repaid for its total seed money contribution ($38M) and reimbursable costs ($11.5M) (i.e. land value, existing debt, CDOT parcel) o Net sales proceeds from the sale of each building shall be distributed between the TOV and Triumph Development 70% - 30% until the Town is repaid its total seed money and contributions. o Triumph shall be entitled to a developer fee of $8.175M, plus an added $16.4M for development risk. o Any project savings beyond the repayment of theTown’s seed money and contribution and Triumph’s compensation shall be distributed to Triumph and the Town of Vail subject to a 85% - 15% share. o Financing: Horizontal – Town of Vail financed Building D (town-owned) Town of Vail financed Vertical – Triumph financed o Milestone Project Schedule: Development Application Submittal – June 26, 2023 Building Permit Application Submittal – March 4, 2024 Construction Start – May 1, 2024 First Occupancy – November 1, 2025 o Triumph shall be subject to liquidated damages, to the benefit of the individual home buyers, for failure to deliver certificates of occupancy according to the closing and possession dates established in a purchase and sale contract. Triumph shall be subject to a $1,000 per unit penalty, plus an added $250 per unit per day penalty for each additional day of delay beyond the first. o Triumph shall be subject to liquidated damages, to the benefit of the Town of Vail, for failure to receive a building permit and commence construction on the May 1,2024. Triumph Development shall be subject to a $5,000 per day penalty for each day of delay after May 1, 2024. IV.Next Steps The redevelopment of the Timber Ridge Village Apartments is planned to commence on May 1, 2024. With a May 2024 construction start, the first homes will be ready for occupancy by November, 2025. A development agreement between the Town of Vail and Triumph Development is required. Currently, the parties are anticipating the review of a development agreement during the 74 Town of Vail Page 2 evening session of the Vail Town Council on May 16, and subject to approval of an authorizing resolution. The proposed development agreement will be available for public review by no later than May 11. The entitlements and permitting process will occur between now and March 1, 2024. More importantly, to remain on schedule, a building permit application for the first phase of development shall be submitted by no later than March 4, 2024. To that end, the development review applications shall be submitted to the Town of Vail Community Development Department by no later than June 26 for an initial public meeting with the Planning & Environmental Commission on July 24. All meetings are open to the public and members of the public are encouraged to participate in the review of this important community project. Further, on April 20, the Colorado Department of Transportation Commission unanimously approved a resolution authorizing the disposal of a portion of CDOT ROW adjacent to the Timber Ridge development site. The Town’s acquisition of the adjacent ROW allows for the development of a seventh building on the site. The acquisition of the parcel is expected to occur later this summer. The next regularly scheduled update from the Timber Ridge Village Apartments Redevelopment Committee is set for June 6, 2023. V.Recommendation The Development Agreement achieves the development goals and objectives affirmed by the Vail Town Council at the start of the Timber Ridge Redevelopment process. As proposed, the redevelopment seizes the housing opportunity afforded by more than doubling the number of deed-restricted homes on the site, prioritizes homes over parking, ensures a 100% deed- restricted development, creates 100% electrification of the buildings, optimizes the use of the site, minimizes the short term impact of redevelopment on the existing residents, ensures financial sustainability through the innovative approach of partnering with the business community, and cements Vail’s role as a leader in the delivery of homes for local community residents. Further, the proposed agreement minimizes any financial subsidy required of the Town of Vail to deliver 288 deed-restricted homes thereby increasing the Town’s ability to deliver additional housing solutions for the Vail community, and ensures a construction start on May 1, 2024. Lastly, a third party real estate consultant analyzed the development deal structure and expressed support for the approach and terms as presented. The Timber Ridge Redevelopment Committee recommends the Vail Town Council approves Resolution No. 19, Series of 2023, as presented. Upon doing so, the town staff and the developer will continue taking the steps necessary to commence construction by no later than May 1, 2024. 75 Town of Vail Page 2 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: 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. 76 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BD3F7\@BCL@940BD3F7.DOCX RESOLUTION NO.19 SERIES OF 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH TIMBER RIDGE, LLC WHEREAS, the Town owns certain real property described as Lot 1, Timber Ridge Subdivision, Vail, Colorado, and the Town intends to take ownership of a certain parcel of real property adjacent to the Town owned property which is currently owned by the Colorado Department of Transportation, and further described in the attached Exhibit A (the "Property"); and WHEREAS, the Town wishes to convey the Property to Triumph Timber Ridge, LLC, for the redevelopment of the Property for deed-restricted employee housing, pursuant to the terms of the Development Agreement attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Development Agreement in substantially the same form attached hereto, subject to approval by the Town Attorney. Upon such approval, the Town Manager is authorized to execute the Development Agreement on behalf of the Town. INTRODUCED, READ, PASSED AND ADOPTED THIS 16 th DAY OF MAY, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 77 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this ___ day of _____________, 2023 (the "Effective Date"), by and between the Town of Vail, Colorado, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and Triumph Timber Ridge, LLC, a Delaware limited liability company with an address of 12 Vail Road, Suite 700, Vail, CO 81657 ("Developer") (each a "Party" and collectively the "Parties"). WHEREAS, the Town owns the real property described as Lot 1, Timber Ridge Subdivision, and is purchasing the real property described in Exhibit A, attached hereto and incorporated herein by this reference (collectively the "Property"); WHEREAS, the Town wishes to convey the Property to Developer for the redevelopment of the Property for deed-restricted employee housing (the "Development"); and WHEREAS, the Parties wish to elaborate on the terms of the Development process and parameters of the Development. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. General Terms of Development. a. Design and Layout. The Development will consist of: 288 residential dwelling units (each a "Unit") in 7 individual buildings, with a total of 569 bedrooms; a minimum of 292 enclosed, surface and on-street parking spaces; and associated landscaping, lighting, driveway and walkway improvements. The total number of Units will be comprised of 56 studio Units, 50 one-bedroom Units, 102 two-bedroom Units, 64 three-bedroom Units and 16 four-bedroom Units. b. Plans. The current plans for the Development are attached hereto as Exhibit B and incorporated herein by this reference (the "Plans"). The Parties anticipate that the Plans will be revised to finalize same for construction and as may be modified during the entitlement process, with approval of both Parties, without the necessity of an amendment to this Agreement. c. Development Costs. As set forth in Exhibit C, attached hereto and incorporated herein by this reference, the total estimated cost for completion of the Development is $165,000,000 (the "Estimated Total Costs"). The Town is contributing $11,500,000 in land, land acquisition costs and related costs, and an estimated $38,000,000 in construction costs for site work and construction of podium and parking, for an estimated total of $49,500,000 (the "Town Contribution"). The remaining amount of the Total Costs shall be financed by Developer. 78 2 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX 2. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: a. Building Permit: includes a building permit, asbestos abatement permit, demolition permit or grading and foundation permit. b. Legal Challenge means a legal proceeding filed by a third party unrelated to the Parties challenging this Agreement or the zoning, platting or other development approval of any portion of the North Parcel, an appeal of any zoning, platting or other development approval, or a petition for referendum to repeal any ordinance approving a development application. c. Net Sales Proceeds: with respect to each Unit, the gross sale price of the Unit less: (i) the amount required to be paid upon the sale with respect to any loans payable by Developer related to the Development and (ii) customary costs of sale of the Unit, including without limitation prepaid or prorated items, title company charges, closing costs, and other appropriate fees and expenses. 3. Obligations of the Town. a. Conveyance. The Town shall convey the Property to Developer, by special warranty deed subject to statutory exceptions, prior to the issuance of any Building Permits. b. Cooperation. The Town shall cooperate with Developer in conducting any appropriate due diligence relating to the Property, and shall provide any information relating to the Property to Developer upon request. c. Taxes. Unless the Development is otherwise exempted, the Town shall refund 100% of all amounts paid by Developer for the Town's construction and building materials use tax applicable to the Development, which refund shall be paid by the Town to Developer within 7 days after Developer's payment. d. Co-applicant. The Town shall be a co-applicant on all required land use applications for the Development. e. Deed Restrictions. Currently, the entire Property is subject to an existing deed restriction, dated July 17, 2003 and recorded with Eagle County at Reception No. 840811 (the "Existing Deed Restriction"). Upon completion of construction and prior to a sale of any portion of the Property by Developer, the Town shall replace the Existing Deed Restriction with new, separate deed restrictions against each of the buildings or Units, as applicable. There shall be two types of deed restriction, one for the sale of Units to individuals, and one for the sale of Units to businesses or other organizations, including the Town, for rental by individuals. The deed restrictions shall be in the form attached hereto as Exhibit D and incorporated herein by this reference. f. Financial Contribution. Expressly subject to Section 14.h. hereof, the Town shall provide funding for the actual costs incurred by Developer for site grading, below 79 3 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX grade infrastructure, dry and wet utilities, and the parking podiums, to result in finished building pads readied for vertical construction of the residential homes on the Property, in an amount estimated to be $38,000,000. Payment of these funds shall be made by the Town to Developer as payments are due under Developer’s construction contract(s) for such improvements for costs actually incurred. 4. Developer's General Obligations. a. Development. Subject to the terms and conditions of this Agreement and the obligations of the Town hereunder, Developer shall be solely responsible for ensuring that the Development is constructed in compliance with this Agreement, the Plans and all applicable law, including without limitation design, engineering, testing, entitlement, and horizontal and vertical construction, at Developer's sole risk. b. Applications, Drawings and Permits. Developer shall prepare all applications, design drawings and plans for the Development, and shall be responsible for obtaining all required Building Permits and other permits for the Development, at Developer's own expense. c. Professional Responsibility. Developer 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 Developer 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 Developer hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. 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 Agreement or of any cause of action arising out of the performance of this Agreement. d. Applicable Law. In connection with the Development, Developer shall comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the protection of human health, safety or the indoor or outdoor environmental, including (without limitation) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable Colorado environmental laws; and all other federal, state or local laws and regulations relating to, or imposing liability or standards of conduct 80 4 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX concerning any hazardous, toxic or dangerous waste, substance or material, now or at any time hereafter in effect. e. Books and Records. Developer shall maintain all books and records related to the Development for public inspection. Upon request by the Town, Developer shall provide evidence of all costs and expenses related to the Development. 5. Construction. a. Schedule. Developer shall commence construction of the Development on or before May 1, 2024, and thereafter manage the schedule of construction of the Development and complete and deliver the Development to the Town in compliance with the schedule attached hereto as Exhibit E and incorporated herein by this reference. b. General Contractor. The construction contract with the general contractor shall be subject to the Town's prior written approval. Developer is authorized to select a replacement general contractor, if necessary, at Developer’s discretion, but only after consultation with the Town. c. Contracts. All contracts between Developer and any other person or entity working on the Development shall be subject to the prior review and written approval of the Town. d. Warranty. Developer shall cause the general contractor to provide a one- year warranty to the buyers of the Units, commencing on the date of closing of the sale of each Unit. During the warranty period, Developer shall manage any work performed by the general contractor or any subcontractor under the warranty. 6. Public Improvements. a. Construction. i. Developer shall cause to be constructed all required public improvements associated with the Development and approved by the Town, as depicted on the Plans (the "Public Improvements"). The Public Improvements are expected to include sidewalks and stairs, bus transit stops, street lights and fixtures, and landscaping within the public right-of-way, and South Frontage Road traffic lane improvements, including drainage. ii. The Town may make reasonable engineering observations. Observation, acquiescence in or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the Town of any portion of such Improvements. iii. Developer shall provide all necessary engineering designs, surveys, field surveys and incidental services related to the construction of the Public Improvements, including reproducible "as-built" drawings certified accurate by a professional engineer registered in the State of Colorado. 81 5 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX iv. Developer shall be fully responsible for the prompt repair of any property which may be damaged during construction of the Public Improvements, whether such property is public or private. To the extent any construction traffic damages any Town streets, Developer shall be responsible for repair of such damage or the reconstruction of such streets, as the Town determines appropriate. v. Developer shall not be considered the agent of the Town in the construction, erection or operation of any Public Improvements. b. Delivery and Acceptance. i. Upon completion of any Public Improvements, Developer shall submit to the Town written notice of completion. Within 14 days after the notice, the Town shall either: issue written notice to Developer of completion and acceptance of the Improvements; or issue written notice to Developer that the Town does not accept all or any portion of the Improvements, accompanied by a detailed description of the issues that must be remedied for the Town to accept the Improvements. The Town's failure to issue either notice shall be deemed the Town's acceptance of the Improvements. ii. Upon completion of any remedial work, Developer shall again give notice and the procedures described in this Section will be repeated with respect to such items. iii. Acceptance of Improvements is the binding acknowledgement of the Town that the improvements accepted are complete and Developer has satisfied its obligations under this Agreement with respect to the construction of same, subject only to the warranty provisions of this Agreement. c. Warranty. Developer warrants and guarantees that, for 2 years from the date of acceptance, each Public Improvement: is not defective; will not fail; has been constructed and installed in a workmanlike manner suitable for its intended uses; and has been constructed in compliance with all applicable law and all applicable land use approvals. 7. Sale of Units. a. Subdivision. Developer shall be responsible for the preparation and filing of all required applications to subdivide the Property so as to enable the Units to be sold in compliance with the Plans. b. Common Interest Community. Developer shall be responsible, at Developer's sole expense, for the drafting and recordation of all necessary documents to create a common interest community on the Property. The Parties anticipate that there will be one master owners' association, and that each building will have a separate, sub- association. The details of the common interest community and the final documents establishing such community are subject to the Town's approval. 82 6 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX c. Marketing and Contracts. Developer shall be responsible for all matters related to the marketing for sale, contracting for sale, and all other matters related to the sale of the Units and all costs related thereto. Each form of contract for sale (one for sale to the Town, one for sale to businesses, and one for sale to individual buyers) shall be subject to the Town's prior written approval. d. Town Building. As noted in the Plans, Developer shall sell Building D to the Town, upon issuance of a certificate of occupancy for all Units in Building D, at the standard price established by the Parties for the sale of Units within the Development, based on the number and type of Units in Building D. Developer shall provide a 2-year warranty on Building D, commencing at the closing of the sale of Building D, so long as the Town pays any incremental cost incurred by Developer for the additional warranty. 8. Compensation. a. Developer Fee. For planning, staffing, managing and completing the Development in accordance with the Plans and this Agreement, the Developer shall earn a fee of $8,175,000 (the "Developer Fee"). The Developer Fee is budgeted in the Total Costs and is not included in the Town Contribution. b. Sales Proceeds. In addition to the Developer Fee, following repayment of Developer's construction financing, Developer shall initially retain an amount equal to 30% of the net sales proceeds from the initial sale of each Unit and the remaining 70% shall be transferred to the Town and applied as repayment of the Town Contribution. When the Developer has received $16,400,000 from net sales proceeds, the Town shall thereafter receive 100% of net sales proceeds until the Town has received an amount equal to the total of the Town Contribution. Thereafter, any net sales proceeds shall be split between the Parties, with 15% transferred to the Town and 85% retained by Developer. 9. Term and Termination. a. Term. This Agreement shall commence on the Effective Date, and, unless otherwise terminated as provided herein, shall terminate 2 years after the issuance of the final Certificate of Occupancy for the Development, provided that the warranty, insurance and indemnification provisions of this Agreement shall survive its termination. b. Early Termination. Developer may undertake due diligence review of the Property at Developer’s discretion and at Developer’s expense. Developer may terminate this Agreement on or before August 1, 2023 if Developer notifies the Town of any unacceptable condition or matter discovered upon such review (other than the asbestos issues that have already been disclosed by the Town) and the Parties do not agree on a resolution of such unacceptable matter or condition. If the Parties have not agreed upon the final amount of Total Costs, despite good faith negotiations, on or before the earlier of (i) Town Design Review Board approval of the Development, or (ii) December 1, 2023, then either Party may terminate this Agreement. Upon any such early termination, Developer is solely responsible for any costs incurred by Developer. 83 7 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX 10. Insurance. a. Policies. Developer agrees to procure and maintain, at its own cost (included in the Contract Price), a policy or policies of insurance as described on Exhibit F, attached hereto and incorporated herein by this reference, including commercial general liability insurance as an Owner Controlled Insurance Policy (the "OCIP"), fire and extended coverage insurance, which during construction shall be carried in Builder’s Risk form, and pollution insurance. b. Standards. 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. 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 Developer. Developer shall be solely responsible for any deductible losses under any policy. c. Certificates. Developer shall provide to the Town certificates of insurance as evidence that the required policies are in full force and effect. The certificates shall identify this Agreement. 11. Indemnification. Developer 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 Developer, any subcontractor of Developer, or any officer, employee, representative, or agent of Developer, or which arise out of a worker's compensation claim of any employee of Developer or of any employee of any subcontractor of Developer. Developer's liability under this Section 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 Developer, any subcontractor of Developer, or any officer, employee, representative, or agent of Developer or of any subcontractor of Developer. 12. Developer Default and Remedies. a. Default. Each of the following is a Developer default of this Agreement: i. If Developer fails to perform any of its obligations under this Agreement and fails to remedy the same within 30 days after Developer is given a written notice specifying the same; provided that, if the nature of the violation is such that it cannot reasonably be remedied within 30 days, and Developer provides evidence to the Town that the violation cannot reasonably be remedied within 30 days, then 84 8 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX the violation shall be remedied as soon as reasonably practicable, but in any case, within 90 days of the original notice of violation. ii. If an involuntary petition is filed against Developer under a bankruptcy or insolvency law or under the reorganization provisions of any law, or when a receiver of Developer, or of all or substantially all of the property of Developer, is appointed without acquiescence, and such petition or appointment is not discharged or stayed within 90 days after the happening of such event. iii. If Developer makes an assignment of its property for the benefit of creditors or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief under any other law for the benefit of debtors. b. Remedies. If a Developer default occurs, the Town may, in its sole discretion and without waiving any other rights under this Agreement or available to the Town, cause construction of all or part of the Development to be completed and recover appropriate damages from Developer. If the Town proceeds to complete the Development, Developer shall, at the Town's request, promptly deliver a copy of all of Developer's plans and specifications related to construction of the Development. In addition to the specific remedies set forth herein, the Town shall have all other remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy. 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. c. Liquidated Damages. Because time is of the essence and delayed performance constitutes a compensable inconvenience to the Town and its residents, if Developer fails to deliver any Unit the Development in accordance with the Schedule, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty. Allowing Developer to continue and complete the Development or any Units after the deadlines set forth in the Schedule shall not operate as a waiver on the part of the Town of any of its rights under this Agreement. The liquidated damages provided in this Section shall be the Town’s sole and exclusive remedy for damages arising out of Developer’s delay in delivering any Unit per the Schedule. The liquidated damages provided hereunder shall not limit the Town’s right to pursue other remedies against Developer, at law or in equity, arising out of any default of Developer other than delay. Liquidated damages may be deducted from any payment due to Developer. If the liquidated damages exceed the amount owed to Developer, Developer shall reimburse the Town within 30 days of notice thereof. The following liquidated damages shall apply: i. For each day beyond the deadline set forth in Section 4.a. that construction is not commenced, Developer shall be assessed the amount of $5,000 per day. ii. For each day of delay beyond the deadline set forth in the Schedule that any Unit is not delivered to an individual buyer, Developer shall be assessed the amount of $1,000, plus $250 per day for each Unit that is not delivered, to be paid 85 9 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX to the individual buyer. This provision shall be included in the purchase and sale agreement between Developer and each individual buyer. 13. Town Default and Remedies. a. Default. Each of the following is a Town default of this Agreement: i. If the Town fails perform any of its obligations under this Agreement other than its obligation to pay the expenses and fees of the Development and fails to remedy the same within 30 days after the Town is given a written notice specifying the same; provided that, if the nature of the violation is such that it cannot reasonably be remedied within 30 days, and the Town provides evidence to Developer that the violation cannot reasonably be remedied within 30 days, then the violation shall be remedied as soon as reasonably practicable, but in any case, within 90 days of the original notice of violation. ii. If the Town fails to pay any amount owed to Developer under this Agreement within 7 days after the date such payment is due. b. Remedies. If a Town default occurs, Developer shall have all remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy, provided that Developer shall not have the remedy of specific performance against the Town. Without limiting the generality of the foregoing, in the event a Town default occurs, Developer may terminate this Agreement upon notice given to the Town, without waiving any of its rights or remedies hereunder. 14. Miscellaneous. a. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. b. Integration. This Agreement and any attached exhibits constitute the entire agreement between Developer and the Town, superseding all prior oral or written communications. c. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. d. 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. e. 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. f. Assignment. Developer may assign this Agreement to an entity formed by Developer specifically for purposes of fulfilling its obligations under this Agreement. Other 86 10 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX than such initial assignment, there shall be no transfer or assignment of any of the rights or obligations of Developer under this Agreement without the prior written approval of the Town. g. Third Parties. There are no intended third-party beneficiaries to this Agreement. h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. All obligations of Developer under this Agreement are specifically contingent upon the Town appropriating sufficient funds. i. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. j. Independent Contractor. Developer is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Developer to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Developer for all purposes. Developer shall make no representation that it is a Town employee for any purposes. k. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. l. Recording. This Agreement shall be recorded with the Eagle County Clerk and Recorder. The benefits and obligations of the Parties under this Agreement shall run with the land, and shall be binding on, and enforceable by, any subsequent holder of an interest in the Improvements or in the Property. m. 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 attacks, strikes, riots, war, labor disputes, pandemics or the authority and orders of government. n. Legal Challenge. If a Legal Challenge occurs, this Agreement will remain in full force and effect through and until the 31st day following entry of a final, non- appealable order resolving such Legal Challenge, unless earlier terminated or modified by a written amendment signed by the Parties. If a Legal Challenge occurs, all deadlines and time requirements in this Agreement shall be tolled until such time as a final, non - appealable order resolving such Legal Challenge is entered. If a Legal Challenge successfully voids, enjoins, or otherwise invalidates this Agreement or a portion thereof, the Parties shall cooperate to cure the legal defect in a manner that most fully implements 87 11 5/11/2023 Q:\USERS\VAIL\TR NEIGHBORHOOD\AGR\TRIUMPH DA-A051123.DOCX the intent and purpose of this Agreement; provided, however, that if the Parties do not enter into a written agreement to cure the defect, either Party may terminate this Agreement. WHEREFORE, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forest, Town Manager ATTEST: _________________________________ Stephanie Bibbens, Town Clerk TRIUMPH TIMBER RIDGE, LLC _______________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of __________________, 2023, by _________________________ as the _______________________ of Triumph Timber Ridge LLC. My commission expires: (S E A L) ________________________________ Notary Public 88 89 90 40' UTILITY EAS E M E N T 4 YARD DUMPSTER RECYCLE 6 YARD DUMPSTER NORTH FRONT A G E R O A D 8140 8160 8160 8160 8150 8150 8150 8150 8140 8130 8140 32 80 6 YARD DUMPSTER NORTH 0 10 30 50 BUILDING C TOV BUS STOP SEE CIVIL DRAWIN G S 8168 8162 8160 LIONS RIDGE LOOP 20'-0" S E T B A C K 2 0 ' - 0 " S E T B A C K 8092 8095 8101 8105 8106 8107 14'-0" W I D E E M E R G E N C Y A C C E S S R O A D BUILDING F 16 28 8 - UNITS PER FLOOR (4 - 4's / 4 - 2's) 4 LEVELS = 48,000SF ROOF TOP PATIO 32 UNITS = 104 TOTAL BEDROOMS 20 8 UNITS PER FLOOR (3-1's / 5-2's) 4 LEVELS = 35,720 GSF ROOF TOP PATIO 32 UNITS = 52 TOTAL BEDROOMS BUILDING E 8 UNITS PER FLOOR (2 - 1's / 4 - 2's / 2 - 3's) 4 LEVELS = 31,600 GSF ROOF TOP PATIO 32 UNITS = 64 TOTAL BEDROOMS 4 YARD DUMPSTER RECYCLE 6 YARD DUMPSTER 4 YARD DUMPSTER RECYCLE 6 YARD DUMPSTERBUILDING D 32 30 1913 19 19 8100 8090 8090 8090 8086 8084 8102 8114 8108 8120 8126 8132 8138 8144 8150 8156 8161 81028102 8098 8088 8080 8099 8097 8104 8106 REDUCE TO 20 ' U T I L I T Y E A S E M E N T ( V A R I A N C E ) 8103 PS - 6PS - 7PS - 8PS - 9PS - 10PS - 11PS - 12PS - 13PS - 14PS - 15PS - 16PS - 17PS - 18PS - 19PS - 20PS - 21PS - 22PS - 23PS - 24PS - 25 22 ' - 0 " BUILDING CDOT BUILDING A 11 UNITS PER FLOOR (16 -S / 20 - 2'S / 8-3's) 4 LEVELS = 45,500 GSF (INCLUDING DECKS) ROOF TOP DECK 44 UNITS = 80 TOTAL BEDROOMS 4 YARD DUMPSTER RECYCLE 12 UNITS PER FLOOR (16 - S / 4-1's / 20-2's / 8-3'S) 4 LEVELS = 51,480 GSF (INCLUDING DECKS) ROOF TOP DECK 48 UNITS = 84 TOTAL BEDROOMS 32 BUILDING B 12 UNITS PER FLOOR (16 - S / 4-1's / 20-2's / 8-3'S) 4 LEVELS = 51,480 GSF (INCLUDING DECKS) ROOF TOP DECK 48 UNITS = 84 TOTAL BEDROOMS PS - 25PS - 26PS - 27PS - 28PS - 29PS - 30PS - 31PS - 32PS - 33PS - 34PS - 35 8107 8109 8110.58112 8114 8106 8109 8116 8116 8120 8124 8130 8135 8140 8146 8152 8158 8162 PS - 36PS - 37PS - 38PS - 39PS - 40 TOV BUS STOP FIRE ACCESS ROAD 5'-0" SETBACK (VAR I A N C E ) 48 UNITS PER FLOOR (12 -S / 3 - 1'S / 9 - 2'S / 12-3's) 4 LEVELS = 53,000 GSF (INCLUDING DECKS) 48 UNITS = 91 TOTAL BEDROOMS BUILDING ENTRY LEASING OFFICE PARKINGLEASING OFFICE 2 BED / 2 BATH 850 SF KITCHEN LIVING SPACE BEDROOM #1 BEDROOM #2 STAIR 3 BED / 2 BATH 1050 SF KITCHEN LIVING SPACE BEDROOM #1 BEDROOM #2 BEDROOM #3 2 BED / 1 BATH 702 SF BEDROOM #1 LIVING SPACE KITCHEN BATH BEDROOM #2 1 BED / 1 BATH 610 SF BEDROOM #1 LIVING SPACE KITCHEN BATH 2 BED / 2 BATH 850 SF KITCHEN LIVING SPACE BEDROOM #1 BEDROOM #2 STAIR 3 BED / 2 BATH 1050 SF KITCHEN LIVING SPACE BEDROOM #1 BEDROOM #2 BEDROOM #3 2 BED / 1 BATH 702 SF BEDROOM #1 LIVING SPACE KITCHEN BATH BEDROOM #2 COMMUNICATING DOOR UPDN 1 BED / 1 BATH 610 SF BEDROOM #1 LIVING SPACE KITCHEN BATH STAIR COMMUNICATING DOOR UP DN TIMBER RIDGE PHASE IISITE = 210,400 SF SITE PLAN STUDY158 PODIUM PARKING 80 SURFACE PARKING 238 TOTAL PARKING SPACES 236 APARTMENT UNITS / 475 BEDROOMS WITH CDOT BUIDING 284 APARTMENT UNITS / 566 BEDROOMS STUDIO UNITS = 56 1 BEDROOM UNITS = 46 2 BEDROOM UNITS = 97 3 BEDROOM UNITS = 69 4 BEDROOM UNITS = 16 ADDITIONAL APARTMENT BUILDING IN CDOT ROW - 48 UNITS / 91 BEDROOMS - 32 PODIUM PARKING SPACES PR O P O S E D SI T E P L A N Dr a w n b y : Ch e c k e d b y : Sh e e t Re v i s i o n s : S h e e t t i t l e St a m p Da t e : Pr o j e c t N o : 20 2 3 T R I U M P H ww w . t r i u m p h d e v . c o m TR I U M P H DE V E L O P M E N T WE S T 10 5 E d w a r d s V i l l a g e B l v d #C 2 0 1 Ed w a r d s C O 8 1 6 3 2 P. O . B o x 2 4 4 4 2/ 1 4 / 2 0 2 3 ME F ME F TI M B E R R I D G E - P H A S E I I VA I L , C 0 8 1 6 5 7 1" = 30'-0"1 "A" CDOT/ROW - SCHEMATIC SITE PLAN A1.0 91 92 EXHIBIT D 93 Timber Ridge II Housing Subdivision 5/5/23 Development / Construction Schedule Triumph Development West Activity Begin Date Duration End Date Notes Legal Design and Entitlement PEC prep 5/3/23 6/26/23 PEC prep PEC #1 submission date 6/26/23 Submission for PEC meeting PEC #1 meeting 7/24/23 First PEC meeting PEC meeting two prep 7/25/23 8/10/23 second meeting prep from PEC feedback PEC #2 meeting 8/28/23 Second PEC meeting DRB submission 8/28/23 Submission for DRB meeting #1 (Sept. 20th) DRB #1 introduce project 9/20/23 Discuss project and process PEC meeting three prep 8/29/23 9/11/23 third meeting prep from PEC feedback PEC #3 meeting 9/25/23 Third PEC meeting, ask for approval TOV council update 10/3/23 10/3/23 update TOV council DRB #2 submission 10/4/23 submission for DRB meeting #2 (Oct 18th) DRB #2 meeting - details / pallette / colors 10/18/23 set parameters for building details / pallettes / colors Prepare TOV grading / utility / foundation Permit Set(s)8/28/23 90 1/12/24 Working on CD's during entitlement submit for TOV grading / utility / foundation permit 1/15/24 schedule work sessions leading up to this date Submit for abatement permit 1/22/24 4/1/24 submission with State - verifying reqs. / duration submit for demo permit 1/29/24 4/8/24 Demo to follow abatement review / approval TOV foundation permit 1/15/24 70 4/15/24 confirm with Building department 94 EXHIBIT F 95 - $114M Construction Loan Payoff - Funded from the sales of the homes upon completion - Highest priority repayment obligation - $49.5M Town of Vail - Contributions ($11.5M) & Seed Money Equity ($38M) - $16.4M Triumph Timber Ridge, LLC – Compensation - Following the construction loan payoff the Net Sales Proceeds from the sale of the buildings funds a 70% ToV / 30% Triumph payback Potential Development Project Savings split 85% Triumph / 15% ToV DEBT & EQUITY REPAYMENT MODEL 1 2 3 5/16/2023 96 AGENDA ITEM NO. 9.2 Item Cover Page DATE:May 16, 2023 TIME:20 min. SUBMITTED BY:Steph Johnson, Public Works ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Resolution No. 20, Series of 2023, Operating Agreement for Residences at Main Vail SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 20, Series of 2023. PRESENTER(S):Kathleen Halloran, Deputy Town Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230516 RMV Ops Agr.docx Resolution No. 20 - RMV Operating Agreement_.doc RMV Mgmt-A050923kh.docx 97 TO:Vail Town Council FROM:Town Manager’s Office DATE:May 16, 2023 SUBJECT: Residences at Main Vail Property Management Agreement I.SUMMARY The purpose of this discussion is to present the Residences at Main Vail property management agreement between the Town of Vail and Triumph West Management, LLC. II.BACKGROUND In the prior months, staff has met with Triumph representatives to work through details of expectations, operations policy guidelines and agreement terms. In general, the property management agreement includes all areas of operations, including leasing and collections activity, annual budgeting and financial reports, adhering to the Fair Housing Act mandates, maintenance and cleaning, snow removal, etc. for Residences at Main Vail. III.DISCUSSION Basic terms of the management agreement are as follows: One year term agreement, with two renewals by mutual consent Termination with 120 day’s written notice by either party Triumph management fee of 4% of gross receipts RMV (Town) covers all operating expenses of managing the property Triumph prepares all budgets and financial reports; RMV (Town) approves annual budgets and financials Triumph performs all day-to-day operations, such as lease-up, resident communications, bill paying, rent collection, unit turnover, repair and maintenance, managing security access, parking space management, pet policy enforcement, snow removal, etc. Triumph responsible for rules and regulations and enforcement of same Triumph responsible for contracting and overseeing capital repairs with Town approval and Town supporting oversight / inspection Triumph will provide an onsite maintenance manager RMV (Town) will provide onsite manager with a unit to live in, with Triumph covering rental cost at standard rental rate Triumph responsible for annual deed restriction compliance reporting to the Town IV.ACTION REQUESTED OF COUNCIL Approve Resolution No. 20, Series 2023 98 RESOLUTION NO.20 SERIES OF 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A PROPERTY MANAGEMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH WEST MANAGEMENT LLC THE MANAGEMENT OF THE RESIDENCES AT MAIN VAIL WHEREAS, the Town owns a certain for rent, deed restricted apartment project known as the Residences at Main Vail and with a physical address of _____________________ Vail, Colorado __________ (the "Property"); WHEREAS, the Town wishes to hire Triumph West Management LLC to manage the Property and Triumph West Management LLC desires to assume all such responsibilities in accordance with the terms and provisions of the Property Management Agreement, attached hereto as Exhibit A, and incorporated herein by this reference (the “Management Agreement”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THETOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Management Agreement in substantially the same form attached hereto as Exhibit A,and in a form approved by the Town Attorney, and authorizes the Town Manager to execute theManagement Agreement on behalf of the Town. Section 2.This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Town Council held this 16th day of May, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 99 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX PROPERTY MANAGEMENT AGREEMENT (Residences at Main Vail) This PROPERTY MANAGEMENT AGREEMENT (the “Agreement”) is made and entered into this _____ day of ____________, 2023 (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 Triumph West Management, LLC, an independent contractor with an address of _________________, ("Manager") (each a "Party" and collectively the "Parties"). WHEREAS, the Town owns the real property described in Exhibit A,attached hereto and incorporated herein by this reference (the “Property”); WHEREAS, the Town wishes to hire Manager to manage the Property (as defined below) and Manager desires to assume all such responsibilities in accordance with the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I.SCOPE OF SERVICES A.Manager 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 B, 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 Manager proceeds without such written authorization, Manager 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. C.The Town's Housing Director or designee shall be the Town's representative with respect to all communications with Manager. When the approval or consent or other action of the Town is called for hereunder, such approval, consent, or action shall be binding on the Town if approved in writing by the Town's Representative; provided, however, that the Town's Representative may not authorize any modifications to this Agreement. D.To enable Manager to fulfill its duties under this Agreement, the Town shall make Unit 1009 available for use as an on-site manager’s residence, at the current market rental rate. If Manager does not use this Unit for an on-site manager's residence, the Unit shall not remain vacant, but shall instead return to the pool available to other qualified tenants. 100 2 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX II.TERM AND TERMINATION A.The term of this Agreement shall commence on the Effective Date and shall continue for a period of one year, unless otherwise terminated as provided herein. The Parties may consent to renewal, for up to 2 additional terms, on the same terms as conditions as provided herein. B.Either Party may terminate this Agreement upon 120 days advance written notice. The Town shall pay Manager for all work previously authorized and completed prior to the date of termination. If, however, Manager has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. C.Within 30 days of termination for any reason, Manager shall deliver to the Town the following with respect to the Property: a final accounting, reflecting the balance of income and expenses on the Property as of the effective date of termination; any balance or monies of the Town held by Manager with respect to the Property, shall be delivered immediately after such effective termination date and thereafter promptly after same are received by Manager; all records, contracts, leases, receipts for deposits, unpaid bills and other papers or documents which pertain to the Property also shall be delivered immediately upon such effective termination date. III.COMPENSATION A.Manager shall be entitled to a management fee equal to the sum of 4% of the monthly gross receipts from operation of the Property, with a minimum fee of $5,000 per month, payable monthly. Payments due to Manager for periods less than a calendar month shall be prorated over the number of days for which compensation is due. Manager shall deduct such amounts directly from the Operating Account. B.The term “gross receipts” means all rents and other income and charges from the normal operation of the Property, including without limitation rents, parking fees, “pass through” charges, and other miscellaneous fees or other income received by or credited to the Town. Gross receipts does not include income arising out of the sale of real property or the settlement of fire or other casualty losses or items of similar nature. IV.PROFESSIONAL RESPONSIBILITY A.Manager 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 Manager 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 Manager hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. 101 3 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX 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 Agreement or of any cause of action arising out of the performance of this Agreement. C.Manager shall have in its employ or contracted at all times a sufficient number of capable staff to enable it to properly and safely manage, operate and maintain the Property. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such staff are the responsibility of Manager. All employees shall be considered employees of Manager and not the Town. Manager shall not enter into any sub-management agreements of any kind without prior written approval of the Town. D.Manager shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the protection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, in effect now or anytime hereafter. V.FISCAL RESPONSIBILITIES A.Operating Account. The Town shall initially fund the Operating Account pursuant to the Start-up Budget described in the Scope of Services. Thereafter, Manager shall deposit all rents and other funds collected from the operation of the Property, including any and all advance funds, into the Operating Account. Nothing in this Agreement shall be construed to require Manager to expend or advance Manager's own funds in carrying out Manager's responsibilities hereunder. B.Collection of Receivables. Manager shall use diligent efforts to collect from tenants of the Property, all rents (including without limitation operating costs and other escalation billings and base rent adjustments), remodeling and alteration reimbursements, and other charges which may become due at any time from any tenant or from others for services provided in connection with or for the use of the Property or any portion thereof. Manager shall collect and identify any income due the Town from miscellaneous services provided to tenants or the public, including without limitation parking income, pet fees, utility expenses, tenant storage and coin operated machines of 102 4 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX all types (e.g. vending machines, etc.). All monies so collected shall be deposited daily in the Operating Account. Manager shall not write off any income items without prior approval of the Town. C.Costs. The following costs shall be paid out of the Operating Account: 1.The cost of all travel expenses incurred by Manager and approved by the Town, either through budgetary approval or by specific written approval of the Town, provided that said travel specifically excludes local vehicle mileage; 2.The salary, including payroll taxes, worker’s compensation and all employee benefits, of the on-site manager; 3.Any and all costs necessary to the management, operation, leasing and maintenance of the Property; 4.The pro rata share of the salary and compensation attributable to the Property for Manager and operations accounting personnel who are associated directly or indirectly with the management of the Property as approved by the Town; 5.All operations accounting expenses incurred by Manager in the execution of Manager’s responsibilities pursuant to this Agreement; and 6.Management fees. D.Insufficient Funds. If at any time the Operating Account is not sufficient to pay the bills and charges which may be incurred with respect to the Premises, Manager shall notify the Town immediately, and the Town and Manager shall jointly determine payment priority after the payment of management fees and expenses to be reimbursed to Manager.After Manager has paid, to the extent of available gross income, all bills and charges based upon the order agreed upon by the Town and Manager, Manager shall submit to the Town a statement of all remaining unpaid bills. E.Security Deposits. All tenant security deposits shall be deposited by Manager into a separate account established to hold and maintain all security deposits received in connection with the leasing of the Property (the “Security Deposits Account”). Manager shall assume the liability for the Security Deposits Account, including all obligations for return of such security deposits as set forth in the lease agreements with tenants. F.Audit. The Town reserves the right for the Town’s employees or others appointed, designated or approved by the Town, to conduct examinations, upon reasonable advance written notice, of the books and records maintained for the Town by Manager no matter where books and records are located. The Town also reserves the right to perform any and all additional audit tests relating to Manager’s activities; either at 103 5 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX the Property, or at any office of Manager; provided such audit tests are related to those activities performed by Manager for the Town. G.Discrepancies. Should the Town discover either weaknesses in internal control or errors in record keeping, Manager shall correct such discrepancies either upon discovery or within a reasonable period of time. Manager shall inform the Town in writing of the action taken to correct such audit discrepancies. Any and all such audits conducted either by the Town’s employees or appointees will be at the sole expense of the Town. VI.INDEPENDENT CONTRACTOR Manager is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Manager to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Manager for all purposes. Manager shall make no representation that it is a Town employee for any purposes. VII.INSURANCE A.Manager 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 Manager pursuant to this Agreement. At a minimum, Manager 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. 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 104 6 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX contributory insurance to that provided by Manager. Manager shall be solely responsible for any deductible losses under any policy. C.Manager 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. D.The Town shall, at the Town’s sole expense, obtain and keep in full force and effect, insurance in commercially reasonable amounts for the Property and all operations thereon. The Town agrees to name Manager as an additional insured on such insurance, at no cost to Manager and to provide Manager with a certificate of insurance evidencing the same. The Town may carry any insurance required by this Agreement under a blanket policy or under a policy containing a self-insured retention. VIII.INDEMNIFICATION Manager 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 Manager, any subcontractor of Manager, or any officer, employee, representative, or agent of Manager, or which arise out of a worker's compensation claim of any employee of Manager or of any employee of any subcontractor of Manager. Manager'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 Manager, any subcontractor of Manager, or any officer, employee, representative, or agent of Manager or of any subcontractor of Manager. 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. D.Third Parties. There are no intended third-party beneficiaries to this Agreement. 105 7 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX 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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forrest, Town Manager ATTEST: 106 8 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX _________________________ Stephanie Bibbens, Town Clerk 107 9 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX MANAGER By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2023, by ____________________________ as _________________ of ________________________. My commission expires: ________________________ (S E A L)________________________________ Notary Public 108 10 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX EXHIBIT A PROPERTY 109 11 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX EXHIBIT B SCOPE OF SERVICES A.General. Manager shall provide an experienced team trained to provide all of the necessary management services including without limitation: management; maintenance; cleaning; and accounting. Manager's level of service will be evaluated periodically by the Town. All of the following services shall be provided, at a minimum: 1.Emergency/after hours service 24 hours per day, 7 days per week, 365 days per year. 2.Timely collection of rents. 3.Timely return of security deposits. 4.Enforcement of property rules and regulations. 5.Maintenance of a management and leasing office. 6.Timely lease-up of units, using the lease template furnished by the Town. 7.Compliance with the Fair Housing Act and other applicable laws. 8.Appropriate communication with tenants. 9.Unit turnover inspections and documentation. 10.Incident report documentation 11.Maintenance of grounds. 12.Management of security access for residents, vendors and visitors. 14.Management of parking spaces. 15.Management of pet policy. 16.Posting warnings for rule infractions and other enforcement actions. 17.Attendance at monthly meetings with Town staff to discuss operations, budgets, repairs and maintenance updates. B.Budgets. 1.On or before May 26, 2023, Manager shall provide a proposed operating budget for June 1 through December 31, 2023 (the "Start-Up Budget"). The Town shall approve the Start-Up Budget on or before May 31, 2023. 110 12 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX 2.Manager shall prepare and submit to the Town a proposed operating budget and a proposed capital budget for the management and operation of the Property for the forthcoming Fiscal Year by September 15 each year. The Town shall consider the proposed budgets, consult with Manager, and agree on an “Approved Operating Budget” and an “Approved Capital Budget” (collectively, the “Approved Budgets”) for the Property for the forthcoming budget year by December 31. The Approved Budgets shall serve as a guideline to Manager in maintaining and operating the Property, and Manager agrees to use diligence and to employ all reasonable efforts to effect that the actual cost of maintaining and operating the Property shall not exceed the Approved Budgets. The Approved Capital Budget shall not constitute an authorization for Manager to expend any money for capital; any capital expenditure must be specifically authorized by the Town. C.Additional Costs. Manager shall notify the Town of unanticipated costs and expenses that may exceed budget so that the Town can submit an amended budget for approval.Manager may not take action that would exceed the Annual Approved Operating Budget unless a revised Annual Approved Operating Budget is approved in writing by the Town. D.Repairs and Alterations. Manager shall conduct periodic comprehensive inspections of the Property and report its findings to the Town. Manager shall institute and supervise all ordinary and extraordinary repairs and alterations, including the administration of a preventive maintenance program for all mechanical, electrical and plumbing systems and equipment. Manager shall be responsible for arranging all remodeling and alteration work, after initial lease up, including obtaining bids and proposals, obtaining tenant approval, invoicing tenants for reimbursements, collecting same and making payment for the work done. The Town shall inspect all repairs and alterations for quality assurance and quality control. E.Financial Reports. 1.Manager shall maintain adequate books and records for the Property in accordance with generally accepted accounting principles, which shall be supported by sufficient documentation to ascertain that said entries are accurately recorded. Manager shall maintain such control over accounting and financial transactions as is reasonably required to protect the Town’s assets from theft, error or fraudulent activity. 2.Manager shall, within 30 days after the last day of each month, prepare financial statements for the preceding month, including a statement of income, balance sheet, cash flow statement, budget variances, occupancy rates, construction draws and funds remaining in the Operating Account, statement of rental activity, rental rates, detailed cash receipts and disbursement records, detailed trial balances, paid invoices, summaries of adjusting journal entries, and supporting documentation for payroll, payroll taxes and employee benefits, all bank statements, bank deposit slips and bank reconciliations, and further information requested by the Town concerning any budget variances in excess of 5%. 111 13 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC09DC6D\@BCL@BC09DC6D.DOCX 3.Within 30 days after the last day of each Fiscal Quarter (March, June, September, December), Manager shall prepare a quarterly financial report covering the operation of the Property for such quarter and containing a balance sheet as of the end of such quarter and a statement of unrestricted fund revenue, expenditure and transfers and a statement of cash flows with respect to the Property for such quarter, showing in each case in comparative form the figures for the corresponding quarter of the preceding Fiscal Year, along with any further information requested by the Town concerning any budget variances in excess of 5%. Manager shall maintain a liaison with the Town’s Finance Department. F.Capital Repairs. The services performed by Manager hereunder do not include the cost of capital repairs, provided that, if capital repairs are necessary, Manager shall supervise such repairs as necessary. G.Termination of Leases. Manager shall not terminate any lease, lock out any tenant of the apartments, institute any suit for rent or for use and occupancy, or proceedings for recovery of possession, without the prior approval of the Town. In connection with such suits or proceedings, only legal counsel designated by the Town shall be retained. 112 AGENDA ITEM NO. 9.3 Item Cover Page DATE:May 16, 2023 TIME:15 min. SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:East Vail Hiker Shuttle Pilot Program SUGGESTED ACTION:Approve, approve with amendments, or deny funding to the East Vail Hiker Shuttle. PRESENTER(S):Chris Southwick, Mobility Innovation Coordinator and Jordan Winters, Transit Operations Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 5_16_2023 Hiker Shuttle Memo.docx 113 To: Vail Town Council From: Public Works Department Date: May 16, 2023 Subject: East Vail Hiker Shuttle Pilot Project Update I.PURPOSE The purpose of this memo is to provide Town Council an update to the East Vail Hiker Shuttle Pilot Program and request funding to allow staff to start implementing the program while we wait for an official announcement on grant funding. II.BACKGROUND On March 21, 2023 Town Council provided direction to staff to continue planning for the hiker shuttle and apply for Ozone Season Free Transit Grant Program funding. III.PROPOSED PILOT CHANGES Following feedback from Town Council and staff, the following changes were made to the original proposal: Operate the service with in-house staff and vehicles instead of using a third- party operator Adjust service days (now proposed daily- June 2 nd through September 3rd and then Friday-Sunday September 8th through October 8th) Modify the span of service slightly (now proposed trips leave the Vail Transportation Center 7:45AM though 4:45PM for a 7:45AM-5:15PM span of service) IV.CURRENT STATUS OF FUNDING Staff has applied for the Ozone Season Free Transit Grant Program which provides funding for transit agencies to provide fare free transit service during ozone season (June-August) if they do not currently, or for transit agencies that already provide fare 114 Town of Vail Page 2 free service to provide expanded service. The grant application window closes May 12, 2023, with awards to be announced May 25 th (estimated). Because there is not much time between when official award announcements would potentially be made and when the service would start, staff again reached out to the Colorado Association of Transit Agencies who is administering the program to see if they would be able to give us an early indication of whether they believed that we would receive the funding we requested. While not an official funding award announcement, they said we have a good chance of receiving the funding we requested. Staff will need to hire and train two seasonal drivers, begin marketing to inform the public, print new schedules, and update the website for a successful launch of the service. We are requesting to launch this service with the slight risk of not receiving the grant, at which point the Town of Vail would be funding 100%. V.ACTION REQUESTED OF COUNCIL Staff requests that Town Council commit to implementing this pilot program and allocate $98,691 to this project which allows staff to start implementing all of the steps need to successfully complete this project. 115 AGENDA ITEM NO. 9.4 Item Cover Page DATE:May 16, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Action Items SUBJECT:Ordinance No. 11, Series 2023, First Reading, An Ordinance of the Town Council Amending Section 1-5-11(A)(1) of the Vail Town Code Regarding Meetings of the Town Council SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 11, Series 2023 upon first reading. PRESENTER(S):Matt Mire, Town Attorney VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Meetings-O051123.docx 116 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC094300\@BCL@AC094300.DOCX ORDINANCE NO. 11 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AMENDING SECTION 1-5-11(A)(1) OF THE VAIL TOWN CODE REGARDING MEETINGS OF THE TOWN COUNCIL NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 1-5-11(A)(1) of the Vail Town Code is hereby amended as follows: § 1-5-11 REGULAR AND SPECIAL COUNCIL MEETINGS. (A)Regular meetings. (1)Time and place. The Council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the Council. The meeting time shall be established at the Town Council’s first organizational meeting to be held within seven days from the election as described in §1- 5-2 of this chapter. *** 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. 117 2 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC094300\@BCL@AC094300.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of May, 2023 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2023, 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 ______________, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 118 AGENDA ITEM NO. 10.1 Item Cover Page DATE:May 16, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 9, Series of 2023, Second Reading, An Ordinance of the Town Council Repealing and Reenacting Section 7-10-9 of the Vail Town Code, Concerning the Penalty for Violations of Certain Commercial Transportation Regulations SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 9, Series 2023 upon second reading PRESENTER(S):Commander Matt Westenfelder, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Transpo Regulations.pdf Comm_Trans_Penalty-O041923.pdf 119 120 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B180F\@BCL@EC0B180F.DOCX ORDINANCE NO. 09 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL REPEALING AND REENACTING SECTION 7-10-9 OF THE VAIL TOWN CODE, CONCERNING THE PENALTY FOR VIOLATIONS OF CERTAIN COMMERCIAL TRANSPORTATION REGULATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-10-9 of the Town Code is hereby repealed in its entirety and reenacted as follows: § 7-10-9 VIOLATION; PENALTY. (A) Violations of this Chapter shall be subject to the penalties contained in Section 1-4-1 of this Code. (B) In addition to the penalty provided in subsection (A) hereof, the Town may revoke the operating privileges of a commercial operator under this Chapter for a period of one year. The Town shall give the commercial operator five (5) days' written notice of the effective date of the revocation. If the commercial operator contests a violation of this Chapter, the commercial operator shall, within two (2) days of receipt of the written notice, request a meeting with the Town Manager, and the revocation shall not take effect until the Town Manager or designee has met with the commercial operator and given the commercial operator the opportunity to be heard. At the conclusion of the meeting, the Town Manager or designee shall determine, in their reasonable discretion, whether revocation is appropriate. Commercial operators whose operating privileges have been revoked shall be denied access to Town roadways. (C) Notwithstanding any other provision herein, the Town Manager or designee may summarily suspend, without prior notice, the operating privileges of a commercial operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety, or welfare requires such emergency suspension. 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. 121 2 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B180F\@BCL@EC0B180F.DOCX Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of May, 2023 and a public hearing for second reading of this Ordinance set for the 16th day of May, 2023, 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 16th day of May, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 122 AGENDA ITEM NO. 10.2 Item Cover Page DATE:May 16, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 10, Series of 2023, Second Reading, An Ordinance of the Town Council of the Town of Vail, Colorado Amending the Definition of Unclaimed Property under the Vail Town Code SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 10, Series 2023 upon second reading. PRESENTER(S):Commander Lachlan Crawford, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Unclaimed Property.pdf Unclaimed_Property-O042023.pdf 123 124 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BE0F5\@BCL@940BE0F5.DOCX ORDINANCE NO. 10 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AMENDING THE DEFINITION OF UNCLAIMED PROPERTY UNDER THE VAIL TOWN CODE NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 6-2-1 of the Vail Town Code is hereby amended as follows: § 6-2-1 DEFINITIONS. *** UNCLAIMED PROPERTY. Any tangible or intangible property, except abandoned intangible property or jewelry, that is held by or under the control of the Town that has not been claimed by its owner for a period of more than 18090 days after the Town took possession of the property. *** Section 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 125 2 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BE0F5\@BCL@940BE0F5.DOCX 2023 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2023, 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 ______________, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 126