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HomeMy WebLinkAbout1992 Resolutions~ ^ ~ _.. __ . RESOLUTION NO. 1 SERIES 1992 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(c}, C.R.S., as amended provides. that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or #ormal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, in addition to any other means of full and timely notice, the statute provides that a local public body shall be deemed to have given full and timely notice if notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four (24) hours prior to the holding of the meeting; and WHEREAS, the statute further provides that the public place or places for posting of such notice shall he designated annually at the local body's first regular meeting of each calendar year; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries far the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places far the posting of full and timely notice to the public as provided far in 24-6-4D2{1 }(c}, C.R.S., as amended. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of January, 1992. ~ ~~ Mar ret A. Osterfoss, May ATTEST: C~~.~~ Pamela A. Brandmeyer, Town Clerk C:IRESOLU.1 ~- . ~ -, ~ ~_ . J~ RESOLUTION NO. 2 Series of 1992 A RESOLUTION OF THE TOWN COUNCIL DESIGNATING THE PRESIDENT'S HOLIDAY WEEKEND, FEBRUARY 15, 16, 17, 1992, AS THE 12TH ANNUAL SMOKELESS WEEKEND, AND SETTING FORTH DETAILS RELATING THERETO. WHEREAS, the air pollution in the Gore Valley has not been improving with each winter season; and WHEREAS, the Town Council has been taking necessary measures to encourage a reduction in the number of woodburning units in the Town; and WHEREAS, the Town is encouraging the use of natural gas and EPA Phase II certified units to protect the fragile air shed in the Valley; and WHEREAS, it is the opinion of the Town Council that it would be in the public interest to encourage limited use of fireplaces and woodstoves during the President's Holiday Weekend. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. The Town Council hereby designates the President's Holiday Weekend, February 15, 16, 17, 1992 as the i2th Annual Fireplace Smokeless Weekend; and 2. All residents and visitors of the Town of Vail shall be encouraged to refrain from using their fireplaces or waodstoves during that weekend unless they are a primary heat source, or an EPA Phase II certified unit in order to protect and improve the air quality in the Gore Valley. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of February 1992. ~. Ma aret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk w ~r ~ ~ RESOLUTION N0.3 SERIES OF 1992 A RESOLUTION OPPOSING THE ENAGTMENT OF SENATE BELL 101 IN THE COLORADO GENERAL ASSEMBLY WHEREAS, the Town of Vail recognizes that second home condominium rental units are vital to the economy and the viability of Colorado's resort communities; and WHEREAS, continued condominium development is important to Colorado's economy; and WHEREAS, Colorado's year-round tourism industry is dependent on an available bed base; and WHEREAS, any change in the tax classification of second home condominium units will affect not only their sale and hence the resort real estate market, but also their availability as rental units; and WHEREAS, a reduction in the condominium real estate market and rental opportunities would negafi~ely impact sales tax revenues; and WHEREAS, for both focal and state government, current Colorado iaw with regard to condominium classification is in keeping with condominium law in other states and has served to stimulate condominium and resort deveiopment. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council is opposed to any attempt to reclassify second home condominiums as commercial property. 2. This resolution shad take effect immediately upon its passage. INTRODUCED, READ, APPROVE©, AND ADOPTED this 4th day of February, 1992. J Margaret A. Osterfoss, Mayer ATTEST: Pamela A. Brandmeyer, flown Cierk C:IRESOLU92.3 ~ ~ ) RESOLUTION N0.4 SERIES '1992 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO OPEN A FRANKLIN ADJUSTABLE U.S. GOVERNMENT SECURITIES FUND, OF THE FRANKLIN GROUP OF FUNDS ("FUNDS"), AND TO DEPOSIT OR WITHDRAW SUCH FUNDS OF THE TOWN IN THE ACCOUNT AS THE TOWN DEEMS NECESSARY OR DESIRABLE. WHEREAS, the Town of Vail, a Colorado municipal corporation, is authorized by its investment policy to vest in the various types of mutual funds; and WHEREAS, the Town wishes to open an account with The Franklin Group of Funds; and WHEREAS, the Town wishes to set forth the employees of the Town who are authorized to sign the share agreements on behalf of the Town, and to take any other actions as may be necessary to sell or redeem shares in the funds ar to sign checks ar drafts withdrawing funds from the funds account. NOW, THEREFORE, be it resolved by the Town Council of the Tawn of Vail, Colorado: 1. The Town Council has determined that it will benefit the health, safety, and welfare of the Tawn and its citizens to open a Franklin Adjustable U.S. Government Securities Fund account in the name of the Town. 2. Steve Barwick, the Administrative Services Director of the Town of Vail, or his successor in that pasitign, Steve Thompson, the Controller of the Town of Vail, or his successor in that position, and Ran Phillips, the Town Manager of the Town of Vail, or his successor in that position, are hereby authorized to sign any share agreement on behalf of the Town, and to take any other actions as may be necessary to sell or redeem the Town's shares in the funds or to sign checks or drafts withdrawing funds from the accounts. 3. The Town sha11 hold harmless, indemnify, and defend the funds, its custodian bank {currently Bank of America}, Franklin Advisors, Inc., Franklin Distributors, Inc., and Franklin Administrative Services, Inc. from any claim, loss, or liability resulting in whole or in part, directly or indirectly, from the reliance from time to time, upon any certifications by the Town Council as to the names of the individuals occupying such offices and their acting reliance upon these resolutions, to actual receipt by them as a certified copy of a resolution of the Town Council of the Town of Vail, modifying or revoking any or all such resolutions. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of February, 1992. .rc~.P~ ~ . fit ~'`_ Marga~t A. Osterfoss, Mayb~r ATTEST: Pamela A. Brandmeyer, Town Clerk CIRESOLL192A ~+ r. '"~ RESOLUTION N0.5 SERIES 1992 A RESOLUTION DESIGNATING COLORADO SURPLUS ASSET FUND TRUST, 1800 GLENARM PLACE, SUITE 400, DENVER, COLORADO 80202 AS A DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions as depositories for funds of the Town; and WHEREAS, the Town wishes to designate Colorado Surplus Asset Fund Trust as a depository for funds of the Town. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Colorado Surplus Asset Fund Trust is hereby designated as a depository for the funds of the Tawn of Vail. 2. Steve Barwick, the Director of Administrative Services of the Town of Vail, ar his successor, and Steve Thompson, Financial Controller of the Town of Vail, or his successor, are hereby authorized to open any deposit or checking accounts in the name of the Town of Vail at Calarada Surplus Asset Fund Trust ("C Safe"). When an account with C Safe is closed, a check shall be made to the Town of Vail and mailed to 75 S. Frontage Road, Vail, Colorado 8i 657. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of March, 1992. ~, ~~~ a .~ Marg ret A. Osterfoss, Major ATTEST: ~' ~ . ~c~'-u~/ Martha 5. Raecker, Town Clerk C:1RES~LU92.5 ~~'" '"~ RESOLUTION NO. 6 SERIES 1992 A RESOLUTION DESIGNATING THE DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST AS APRIL 26 -MAY 3, 1992. WHEREAS, from 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and tens of thousands of Gypsies as well as millions of other people perished as victims of Nazism; and WHEREAS, the people of the Town of Vail should remember the atrocities committed by the Nazis; and WHEREAS, the people of the Town of Vail should remain eternally vigilant against all tyranny, and recognize that hatred and bigotry provide a breeding ground for tyranny to flourish; and WHEREAS, April 30, 9992, has been designated pursuant to an Act of Congress as a Day of Remembrance of the Victims of the Nazi Holocaust, known internationally as Yom Hashoah; and WHEREAS, i# is appropriate forthe people of the Town of Vail to join with the United States Holocaust Memorial Council in the commemoration: !'.° ~:f~ Now, therefore, I, aS Mayor of the Town of Vail proclaim that, in memory of 7iP','~,f ~~;.f the victims of the Holocaust, and in the hope that we will strive always to overcome prejudice and inhumanity through education, vigilance and resistance, proclaim that ~- the week of Sunday, April 30 through Sunday, May 3, 1992 is hereby designated ~~,~~„ as the Days of Remembrance of the Victims of the Holocaust. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of March, 1992. ATTEST: Mart a Raecker, Town Clerk r ~~A MargaF~t A. Osterfoss, Mayor, c:+~~soGUez.s ~ ~ ~ ~QBIIZ~i~tIIXi ~.~o~~o, SERIES 1992 A RESOLUTION DESIGNATING THE WEEK OF APRIL 5 TO 11, 1992, AS WEEK OF THE YOUNG CHILD WHEREAS, the Early Childhood programs of Eagle County and other local organizations, in conjunction with the National Association for the Education of Young Children, is celebrating the Week of the Young Child, April 5 to 11, 1992; and WHEREAS, by calling attention to the need for quality child care #or all young children and families within our community, these groups hope to improve the quality and availability of such services; and ~ WHEREAS, the quality of services is primarily determined by the individual teachers and caregivers who perform this valuable work; and WHEREAS, the work of the early childhood professional is not fully understood and iS under appreciated; and WHEREAS, quality child care services can provide the basis for a good beginning for children's sound growth and development; Now, therefore, I, Peggy Oster#oss, Mayor of the Town of Vail, do hereby proclaim April 5 to i 1, 1992 as WEEK OF THE YOUNG CHILD in Vail, Colorado and urge all citizens to recognize the valuable contributions ofi early childhood teachers and caregivers and to actively support the need for more and better child care within our community. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of March, 1992. ATTEST: Mar~aret A. Osterfoss, Mayor Il~t ~ . ~Qc.+Etn1 Martha Raecker, Town Clerk G~a~so~us27 ~, RESOLUTION NO. 8 SERIES 1992 A RESOLUTION RECOGNIZING "JUNE IS RECYCLING MONTH" WHEREAS, recycling is a proven method of conserving valuable resources of oil, water, trees, electricity, and land#ill space; and WHEREAS, Coloradans have displayed an exemplary willingness to recycle, so much so that the state exceeds the national per capita average in the amount of recycled materials; and WHEREAS, it is appropriate to encourage continued interest in recycling, to assist in the betterment of communities; and WHEREAS, it is admirable public policy to recognize and support the - common good which results from recycling; NOW, THEREFORE, BE IT RESOLVED, that we, the honorable elected members of the Vail Town Council, join with Colorado Recycles and Eagle County We Recycle, in recognizing "JUNE IS RECYCLING MONTH," with the knowledge that continued success in recycling programs is of certain benefit to the citizens of the Town of Vail. INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of April, 1992. ,~~ Margaret A. Osterfoss, M ar i. ATTEST: '~- IVI.~I•w"v• 1~Y~wNY MartNNlla S. Raecker, Town Clerk ,~f C:1AE30LU92.B i ~ ~'' RESOLUTION N0.9 SERIES 1992 A RESOLUTION APPROVING THE VAIL TRANSPORTATION MASTER PLAN FOR THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 2.24.060 of the Municipal Cade of the Town of Vail provides that the Planning and Environments! Commission shall make and adopt a Master Plan for approval by the Town Council for the transportation development of the Town; and WHEREAS, the Vail Transportation Master Plan was developed through extensive participation by the public, the Transportation Advisory Committee, the Planning and Environmental Commission, and the Town Council; and WHEREAS, the Plan is a reflection of the goals, desires and objectives of the citizens of the Town of Vail far the long term transportation planning and development of the area set forth in the Plan; and WHEREAS, the Vaii Transportation Master Plan was adopted by the Planning and Environmental Commission at a regular meeting and is hereby submitted to the Town Council for its approval. WHEREAS, the Town Council is of the opinion that the Vaii Transportation Master Plan is an appropriate long range planning document guiding growth and development within the area set forth in the Plan. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vaii, Colorado that: 1. The Town Council hereby approves the Vail Transportation Master Plan as submitted by the Planning and Environmental Commission. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND At]OPTED this 7th day of April, 1992. • ~.~.y. Ma aret A. Osterfoss, May r ATTEST: dA.~uv ~ . Pa~'•~-I Marth S. Raecker, Town Clerk C:IRESOLU92.9 r r ~~ RESOLUTION NO. 10 SERIE51992 A RESOLUTION OPPOSING A STATEWIDE INITIATIVE TO RAISE THE COLORADO SALES TAX FROM 396 to 490. WHEREAS, a statewide initiative petition is being circulated which would increase the Colorado sales tax rate from 3~° to 4% to raise $320 million in new revenue far elementary and secondary education; and to make massive reforms in the Colorado education system; and WHEREAS, the combined state-focal sales tax rate in Colorado is among the highest in the nation; and WHEREAS, increasing the state sails #ax rate will be eeonomicafly harmful to municipalities, counties, and other local governments which rely primarily on local sales tax revenue; and WHEREAS, the tourism industry is very important to Colorado's economy as the second largest industry in the state, and an additional one cent state sales tax will make it mare difficult to increase local sales tax for important local government needs and could increase visitor and guest resistance to travel to Colorado to recreate and vacation by increasing the cost of retail purchases, lodging, and food thereby discouraging sales within Colorado and harming the Colorado economy; and WHEREAS, an additional one cent sales tax will particularly cause financial hardship on low and moderate income residents because of its inherent regressive tendencies; and WHEREAS, the proposed tax increase would generate $3.8 million from Eagle County to the State of Colorado, but the Eagle County School District budget would not be increased above its current level; and WHEREAS, state and local sales taxes are not deductible for purposes of computing federal income tax. 1 ' ` ' • ~ - ~ ~ 1 i ~ NOW, THEREFORE, BE IT RESOLVED that the Vail Town Council opposes the statewide initiative to increase the state sales tax rate from 3% to 4% because of the myriad problems and unanswered questions it raises; and BE IT FURTHER RESOLVED that, if, indeed, new state revenues are necessary for education, other avenues of enhanced revenue be explored and considered such as removing most or all the present state sales tax exemptions or increasing the state income tax, or other approaches which avoid the problems raised herein. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of June, 1992. ATTEST: Martha S. Raecker, Town Clerk Ma ret A. Ostertoss, tlilayor 2 ~~-- RESOLUTION NO. 91 SERIES 1992 A RESOLUTION ADOPTING A JOINT PARATRANSIT PLAN WITH THE TOWN OF AVON AND THE CITY OF LEADViLLE. ,~- WHEREAS, Title II of the Americans Disabilities Act prohibits State and local governments from discriminating against disabled people; and WHEREAS, Title 11 also requires public transportation vehicles and facilities to be accessible to disabled riders; and WHEREAS, the Town of Vail has contracted and coordinated mass transit operation with the Town of Avon and the City of Leadville; and WHEREAS, the Town of Avon, the Town of Vail, and the City of Leadville have jointly cooperated to publish a plan that will meet and comply with the Americans Disabilities Act for regional mass transportation. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Town Council hereby designates adopts the Americans Disabilities Act A Joint Paratransit Dian dated July, 1992, in order to meet all the requirements of Title II of the ADA Federal Regulations. public as provided for in 24-6-402(1)(c), C.R.S., as amended. 2. This resolution shall take effect immediately upon iLs passage. INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of July, 1992. ~~ MargaretfA. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk c,a~so~uae. i, -•. ~- r^ ~~ '~... RESOLUr~oN No. 12 SERIES f992 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE TOWN OF VAIL PROVIDING FOR THE COOPERATION 1N AN ENHANCEMENT PROJECT FOR DESIGN AND CONSTRUCTION OF A BICYCLE RECREATION TRAIL, WHICH WILL BE A NEW BRIDGE SOUTH OF I-70 ALONG GORE CREEK BETWEEN WEST VAIL AND THE DOWD JUNCTION INTERCHANGE. WHEREAS, the Departmen# of Transportation and the Town of Vail desire to cooperate in an enhancement project for design and construction of a bicycle recreation trail, a portion of which shall be a new bridge south of I-70 along Gore Creek between West Vail and the Dowd Junc#ion Interchange from milepost 170.9 tv milepost 171.9; and WHEREAS, the State has agreed to oonstruct the above described improvements. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado 1. The Town Council hereby approves the contract between the Town of Vail and the Department of Transportation for the construction of a bicyclelrecreation trail, a copy of which is attached hereto as Exhibl# A and incorporated into this resolution by reference. 2. The Town Manager is hereby authorized to take all s#eps necessary to execute said contract. 3. This resolution shall take effect immediately upon its adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of August, 1992. Margar~A. Osterfoss, Mayor ATTEST: R/tet,t~.d,.+t, ~. ~ Martha S. Raecker, Town Clerk CigESOLW2.1F .-~ -~- -~ ~, ~ ._ `~.1 STE{CX) 070-2{191) DOWD JUNCTION BICYCLE/RECREATIONAL TRAIL CONTRACT THIS CONTRACT, made this day of , 19 , by and between the State of Colorado for the use and benefit of the DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "the State", and the TOWN OF VAIL, hereinafter referred to as "the Local Agency", WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Appropriation Code 010, and Contract Encumbrance Number 92105; and WHEREAS, required approval, clearance and coordination has been accomplished from and with the appropriate agencies; and WHEREAS, the Intermadal Surface Transportation Efficiency Act of 1991 provides for funding for the creation of facilities for pedestrians and bicycles; and WHEREAS, the State and the Local Agency desire to cooperate in an enhancement project for design and construc- tion of a bicycle/recreation trail, a portion of which shall be a new bridge, south of 170 along Gore Creek, between West Vail and the Dowd Junction Interchange from milepost (M.P.) 170.9 to M,P. 171.9; and -1~ ~~; }: .• r .., .. .. X44-. '.. ?ti. •:. ?r'~ . ,. ... ': ~ . ~ > ~, I.i_ .\ .. ~;f . -V ~ . . ' ~,, .' ~ '. ~!,f . a; . /.5" 'r.' ~• ,- : ` _, :_~r.~ '•i~ ~. r: y, ~' ~ --• WHEREAS, the parties agree that the work will enhance the scenic and recreational values of the vicinity; and WHEREAS, the Transportation Commission, on - February 20, 1992, gave approval for the State to enter into a contract with the Town of Vail for Project No. STE(CX) 070-2(191) to accomplish the work; and WHEREAS, the State has agreed to construct the above-- described improvements; and WHEREAS, the State's interest in participating in the funding of the work is based on a desire to cooperate with the Local Agency to improve 170; and WHEREAS, the State deems it to be in the public interest . to provide funding for construction of the project; and WHEREAS, it has been determined that no State agency can reasonably provide "in house" services required of the Local Agency; and WHEREAS, this contract is entered into pursuant to the provisions of §529-1-203, 43-'1-lOfi, and 43-1-110, C.R.S., as amended, - NOW, THEREFORE, it is hereby agreed that: PROJECT PROVISIONS 1. "The work" consist of portion of along Gore Junction I 171.9. to be performed under this contract shall construction of a bicycle/recreation trail, a which shall be, a new bridge, south of 170 Creek, between West Vail and the Dowd nterchange from milepost (M.P.) 170.9 to M.P. -2- ;a Y.' '.. '.,t: '.ti' ~'J t' .\'~ :'S~ .~ L'. .1":~., ,•} -'.~-. 'J: „. ..~ ~: ~ ' .~.' .; . • . j .+ .l .' 1 S '• , %' l..~ ~. '.5 ~ ~~ 1 : . ~ r y'. .. S'•' ~ •'?'.. ~ .. ~~ - ~ ~~ .,~.: :L'.' !~ ~ y •.~ ~ ~ ~ ~' 2. The Local Agency, by its employees, agents or consult- ant, shall be responsible for providing the design services necessary for the work at its own expense, and at no expense to the State. 3. - The Local Agency shall be responsible for acquiring any temporary and permanent rights of way outside of the State's right of way that are required for the completion of the work, including any necessary construction easements, at its own expense and at no expense to the State. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all necessary rights-of-way have been acquired for the work in accordance with the applicable State and Federal regulations. Any right of way acquired by the Local Agency pursuant to the .terms of this contract shall be owned by the Local Agency. 4. The State shall be responsible only for the construction portion of the project. The State's responsibility for construction is contingent upon satisfactory performance by the Local Agency of the preliminary engineering and rights of way acquisition portions of the project. 5. The State has estimated the total cost of the work to be $875,000.00. The State shall be responsible for 100 of the actual direct, and indirect costs incurred in the performance of the work up to a maximum total amount of $875,000.00 unless such amount is increased by a written -3_ . .* '~~;, ~~r~ ~ . ~: ,,~' . ~' , ~ g ~ T ~ r ~ - ~ ~ ~ _ 1 f. y~4~ ~ ~A ~ . ..i: :~~ C~. . ~; ' '. ' ~ ~ r-~ -~ --. -~ supplemental contract. Provided that the parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from Federal and Local Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. 6. All portions of the improvements constructed under this contract that are located within the State right of way a shall be owned by the State. All portions of the improvements constructed under this contract that are located within any public rights of way acquired by the Local Agency, pursuant to Paragraph 3. of this section, shall be owned by the Local Agency. 7. a} The Local Agency shall perform operational main- tenance of all of the improvements constructed under this contract, including those owned by the State, at its own cost and expense during their useful li£e, and will make ample provision for such maintenance each year. Such maintenance shall include minox patching and crack filling, routine drainage maintenance, snow removal in the Spring, and sweeping the path as needed during the Spring, _4_ ri: ~,;. a~:. ~~ ~4~ `:~' ,t, .:~: ~ 1 .l!. .. 1 ~ J.'.'.' '3 } . ~ ~, y;: _!J,, .~Y. ~, . •~{:; ~R..., 8. A. B. ~/ Summer, and Fall use periods. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations -promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. b} The State shall perform capital maintenance items for the improvements, including mayor drainage, overlays, and bridge maintenance. The State will provide liaison with the Local Agency through the State's District Engineer, District 3, P.O. Box 2107, 222 South 6th Street, #317, Grand Junction, Colorado 81502. Said District Engineer will. also be responsible for coordinating the State's activities under this contract, GENERAL PROVISIONS The Local Agency will provide: 1. Preliminary engineering and pareparatian of con- struction plans in accordance with the 5tate's Road- way and Bridge Design Manuals and Standard Specifi- cations for Road and Bridge Construction. 2. Design work sheets used in the designing of the project. The Local Agency will comply with the following: 1. The Local Agency will prepare construction plans in accordance with the requirements of Engineering Services Section 107, Preparation of Construction -5_ i .~% } ~'q ~ - V.'. ~~:5.:. :'~,' •r :. '..'~I. ~~~ .'.t :: •a.. ': ,a~. ; .5 ~~:' , ~~ err:. ':,.. - ',.f: ,C ~. i. ~- --- --. .,~ ~, ' C. D. Plans by Local Agency, attached hereto and made a part hereof. 2. The Local Agency wall be responsible for the prelim- inary engineering and the plans being accurate and complete. 3. The Local Agency shall acquire any permits necessary far construction outlined in the plans. The State will review construction plans and make those changes necessary to assure compliance with State requirements. The State will afford the Local Agency ample opportunity to review the construction plans, special provisions and estimates, as changed and said plans shall be considered final when approved and accepted by the, parties hereto. The State will provide final assembly of construction plans, special provi- sions, estimates and contract documents. In the event all or part of the construction work is to be con- tracted, the State will establish appropriate Disadvan- taged Business Enterprise (DBE }goals far the construc- tion contract(s), and the State will advertise the call for bids, and upon concurrence by the Local Agency, award the construction contracts} to the lowest responsible bidders}. In the event the project involves modification of a railroad company's facilities at a railroad grade cros- sing whereby the work is to be accomplished by railroad company forces, the Local Agency shall make application --6- : : ' ~: ,. ,, :.. '~: ~ . .. ~ ' .t. :,,tip :a; p.. •'~J.•t.~. . •A~.. .. :.}' t ~ :a .; ~ •}% 4 .~ J ',`f .. .. s !' ~~ E. to the Public Utilities Commission requesting its order providing foz~ the installation of the proposed improve- ments. The Local Agency shall also establish contact with the railroad company involved for the purpose of: 1. Preparing a contract setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for Federal participation. Such contract shall be made between the railroad company and the Colorado Department of Transportation. 2. Qbtaining the railroad's detailed estimate of the cast of the work. 3. Establishing future maintenance responsibilities for a the proposed installation. 4. Prescribing future use or dispositions of the pro- posed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. The term of this contract, except £or the provisions regarding maintenance,. shall continue through the completion of the work. The covenants with regard to maintenance of the improvements constructed under this contract shall remain ,in effect in perpetuity or until such time as the State or Local Agency is, by law or otherwise, relieved of such responsibility. -7- ~`` .,.~ •. J.' I' •.;~` . . ?:y •:;~ , . .; .. •. •.~:~ ~ ., , •i 't{: ;•~,• .. it .. '~ x 7:~~ 'A .f4 . •'J . ~~j~ ~ .f ~V'. ., ':l' ,.-- ~..~. F. The Special Provisions attached hereto are hereby made a part of this contract. For purposes of the Special Provisions, the Local Agency shall be referred to as "the contractor". _ G. This contract shall inure to the benefit of and be bind- ing upon the parties, their successors and assigns. H. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract executed and approved pursuant to the State Fiscal Rules, I. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the •intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ,T. The contractor represents and warrants that it has taken all actions that are necessary or that are required by ..gW r- --- --~ _. ~,,,,. its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the contractor and to bind the contractor to its terms. - - ..g_ .a,, )';. r TN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO- - ATTEST: ROY ROMER, GOVERNOR Y B Y Chief Clerk Executive Director DEPARTMENT OF TRANSPORTATION APPROVED: CLIFFORD W. HALL GALE A. NORTON - State Controller Attorney General By gy BARRY B. RYAN Assistant Attorney General Natural Resources Section ATTEST: TOWN OF VAIL By ~- ~ Ru.~Ec-~.v By ' RONDALL V. PHILIPS ~ Title Twrv ~r.~.k-,. Town Manager - ]. 0 -- ;; :~ r:.:. :;:r ~: :A.. S. ~ ~~ ~'. ~,~1 t~, ' ~f' , '~'. .~ .'` '~~~ ~ ~ ~~ •'.t.~ . •' .~~ '!:• - ..{ .,y ~ ',f ' ', ~ `.L , r ~- --•, ..~ Rev. 5/$6 DEpAQTHENT OF HIGHWAYS DIVISION OF HIGHWAYS STATE OF COLORADO • ENGINEERING SERVICES SECTION 107 k~ftEPARATION OF CONSTRUCTION PLANS.BY LOCAL AGENCY 107.1 All plans shall be in accordance with the Department of Highways Drafting Hanual. (Copies available through Department of Highways, Staff Design Branch). 107.2 The State gill prepare permanent type polyester reproductions of original drawings at a nominal charge when requested by the Local Agency. ' 7.07.3 The Local Agency may, at x.ts option, purchase approved standard size sheets from the State. The purchase price of such materials shall be the actual cost as incurred by the State. The following approved standard size sheets measuring 22 inches by 34 inches with a rectangular border of 20 inches by~31-1/2 inches for the working drawing/s, are normally available from current State inventories. DOH FOBZi HO. 113 125• 126 134 146 107.4 TITLE ~ COHPOSITiON , Summary o£ Approximate Quantities * Hylar Structure Quantities Hy1ar Blank Sheet Hylar plea and Profile ~ ~ Hylar Cross Section Vellum * Accegted trade name for, polyester film _ The State will prepare the title sheet for the final coctstruction plans. The title sheet will be made available for Local Agency use upon request of the Local Agency. The cost incurred by the State for preparation of the title sheet will be charged to the project.. .>.:• "ti: • ~ ~~:. y :: :,;~ .~4 ~': •.~ ~ ~'4. 'r. rK~ '_.'~ : '~~~i~ '1• ' ; 1: . r ' ' • .~~' ~ ~ .~: .~•. ~~ ` x. , ,;: ' •' ' .~~. . , ; :.~ 5,:4 '~~` .. 1.\,.~ •,•/ ~.r ;; ~ ;~ j~ + i c...,, s-ec:-rnn SPECIA ROVISIQNS CONT1tWLi>iR'S APPIiiOVAL (. Thix contract shall not be deemed valid until it shall have been approved by (lte Controller of the State of Culoradn or such assistant ns he may designate. This provision is applicable to any Contiacl involving [hc pay- mcnl of money by the Slate. FUND AVAILABILITY 2. rinanciai obligations of the State . ,, , ', k after the current fiscal year aro contingent upon funds ftx that purpose being apprt,priated, budgeted and alI .. ', a made availabk. BOND IiE(ZUIIiI;Mlk:NT 3. if this contract involves the payment of more than (iRy thousand ddlan Tor the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this con- lract, duly execute and deliver to and file with the official wht~se signature appears below for the State, a good and sufficient bond or other acceptable surely to be approved by said official in a penal sum not less than one- halt'of the total amount payable by the terms of this txmtract Such bond shall be duty executed by a qualified ccfrpor:rte surety, conditioned for the due and faithful pCrformsncc of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro- visions, provcndor or other supplies used or consumed by such contractor or his silbconlraclor in performance of the work contrnctcd to be done, the surety will pay the same in art amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum, Unless such bond, when ao required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed <x paid. A certified or cashier's check or a bank money order payable to the Treasurer ol'the State r>C Colorado may he accepted in lieu of a bond. This provision is in Compliance with 38-26-t06 CRS, as amcndCd. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employccs and agents, against any and al l claims, damrgcs, liability and court awards including costs, cxpcnxcs, and auonney lees incurred as a result of any act or omission by the contractor, or its employers. agents, subcon- tractors, or assignees pursuant to the terms of this contract DISCItIMINA'I'ION AND AFFIIiMATiVE ACTION 5. 'fhc u~nlrrctor agrees to comply with the IcttCr and spirit of the Colorado Antidiscrimination Acl of 1957, as amended, and other applicahlc law respecting discrimination and unfair employment practices {24-34.402. CR5 INti2 Rcplaccment Vnl.}, and as required by Executive Order, Equal Opportunity and Affinn:rtive Action, dated April l6, 1975. Persmanr lherero, the jollowing povisipns shall 6e contained in a!! Stare corrr-rrets or .f+r~CtMlrgClS. During the performance of this contract, the contractor agrees as I'ollaws: {1) The rnntraclor will not discriminate against any employee or applicant for , ,,:,ymenl because of race, creed, color, national origin, acx, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take all'irmative action to insure that applicants arc employed, and shat empl_, ....~ arc treated during employment, without regard to the above mentioned characteristics. Such action shall include, but oat he limited to the following; employment upgrading, demotion, or transfer, recruitment or rccruitmcnl advertising; lay-offs or lcrminalions; rates of pay or other forms of compensation; and selcc- tion for lr.;ining, including apprcnuccship, The contractor agrees to post in conspicuous places, available en employccs and applicants for employmetnl, notices to be provided by the con#racting otlics:r selling forth provisions of this non-discrimination clause. (2 } '!'hc a,ntraCtur will. in al l solicitations or adverlisemenls for employccs placid by ur on Ixhalf of the rnntractor, state Thal all qualified applicants will receive considcralion for employment withcxtl regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental ur physical handicap, or age, (?) The contractor will send to each labor union or representative of workers with which he Itas Collective bargaining agreement or other rnntraet or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitlmcnt under the E:ccutivc Order, Equal Opportunity and A(tirmalivc Action, doled April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4} The contractor and labor unions will furnish a{i information and . _r...s required by Exccutivc Order, Equal Opportunity and Allirmative Action of April 16, 1975, and by the rake, regulations and Ordars of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by lhr ron- tracting agency and the ofTce of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (3} A Ialxrrorgamzation will not exclude any individual otherwise qualified from full iztcmbership rights in such lalwr organization, or expel any such individual from membership in such labor organizaliou ar dis- criminale against any of its members in the full enjoyment of work opportunely, because of race, creed, color, sox, national origin, or ancestry, {b) A labor arganixation, ur the employccs or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to bt discriminatory or obstruct or prevent any person from complying with the provisions of this contract ar any order issued lhereurtder, or attempt, either directly or indirectly, to commis any act defined in this contract to ba discriminatory. 395-53-U1-IU22 Revised 1 I.85 f age ..1_ of ._.2,__ pages ,~ :z< . ..ti: ':~:.. :.l. " J~~~ •1~'.2 ;,t~H . ' .. - ./' ~~t , ' ~ •: t fi.i .. 't., ~'.'.'.7 . '. .. , ~~'~ '.\' 1: J: ' ~ '. `.'J ' ~. r .. .. "4' ::, ~~ 1, y~:• :,:~ ~:'l M ',4,' ~'~}, •'~~ .~•. :~' f,4% `,r. )i'. t,l,". •;.~ . .'~.: '.il ~i( '~,} ~,F~ ,ti}. ;" . . ~,' .' .~.. `1~ 4'. ~~ ~ f ~ ~; /'... Norm S-AC-02C i ) 71 [n the event of the contractor anon-a..,~pliance wiUt the tton-discrimination clauses of this con- tract orwith any of such rules, regulations, ar txdcrs, this eontrael may be cancellsd, terminated or sus- pcndcd in wlwle or in part and the contracwr may be declared ineligible for further State contracts in accordance with procedures, autlwrizcd in Exeartivc Order, Equal 0 . , . ,miry and Allirmativc Action of April 1 b, 1975 and the rules, regulations, or ordors promulgated in accordance therewith, and such otlrcr sanclirHts as may he imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affiemative Action of April IG, I975, or by rules, regulations, or orders promulgatgrl ip gconrdance tltcrcwi{h, or as otherwise provided by law, (8) The contractor will include the provisions of paragraph { 1) through (8) in every orb-caettract and suhconuactar pun;hasr; order unless exempted by ruler, rcgulationa, or order issued pursuant to L•:xccutivc Order, Equnl Opportunity and Allirtrtativo Action of April 16, 1975, w that such pruvisiwts will be binding upon each subcontractor or vendor. Tht contractor will take such action with respect to any sub-cortracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions far nor--compliance; provided, however, that in the event the con- tractor btlxrmcs invo)vcd in, of is threatened wish. litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into sul:h litigation to prolc~~t the interest of the State of Colorado, COLORADO LA1)OR PREFERENCE G a. b. Wlrcn a cunslructiun contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against anon-resident bidder from a state or foreign country equal to the preference given or rcyuired by the start or fnrcign country in which the non-resident bidder is a resident. If it is determined by the o0iccr responsible lur awarding the bid that compliance with this subsection ,06 may cause denial of federal funds which would athcrwisc be nvailablc nr would otherwise be inconsistent with requirements of federal law, this sub- sectirur shall the suspended, but only w the extend necessary to prevent dents[ of the moneys nr to eliminate the inconsistency with fcdcrsl rcyuiremcnts (section 8-19-141 and 102, CRS). GI;NERAI. 7. 'Fhe laws ui' the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this cottuaet. Any provision Of this crontrset whether or not incor- porated herein by relercncc which provides for arbitration by any extra-judicial body or,.,.,,,.,n or which is athcr- wise in conl]ict with said laws. rules and regulations shall be considered null and void. Nothing contained in any prpvis~on incorporated herein by reference which purports to negate this or any other special provision in whole ar in n~~n chaff he valid ur entbrceahlc irr availahlc in arty action at !aw whet"cr by way of complaint, defense or othcr- wi~a. Any pro~•uwn rendered null anJ void !zy the operation of this provision will not invalidalc the remainder of this cumract to the extent that rite coturact is capable of execution, >i. Al all times during the performance r>f'this Cruttract. the Contractor shall strictly adhere to all applicable 1'cdcr:d and stair laws, rules and rogulationx that have been or may hercaQcr 6c established. ') The siFnawrics heruu aver that tlrcy arc familiar with l8-8-30I, eL seq„ (Bribery and Corrupt In(luencesi ;:~;~.' ! ~-tS~4t)!, ci, sty., tAhuxe of I'uhlie QOicc), CRS 1478 Rcplaccmcni Vol., and that no violation of such era visions is present. 10. The xignauxics aver That to their knowledge, no stale employee has a personal or beneficial interest whal- sucvcr in the service: nr property described herein: ~ ~~ ~ _. ,..~ RESOLUTION NO. 13 SERIES 1992 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO HIRE CERTAIN CONSULTANTS TO PROVIDE EXPERT ADVICE TO THE TOWN FOR THE PURPOSE OF PROTECTING THE TOWN'S INTEREST IN THE PROPER OPERATION AND MANAGEMENT OF VAIL ASSOCIATES. WHEREAS, Gillett Holdings, Inc. and its subsidiary, Vail Associates, Inc. are both debtors in consolidated Chapter 1 i bankruptcy proceedings pending in the United States Bankruptcy Court for the District of Colorado; and WHEREAS, the continued successful operation of Vail Associates, Inc. is of great importance to the health, safety, and welfare of the Town of Vail; and WHEREAS, this bankruptcy proceeding may have a significant impact on the structure and operations of Vail Associates, inc.; and WHEREAS, the Town Council believes it has an obligation and duty to the Town's residents, business people, and visitors to investigate and evaluate all the Town's options to ensure the continued effective and proficient management and operation of Vail Associates, Inc.; and WHEREAS, on the 20th day of August, 1991, the Town Council passed Resolution No. 16, Series of 1991, which gave the Town Council the authority to take all steps necessary to protect the public interest in the continuation of the effective and proficient management and operation of Vail Associates, Inc.; and WHEREAS, in order to continue the evaluation of its options in this regard, and in furtherance of Resolution No. 16, Series of 1991, it is necessary for the Town to retain certain consultants to provide expert advice to the Town Council. NOW, THEREFORE, tie it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council shall retain a team of legal consultants to include the law firms 1 ~, ~.r of Kutak Rack, Opperman & Associates, and Wilke Farr & Gallagher. In addition, it shall take all steps necessary to retain an investment banking company and financial advisor to be chosen through an appropriate selection process. 2. The Town Manager and other members of the Town staff are hereby authorized to take all steps necessary and proper in furtherance of this resolution. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of August, 1992. .~ Margar A. Osterfoss, Ma r ATTEST: -- Martha S. Raecker, Town Clerk CARE3Q[.UY2.13 2 .. ... _.~..__._~_ ...o..,._., .__. ~ ~ .. ,--,. ^~ RESOLUTION NO. 14 SERIES 1992 A RESOLUTION SETTING A FEE IN LIEU OF THE DEDICATION OF LAND FOR SCHOOL SITES AS PROVIDED FOR IN ORDINANCE NO. 1, SERIES 1$91 WHEREAS, Ordinance Na. 1, Series 1991 provides for the dedication of land for school sites or a fee in lieu thereof; and, WHEREAS, Ordinance No. 1, Series of 1991 further provides that the Town Council set the amount of the fee in lieu on an annual basis; NOW, THEREFORE, be it resolved by the Town Council of the Town of Vaii, Colorado: 1. The amount of the fee in lieu of the dedication of land for school sites as required by Ordinance No. 1, Series of 1991 shall be $5,000.00 for the year 1993. 2. This resolution shall take effect immediately upon passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of October, 1992. ~ ~~ Mar aret A. Osterfoss, Mayor ATTEST: l~rl~iti~:~-- C~. .v Martha S. Raecker, Town Clerk C:1RE5pLU14.92 r• RESOLUTION NO. 45 SERIES 1992 A RESOLUTION RECOGNIZING MADAME SOPHIA GOLOVKINA AS AN HONORARY CITIZEN OF THE TOWN OF VAIL WHEREAS, Vaif's international community strives for strong relations with cultures throughout the world; and WHEREAS, Vail's association with the Bolshoi Ballet Academy is becoming a much revered tradition and has played an integral part in our strong relations with the Russian culture; and WHEREAS, Madame Sophia Golovkina has been a driving force behind the establishment of the Bolshoi Ballet Academy a# Vail; and WHEREAS, Madame Sophia Golovkina has directed the Bolshoi Ballet Academy of Moscow for thirty two years and has been a leader in the wand of dance; and WHEREAS, Madame Sophia Golovldna's devotion and love of dance has been exemplified by the virtuosity of the Bolshoi Ballet Academy of Moscow pertormances held in Vail; and WHEREAS, Madame Sophia Galovkina's desires to extend the culture and tradition of the Bolshoi Ballet to dance students and audiences throughout the United States; and WHEREAS, Madame Sophia Galovkina has become a recognized partner in the Vail community and will be appreciated from this day forth by residents and visitors alike; and NOW, THEREFORE, BE IT RESOLVED, the Vail Town Council hails Madame Sophia Golovkina on her vision and tireless efforts and ~ now make her an honorary citizen of the Town of Vail. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of August. 4992. ATTEST: /ti,d~.. ~. ~iL~G1J Martha S. Raecker, Town Clerk ,~ Marga~+et A. Ostertoss, Mayor C:tiRESOLUe2.t5 ,,, ~ ~" RESOLUTION NO. 16 SERIES 1992 A RESOLUTION DECLARING VAIL TOWN COUNCIL'S OPPOSITION TO AMENDMENT 1, WHICH WILL APPEAR ON THE NOVEMBER 3, 1992, GENERAL ELECTION BALLOT. WHEREAS, a proposed constitutional amendment has been placed on the November 3, 1992, general election ballot as Amendment No.1, which would unreasonably limit state and local government revenues, spending, and services; require numerous expensive elections on state and local finance issues; and impose additional costly requirements, thereby diverting public revenues from critical public services; and WHEREAS, passing Amendment Na. 1 would severely injure Coloradans by imposing severe restrictions on state and local governments without having any impact on federal taxes and spending; and WHEREAS, because the amendment addresses spending as well as revenues, it is much more confusing, complicated, and onerous than any prior local government limitation proposed to the Colorado electorate; and WHEREAS, the amendment will have immediate and long term adverse effects on the Town's operations and consequently on its ability to continue to provide services to its citizens; and WHEREAS, the Town's current shares of state collected, locally shared revenues in the form of Highway User's Tax ($137,168), cigarette tax ($150,000), and lottery funds {$12,DDD} are also at risk due to the amendment's restrictions on state revenue and spending; and WHEREAS, the combination of revenue, spending, and other restrictions will impair the community's ability to invest in economic development, job creation and infrastructure and to gain the resulting community benefits; and WHEREAS, even though recreational and other activities are financed primarily be fees paid by users, the amendment will make it difficult to maintain and improve existing serrrices or to expand or add new services; and WHEREAS, the amendment violates the principles of representative government in that decisions regarding governmental programs and policies which related to the expenditure of public funds will often require voter approval rather than be determined by members of the Town Council who have been duly chosen by the citizens of the Town of Vail to make such decisions; 1 and WHEREAS, the amendment undermines the principles of local control and home rule by subjecting day-to-day governmental decisions to arbitrary statewide limits without consideration for local needs and conditions of the Town and i#s residents; and WHEREAS, the amendment imposes a constitutional straightjacket on every local government in Colorado without regard for the complexity of local government structures and restrictions and provides no options for citizens of a local government to adopt alternative local limits consistent with local needs; and WHEREAS local governments are already accountable to their constituents through regular elections, initiative, referendum and recall procedures, and a variety of financial controls; and WHEREAS, if a local government experiences a revenue and spending shortfall in any year, its revenue and spending limit and its ability to provide services are permanently reduced even though revenues recover; and WHEREAS, because of the cyclical nature of government revenues and spending and the delays inherent in the amendment`s revenue and spending limitation, local governments will be unable to respond to economic conditions in a timely manner; and WHEREAS, the effect of the amendment's requirement of voter approval of a wide variety of finance and service issues at elections held a maximum of two times in each two year cycle will cause a myriad of finance issues to be placed on the ballot at the same time, prevent timing of bond elections to take advantage of favorable market conditions, substantially restrict citizen initiative rights, and preclude timely respond to emergency conditions which are not defined as emergencies in the amendment, and WHEREAS, the amendment establishes costly, cumbersome, and confusing election procedures and requirements, with legal jeopardy to the citizens i# required pro and con statements, fiscal estimates or notices are later determined by the courts to be mistaken or inadequate; and WHEREAS, the amendment requires additional elections to spend the proceeds of taxes approved by the voters at previous elections; and WHEREAS, the Town and its citizens will be forced to absorb additional election, finance, administration, and legal casks in order to comply with the amendment's requirements; and WHEREAS, the amendment requires local governments to divert funds from needed public 2 services to create special reserves available only for extremely limited purposes; and WHEREAS, passage of the amendment will require extensive and costly litigation in order for citizens and government officials to be confident about its meaning and to comply with its terms; and WHEREAS, if a local government makes a mistake in interpreting and complying with the amendment, the local government and its citizens are subject to paying a i 0% penalty for up to four years, plus refunding the excess and paying the costs and attorney's fees of the plaintiffs and of the local government. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: SECTION 1. Amendment 1 is hereby opposed because it would be severely detrimental to the Town of Vail and its citizens. SECTION 2. Citizens are encourage to become fully informed about the amendment and its effects on them, their community, and their state before voting on November 3. SECTION 3. The citizens of the Town of Vail are encourage to vote no on Amendment No. 1. SECTION 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of October, 1992. •ti-L~ ~ , ~t2 - -~ Marga et A. Osterfoss, MayoY ATTEST: R/Lw~- C~''. ti/ Martha 5. Raecker, Town Clerk C:VRESOLU92.16 3 RESOLUTION NO. i7 SERIES 1992 A RESOLUTION AUTHORIZING THE PURCHASE OF THAT UNPLATTED PLAT OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE $1 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE LION'S RIDGE LOOP AS SHOWN ON THE RECORDED PLAT OF THE LION'S RIDGE SUBDIVISION RECORDED JULY 25, 1969, IN CASE 2, DRAWER L, AND BOOK 215 AT PAGE fi49, COUNTY OF EAGLE, STATE OF COLORADO ("THE PROPERTY"). WHEREAS, the Town Council believes it will benefit the public health, safety, and welfare to purchase the property for open space, parks, or other municipal purposes. NOW, THEREFORE, be it resolved by the Town Counci! of the Town of Vail, Colorado: The Town Manager is hereby authorized to enter into the contract to buy and sell the property attached hereto as Exhibit "A" and made a part hereof. 2. The Town Manager and the Town staff are authorized to take whatever steps are necessary to complete the purchase of the property by the Town of Vail from Abe L. Shapiro. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2dth day of October, t 992. ~~ ~ Marg ret A. Osterfoss, Mayor ` ATTEST: M.~- ~. ~ Martha S. Raeclcer, Town Cleric C3RESOLU92.17 .~- the printed portions of this form approved by the ~'l .Colorado Real Estate Commissian (CB5~-5-89) THIS f S A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER GOUNSEL SHOULD BE GONSULTEp BEFORE SIGNING. VACANT I.ANU/FARM ANU RANCH CUN'I'RAC'1"1'U ISUY ANU SELL REAL CS'I'AI'E Seller's rcnteJy Liyuiclatcd L?atttagcs or Specific Perfc)rmance (Section 16) 1. 1'Alt'1'IM;SiANUI'RbP1~.R'1'Y. ..~~~ ~(,~ `'~'`~'r""r~~J•~• ~ ~ , purcVSaser{s) [Purchaser[, (as joint tenants/tenents in comtnon) agrees to 6u Y and the tin Igoe eller(s) [Scllerl, agrees In sell, an the Icons and can itirnts set fnrtl ' n I is contr t, t e following describe al eslat~ in the Count of , Colorado. to wN: P ]_G`J~/J_~r ~~ 'fie rd a.~ 1~ ,~ ¢ ~r , known as Nr.). ' ! ~~~ , IStrce+ Address. City, Scale, 7.tp1 together with ail interest of Seiler m vacated streets and alleys adjacent Iherelo, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded, and tailed the Property. NS, The purchase price includes the following items (a) if attached to the Property on the date o(this contract: lightin , h plumbing, ventilating, and air co .,..., res, TV antennas, water softeners, smoke/firelburglar aiarnts, sec w~iees; costae telephone wiring and connecting hlucksljacks, plurals, mirrors, fkxrrcnverings, one,...,,, ,.gectttgs;built-iQi(.itcir lances, and sprinkler systems and controls; (b) if on 1-- - the Property whether attached ur nut on the date of Iltis cc - n vas uutn systems (Inc tic m~ ..«aFwtiC3,). storm windows, storm doors, window and porch sltadcs, awning ., .crccns, curtain rods, dr,grcly reds, fireplace inserts, fireplace screens, fireplace grtttt , Cloves, st.,:;.~lI.,_~ncus, all keys and garage dour openers i ~cluding renwle ctlnlhris; a7td (C} pp (r ~d ~ (( 'fnA Id} Water Rights. Purchase price to include the fo[Iowing water rights: ~~~ (e) Growing Crops. With respect to the growing crops Seller and Purchaser agree as follows: ~ ~/. ~~~ The above-described included items (Inclusions) arc to be conveyed to Purchaser by Seiler by bill of sale, ~~~ deed or other applicable legal instrurncnlf s) at the closing, Free and clear of al! taxes, liens and encun-brances[ except as provided in section 10. The following attached fixtures are excluded from this sale: ~ jF} 3. YURCIIASE PRICE ANU 7'1sRM11S. The purchase price shall be $ f ~~~ ~ , payable in U:5. dollars by Purchaser as follows (complete the applicable terms below): (a) Earnest Money. r!~ $ •~ in m of V s earnest money deposit and part payment of the purchase price, payable to and held by :..J ..., :..:,.J ,..'., :rest lb) Cash at Closing. $ ~~ to be paid by Purchaser at closing in cash, electronic transfer furnls, certified check, savings and loan tdler~ check, or cashier's check. Subject to the provisions oCsection 4, if the existing oan balance at the time of ct crag s II ifferent he I n bat ce' ecC the a 'ustment shall b ad in cash at closi g or paid as ful I s• 0 ~ ~x l7O D . lc) New f,ogn. S~ by Purchaser obtaining a new loan. 'This loan will he secured 6y a (Ist, 2nd, etc.) deed n t. The new Ina haler shall he amrlrtized over a period of years at approximatciy $ per inclu ci al and interest ncri tcl exceed 96 per annum, I quired by Purchaser§ lender a deposit of o toted annual real estate taxes, property insu rcmium, and mortgage insurance premium. If the loan is an adjustable interest talc or graduated payment loot , •menls and ' rate initially shalt not exceed the figures set forth above, Loan discount points, if any, shaft he paid to lender at closing ands ex ~ ~, of the total Ivan amount. The first f t, 2, t'tc.) loan discount points sh• auE by alai the balance, i[ any, shall be paid by _~- Purchaser shat ltime! tan origination fee oral to exceed ___ rk of the kran amount and Purchaser's loan costs. any appraisal ~ for loan put 1 nhlaiacd after this date shall he paid by n Itpplicalirln as rcquircd by lender. No. CIfS3-5-89, VACANT' 1,ANUltARM ANn RANCH ('ONTRACT Ttl Nt15" ANU SF,t,I. kF:At. F,STATF. Hradt+~rd F'atdi4hinF. 17A? Rarcc St ,Urn+cr. Ctl RO:n2 -•f303t 292.25011-- 6 R9 ~d) Assumption. ~\ by I'urC'llaser'S ati4Ullling attd agrccinF to pay an existing loan in this appmximAle anwunt, prcscntly paya6lc I S per including principal, interest presently at per annum, nd induding escrow for the following as indicated: ^ real estate faxes, ^ property insurance premium, ^ mortgage insurance p ium, and , Porch cr agrees to pay a loan ansfcr fee nut En exceed S . AI the time of assurttpti+,n, the new interest rdc shall not exceed % per annum aln-dl a newt--payment shat! nnl exceed S plus escrow, if any. Seller ' f Eh' ,_~ tihall opt 6e rcEeased from liability on said l+,an. If op}+licahlr, contnlianre with the requirements fnrrelease m liability shall be evidenced by deli y at closing of appnlpri:uc fence fmrtt lender. Cost p;tyable Fur release nF tiahility shall he paid by in an amount not In exccrd S (e) Seller or Private ird-Party Financing. S \ y Purchascrexecuting a promissory note payable tn: un the note fo tt as indicated: (check one box) O Right-trnCurc NTD 82-I 83 ^ No Right-u,-Cure NTD 8!-t 1-83 ^ __ __ secured by a (Ist, 2nd, etc.) decd of trust encumbering the Property, using the form as in 'aced: (check one box) ^ Strict Due-on-Sale (TD 72-11- ) ^ Creditworthy (TD 73.1 E-83) ^ Assumable-Not due on sa (TD 74-I I-83) f1 The promissory note shall be amortized on he basis of years, payable at $ ~ per including principal and interest at the rate of 9b per annum. Payments shat! tom encl• . and shall be due on the day f each succeeding , if not s+l+tncr paid, the h:duncc of principal :Ind accnrc+ 'nlerest shall fk due anal p:lyuhh• aftcrclusir,g. I'uynlcnts CI shall [.) silall nnl he lure • std liy of cstin tcd annual real estate taxes, and ^ shall ^ shall not he incrcascd by of cstintaled annual propert insurance premium. The Ivan shalt alss, contain the following renns as indicate f any p:ryment is n+,t rc rived within c;dcmlur days after its due dale, a late charge of 3r, of such payment shat l he due. Interest on uder tlisburscnrc s under the decd nC trust shall he % per annum. Default interest rate shall he "/e per a um. Purchaser may prepay without a penally except 4, FINAN('[N[; CUNDCI'IONS AND OIILI(~A'rfONS. (a) Lnal Iplicationls). If Purchaser is to pay all orport nfthe purchase price as set firth in src•liun 3 by nhtaining a orw Iran ar if an existing Iran is nut to h rc ~ISCd at closing, Purchaser, if rcyuircd by such lender, shall make written application within calendar days from acceptance of this c tlract. rchaser shall cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all dt,curne .and furnish , I infilrmation and documents required by the lender, and, subject to section 3, timely pay the costs of obtaining such loan or lenders scut. (b) Loan Approval. If l'urchascr is u, pay all ur partnf the urehasc price by obu:inin anew loan as specified in section 3, thiscnntract is conditional upon lender's approva! of the new loan nn or before , 19 . If not so approved by said date, this contract shall terminate. [ f the loan is sa approved, but such proceeds a not available to Purchaser ss rcquin in section 5 {Good Funds} at the time oFclosing, closing shall be extended one time fur rllendar d• s (nut to exceed (S) fivcl. [f sufficient fun s are not then available, ibis contract shall terminate. (c} F.xistlug•[.oan Review, [f an existing to is not to be +eleased at closing, 5cllcr shall p ide copies of the loan documents (including note, deed of trust, modifications] to Purchaser wit ' calendar days fn,m acceptance of this ntract. This contract is conditional upon Pur- chaser's review and approval of the prnvisinns such loan docurents. I'urchascr cnnsctds la the pntvisions such loan ducuntents ifnu written objection is received by Seller or l.itilinl; Couq,:tny ' um I'urchaher within calemlar days from Purclutsvrti eccipl of such d+xurncnls. If Ilse lender's approval of a transfer of the f'ropcrty is r quircd, this contract is conditional ul,nn Purchaser's nhtaining such app vat without change in the terms of such loan, except asset forth in section 1. lender's approval is not obtained on or hefor~ , 19 ,this contract shat! he terminated on su date. If Seller is to he released front liability under such existingloan and Purchus does not obtain such compliance as set fi,nh in section 1, this ca ruc•t may he lenninatcd at Seller's srytliun. (d) Assump(iun Ilalane . If Purchaser is kl pay all ^r part of lhr purchase price hp assuming an existing loan and if tl actual principal balance of the existing bran at the d• of closing is less Ihan the amount in section 3 by more than S ,then Pu aser may terminate this contract effective upo eceipt by Seller or Listing Company of Purchasers written notice of termination. (e}Credit Infer at ion. ! f Purchaser is to pay all ur port of the purchase price 6y executing a pmntissory note in favor of Seller if an existing loan is not to he rclca • d at closing, Iles l-+InIr:ICI IS Cfllldlllnn:d np+ln SC1Icr's :Ippmv:d crf Purchaser's financial ability and creditworthiness which approval shall be at Set is sole and absolute discretion. In such case: (l1 Purchaser shall supply to Seller on ar before , 14 , at Purchaser's expense, infnrntation and documents rnncerning Purchaser's financial, emplnyntenl and credit condition; ( Purchaser consent. fat Scllcrmay verify Purchaser's financial ability mid creditworthiness: (3i any such infi,nnalion andda,cuntents rcceivedby Sellersha beheld by Se ~r in confidence, and not released to others except k, protect Seller's interest in ibis Eransaclion: f4} if Scllcr does not provide wrinen no ' e of Sel is disapproval to Purchaser on ar before , 14 ,then Seller waives this condition. if Seller s ovide written entice of disapproval In Purchaser nn or before said date, this cunlract shall terminate. 5. GOOD FUNDS. AI! payments required at closing shall he made in funds which comply wish all applicable Colorado laws. fi. NOT ASSi[;NARI,F.. This contract shat! not be assignable by Purchaser without Seller's prior written consent. Except as so restricted. [his contract shall inure to the benefit of and he binding upon the hears, pets n:~'rcpresrn~ut~ives, successors and assigns of the parties. 7.EVll)F,NCF.OFTITf.E. SeltershalEfurnishtol'urrhaser.at~e~lSj,+IlS,eithrracurrentcommitmentfornwner'stitleinsurancepolicyin an amount equal to the purchase price or at Scller'schnic•e, an abstract of title cerlifird to a cttrrent date, on nr before ..wa,r' r~~ , 19 . !f a title insurance atnuniunrm is furnished, f'mrhascr may nyuirc t+f Scpcr Ehat copies of inslruutcnls (or abstracts of instruments} listed in the schedule of exceptions fExceptinns) in the title insurance contmihnent also be furnished to purchaser al 5eller's expense. This requirement shat! pertain only !o instrwnents shown of recnrd in the office of the clerk and mcarder of the designated county or enunties. The title insurance ennunilrnent, together wish any copies nr abstracts nl• iaslruutrnls furnished pursuunl to Ibis section 7, constitute the IiIIC ducuntents (Title DuCUntents). Purchaser must request Seller to furnish copies or abstracts of insvuntents listed in the schcduk of exceptions no later Ihan ~ calendar days after Purchasers receipt of the lido insurance commitment. 1f Seller furnishes a title insurance connnilnten+. Seller will have site title insurance policy dclivcred to f'urchascr as soon as practicahtc offer closin(! ;Ind pay the premium ut closing:. K. '1'1'r1.F;. (al 'I'iflc Itevlew. I'urch;lscr sh~lll have the right dl iutipc:ct the 'I'illc lhrcuntcnts ur Ilhstr,lcl. 1Vrillcn notice 1,y Purchaser oY umnerchantubility of title or of any other unc:dkfacl+rry title condition st+nwn hY tllc Title Documents or abstract shall he signed by or on behalf of Purchaser and given la Seller nr Listing Company nn or before ? calrnd:tr days after Purchaser's receipt of -title D+tcuntenls or abstract, or within five (S} calendar days after receipt by Purchaser of any Title Docunu,nt(sl or cndarst:rnent(s) adding new F.xceptinnfsl to the title commitment k,gclher with a copy of Ihc'hillc Document adding new lixecplinrt(s) to Eitlc. If 5rllcr ur Listing ('untpany does nut receive I'urchascrs notice by the dale(s) spccif•ied about, Purchaser shall hr deemed to have accepted tltc condition of tills as +lisclnsed by the "title !)ucuments as s:uislitclory. .~, ^. .-~ Ih) blotters Nnt Shown by the Public Rccnrds. Seller shalt deliver to Purchaser, nn or before the dale set forth in section T, true copies oC all lease(s) and survcyfs) in Scllcr's possession pertaining to fire 1'ntpcrty and shall discfusc to Purchaser a{I easements, liens orothertitle matters not shown by the public records of which Seiler has actua) knowledge. Purchaser shall have the right to inspect the Property to determine if any third party(s) has any right i n the I'ntperly not shown by the public records (such as an unrecorded easement, unrecorded lease, or 6lwndary line discrepancy). Written notice of any unsatisfactory condition s) diseloscd by Scl Icr or revealed by such inspection shall he signed by oron behalf of Purchaser and given to Seller or Listing Company on ur before ~~0 , ts) ~ ~ . If Scl Icr or Listing Company does not receive Purchaser's nailce by said date, Purchaser shall he deemed to have aceepred title subject to such rights, il' ,eery, of third parties of which Purchaser has actual knowledge. (c) Right to Cure. If Scllernr Listing Coatpany receives nolicenf unntcrchantahility of titre many otherunsatisfactvey t)t)econdition(s) as provided in subsection (a) ur fh) shove, Seller shall use reasonable effort Icr cnrrec•t sail unsatisl:rctory title condition(s) prior to the date ofc[osing. If Seller fails to correct said uns:nislirctury title condition(s) on nrl+elitrc the date of closing, this contract shall then terminate. subject W section 17; provided, however Purchaser Wray, by written notice received by 5el Icr ar Listing C u7ny ou or before closing, waive objection to said unsatisfactory title condition(s). 9. DATE OF CLOSING. The date of closing shall be ~~~ ~ ~ ~ ~' , or by mutual agreement at an earlies date. The hour and place of closing shall be ~° •!°'~ ~!i~ ~ °~v~~ ' 1U. TRANShF,R UN "1'I'1'LE. Subject to tcndcror payment an clusi gas rcyui d herein and ntpliance by Purchaser with the other terms and provisions hereof, Seller shall execute and dcflver a good and sufficient ~ ~~~ deed to Purchaser, on closing, conveying the Property free and clear r+f all taxes except the gcncrtl taxes for the year of closing, and except ~~ ;Tree and char srf a!I {lens Far special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; except distribution utility easements, including cable TV; except Ihvse matters reflected by the 'Title 1)ocumcnts accepted by Purchaser in seer+rdance with subsection 8(a}; except those rights, if any, of third parties in the Property not shown by the public records in accordance wUh subsection 8(b}; and subject to building and zoning regulations. ll. PAYMENT OF ENCUh1I1RANCE.S. Any encumbrance required tv be paid shall be paid at or before the time of senlement from the proceeds of this transaction or fmrn any other source. I2. (.'1.t)tiINC COSTS, I)OCUMF:N'I:S ANII SI':RVICh:S, .Vtrrchascr~~-r~t*{+~elf ~..:.v h: zl~.:,iag~rweegt,ae otherwise provided herein. Nurchascr and Seller shalt sign and complete all customary or reyuircd dcxuntents Wt yr before clo 'ng. Fe s tut real; state , r~ .1.1~iw.rCe~ 13. PIiURA'1'iUNS. Cicneral .txcs for the year of closing, based on the mast recent levy and Ilse must recent • ssessalent. rents, water and sewer charges, owner's association duty, and interest on continuing loan(s), iF any, and fd, chalE prorated to date of closing. Any sales, use and transfer tax Thal may accrue because of this Irantacliun shall be paid by . 14. i'U55ES5fUN. Possession of the Property shall he dcliveresl In Purchaser as follows: lw ~ ~`,d, 7~ subject to the fvlbwing lease(s) or tenancy(s): If Seller, after closing, Tails to ~e~ vet }x+ssession un the date herein specified, Seller shall be subject tv eviction and shall Ix additionally liable to Purchaser for payment of S ~ per day from rite date cif agreed possession anti! possession is delivered. l5. CONUI"PION OF ANU UAhIAGF. TO PRUPF;RTY. The Property and inclusions shall be conveyed in their present condition, ordinary wear and tear excepted. In the event the 1')openy shall he damaged by fire or other casualty prior lv time of c[vsing, in an amount of not [Wore than ten percent of the tats! pttrchasc price, Seller shall he obligated to repair the same before the daft of rinsing. ]n the event such damage is not repaired within said lime nr if the dantagcs exceed such cunt, this contract rosy be terminated al rite option of Purchaser. Should Purchaser elect to carry out this contract despite such damage, Purchaser shall be entitled to credit fur ail the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the iota! purchase price. Should any Inclusion(s) or service(s) fall or be damaged between the date of this contract and the date of closing or the date of possession, whichcvcr shall he earlier. then Seller shaft be liable fur the repair or replacement of such Inclusion(s) or service(s) with a unit vF sirnilar sire, age and yualily, or an cyuivalcut credit, less any insurance proceeds received by Purchaser covering such repair ur replat~utcnt. Z he risk of lens (or :my danrrge to growing crops, by fire or other casualty, shall he borne 6y the party entitled w the growing crops, if any, as provided in section 2 and such party shall 6e entitled to such insurance proceeds or l+encfits fur the growingcntps, if any. 16. T1h1E OF ESSENCF•/REM1IF.DIE5. Tirme is of die essence hereof. 1(any note or check received as earnest money hereunder or any other payrncnt due hcreundcr is not paid, honored or tendered when due, nr if any othcrobligation hcreundcr is not performed or waived as herein provided, there shalt he the fi~lluwing remedies: la) IF PURLIIAtiF:R IS IN I)EFAUI:I': fFTl1E I3pX IN SUf3SECTIC)N (!) I5 CIIECKED, SELLER :5 R}:i+ti:U1GS 5}IALL l)E AS 56"[' F[)R'TH IN SUI3SECTlON (() ISPF:CIFlC F'Elif~()Itl`fANCl:I. IE SAID f)O)C 15 NU7' CHECKEf), SELLER'S REMEDIES SHALL 8E AS SET 1~UR~fH IN 5UEi51:C'f1UN S2) ILI(1UIUAfGI) llAMAGI:SI. [J(1) Specific I'erfnrmance. Seller may elect to treat this contract at cancel led, in which cast al I payments and things of value received hereunder shall be forfeited and retained on behal f of Seller, and Setter may recover such damages as [nay be proper, or Sel ter Wray elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. (2) Liquidated Damages. All payments and things of value received hereunder shat! be Forfeited by Purchaser and retained on behalf of Seller and both parties shall ihtreafter be released from all ohligatinns hereunder. It is agreed that such payments and things of value are LIQUIpATED DAMAGES and (except as provided in subsection tc)) are SELi.liR'S SU1.E AN1) ONLY RE.>v1EUY for Purchaser's failure In perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. Ih) IF SEsLl,F.R 151N pI:FAUI,T: Purchaser nnty elect to t real this cool race as cancel Icel. in which rant al) payments and things of value receivetl hcreundcr shall ht rclurned•et~' _. _. .... .. .. , r,,... ,... ....~. .7.. .. `F:~_ _a-~ rna-crRe'i-ores' (c) CUS'I'S ANI) IsXI'1?N5lsS. Anything to the contrary herein notwithstanding, in the event of any litigation vrarbitralinn Writing out of thiscontract, the court shall award to the prevailing party all reasonable costs and expense, including aHorney fees. I F.5'f M()NFY I)15PU'1'F:. N7+twithslanding any tcnttimuion of this contract. Purch:7ser and Seller agree that, in the evenrp[sp3r. eontrnvcrry 7cganlint! nc~ carnerl m+ :~ ~ ....? tl.iw{vur' •~=due held by hrvikc r nr cfming ngrnt, unless ntutuul wri7rµy.q}yl tK me received by the holder of the earnest nuutey and [Eli ngs of value, broker nr closing agent shah n~a ' auy„~~}inn but may await any pnxecding. or ar broker 5 or closing agent's option and col ..ry uuerptead al I parties and deposit any moneys or things of value into a court o[ ctrrrrpettwt-jut:i5d1Clinn and .~,,,;; ,«s>vcr citurt costs and reasonable attorney fees. r.. 1g. INSPECTfON. Purchaser ar any designee, shall have the right to have inspection(s) of the physical condition of the Property and Gtclusians, td I'urclrascr'x exlkasc. If written clot. ic;~.tlf arty unsarisGrctory couditir+n, siltned by i'urchnsrr, ix n++l rrecivcd by Seller or Listing Compnny on nr before 1~1 /`~~1 , 19 ,the physical condition of the ~perty and Inclusions shall be deemed to be satisfactory to Purchaser. If written notice of any unsatisfactory condition, signed by Purchaser, is given Ia Seller or Listing Company as set Furth above in 1his~~lion, and if Purchaser and Sclfer hove not reached a written agreement in settlement thereof an or before E9 ,this contract steal! then terminate, subject to section 17. Purchaser is responsible and shall pay far any clarnage which occurs to the Property and Inciusiun • rrs a result of suck inspection. 19. A(;F.NCY 131SCLU5URE. The listing hmker, and its subs agents (Listing Company) represent Seller. The rsting Company owes duties of Erust, loyalty aril confidence to Seller only. While the Listing Company has a duty to treat Purchaser honestly, the Listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTING OR SELLING COMPANY THAT LISTING COMPANY lS SELLER'S AG>N~A The selling broker, and its sales agents {Setting Company) represent: [1F T}IE B().~{ IN SUBSECTION (h} IS CHECKED, SELLING COMPANY RI:I'RESENI'S PURCIfAS1:R UNl.Y, AS Sf:1~ FQRI'll IN SUBSEC'i'IUN (b), IF THE BOX iN SUBSECTION (b) IS NUT CHECKED, SELLING COMPANY REPRESENTS SELLER ONLY, AS SET FORTH 1N SUBSECTION (a).} (a) Seller. The Selling Company owes duties of trust, loyalty and confidence to Seller only. While the Selling Company has a duly to treat Purchaser honestly, the Selling Company is Seller's agent and is acting nn behalf of Seller and oat Purchaser. BY S[GNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COh4PANY THAI' SELLING COMPANY IS SELLER'S AGENT. ^ [h) Purchaser. ff the box is checked: 'Che Selling Company awes dudes of trust, loyalty and confidence to Purchaser only. While the Selling Company has a duty to treat Seller honestly, tl:e Selling Company is acting nn behalf of Purchaser and not 5cller. SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SEL~LoI,N~G.~COMPANY TI~Ai' IT•IS PUR~CH-A-SOER'S AGENT. 20, A[)1~31TyIU~NA'IL,PROVISIONS: ND r~.G,/.~~Q.i~at/i~~r~(/!/~. ~Grfn/(rlLGt~A' WI O~R / r 2l. RF.C()h[MFNI)ATION OF 1.EC;AL COUNSF,I., By signing This dr+curnent, Purchaser and 5cller acknowledge that the Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of tike and this contract. 22. TERMINA'I70N. In the event this contract is terminated, alt payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to section t7. 23. NO"C1CF. OF ACCEPT N EICi)U TERI'AR' S If This pmpusal is accepted by Scher in writing and Purchaser receives notice of such acceptance an nr bcli+re Q~ ~ 19 Q' ~• , this document shall hecunre a contract between Scllcr and Purchaser. A copy of this ducurnent may he executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall he deemed to he a full and c rnplete contract between the parties. ~t~ a>F _l~ r ~l ota-g~ ~~a'~I~~J`"(^r`_' ~ Dale F'urchnsrr Dart [, r Purchaser's Address [TO BE COMPLETED BY S>~LLER AND LISTING CAOMPANY[ 2M..ACCEPTANCI3~9[4ip~iitliSl~N, Seller accepts thfe/ above proposal this ~~~day of r~/~+-tJ1 , l9 ! oZ , Sel ter shalt p s the Listing Company a commission of N/A ~o of the gross purchase price or N~/3 as agreed upon bet Seller and Listing Company For services in this transaction. ~n the event of forfeiture of paym and things of value received hereunder, such payments things of value shall be divided between Listing Company and Seller, one-half of to Listing Company, but not to exceed the cp(ttmissian, and ce U) Seller. -~ Selkcr )art Scllcr art Seller's Address ,. ~ ~ CL....}_ , _ _ __- .,..__., . The undersigned Selling Company acknowledges receipt of arrest rnnne • alit slxrcificd in section 3 and built Sailing Compnny and Listing Company confirm the respective agency disclosure set fur section IN. Selling Company B y: ' LSiynnlurel Untc Ilddrr;ss Listing Campo ftv: ISirn~r urcl _ ress _- -- late RESOLUTION NO. 113 SERIES 1992 A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO PURCHASE, SELL, RESELL, TO OR FROM GILL & ASSOCIATES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to give certain employees of the Tawn trading authorization to deal with Gill & Associates. NOW, THEREFORE, be it resolved by the Tawn Council of the Town of Vail, Colorado: 1. Stephen Barwick, the Administrative Services Director or his successor, Steven Thompson, the Controller or his successor, and Shelly Shanley, the Assistant Controller ar her successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell, to or from Gill & Associates any and all forms of investment instruments, allowed under the Tawn of Vail's investment policy. 2. Any action taken by one of the above named employees of the Town shall be deemed to be proper in connection with any transaction with Gill & Associates, and Giil & Associates may deal with any and all of them as though it were dealing with the Town directly. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, 1992. Q• a ` ~r+ Margaret A. Osterfoss`; Mayor ATTEST: IG(.att6u~-- ~'. ~t.er~kw Martha S. Raeclcer, Town Clerk c;weso~u~x.~a RESOLUTION NO. 19 SERIES 1992 A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO PURCHASE, SELL, RESELL, TO OR FROM RAF FINANCIAL CORPORATION; AND Sr r r lNG FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to give certain employees of the Town trading authorization to deaf with RAF Financial Corporation. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. Stephen Barwick, the Administrative Services Director or his successor, Steven Thompson, the Controller ar his successor, and Shelly Shanley, the Assistant Controller or her successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell, to or from RAF Financial Corporation any and all forms of investment instruments, allowed under the Town of Vail's investment policy. 2. Any action taken by one of the above named employees of the Town shall be deemed to be proper in connection with any transaction with RAF Financial Corporation, and RAF Financial Corporation may deal with any and all of them as though it were dealing with the Town directly. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, 1992. Margaret A. Osterfoss, Mayor ATTEST: ,_, ~~t, ~ IeiLCckr~~ Martha S. Raecker, Town Clerk G:WES~LU92.19 RESOLUTION N0.2Q SERIES '1992 A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO PURCHASE, SELL, RESELL, TO OR FROM STIFEL, NICOLAUS & CO., INC.; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to give certain employees of the Tawn trading authorization to deal with Stifei, Nicolaus & Co., inc. NOW, THEREFORE, be it resolved by the Town Counci! of the Town of Vail, Colorado: ~ . Stephen Barwick, the Administrative Services Director or his successor, Steven Thompson, the Controller or his successor, and Shelly Shanley, the Assistant Controller or her successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell, to or from Stifei, Nicolaus & Co., inc. any and all forms of investment instruments, allowed under the Town of Vail's investment policy. 2. Any action taken by one of the above named employees of the Town shall be deemed to be proper in connection with any transaction with Stifei, Nicolaus & Co., inc., and Stifei, Nicolaus & Co., Inc, may deal with any and all of them as though it were dealing with the Town directly. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, i 992. Q. Margaret A. Osterfoss, 11~yor ATTEST; Martha S. Raecker, Town Clerk C.4AESpLUA2.2U RESOLUTION NO. 21 SERIES 1992 A RESOLUTION AUTHORIZING CERTAIN TOWN EMPLOYEES AND OFFIGERS TO SIGN CHECKS DRAWING ON A HEALTH INSURANCE DEBIT ACCOUNT TO BE OPENED BY THE TOWN AT THE FIRSTBANK OF VAIL, AND FURTHER AUTHORIZING CERTAIN EMPLOYEES OF THE TOWN TO MAKE DEPOSITS IN SAID ACCOUNT. WHEREAS, the Town wishes to open account number 2296560318 at the FirstBank of Vail; and WHEREAS, the Bank requires a Resolution setting forth parties who are authorized to sign checks drawing on funds in the account and who are authorized to deposit in said account. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, as follows: 1. The following officers and employees of the Town are hereby authorized in the name of the Town, to collect, discount, negotiate, endorse, and sign aft checks, drafts, notes, and other negotiable or nonnegotiable instruments payable to the Town, or in which the Town has an interest, and to draw, sign, and delivery, in the name of the Town, checks or drafts against the funds of the Town on deposit in said Bank: A, Kenneth H. Hughey or his successor. B. Stephen H, Barwick or his successor. C. Randall V. Phillips or his successor. 2. For the purpose of deposit in the account of the Town with the Bank, any Town officer or employee of the Finance Department may endorse, sign, or deliver on behalf of the Town, any checks, orders, ar other evidence of indebtedness far the payment of monies payable to the order of the Town. 3. The authority of the aforesaid employees and officers to pertorm each and all the powers conferred by the foregoing Resolution shalt continue until notice in writing, terminating such authority, shall be served upon said Bank, and shall be noted upon the certified copy of such Resolution as delivered to said Bank. 4. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of December, 1992. ~ C~( Mar ret A. Osterfoss, A~yor ATTEST: Martha S. Raecker, Town Cterk cw~so~ugz.~ .-- RESOLUTION N0.22 SERIES X992 A RESOLUTION REAFFIRMING THE VAIL TOWN COUNCIL'S BELIEF FN EQUALITY FOR ALL INDIVIDUALS AND EXPRESSING ITS OPPOSITION TO THE X992 AMENDMENT TWO OF THE COLORADO STATE CONSTITUTION. WHEREAS, the Vail Tawn Council believes in equality, tolerance, and acceptance far individuals of all races, genders, religions, and sexual orientations; and WHEREAS, we believe in fairness and non-discriminatory treatment for all individuals with regard to public services and functions, including employment, housing, and accommodations; and WHEREAS, the Vail Town Council is deeply concerned with the passage of Amendment Two by the voters of Colorado and we do not feel this measure fairly represents our continued commitment to such non-discriminatory treatment for all guests and residents of our community; and WHEREAS, the Vail Town Council is concerned about newly enacted Amendment Two's apparent conflict with the 14th Amendment of the U.S. Constitution and the Home Rule Amendment of the Colorado Constitution, and is concerned about the attack of Amendment Two on the power of municipalities and local voters to determine what laws are appropriate in their communities; and WHEREAS, Vail voters apposed Amendment Two by a margin of fib%, and Eagle County voters opposed Amendment Two by a margin of 61 %, and we continue to consider Vail and Eagle County to be tolerant, accepting, and non-discriminatory by nature. NOW, THEREFORE, BE iT RESOLVED by the Town Council of the Town of Vail, Colorado as follows: 1. That the Vail Town Council unanimously expresses its opposition to the recently approved Amendment Two to the Colorado State Cansttution; and 2. That the Town of Vail will work and support the efforts to see that this Amendment to the Colorado State Constitution is repealed. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED thisaZ`~ day of Novom~, 1992, ~~ a, ~'~! Margaret A. Ostertoss, Mayor ATTEST: ~ ~, '~e,r.~v Martha S. Raecker, Town Clerk C9RE90LU62.22