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HomeMy WebLinkAbout1995 Resolutions~ • ~ iRESOLUTION NO. 1 SERIES OF 1995 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN} OF MAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN GOUNCfL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN Oi VAIL. WHEREAS, Section 246-402(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 formal 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 stature provides that a local public body shall be deemed to have given full and timely notice if notice of the meeting is pasted 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 be 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 for the posting of such full and timely notice to the public for meetings of the Tawn 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 Vaii, 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 for the posting of foil and timely notice to the public as provided for in 24-~-4020 }(c), C.R.S., as amended. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 3th day of January, c 995. Q C~= r Marg~l~et A. 4sterfoss, Mayor ATTEST: dt>'1 ~ ~ Holly . McCutcheon, Town Clerk c:+R~soa.u9a.i Resclut4or~ A'a. 1, Series n! 1995 . • • 'r RESOLUTION NO. 2 Series of 1995 A RESOLUTION SETTING THE ^ATE FOR A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE VOTERS FOR THEIR APPROVAL OR DISAPPROVAL, ORDINANCE NO. 1S, SERIES OF 1994, AN ORDINANCE RESTRICTING THE SALE OR POSSESSION OF ASSAULT WEAPONS; AND SUBMITTING TO THE VOTERS FOR THEIR APPROVAL OR DISAPPROVAL A QUESTION REGARDING THE CONSTRUCTION OF A CEMETERY. WHEREAS, a referendum petition has been filed with the Town Clerk of the Town of Vail, demanding that the Town Council reconsider Ordinance No. 15, Series of 1994 pursuant to Article 5, Initiative and Referendum of the Municipal Charter of the Town of Vail; and WHEREAS, the Town Gouncil reconsidered Ordinance No. 15, Series of 1994, at the regular meeting of the Town Council of the Town of Vail held on December b, 1994; and WHEREAS, upon such reconsideration, the Council failed to repeal the Ordinance so reconsidered; and WHEREAS, pursuant to Section S.6 of the Charter of the Town of Vail, Colorado, said Ordinance must be submitted to the voters of the Town at an election to be held not less than thirty (30) days nor later than ninety (9d) days from the date of the final Council vote on the reconsideration of the Ordinance; and WHEREAS, na regular Town election is to be held within said period and therefore the Council must provide for a special election; and WHEREAS, the Town Council desires also to submit a question to the voters concerning a proposed cemetery within the Town of Vail. NOW, THEREFORE, BE iT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO; 1. A special election is hereby set for February 7, 1995 far the purpose of submitting Ordinance No, 1S, Series of 1994, as well as a question concerning a proposed cemetery within the Town of Vail, to a vote of the registered electors of the Tawn of Vail. 2. The following ballot question shall be submitted to the voters for approval or disapproval on February 7, 1995: (a) "Shall Ordinance No. IS, Series of 1994, an ordinance restricting the sale or possession of assault weapons be approved?" (b) "Shall the Town of Vail construct a cemetery as generally proposed in the Town of Vail Municipal Cemetery Master Plan to be located on the upper bench of Donovan Park, Vail, Colorado, with no increase in taxes?" 3. The Town Clerk is hereby directed to take all steps required by law for the purpose of holding said special election. J . on its ~assa~e. -ately up of hall take effa~t i-~med ~pPTEp this ~~~ day 7hls Res©lution©> APPR~~E~ p,ND A A~. SEA 1~1~"ROpUC~'C?, 1995• r ~'~ ~• 4stQ,~oss, IJ4a M~r9~r A~EST ~ "Clerk, n M,~Cutch$an, how dally --• .~ .~ 4 tQ ~' c 6 ~.c~ a ~ ~ ~- O fl Q Q O 4 m (} 6 ~~~a S2 tQ Q ~ Q Q i ~ n -~ T~ (' . 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INTRODUCED, READ AND APPROVED AND ADOPTED THIS ~L day of ~,, 1995. MargarC~ A. Osterfoss, Mayor A EST: ~~~~ -~ Holly L. MCCutcheon, Town Clerk "~ ~ ~ ~ a ~ ~ ^ N C 7 -+ cn -+ f.9 m ~ N~ ~- c N N °' tD ~ ~ a~ U m O ~ to ~ O -7+ ^' p O~~ N +~ ro p~ 3 D z m ~~ Q y ° c cD 3~~ ~ ~~ p a a m Q O O~ m ro a m p 3~ 0 ~' ~ p v, D Z rm,., O 0 o^ a (~ y C Q p o~ y~ a' ° ci cn a n^ O ~ a s ~ Q -~ y ~~ N m ° m ro o~ x "' o ° o -« ° .I ~ ~y a~ ~` ° m a Q "~N .. 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Nm ~~ ~~ o ~ ~m~ N~~'s~~~n m ~~ ~ ~~o S~~m ~~~ ~m8 ~ ~ ~ ~D ~ ~ ~~ ~ ~ ~ c ~ ~ ~ ~ r, fnG ~O ~ y ,,, S ~' i?i ~i~ O lpo.Q ~'iidfh' ~8ti ~$~ ~~ 0 0 C ~_ 0 Z RESOLUTION N0.4 SERIES OF 7935 A RESOLUTION APPROVING AND ADOPTING THE TOWN OF VAILNAfL ASSOCIATES PROGRAM TO MANAGE PEAK PERIODS WHEREAS, the Town Council of the Town of Vail and Vail Associates have engaged in open, frank discussions regarding growth issues within the Town and on the mountain; and WHEREAS, the two organizations have worked together to establish common priorities and identify issues that will contribute to the future managed success of the community; and WHEREAS, the agreement identifies common priorities which include, but are not limited to, transportation and circulation, housing, open space preservation, coordinating fang range capital planning, and management of peak and nonpeak skier periods; and WHEREAS, two of those common priorities are addressed by and through the project of mountain expansion known as Category I{1 and the traffic circulation plan known as the Roundabouts; and WHEREAS, the process of discussion and planning has resulted in an agreement to proactively manage growth issues in our community; and WHEREAS, the results of this extensive effort are identified in a document entitled Strategies for the Future: Town of Vail and Vail Associates. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Town CouncilNail Associates Program to Manage Peak Periods attached to this Resolution as Exhibit A is hereby approved and adapted. 2. Category Ill with regard to off-si#e impacts to the Town of Vail has the backing and support of the Town Council. 3. The Town of Vail hereby accepts those specific greenbel# and stream tracts currently under Vail Associates ownership that are to be conveyed to the Town of Vail for permanent open space purposes and the leases for the property on which the Pirate Ship Park and Lionshead Tot Lot are presently located. 4. The Town Manager and the Town staff are hereby authorized to take all artian~ necessary to implement the Program to Manage Peak Periods. 5. This resolution shall take effect immediately upon its passage. Resolution No. 4, Series of 1995 • • • INTRODUCED, READ, APPROVED AND ADOPTED this ~-/~ day of C~~;-,' 1995. Margaret 1~'. Oster'foss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:tiRESOLU94.4 Resolution No. 4, Series of 1995 tf1 ro Q 4 Q. d ~ a ~, d p ~~ i~~ Q m ~~ a ~ cis •~ } ~, ~~ c~ ~ro ~~ o . ~ 0 - i ~ ` ~ ~. ~ ~ g ~ ~ ~ 4 Q ~ G~. m ~ m -v ~ -~ ~ p C3 ~' N ~ ~ ~~ Q ~ 3. ~ ~ Q! Q ro ~ ~ ~ ~~~ p~ ~ ~ ~ ~ Q ~ ~, (D 4 f ~'~ m ~ ~ ~~+ ~ ~ ~ Q ~ N O ~~ ~~~,~a~©ro3~~~~ ~ s~ m ti ~ ~ ~~~~~ N_Q~~~ ~ ~~ ~~~ ~, w ~~~ ~~~c ~ Qo ~~~~' ~~ { ~- Q Q ~. ~ ~ © -, M ~ ~ ~ ~ ~ ~ m ~ ^ ~ ~ ~ ~ ~ m lma ~ J~ ~ fa~ ^r ~ ~ I.~i a lV \V ~ ~ y ~Q lL, 4 J ~ ~ {~ ~ ~ ~ ~ {Q f. ~, fl c3 Cs O m ? ~ ~ ~ ~ ~ p cn t~°a.a~oa°~~~~~~ X ~ o Q ~~ ~n fl ~ ~o-~~ ~a.° m '"~ Q C 3"" ... ro N' tr ~~„ ,,5 rr:~"''~~ i""` Tht~Vcdl7YCd1-ApriI7, 1995 ~~ .•~ L McGttdtedn And YA teeoQnirte that Nils Apragment must be spread fngrasa and egress perbds (gp., after 3:36 mg7hDrhp proDrBUn hl3edldi VI bebw. V. Fjri rte Trfl 5{2Qr1811en Needs and ( iav TvanCbrk dynemb and svohAnp. Both pantos antklpaia p.m.). Any exlenslvn o1 operellona{ haute vn9 b9 b, Ae currenNy, IhnN ar manage Front Range . perlodlc m0dffkstbne io mgasilras listed fn Ih® cvordkiated wkh TOV antl not Intadere wan i0Y'a prenTOnonei tldiellrtg inceniivas in an aNod to avokl Since l98M theca has been a flit tax In 'E7WiBIT A' Agreoment, as set brth kt Section VI. delWeryot services (g.p., snow removal. ) exoeedfrt 18,860 SAO7 durln the dad. The q g ~ existence. Tills lift !ax pravtdes a partnership F, penirfaaflon Other Penles. TOV and fay h. As curt emty, ataggerempbyee work hours, 3e l l V ® f hre o unkrye in the ski kdustryantl has enabled th® 70V Af3REEiAENT ~ VA wlb also eaek the cooperelkxi of other parties as practicable, to mhlgate traffic and perking F below lo n wUl ack l auocgss of this io provide such trenaportallorl amenities as Its bug which ere pony reapansl6le for Qrmyh•related problems, eHOy. service. TOV and VA acknowledge Iha1 future JAIWAILASSOCIATES Issues {The resort aasocletlona, chemhare of L Work with TOV end Eagle County to aEnwumgaemploygocarpoolingbypravidbg lranspartaNonnesdsaresubsranllal,Accordingly, t MANAGE?TEAK PERIg6S commerce, btlging assadallvns, antl others} !n Increase rellance upon vans and other public parking irtcenlivea and dlslncenlivas when other local, stale and federal revenues will be auppatting the measures cantalned in Ihasa iransportalipn ro and from the Eagb County and necessary. required to suppkhttent lNl lax revenues. prrgrems. Such pankipatlon could be undartakan Denver Intematlonaf airports antl wfthln TOV while d. TOV and VA will actively pursue park end TOV and VA agree that as the creation of 1, on a vdunlary, informal balls. enctluregklg reduoed rellance upon rental taro. To title ekes for their employees and employees of the additimal tiff tax revenues, trensponalbn grants VaN('TOV')antlVegAssociafes G. E~ipendlnp Peek Martaaamnnt to rnq thlsand,VAwtfldevelopa,,,,,,,,,,,,,,anshreplanwrlh mmmuntiylartltellmelromPresldenis'Weekand andotharrevenuesourcasallowlransportalbn nizg tfie importance of pravWing Non•wlpjer Seasm, Anhpugh oWBlde the scope of TOV by no later Ihan June f, 1995. At a minknum, through the end of March. As peA of This aflon, revenues !o exceed !n any given year the cast ~esfdanls vaMt ma highest quaky this Agrearrlent, measures well also be needed tp TOV and VA will review and update the plan every TOY aad VA wnl develop eaoperadve relalkxtshlAS assoclefed with TOV's bus servlms, such conlrel peak and high use perbds during Mle non-ski dhar year, wgh puhlk: (@.Q., schools) antl private Instkulbns to supp}emental revenues will be available for use by s goal, TOV and VA are atrlvlnp season (e.¢., July 4 weBkentl, Labor Day, 2. Stoning Immedieteiy, TOV will hnpkxnenl a ulNize appropriate parklrTg sees which are avellaNe TOY for other pNarlty transportation needs. ey ire levels of vlSA911an among and Rugggdest, etc.). Proper management of non-ski variety of programs during the dudng Mris time period. Funding will be equalry doing so, TOV will help to effectuate ins purpose tnt seasons so that Vail can related perkxls wit be equeAy crflical roansudng the December 2CrDecember 31 period, regardless of shared by all users. ai this Agreement and wNl make staedy progress year•round resort, On the one quality v1 the Veil experience. Whlb TOV must whether the Tovm of Veil is at cepecNy. e, Extend mountain aperaNons to spread laxard providingasupaWrlransporlatwrJdreulaNan 11 t0 sea peak periods tlurinp have (he primary rote In manapktp rton•skl season e. Aa currently, fmplemantalbn of a proadive, ingress and egress periods (@.p., before 6:30 a.m., system rot Vall's guests antl residents. WIIh the bnis' Weakand, antl the 4th o1 grovrtn, VA pledges ks „_,.,,,,,,.llan. ~ hands-on management effort kt coordinaifon with after 4:00 p,m.}. Any extension of operelianal advent or anticipated annual skier Yisitallon growth, an the carrying capacities of Ilse H. Glasaerv o! igrtlla. Ta facflllale review of VA to adequately control peak haHlc and parking Wows wig be caardroatad with TOV end not Incremental revenues shoultl also become available he mountain are occasionally this Agreement, the folkwrYTg terms era d9flned issues assoCldled with the Christmas peak. inledere with TOY's delivery of servbas (@.p., is address these fmpvdant prbrities. nee these peak periods era Christmas Peak: That period which eMentlS Inchdedkisuchelforisareprosdfvemanegamenl snowranwvalJ. As a rasull of the past alghleen months of A high innux of cars, {reffb, and baween :,:.: W; 28 antl Deoembar 31. of Iha tratflc chculallpn antl parking syslams; f. Stagger employee work hours, as discussion conceming growth management, TOV •• el! of which ran compromise High Season: Thal period whfch includes creative aflocallon of bas serWce; aftgcOve predicable, to mNlgaie Iraific and parking and Vq anlidpale that soma of the examples of Veil experience. On Iha other Preskients'Weekand and each weekend tx3gksning utiAratian of law e..:_...;,.,,;,,»personngl; and better problems. the most pressing current Iransponation and lariods of bw to moderate use the third weeketxl ki February through the end of dlstributEOn of skiers to me different base area g. Work wish TOV and Eagle County to cfmulallon Heads InckJda, but are not limited lo: udvre, employment base, end March facililles. TOV oommns to timely ImplemeMatkm W increase reliance upon vans and other public crxnpletian of the roundabout BI Ihefovrway slop; unities o1 1he community ere Ina{amantal kR ticket lax revenues: Future lift such measures, Rartfcufarly during Inclement transportation to and from iha Eagle County and consiruciion of the roundabout in West Vall; Ilckel tax revenues on VaN MouMakt That exceed weather periods where [reffic conditions eon be Denver Internalipttal s#rpons and within TOV while expansim of reglonaf bus service: tlevebpment of Iha key cheaenges far TDV end the 1994~ift Ilckel lax revenues, exacerbated encouraging reduced rellance upon raiNal oars. To appropriate park end ride sites; and expansion of ement a serial of management, 'Menses to': Thal process used by the Forest b. As currently, provide bus passes to TOV this antl, VA will develop a cpm,. ~:.~.,.,:.,~ plan wrlh skier drop•oH focallons al the Westin, Vista Sahn, derelopmenl IeChnlqu0a in a Service fn iha 1966 Special Use Permll and employees for the ragionet transit syslam and TOV4ynarolerthanSeplerrtber 1, 1885,inclvding GoklPeek,arxlLknshaad. n 7o Help promote skier visftelbn Oecislon Nollta to evaluate impacts to Veil encourage use of the 1reeTOV bus system, apprapriele iuntling mechanisms, At a minimum, The Assossmeni Commktae (Section VF, 8) ik periods. Essenllal W this and Mountain end the sown when 5kiers•at-ono-time c. As currently, encourage employee Iha plan will be reviewed and updated every other will pgrlodlcally update its transportatioa Ill, which would ensure more exmad 19,860, carpooling by pravidfng parking fncenlives and year. assessments in light of the purposes of the tale seasons for Iha community. Nmpaak parkas: Those perbds feting outside tlishcarllWBS when rtece55ary. 2. TOV will imptemertt iha following measures Agrearttent, end make r a,...,,,,,,~,,,..a,:ons for priorNy TOY and VA wilt need to ensure of lheChdslmas peak and Hlgh Beeson and whblt d. TOV end VA will actively pursue park and during the high season, regardless of whether lransportalion prolecis and sliocatlans of ha carrying capacity of Vaff nonnalty4rcltrdatlraesdyskiseasorr,Thanksgiving, ddgaAgsrorihelrempbyaesandemplvyeesoflhg capaaryistxtingexceetlad: incrampntalliRiaxrevenuss. community'} and YBII Mounlaln Iha pre•Chrlslmas period, the January to community for me Christmas Peak. As pert of Ibis a. Impiementallon of a proedivg, hands-on While the Tina! declsians regarding the mountain') ere Hal exceeded mid•February period, and the late ski ae9sm. efiori, TOV and VA wiN develop cooperetfve managemen! affect in caordinetion with VA to ezpendNure of tunas rest with TOV, VA's input and d SADT: Sklars•al•one•time on Vall Mounlaln• relationships wIM public (@.Q" sahoola) and prrvale adequately conical peak irakfc and parking issues the ob]activss of this Agreement wilt be given , have made rtaiabts strides In Tha term Is irequenlry used by the Forest Service insiRutions to uMNZe appropriate palkktg saes wh}dt assoclatetl with Iha high season peak. IneNyded in careful „_...:,:_. ~?_.. as pad Ot the public process. xcontrolensmenageSUChpeak Insettinpbenchmarkcapacflyfavisftationataski ensevelfabledvringthlslimapadod.Fundingwinbe Such aHOrls era proeative management orfhe The adual number of peak days eras, both on Iha Bkl mounteln end within the equelty Shared byalf tuers. Traffic chculalion and perking systems; treaties VL MannorinprAssessmgnlg, rig recent years and the growth adjacent community. e. As currently, stagger employee work hours, aNocation o1 bus servce; eiledfve utllizaibn of law A. TOV end VA agree io share (excePi where tired has been conlalnetl In es practicable, to mlllgaia Traffic and parkrog enWrcameM personnel; and 4eller tlisldbuEMn of noted) in the cost pf a mmprettensive monitoring ask seasons. Cedein programs II. P~tggq]Er~(jsllatlon Dudnd Nonveak problems. skiers la iha different base area taciltt+as. TOV program that has been (ointfy agraetl upon to res0 iha impacts el Traffic and }'@rJpQs. 1. As vurrentiy, Intresse number of buses commits to timely fmpfementation of such assess the affects and knpacrs of peak tley or high a Haiday Trenspanallon and Sleninp Immedlalely, TOV and VA wiM oommk dudrtg iha perked is accommadele larger nUmbws measures, padicularly tludng incleman! wBathar season use, as well as to eveluara nonpeak l ensure more cvmtonable akiYtg to a program to encourage Wsllativn during ai riders. In certain cases, reassign buses to periods where tre1Nc candlhans cart be periods. SuM monBpring progrem wNl tx3 developed fg.p„ VA's 'manage lo' ak{ar underutilized periods or iha winter season. This different geographical areas, )9•, pUityfng areas, aimaerbaied. IoIMry by 70V and VA by no later than eflon wl@ create incenlhres for guests and property and praWde more frequent service ro such areas. b. Apply rigorous management predkes fo the September i, 1995, and incude at a minimum Eha base past measures, 70V and owners to viall VaM el Times abet than IhB peek g. Develop a plan by rip later than June t, Town's public parking strudures so as to maximize foflowirtg hams: pond and tormaflza dtek oripoyq end high se95an6 (as defined rater In Sectkns n! t99S with local businesses to Implement the number of spaces avagable for Vail'a visi;ars 1. Skiers rn VaH Mcuruaht, including Points of qh a more comprahenslve peak end IV) end thereby promote a more balanced, drmpamble measures on a voluntary balls. and to reduce Beal traNk tludng tigress antl egress access and egress, Ilmes of arrival and departure, nagemeni agreement Thal will heeflhy ecanpmy. To this end, TOV end VA will h. Work with VA and Eagle County to increase hours. Examples of measures to be employed by antl num4ers o1 destinattan antl day skiers. Fhis :unity cerryktg cepacalea are not devsbp a comprehensive plan by no lacer Than reliance upon vans and dhar public transponation TOV tluring Nte high season will include intormalbn will be supplemented through VA's bat rpreemgni can be IncvrporalBd 3eplember 1, 1995 that expends upon antl details to end from the Eagle County and Denver (i} ad]uslmaM o1 short-larm parking fees coding iAt ticket system once N is luny operalianaL 'manage lo' irameworlt Ihethas iha measures 6e1 font below h Urls section Internetbnal glrparlS and wllbin TOV while (specilically in the morning}; (2) adjustment a Tha effect of Ilckel price adJustmenls and Forest Savtce, TOV, end VA as A, VA RaeonnsibllNkrs •- Nvneeak Pedndg, encouragng eduoed reliance upon rentaF cars. 7o polfcles and tea atrudures 19 maklmize skier marketing on skier visilaNOn during peak and IiS Spedai Use Permll. Tha Mesauree to be 4nplemenled by VA 10 encourage this end, 70V will develop a comprehensive plan visiletlon during the day and maximize vllrage nanpeak periods will also be evaluated. Normal Ilao bg camplemenlery !d the vlsMmbn durlnp rTOrtpgak periods, wit ktdude: wtih VA by na lalar then September 1, t885. At a visNation in iha evening; and (3) restructuring use costs o! tnonitaring skier numbers end movemanl nentallpn of Category IN whfch t. InlanaNled matkaNrtQ of VBII boNt wMAln and minimum, the plan will be reviewed and updated M loam dlstounis tludng these spBClllc peak will be borne by VA. Extreordhtary and new ~ndsuppodafiOVaslolhvae ovlsldeNteFroMRange. everyaharyear. periods. evaluationsJolntfyagreedtobyVAarTdTOVwNIbe the Tawn. 2. Eu~pendad ktttrmatkxtel tnadrelfng 1, This technique wit ba accompanied by c. TOV and VA wiN adively pursue park end fundetl byVA and TOV. ~~gak and H]gJL(Jse Pariotls. 3. t'rovida selective skier promotional TOV"s rigorous management of public perk#ng rids skea far Neir ampbyees-stye employees a the 2. Traf(~c anetysES, during whist only, inaiud'mg srgds and managlTg the impede fncenlWas, Including ittcaMivga to new, 1ks1-time structures to maximize the number of spaces CommunNy for iha high season. As part o1 this traNlc counts and assessments of key factors shot use Ls ohen campgCated try dgnastk; de9llretl0n eklere. available !ar VaN's guests, patrons and those effort, TOV and VA will devsbp epoperatWa suet as congeanon al the four•way slop and Wesl beyond TOV and VA's tantrot. 4. Ertoourape kxipe ovatere to use promabnal without Irensporlalbn ahemathres end Io reduce relatonships witlt publb (g.p., schools) and private VaN. included b this analysts wilt be the review o1 rarer, trafac accMertls. unreNabie ltce+ttknsa and pedeplg afrertQarnenla for lsdusitg unnecessary iralfic during ingress and egress instkulkma to ullllz9approprlala parkhgsites whkh various traHie management techniques In reducing via otharaY9nl8cen mmpramise more Rexlbte lengths of slay. hours. Examples o! measures to be empioyari 4Y era avatlattladurlrg this dmepadod. funding win be congastbn as wail as the eHacts of inclement itehspNeofthetlestlakiptans. B. jQy~AeN{ig~}i(Ies,Natna~akparksds, TOV during the Christmas period will Include gquatlysharedbyatlusers. waftRrerartd,,,,..:.;_.„.,ancongestlon. led on past experiences, TOV kleespres t0 behttplsmented byTOVfoenoatraQa f1) etl]usimeni oT short-term parking teas d. Stagger empbyea work hours, es 3. parking munra at key fxaUons dudng the aNer posHbn crow to anllolpefe vlsietkn durkg Mtonatpeaft periods, wIA tntitrde: (epetlNcalty In iha morning}; (2) atlJuatmenl of practicable, tv mitigate ira7liv and parking winter, betiding publk bra, park and dda lacilAles, Toth on iha Mounlaln and h iha I, Worklnp Wtat krdga armors to ancourapa pallcla5 end tea structures to maximize skier problems an-toed parking, eta Tampa these pBrlada to the Iodgl9 ktaerMkres. viskaibn durlnp the day and maximize village e. Inpease number of dusea dudng iha periotl A. Maas transll, carpooling, vanpaoNng testa, realdeMa aria progeny 2. Crealhp Certahparkky ilcerltlYes (reduced visltellan kt the evattktp; and (3) raslntduAnp use to accommodate larger numbers o1 riders. In assessmens during winter. Included within this fags or bee parkhQ) In ovnJunalon with YA lift of dismunls dumtg these epeclflc peak periods. cenaln cases, reassign buses to different category vrlil be an assessment o7 wfim measures nee hea shown that the Ihrie tlcksA inCenifves al tedaln rlhas dudng nanpeak The Tawn will produce a plan to reach such peripraphlcal areas, la~, antyltg areas. and provide can reduce retfartve an rental rata M prafarenGe far to reach peak viskation Oocdrs pBnods tq aNreL1 Front Rsnpa, valuafiAnscfous maxlnMaNart bekxa September 1, 1885. more frequent service ro such auras. van erxi bus servke; whet measures are waiting is aer 2a end December 31. In tlBSlliatlan vlsMOry arM r~ .,. ~:., Owners. 3. In iha avant Ihai 19,800 SADT is exceeded 1, Work with local businesses to implement fecinlale empbyea use of buses and carp00ling; sn avarepe CrrUh use? vIBRaNtrt 3. Working with Iha community at large to at any one Ikea during iha Christmas Peak, the comparable measures an a voltmtarybasis. and howto Improve mass transit sentraea. aidents'Weekendandpneane BrloottrepBMteJoht&tsnctyendhostlgofapeciet AssessmanlCommineawlllmeeElmmedfstelyio g.WatrwNhVAandEagleCountytoincreasa 5. kotel resarvaflon antl occupancy n Iha Third week of February eTrents. easasa Me sttuelbn as set Forth In Section W.B. rellance upon vans snd oNeerpubAC transportation assessments. Mertt. 4. Working more Intensively with the below. to and from iha Eapla County snd Denver S. Cuslamer•based survey research to 'aakandHkllUaePartpda.As AvmrgeavgrCreoftRgsortASaodetion('ABCRIC}, B, ~lnr K• a~(iHrrnal Chr]~RS Peak Inlarnallonal airports and wRhln TOV while measureservbeisselr@IkTgs. otter, the number o} L1oRS Mead Mamhnms AesOClel(on ('LAfMA•}, Yafl . M the event that SADT ancourapinq redutad rellance upon rental care. To 7. Reduced parking teas (as referenced in r (•SADT') has bean a pope VaNeyToudsm and Carnertlbn Bureau ('VVECB'}, exceeds 10,906 for mars than two days durng this end, TDV will develop a rximpnahensNe plan IL&2) as en €nducemenl io skiers awing nonpeak iglnp Tshen canyltp capacky is end Dinar aeaocledone to increase nonpgek Ins Decamber28.31 peak padad kt a given year In wNh VA by no Later Ihan September 1, 1995, perkxfs; full retail padrhg fees as an indutamenl to vbiatbn. spRe o1 iha manepemgnl measures liaise kt Tier t lxtudk+g., ,. ,:: Tundrg ntechanisma. The plan use buses snd vans dudrtQpeakperbds. bas kepi excellent retards 5~ TOV and VA wkl Jolnlly appoint a above, VA will add the lalbwinp management witlberev{awgdenrtupdatedsveryoNiarysac 8. Asaesamenl of eher parties' (resort s h the pest and now can tretN broad-beaetl oommiRMty task kxce Try Jtata 1,1995 p r a g r a m s d u r l n g the next 3, In Mrs event scat 19,900 SAOT to exmeded asaocletfons. chamber dF cmvnarcg, kxlge owners) reialkrelY Instamanawa hoists to egriore eddRlanal medlanlams to tseaer Welza D: ~, ~ :, 2&-.:.: ' ; 31 Season: ei any vna Ilme during the High Season. Cite assistance ro Lncreashg nonpeek visNallon. :odhtq cyatem), SHOT 19 a exlatltp reaaurcea duMtp the nanpeak periods end t, AdJuslmeMS tb NR ticker prices to celled Assessment CommNfae will meal lmmadlateiy to g. Nonpeak madretkrg eilorta, both netbnagy rekeble ktdkator. TOV end VA tp reevrttmend a pkln o! atrial, Tha goal of iha kiN relativalue. assess Mte eNuatfolt, as set Iv+th In Sedkm Vi.B, and Intemalionally, and VA's incenFlvea for r0T will not always called task force la tp Beek oW weyd Fo Opardirlela avenls 2. Spacial Or muNi4ay iblcellnp requbaments 4910TV. 1{rat-Fima daslktatktn skiers. grid Mrus pccasbnaly mustbe antl prlcltp whh the business oommunfly, YVTCB within the gukfelinea pf U.S. Forest Service g- ~(nr u• r~(Illonal Hiah Season 10. lodge owners' npnpesk promotional akwranl (ettgre. For ermmpte, H era MTS Ve9 VaAey FaandaNon 1o enhance ridFpesli repvletipns. hCenlWes. A woad mempbnahp event, a perod vlsnatbn. Thh teak Ttx'ta, made up of Four 3. Stagger permitted aklhg hours for a portkxr 1. 1n the event that SADT during this 1 t. Impacts generally to the Town and Vag r were to occur during the axnmurtlry residertls end buakiesa ixaiTer$ and ale of aklere through IIR ticket options (8.g.. 8 a.m. - 3 high seeatm a=veetla 19,980 mvro Man two Mountain from increasetl average deny Wsiteibn impada tottte Town might!>e members of Me Assessment Commlttea, p.m. or 9 a.m. • 4 p.m.}once the Haw technobgles t{urea despke knpbmentatlan of iha measures resuftlnpirom Category III antl other fedora, of Ilphi sNler use on the relerenrxad in Seclbn VLB., will meet a! least }our of bar caiinp and arannMg devbes am b place to listed in Tier I above, VA wNl Implement the B. A Committee (Ihg 'Assessment ratty, N visitors, raeidenro, Ihnas a year. keepon-moudarn sklsrsbeknv 18,900. iplbwBtp messrues dudng the talbwitg ttiph season Committee'), comprised of two rapresentarives of Ay ovetars do not terpaal Or 4. To meet raquliemeni6 liaise in Tier II, ~qd; TOV and Iwo representatives of VA wit! mac! ,trSitic-associatgdprobiams III. CnntrollFnn Jha Chrls)mas ancovregasklers,partbularlythosesraylnpor a, Reducespeclilamarkelingcampelgnata partOdlcfllty(1.Q.,everylwomonthsdudngtheskl ro Of rdatMely Nghl amapBrtey ~. - ~,,,~2t3-,}OQf+nmbar 311 Peak Paled. realdfng down valley, to utilize VA }acNNles ai sepia exceeding 79,900 SAOi during iha parlpd. season) and on an ad hoc balls (fl.y., when a or numbers of sWera on the TOV and VA wIN implement a cedes o1 Beaver Creek gaChebr Gubh,andArrowhead. The success of this effan will he monitored and significant event aocurs such as i9,900 SAOT aanely[icalllmdeikxts needle manapamanl aHartslodeafmoreoomprehenslvety C, Her lu. II the measures listed In Tfar II assessed through the monitoring program In being exceeded} to assess the suttees of the i7 fs slid the Oast and easiest wan iha hlslorle peak periods during Chrislmss above {t•4) s1lR resufl In 18,960 SA07 4eing Seclbn VI below. overall program. A represeniauve of 8Te Forest to Town end Mounlaln are vamllal (December 28.31}. This 1Wa-day pgdod exceeded that Chdslmas season, then iha Forest b. Adjust prlcktg of lift Nakais io rellact lull Service wiA loMl ma delberations of the Assessment q Meslci season. has the greatest chance of exceeding t9,9r7d Service, M tonlundbn with VA end TOV, will meal retaN value andlor IImR seNing W discounted Yin Canmigee when issues are raised Involving SAOT Di as s Benchmark at SAOTunlesapeakmanaQemenlmeasuresare es soon as practicable and Implemen! ins Ifdrets.ThemonkodrrpendessessmeniproQrsmh exceading19,900.iheASSessmenlCOmmflteewill 1, the figure o7 19,906 SHOT inatilulad. ('Yhe pontes do racopnizs that on 'managed to' program set forth Irt VA's 1988 Sedfon VI below will creek iha auccass of ibis evaWata the adequacy of the mmnoring program; ~ be a vaNd benchmark o1 occasion there can lie retalWery low Wanaibn days Special Use PemtN. In essancg, this process wiM grypn, ins results a the nonpeak program (Section IlJ; ring the winter season. Tito dudng the Chdalmaa season due 7a a variety Of require VA, iOV. and the Forest 3enrlae lp review a ReslrlCt some or cvmbinatlOns of ski and iha reruns v! the Chrislmss (Secllan III) and iafyzed and eotepled by the lnetora.} the opere[lanel status of faallnles and servroas, a,e pgsaee otempbyeea, studems, merchant passes, Htgh Season (Section !V) peak mansgamenl Through the Dapanmanl of These growth management measures wli health, safety, and welfare of guests, antl Other pMJ(~,piggtlp -; ; ~ j- ~, durFTgiltehlgh season ar. praprems. Tha Assessment Committee will make IstASegrrarrllywa3 auppvded follow, ea niioessary, under a sodas o1 sequential terrors sa that iha Forest Servba can detarmine ghematFre4y, restrkt iha hours and the btafians lrecommandatlons to TOV, VA, and the Forest Forest Service and TOV. At fora, whatnot further ticket sales may proceed. VA, thatstrdtpassascanbeasedtludrtghlphseesan. Service shoo adJpstmems or Improvements 1ha1 79,900 SHOT, iha Town is A ~~, TOV, and the Forest Sarvlca will also evaluate d. StepQerpamtNledsklkrghours}oraportlon mUklslrengihenMredMiererrlmmpOneniSOfthese tnicelarty with respect io ry+ 1.5feAktp fmmedialay, VA wIN knpiemaN the whether any paNem Is emarghrg m skier WsNatian gtet"rouldreaukh(requant:...~.:~..cesof19,90D of skiers through lift ticket options (@.p.. 8 e.m. - 3 p }ancelhenewtachnalogies -4p m m m or9s progrema. The Assessment CommNlae wFll be wnsurted by the Forest Servks as part of lh0 9• IcParbds Sv L(,gg °i-s~u`it fallowing proprems during the C :.: ~ : r 28•Decamber 31 period regardless of SADT nacesaltating further evetuallon of , , . . . . p( bgr vpding antl segnning dgvipgs aro In place m Forest Setviee's'manapa to' program agt form to pediva Of TOV and YA, n W , ~ yet ksamlah b atcapadry. communhy Impada and potenllsl ed(ustment al keep on-moumeln aktere below 79,900. 7hls the f996 Spector Use Permll and Declsbn Naica. ommunNy make Mona to ndJusf spaclllc merkelinp e. AB burrentiy peekmanagemenlmgasUq IechnlquawillbeaocompsnlsdbyTpV'srlporous ) pro p ae wil lastly, Tha Aaeassment CommNl 1 a below M18 19.800 SAOT , M avalda,,.:: a f7003ADT durYtp 18 11 during Ifne idbwin Chrlslmas peak perod, menegemeM of pubNc perking structures to l ~ general adWce 7o TOV and YA r rain we kt smenl a peak management „ , the pBrbd. 'file aucagee of this effort will be 78,900 SADT has not been exceeded, Ihan VA wiA maxlmlza the number of spaces avegade for Vai's whkh Mrs cammunfry can maintain and preservo fB tNulty tanlrols such parlotls rvvidinq the raqulaite mmNored and assessed MrouQh the monitarfip return to Ihg Tier I management meeaurea antl forego the treed to use Tlar 11 measures. yhhpra, perticuWdy Mnose rasfding e. Enopurege skiers posnlon as a premier resort. C. Assessmem Costs. TOY and VA ogres t0 Hors !o vlsN Vell durlnp the Pre9~n kt ~~ VI bey,, b, qs vurrenl , IknR a manapa promallmel , down vaiay, ro utilize vA lecAitles at Beaver Creek, lama, upon mutual agreement, the work D! the acrd VA ere fiereby enierktp tkkellnp kTCendve9 to evokl exceedktp 19,900 gAOT durlnp the perod. The montorinp and IV, lxuroN p)jy~Sea@giVtsitalion' VA and TOV will implement a series of ` ggprydprQ~•grtdAriuwfread• f. Provide bus passes to appropriate VA Aasgssmgnt Commlioe as mentioned in Sacdon Vi.A. above on s 50750 basis for the en! whk:h will Wemily iha easessmentprapram InSactlarrW heknvwNliradt high management snorts to deaf with historic ' ' gmployaes for the regional Transit syslam and duralbrtaUnlsegreament, ties oT Bath to ensure that gig etrttesa pf Mtla eHat use. Nigh season includes Presidents saeetn gntppmge the use of the free TOV bus sy5lem, is wlihln iha Ilmlu of the . c. Aa currently, restrict Skl passes of W~rardertdweakendaexlendlnpfromthethlyd weekend In February through IhB end of March g.•y~uragsempklyeacarpooEingbyprovitling he ce sa dl l Ml N kh WI. [~ilcatFana in gook MaRanement 9 ~4 aommunRy. win allow TOV and VA to ernpfoyees, Nudenle, msrchenf passes, and CahtadoCBadtobaaduelpthepa,kxi . klstork;ally,thase perlodshaveexpedenoed greater ves w n ne ry. s ros s 9 htceni esor Par 2- In the event Ihet SADT tlurinp Ihls high g[ A. TOV end VA reoogniza That the threshold ' management program. In d. Ae currenll , y provlda bus passes to than average skier vlsllaNOn, although at levels season exceeds 18,900 more Ihan two Mmes mtita of 19,900 SADT as wen as Iha perceived I sgreeto.~.._,...,.andtoihe apprvpdalaVAamplayeesbrtheragbnallransN 9aneraMyttelpwMtossatheChristmaspeak. despneimplamenlalbnollhameesuresNStedtn 3imHs t0 carrying capacity, particularly traffic, chat iha agreement pe system and encourage the use o[ the free TOV 7harefore, YA aad 70Y wilt Nnplemant a tter I above. TOV will Impomant the following parking, and as•mountein htgress and egress, can s spacial use gamin (ea bueaystem. series of measures sal foth In Tlersl-III kt This measureedurligiheidbwhghlghseasanperlod: be altered by a variety o1 Important factors. r) with the United Slates g ~~.~~~~b1, Ord seclfon b achieve the goofs o1 (f)maintaining a. ProvltlB bus passes la eppropri&le TOV flecfsiona to expand mass trertsN, improve parkirTg, parking Intenlivea end dielncenlivos when SADT levels during the high Season at or below employees for Iha regional transll syslam and improve roadways and kttarsedions, change basic r Ad~uatine Ihg Peak rTacessary. 19,900 and (2}ensuring iha best ppssixa qua0ry of encourage iha use of the tree TOV bus system. land asepeNems, improvedfedtnologdas that aNow M knportant CarrtPvrTent of f. TOV and Vq will adiveiy puraua perk end se^dc°s k, maTavn during these perlotls. b. Ertcouregeentpkryee cerpocling by provkfmg bailor distrlbuNOn of skiers (9.-g.-, her coding, Went Agreement Is a sting system outlined In ridesleslorlhehempktyeesandempk>yeesathe rxxnmunny far the Chdslmse Peak. As pen of this A~7Jat.(• I, VA will Implement the following measures parlclrgk7cenlivssadhlncerRWasw!>ertnacessary. C. I(@til6 If implameMatbn of IhB above scanningtlavipes),aahsrmeasmesmayhavea paslitve eHact o1 bailer manaQing growth end fetermine how welt peak eHod, TOY and VA will devaop Cooperellve durlnp Ma high season, regardless al whether meeaurea rislad In liar N still result in 19,800 ., _ . fiance, allow art oppoAUnily to reevaluate the -.... ,Micheomponentsoliha reiotbrrahpewNhpublbla•4~1SCrraala)andpdyata cepedlybbelnp:.. _ ___ .: ~: . -- _ ,... SAOThalneaxcaa,:a.'+s:arhu.r.e....,...., - ~~~ Nail CrxnmunNy Development Dapertmem before nWing permits era released for Bidrer project. 4. The contli7ions for Area A in Saclions 6.46.020 B, f 8.46.180 A. 1-7, 18.Afi.200 A • F, I, 16.46.210 C, 1-3, and 16.46.220 shell t,e set Hitt in restflcuve covanenls subject [o the pproval of the 7pwn Attorney and once sn pprovad shad be recordetl on the land records of a91a County. Tha developer shall he responsible v submNEing the wriQen candhions to lira 7orm homey far approval before a building permit is rquastetl for the CornBrslOne, Or MilkaCe III, or liltreca IV, Westheven Condominlums, or lalecord buildings, a Cascade Club Addition. 5. Weslhavan Drive The Town acknovrletlges that it has been paid is sum o1 $97,500.001rom other sources to ba ;ed bythe Town for me repair and reconstruction I Weslhavan Drive. The Town 7urther drnowledges that iha fNle o1 Weslhavan Drive has aen translsuad to the Town, The date for the ~rrvnancament of the regale antl recaastruCtion of he riphlw!•way improvements shall be enlfrely at he discratfon of Iho Town. Should me Town not agates me entire em0unt of the $97,500.110 tar the agate and the recansteuctlon of Weslhavan D+Ive, ae Town will forward any amount remaining attar ill construction re4nted costa have bean paid h Full e the patties originaky contdbuling the 397,500.00 uhp shall refund such amouru pro•reta to Iho antes aighaty rgmdbNirggta 397,500.00. 8. Mikmce IV, Scenario F, a. The tleveloper shell obteln en easement tom the owners of the property adjacent fo ihe~ eastern boundary of Iho property cbmmony called he Cosgnff Parcel, which is more speClflcaily Ieiined in Exhib4 A, attached to this ordinance and ncorporatetl herein by reference. The easements ',hall be sufiicienl fp parmil the consbuction, nelntenance sect replacamenl of retelnhg waAs for he purposes o1 gratling end boulder raleMion al! along die weslem property tine o} said adjacent lrperty. The easement shall be In a form tcoeplable to the Town Atomey, shall run with me and, and shall he recorded ore me land recortls of =Agb Gouny prior to Design Risvlaw 8oartl review. b. Tha developer shell provldethe Commtmify )evelopmanl Department of the Town with wrNten :onsant from iha Upper Eagle ValFey Water and >anliaiion District permitting me encroachment of :ertain decks specified in the devekrpmanl den for fta Millrace IV condominiums, as set form In 3actiar 18A8. i40{Iel of this ordinance into melt Barer Basement recordetl kt Book 217, Page 426 the latxf records of Eagle County. Tfils uronsent aH be autlmllled goer ro Design Review Board view. c. The develpper shall recsfve final approver o} a site grading plan to the oonstruction of Millrace , Scanade 1, from the Town Englnear print to ign Ravlaw Board review. d, Tha MiNmce Condominium Map, r0mrded at ook 326, page 257, d the land recatls of Eagle ounty shall DB amandetl so Ihat the access cement shown Iheraon shah align with the want baatlon of the roadway an the weslem nearly line of the GosgriH Parcel, antl the nendmen[ shalt be recprdetl rn the tenet reCprds Eagle Count'. e. The davalopsr shat! install 15 (6'-to't' argreens south of the South Frontage Aoad t la me Gascade crab Duikling, and 5 (6'•10'} ergseens to ma south of Ihs Weslhavan arunent foundatknls and nosh of Weamaven ave. The developer shall obteln the wrlilan vat of iha Cobredo Department o! Highways OHt permlHing the instellalbn of those trees ng the South Frontage Road prior to said taltation. If CDOH approval cannot tx; obiehed, n s minimum o! 10 (6'•10') evergreens snail be alletl adjacent to the Weslhavan Apartmentl. L The developer shalt apply for and canpiete minor aubdivison process for Ihs Cosgriil el and a subdivision plat signed by me town of shall be recorded on Ihs land records of Eegla my prior to iha reease o1 any building psnnNs the construction of any structure on iha riN Parsec. g. Landscaping along Tha south and west ie+ay tines o1 iha Cosgriil Parcel shall be wed try iha Design Review Board to insure a ble buffer area between it end Ihs other roes along said property Iv7eS. .The Design Review Beard shalt review Ihs iteclure and landscape plan further ibr atibiNly wim me surrounding area. . The developer and me atljacsnl property rs shall submg a larrdscapa plan for the area or the GosgriN property to the Design Review for review. For purposes of cafculating Gross fenlial Floor Area p~rmkied on Ihs Cp5grill no credits of any kind (overlapping stabs, artiest, alc.t, except for 990 sq. tt. to be for each encrosed parking space. shall be f~@1[1f1151RS8 . Betore the tauikkng parmil is released for the t, Tha developer shall permanently resfrlct employee housing units ka acoordance with 18.46.220 of This ordinance, Tha landscape plan set forth In the pmeni plan tot Cornerstone between iha o Wing and Cornerstone building shah be prior to the review of iha project by the i the Idlowing ways: For emergency services, an access Tana provitled tram the weslem courtyard tome deemed necessary by the devaklper and munky Develpment Department stall, the relate on ma landscape gran may be 1 or revised. The fandscaphg In this area part of me Comerstone deto..,r...,~..r, antl, 'a, f! is Ihs Cornerstone devebper's ibilily to cpmplelB this portion of tits project iha release of a fine! Canificete of ncy for the project. These plans shall ba I in Tha buiksng penttit far the Gomeralona Went. ;. After the Town of Vall has title to van Drive, it shall Canvey title to the ar for iha area of Weslhavan Drive under iarkkrg is located for the Cornerstone Thd amended minor aubdivislon plat shall mhed by the devekaper bBfaa a building s re7easad fa iha Comerstoroe site. The sr shall dedicate an access easement b ma er Ibis portion at Westheven Drava. . All fireplaces shak ba gas appltantss t to Section 8.26 of die Vail Municipal Those spaces elbcated to commercial s short term public parking shah ba nliy reslr[Ctad for the use of me project. AN required padsirg essoClatad +ses shah not be vorsvayed, used or leased ly from the uses. Aubllc parking on the rt Drive level of the Comerstone project ede availahfe to the public 1a short term 5ecti-18.48.220 of Nr[s oMsuutoe. b. A mina subdrvrisfott plat shall ire completed and recorded prior to the release of any building permits for eimer Ihs Cornerstone or Waterford devaktprrtents. c. The recreation path shall be rabCaletl as set forth on the devakrpment plan and shall be amanaed on the minor subtllvision pia3 far the Waterford end Cornerstone loss to oorresporxf to the new kma!lan. d. The DAB will review the landscaping to the areas of the retaining woks on lhN west artd east ands pf iha site. The DRB will ravlaw Iho nodh elevations archNeuYUral details. Tire appticenl shall review the posaibkiry of elimheting the skier access on Iho east end of the protect. However, it the epplleant can slgnilioardy tlxreeae the retaining walls necessary to build Ina 9CPPxs fnw sjggL e. All ikeplacas shall be gas logs permitted pursuam to Sacticn 8.28 bf the Vail Munkipel Code. B. "the RWna r Werlfraven CorxWmin(ums a. All ConslruClion shell conform ip Iho devatopmenl presented to iha Planning and Eavkonmental Commission an February 27, 1985. end to iha drawings klsnfrfted 7n 5eabn 10.48,140 {devekrprnenl plane) rurmtwrs 4535. b. Priur to the issuance of a bulklkrg parmN, the appticanl shall sign Typa ill ENU Daed restrk1lons for the 16 employee housing units. The dead restdcHaas snag be modified to 8pg1811oor area requlramdms la ba less oleo 489 sq. tt. and shall be motliked to di~lmaet kWivrdual asnershlp. rf Ora Tawn of Vail Housing Aulhodly hcreasas ks staffing and role regarding the IndiWduaf sale ai dwelling units, the units maybe Sold seperatey. Until That time Iho units shall beheld under one ownership, if in the future, when a system is established to monitor the purchase of employee housing unhs sold separatey, the deed restrcted empicyee housing units may b0 sold separaiey for owner occupied use only, N kr conformance wim Such ragulatWns that are in eNecl al that time. C. Prior to issuance IN the bukding permN, civil engineering plans for road improvements must be reviewed and approved by the Town o1 VaH Engineer. Apatl impro+remeMS shah include curb and gutter from ma eastern edge of the bike path to the weslem edge of iha curb cut servicing mla praparry. tl. Prior to iha issuance of a 4ukdhg permit, iha applicant shalt dedk7ate an easemanl for iha bike path that crosses mis property. e. Prior Io an Issuance a1 a tomporary carlNlcele o! occupancy (TGCt iha applicant shah regrade and revegelete iha berm adjacent to lhls silo, ht iha Cobmdo Deparment at Transportation (CDOT1 ripht•oFway, so That Ns northern sWpa does net axkoeed 2:1. Prlar to Che issuance or e TCO, the epplrcant shell remove iha two uliNty poles in the CAOT right-ol-way antl shall bury the utility line tq iha third utility pole wall of Ibis pr~dY~ 1. iha appllCent shall pay fa 50°6 of iha cast of constructing a sidewalk connecting the Weathaven Hotel end the Weslhavan Cordanhikans. g. Tha entire bullding, including iha garage, must he sprhkled. D. Area D, Glen Lyon Commercial Saa. 1. The developer shall agree to cansrruct d hue tans per Town of veil standards in iha area of the ,.v,.o ....,;sera o1 the Micro•hrewery In Area D. The specltlc location for IDs bus lane shah be mutually agreed to by the Area A owrdar and/or developer, Coloreds Divtsfon of Highways, and Town of Vail. The two lane shelf be constnrcted slrbsequeM to the issuance of a bukdhg petmk and ptbr to the fssUanca of a temporary CerilFiCale o1 occupancy for eimer iha brewery additlOn, office expansion axcfutling Phase IA, east plfice bulkNng, or parking slruotura. The developer endiorowners of area D shall I>e esponsible for maintaining the now bus tans, Including snow removal, If the lane is Hal main[afnetl property or SrtOW fBmovaf i5 not adequate, me Tovm wIN not provFds bus service to the site. 2. Tha developer shah re1oCa1B the Bxisling bike gam on Area D and prpv}de a new trike path easement aatoss the Glen Lyon property aRii CDCH propBrty par iha devaklpmem plan for Area D. The bike path shall ba cOnsiruClad per Town of Vail standards. The bike gam shall be construMed aubSequent to Ihs issuance rN a bullding permit antl prior to the issuance of s temporary cediffcate of occupancy for either the brewery 8dtlhkxl, oHICa expansion excluding Phase IA, east office building, or parking structure. Such lemparery cecitfcale of oCOUpanciea shat! ba conditional upon conatructfon of the bike path provided br herein. The 4&e gam easemanr shah be rapfatted and approval obiainetl from the Town Council prior to Ihs issuance of a temporary certfticala of occupancy tot either iha Brewery eddilion, bNica expenslan excluding Phase IA, east ofkrs bullding a pa,khg structure. 3. The developer shall underground iha eleelrical utilities along iha north side of me Glen Lyon properly from the northwest corner of the property to the northeast corner of Ihs property. This utikly work shah be constructed subsequent to the issuance of a building permit and prior to iha Issuance of a temporary cOnNicete of occupancy for either the Srewrery addition, office expansion, exdutling Phase fA east oNks building a parking structure. 4. The davetoper shall be responsible for +eiacating the 20 foot ulilily easement on the weslem portion of Development Area D as wek as obtaining approval tram Ihs Town o! Vail for Iho relocated ulliiry~asement beWrea building perm4 is released fa the micro-brewery addilbn. 5. Tha tlevefoper of the Glan Lyon Office property shall not file any remonstrance or protest against Ma fonnatron of a local imgrovament district of other financing mechanism approver( by me Veil Tawn Caunctl wtuch may ba established for me purpose of building road improvements ter me South Frontage Axed. t>. The developer shall provide a Piro hydrant per Torm o1 Vail Fire DBparlmenr r0qulrements on the northwest ponipn of the propedy. The specifk location for the Hra hydrant shah be approvetl by the Vaii Fire Department. Tiro Nre hydrant shah be provided stalsega0nl to the issuance of a building parmil and prior to me issuanb0 01 a temporary certificate of occupancy for Ihs brewery addillan, affica expansion excluding Phase IA, east ofNCa buiWulg, or packing strutxure. 7. Tha Developer shall cansrruct a tlacelaratian lane along Soum Frontage Aoad per Ihs CAOH access permit, Tho developer shell submit plans for the Sauih Frontage Roatl improvements to the Town of Vall Engineer tOr rewew and approval balore a bullding permit is rel0esetl for eNher Phase I excluding PhasO lA, u, a III Can5lruclbn. 8. Tha conditions for Area D In Secbans 10.48.100 A, 18.46.200 A, B, F • K, 10.48.210 D, i•7, and 18.4&220 shah be eel fodh m realriclive covanenls subject to the approval of the Town rng permit shall be Issued for the Micro•brewery, office expenswn excluding Phase IA, east office 4uktlhg, or parking alruclure. 9. Tha minor subdivision for Area D shell be devekoped per Nre fdlowirg coridNidu: a. The devetopmem of parcels A, B, C, and D, shah be limited tome SDD No. 4 deveWpmant plan and governed by me SAD No. 4 ordinance es epprovetl Dy iha Town of Vail end an rile watt the DepagmeM of Community Davelopmani or as amended end approved by the Community Development Oupartmenl, Planning and Environmental Cammissbn, andtot the Vall Town b. "iha minor subtlivlsbn plat shall Include a sretemant Ehat deYBlopmen7 of the tour parcels snarl be governetl bl+ the approved SOb 4 devalapment plan for area D and governing ordinances. c. The Community Development Department antl Towrt of Vail Attorney shell have the fight la review and require changes in any'Agreemenls of Tenants in Gwnmon', 'Conveyance of Easement antl Party wall Agreements', and arty other easement pr ownership agreBmanls related to the davebpment of percale A, B, C, and D b ensure ihaE the four parcels era tlevaloped par Iho approved development plan in SDD No. 4 Ordinarre. d. The developer shwa be responsible for replalting eha 24 fool utility eesemant on the weslem portion of devalopmenl Area D es well as obtaining approval from the Tpwn of VaN tot iha new utility easerrrent before ma minor subdivision plat is ro....,.:o.:. Any modilicalians or amendments ie me minor subdWislpn caldNbns of approval' agreement shall be re+4ewed as a mefor amandmanl under the procetlues outtinBd In Section 18.44 of ma Town of Vail Zoning Cade. e. The condiions for me minor su4divLsbn In Section 18.46.210 (D9) A, B, C, end E, shall be set torth In restrfc{Ive covenants subject to the approval of the Town Attorney end onto so epprovBd shalt be recorded on the land records of Eagle Ccunly. Toe tlevalopar shak be responslhla tar submttting the wrkten conditions m iha Town Aitomey before the mvwr aubdlvisbn is recorded an the land records of Eagle County. t0. The antlte Glen Lyon Office Building antl Brewery Bukding sheN be sprMclered and have a lira alarm delecti0n system. Town of V811 Fire Departmem approval of me sprinkler amt fire alarm systam9 ahaN be requked 6aiore a bufidkrg pemlk is released for Phase 1 Bxcludktg Phase lA a II. 11. The davsbpBr, shall submit a set pi amended plane to the Coloreds Division of Highways for review and approval. Tire improvements on CDOH property proposed by iha developer must receive CDOH approval before phase t, excludtog tA, Fi, end III era presented to iha Town of Vair Design Aavlew Board for float approval. 12. The east bullding Inclutling the two empbyae dwelNng units shah be omsiruated when the parking Structure Is twill to ensure [hat lira ampbyee ants are built 18.48220 EmdalmaJ The development of SDD No. d will have impacts on avaNable empfoyea hausing wifhln the Upper EagteVaNey area. In order to help meat mis atldaiorlal empbyse housil5g Head. the devebper(S} of Areas A and D shah provide ampbyea hauskrg on silo. The tlevafOper(a) of Area A shak build a mnimum of a/8 s+nployae drvelknp unNS w41th Area A Wesmav0n Condominium building, 3 within the Comarstorte BulWing and 2 wfthll the WalOdord Building. Each employee dwening unit In the Wostheven Condominium Bulltling shall be dead estrkted es a Typa tit EHU. Each employee urtN in lire Comerslorte Building shak have a minimum square fodage of 808 square feel. There shall b0 a total of 2 empbyae dwelling units in iha Wafadord Building. Cna Shall ba a minimum Of 300 Square feet and iha other a minlmum of 800 square f0ei. The tleveloper of Area D shelf bulW 2 ernployBe tlwalNng unks h the Area D east building per the a ............: plan forme East Building. h Aron D one employee dwaling unh shak have a mkivnrtm GRFA of 795 square feat and the second employee dw011kag unN shall have a minimum GRFA a 9011 square feet. fie GRFA end number of empbyee units shah nor be coumad toward allowa4fe density or GRFA for SDD No, 4. All F~+rpbyae Housing Units shell be deed restricted par liecilon 18.57, as amended, of iha Veil Municipal Coda prier to issuance of building permits far the respec7lva Protect. 18.46.230'~la~ f;~yttlf9a1gA1H SDD No. 4 shall be governed by too procedures outlined in Section 18.40.120 of the Town of Vak Munbipal Code. It any parr, section, subsaodon, semertce, Hausa or phrase of mis ordyrancOlx for any reason paid to ba InvaNtl, such daGlslOn shah na effect me velrairy of ms remaining portions o1 mis ordinance; and ma Tawn CowacN hereby declares N would have passed this odinance, and Bach part, Section, subsecllon, sanfence, clause or phrase mereof, regardless o1 the fact that any one ar more pans, sectWns, subsections, sentences, clauses or phreses be decfered invalitl. The repeal or the repeat and re•enac3rnenl of any provisbns of the VaN Municipal Code as provided In this ordinance shall not affect any right which has atx;nred, any dory imposed, any viotatlon Thal oocwred prior to me ettegive data hereof, any prosecution irortlmenced, nor any ether aclbn or proceeding as Commenced under a lay virtue of Ihs provision repealed or repealed antl reenacted. Tho repeal of any prpvfslan hereby shall oat revive any provision or any ordinance praWOUSy repealed or superseded unless expessy stated herein. ll~. All bylaws, orders, resolutions and ortlitanoas, or parts thereof, InCOnsislanl herewith era hereby repealed to the extant onry at such Inconsistency. The repealer shah not be consuuad to revise any bylaw, order, resolution or ordinance, rr pad thereof, heratohxe repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHEp ONCE IN FULL ON FIRST READING this 4th day of April, 1995, and a public headng shah be held an mfs Ohlinenca an the 18th day of AprN, 1995, at 7:30 P.M. h the CouncN Chambers of the Vail Municipal BuiWhg, Vail, (,deeds. TowN of YAIL Margaret A. OStedoss fdayot ATTEST: ' 11dyL.McCulchecn Town Clerk EKHIBR 'A' KOELBEL PROPERTY DEYELOPMEl1~ AREA A Vail • AOSa • 12.370 fades A pari el Nre $W 7!4 NE 114 of Sectlan 12, L' qu er comer of said Section baste Narg7 0 degrees 15' Edsl 2289,40 feel; menee North 0 degrees f 5' Eest, along sold Well Llne, 152.38 feel to a poht on me Soulhsesledy fight of way tine of U.S. Nlghway No. 8; thence, abng said 5oumesste,y right al way Nna, as IoNav+s: North 52 degrees 27' East, 102.31 leaf; North d9 degrees ?A' Eesl, 519.57 feel; and North 48 degrees 13' East, 549.091ae1, mare or foss, to a point on the Nodh sine of seW SW 114 NE 1/4; Ihenca Nodh 68 degrees 33' East, &lartg the North the of seW SW 114 NE, 385 teal, mare a lase, to a pohl on Iho centerline of Gora Creak; Ihenca, sloop the crrnterdk7a of Gure Croak da fokowa: South 38 degrees d9' West, 701.04 feet; South 58 tlegrees 21' West, 54.00 feel; Soum 1 degree 2d' WeaL 245.02 feeh, South 12 depress 1D' Wasl, 110.25 feet; end South 28 degrees at' Wesl, 242.35 test, menCe South 75 degrees 15' West, 7084.10 feat to lire point of beghnhp. Rose Ptlreel • 3.190 antes A freer of land skualad in the SW 1!4 NE 114 01 Section 12, Township 5 South, Range Bl Weal of the 6th P.M., ying Southerly of that certain ttect of land described in Hook 199, Paga 197, Northerly end Waslerty of the csMarllna o1 Gore Creak, and tying Notiherty and Easlary of Grose certain LreMS described In Book 211 al Page 108, Book 211 a1 Page 1r?8 and Book 215 al Pega SBS, descritred as follows: Beginning al a point an me North-Spam centerline of Said Section 12 vfienCa me Nodh quarter comer of saW Ssclbn 12 bears N 00 dagregs 55' Eael 2289.-00 seal; Ihenca N 75 degrees }5' E. 348.28 feel to iha true polnl of beginning, said point being on me Soum the of Nat IraCt desaibad h Back 199, Page 197 and whkyt bears 508 degrees 28' E 220.5.34 feet Iran the Nodh quarter tooter of saW Secllorr f2; manta N 75 tlegrees 15' E 717.Dd feat abng the SaAhery line of that Iract dBecrihad in Book 199, Page 197 to the center of Gae Creek; Thence $ 2B degrees 41' W 130.67 lest abng the Cenladfne of said Creek; Ihenca S rr5 degrees 24'30' E. 104.50 feet along the Cantedhe of saki Creak; Ihenca 5 49 degrees 29' W 95.50 feel abng Ne canlerkne of saW Creak; Ihenca S 22 degrees 34' W. 12A.47 teal along gee Centarkna of Bald Creak; manta S. 54 ~.,,, «z 00' W. 119.x4 feet abng the centedhe of said Creak; to die Southeast corner ai Ihat cedaln tract o1 land described h Book 211, Pape t48; Ihenca N. 33 degrees 18'34' W. 140.12 leaf slang the EaslBdy line of that tract desoribetl in Book 21 t at page tOB; Ihertre N. 57 degrees 42'30' W. 169.88 Iaaf abng iha Nodheaslery line of that tract described h Book 211 al Page 108; Ihenca N, BB degrees 02'30' W. 152.02 teal aWng iha f4onherty Ilne of moss bads desGit7ed In Book 27 t at Pepe 106, Book 211 at Page 148 to a poinh thence N. 92 tlapreas 57'30' W. 78.00 reel akx7g the Nodheastery Ilne of mat tract dsscrlbed fn Back 215 al page 385, to me point at baglklitp. All Nrel pari of the SW 114 NE 1!4 of Srlttton 12, lyhtp 5ouihery of Ihs carnet of Gore Creek as shown on the plat on kid kr Ihs oNlce of me Eagle County Glerk end Aeeorrier as Document No. 97489, described as folows: $aglnning al the Northeast comer of saki SW 1/4 NE 114; thence South 88 degrees 33' West 131.87 feel m a point ld iha cantor ci said Creek; thence South 40 degrees 09' Wast 94.04 test along iha center of said Crack; manna Soum i8 degrees 2/' WBai 5a.661ae1 along ma Ce+itar c1 saki Creak; thence South 1 degree 24' Was1 2(75,02 hI sloop me center of saitl Creek; dterlce South t2 .. ,, ...- try Wdsl ,10.25 reel eratp me canter of sold creak; thence Soum 28 degrees a1' vast 320.00 feel; lheru0 6oum 5 degrees 24'30' East, 170.40 feet along iha Center of Bald Creek; Ihenca South 27 tlegrees (10'02' Wes185.241t1Bt ehrrp theoenfer of Bald Creek; thence South 54 tlegrees fb' Wass 259.34 feat sloop the center of eaW Creak; thence South 85 degrees 34' West 509.82 feel sloop the renter of saki Creek: Ihenca South 89 degrees O4' West 18& 73 Feet akxtg me aeMer of sold Creek; manta Soum 85 depress 25' Was9 80.88 feel aratg Ors center of Sak1 Creek; thertca Norm 77 depress 38' Weal 28.176 fr9et along me center of SSW Creak; Ihenca North 50 degrees 92` West 199.14 foal along the center of Bald Creek; thence 3B depress 40' Wesl 239.09 feet along Ihs center pi Bald Creek; Ihenoe 78 degrees 35' West 89.91 feet along the canter of saki Creek; to a point on Tha Weatary Ihs of Bald SW 114 NE 774; thence Soum 0 degrees 15' Wesl 481.90 teal to the Center of saW Sacgon 12; thence Nodh tl9degrees 02' East 1382.65 tear along ma Soulhedy the of aeW SW 1!4 NE 114 b the Southeast oomerol saki SW N4 NE TIa; manta Norm 0 tlepreae O6' F~sl 1384.32 feet along me f:astedy line of said SW l/a NE 114 to the Norlheasl ctrrnar of saltl S1N 114 NE 114, the point 01 beg;mm~g, ANA the N W t!4 5E 1!4 of Sadbn 12, Township 5 South, Range B1 Wesl of the 6th P.M.; AND AN mat part at the SE 114 NW tl4 of $ecdat 12, Township 5 South, Range 81 West ai the 6th P.M„ lying Southerly of IhB Southerly right al way line of U.S. Highway No. 6, es shown on Ihs plat on file in Ehe aHice o1 !ha Eagle Count' Cbrk end fieoorUOr es Doatnreni No. 97488, desCrWed as follows; Beginning al The Southeast comer of said 5E tf4 NW tl4; Ntanca Spurn 89 tlegreas 02' WesE 836.95 lest slang the Soulhedy Ifne of sold SE tJ4 NW 1l4 to a point on iha Southerly right of way knd of sold highway; Ihenca North 52 degrees 35' Eesl 1057,07 feel along the Soulhedy fight of way tiers of Bald higtrway . to a point an the Easlady line o} said SE 114 f4Vy Flo; menCe Saum 0 degrees 15' Wasf 826.21 last song iha Baslery line of said SE 1!4 NW 114 [o the Southeast corner of Bald SE 1!4 NW 114, the poi7l of beginning; EXCEPT THE FDLLOWING: that earl tlescnTled in 8adk 100 at Paps 545; that pad described In Sook i9i at Page 241; that part described In Book 203 at Page 231; that pan described in $aok 243 et Page 531; met cedaln Island adtacera to the above-described property, and totaled h ins midtlle of Gare Creek, which me ponies intend to exclude from mis uansacllon; Count' Ot Eagle, Sate oS Colaracb. ALSO THE FDELOWING PARCEL FORMERLY KNOWN AS THE 'COSGRIFF PARCEL' ~ A Irecl of land situated h iha SW 114 NE 114 0l Sr+gfan 12, Township 5 Soum. Rarlpa 07 WBSI of the 8th P.M., ylnp Northwaslerly of me cenlerkrus of Gore Creak described a9 follows: Beginning at a point whrtnpe the Norm Quarter Comer of Bald Sector 12 bears N. 11 degrees 04' W. 2292.72 feat; manta S BO degrees rY1'30' E. 09.50 teal: thence S 34 degrees 42'30' E. 169.88 teat; thence S. 33 degrees 10'30' E. 140.12 feet to a point in the center o) Bald creak; manta S 85 degrees 34' W. 109.62 teal along iha cemadute o1 said Creek; thence S. 69 dagrdes 04' W. 8f1.7B teal along the panlerllne of said creek: thence N 23 depress 12'30' W. 317.34 feel fo the point of baglrxkng, Cantettktp 5.05 acres. more a kiss. ' ALSD DESCF71$ED Bephning al a point whence the North Quarter Comer c! saki Section 12 beers N. 11 tlagreea 03' W. 2292,72 feet; thence S 85 degrees 43'i a' E. 89.&1 teal; Ihenca S 37 .,`....25'30' E. 169.48 1991; menc0 S. 32 degrees 38'30" E. 111.47 feet tc 103:02 feel along the centertfns thence N. 23 degrees 24179' W. 37 poim of hegrnnfng. TDGETHi 6esemenl as described in Docu+ August 5, f96o in Book 308 at recorded In Book 307 al Page fk County rscorda. ALSO including ap rights appudenant to the above dust ktcludhg wahout limitation, WeN Per water fights decreed in CFriI Acira Eapla County Dstrict Coud, and ell water rights tlecread In Case No. Water Dtvlsiorr lVa. 5, (Gore No. l W Countyof Eapfe and State of rA A ban of (antl siluafed in the SW 1 SrNCibn 12, Township 5 South, Harr{; the 8m P.M., tlescribed as fotbws: B point on the Nodh•Soum certiedina a 72 whence the North 4uager Co Section 12 bears Nonh 00 degrees t! feel; thence North 75 degrees 15' teal; thence South 32 degrees Sr 30 [e6N thence Soudo 11 degrees 00'30" feat to a poim In me oenler of Gore Ci Notth 50 tlepr6es 32' Wasl 111,37 to cenledina of said crook; Ihenca Nodh 40' west 239.119 feet along the eemte creek; Ihenca SOU1h 78 degrees 3S' feat akkap the ceMedha of said croak t tlaB Narth•South centerline of said 1 Ilrence North 40 tlegrees 15' East 13.91 the Nodh•Soum centeche DI sakJ Sactk poht ai baphning. Total • 18-620 acres. GORE CREEK ASSOCIATES PROPERTY DEYELOPMFM AAEA5 8, C i 88700 acres All mat paA IN StrcOOn 12, Townshq Range Bt Wast of the 6m P.M., des folbws: All that Part of me N 114 NE t!a 12, ttdng Soumerty a the SotNtery dghl of U.S. Highway No. 8 and Norther Soulhedy Iho of said N 114 NE 114, as ~ me peel on Nre h the office of ma Eagl Clerk and Recorder as Document No described ea follows: Beginning et the survey monument at Ihs interseclia Cwbtdhary Nrte Of said highway and the Eel of sold N 114 NE 1l4, vArence iha Nortlrea of saki Betties 12 been NoM 0 degrees 831J65 taeh theme Soum 73 dagrea'~ West 1112, 531ee1 abng the Southerly rigr line of said hlghwey, Ihenca ti0u0t 74 deg West 125.10 feel slang We Southary tigh line pf sold hlgitway, mama Soum 69 dep~ west 100.00 real ataag the Southerly riplu line of saW hlghwey; thence South 55 tfepr West 100.001001 along ma Saumery the hlghweY. manta Soudr B2 degrees 15' West feat stoop me Saulhety right of way Pure hlphwaY. thence Baum 58 degrees Off Wasr feet sloop iha Soumery right of way line ~ hlgtiwar tlaarrca South 55 degrees t)6' West feel aran9 ma Soulhedy right of way line r highway, ttrerrce Sourlt sl degrees 32' weal feel atone th Southery tlptrt of way line c hlplrway, thetro0 SotM147 tftlprdes 5T West: feet sloop the Soumary rlpht of waY line o hlghwey to a point on the Sotditedy I'rre of a 1!4 NE 114; dhence Nam 1rB degrees 33 497.87 lest sloop me Soukhary line of said NE 1N to the teeter d Ihs NE i14 of saki & 12; thittta0 Norm 88 degrees 33' East 1370.3' elmg iha Sotherly the of said N 1!4 NE 1141 Soumaest comer of Bald N 114 NE 1l4; ih North 0 degrees Q3' West 760.95 feat store Easterly the of N 114 NE 1!4 1p its imer..eGior the Soufhety line of apW hlphway, the po :,,~ V a Publishetl h Tha VaN TratF on April 7, 1985 +' Public N #ic~e \ RESOLUTION NO. 4 Sar[q d 1995 A R OLIiTION APP~DVlN(i AND ~` ADOPTING THE TOWN OF YAILNAIL AsSDCixTI PRr7GHANA 70 MANAQE PEAK PERIDI WHEREAS, iha Town CouncN o1 me To Vak end Yall Associelea hpva enpepatl h (rank dtscusskxrs regarding grorrM issues wNh ToYwt and on ma moi.rneh; and WHEREAS, the Iwo organlzalWns worked together to eslaWiSh oomman prioritie ldenlily Issues Thal will contribuls to ma i managed success of Tha Wmmuniy; end WHEREAS, Ihs agreement identifies cd pdoritfea whkh mck+tle, but are not limiu lranspodalbn antl circwldllon, (rousing, open. preservation, coordinating long range o planning, antl management o1 peak and na skier p011ais; end WHEREAS, two of those common pct ere addressed by and through the projr noun;sin axparrslen known as Category III a' iraNlc clrcufelim plan known es me Roundel seed WHEREAS, the process al tliscussla plannyrg has resukedn en egreemera toproa manage grovctt issues Y7 our canmrxrNy, end WHEREAS, m0 results of this axle BHon are Idanliflad In a document er NOW. THEREFORE, ba k respNed t Town Camel! 01 Ore Town of YSY, Cobrado N 1. Tha Town GounciWeN Associaba Pn to Manage Peak Periods attached tc Aasalutbn as Exhibh A Is hereby approve ~~ 2. Category 11f wim regard to off-sHe h to the Town of Vail pas the backlog and sups the Twin CourtCil. 3. The Town o1 Vail hereby accepts apeclkc greOnbeN and slrr+em beets currenly V811 Asroclelas ownership Oral are to be can to iha Town of VaA for permanent open purposes and the leases for Ste properly on iha Pirala Ship Pack and IJOnshead Tot L preSemy totaled. -0. The Town Meneger end the Tovm all hereby aulhortaed to take eq actions nacesa knpfament iha Proprarrr Io Menage Peak Pars 5. This resdulbn shah lake erlekx imma+ upon Ns passeg0. INTRODUCED, READ, APPAOYED ADOPTED Ibis 4th tlay of Apol, 1895. TOWN OF Margaret A• Osh I ea a eve apfnanl p ens ar Bantling, a Colorado Partnership, The fdlowinp comprised of those plans submitted by documerNS oomprlse the development plan for the res, Lld. and other developers- Fhe 6110 as a whole, Waterford, Camerstone, Gascsde CHART ~ Cl1AHf 1: Arap A CompMna Prelan4a on. el,r c.~~ rw++ a.w .+•. r..na,ne,. •+~w aw I •-.~. l e..+.. ,ee I m,c.,ra.u i[Crarw•5 I PxrYr I r.... a,r ~ M a a I k•«M¢•« r,~..,~a,r,~u ,nr ou I •~., ..n ~z ue eau .a I r n.a„ I ~, m ,a r. N I ~....,o n roe , I v..,.oE a~ w. wwr, Ioa.wc I,..._~... m d ,ar -- « tae I rarak rrw ,.w ,uay ,rm n u.: CHART 2 aapPOSaoPandECia f,. W_ .~ ~..::.. ... ~..~ ~., ~o ...~ I:,.. wren a.,w I a.,,r u,r ,m ,m n .s,» n,,w s.,.r..a.a I r,r„~ur r +,eae r rarwa ox,¢orr,w I v.. ro u4a I kww«uw,r.n n Torur a.. w I ~• r.w„ k««w c..,., 4ree s..~«..,a.-~.., a - r mru,uu.,,p~- wn u ,«aa ,our rrw n. m CHART 4 _ .__..... _...~ 252.06 256,x37 ulna raCC¢] 1.23 }a, 60 ]8,772 ]tilt Parcel ]~pAS 1c.-re ~y~~~ . 17.415 260.40 261,121 hsvr:Larnr.'{T Enl TnEI n. CLEW rynH MMIEnEral. STTE suo { a, nose ,o acvsCOrneuT •QUnnc rroorr,es NID Pn1Uk1HC 1'Fn TOWN OF vrlfxL at0pll5>;l4LNTa PEa3lUMY 2a, 1570 Prla s[ Ia PMSa I, Ia 1 11 PIIhSE 2,]n, 7I nrre III orvr.,.nTrerw,• psvet.ornt»T nrvr.LnP*lEwT Sq.Ft,/PacY.Sng aq,I't. ! Parkln0 aq.rt,,;/ ParY.lag 1 Lyon ca Il1dg. stingl 14,350 ~D.6 3D, 154' 4p.G ,14,150 40.6 ;a sn e Lyon .ca Dldg. 400 i.6 190 1,4 .494 1.4 .~ r Lyon ;f]cc 0 z, 400 a,G ], 406 e.G ;- xr rice :cotton! 0 3,700 ~ 1;,] 2, D]4 .. 10.5 4useum :611 o a 4DO s.o 44o p,p rmeneatlonl Its .r ass a.o 0c¢anovs¢ cr Wall o p s7o 1,700 o.p 1n,0• },406' 7.700 o,o 10.0• cu eua 0 1,700 s¢aio}0• 1150 ~s 1,300 z eta) ]0.0• loo e: caeal _ ~ [00"s estet Text]. 1 CC TrT 9,590 42.2 21,47$ '9 a~3 21. A35~ 94.1 t Dulldlna Empiay¢o Units axC111ng D D 0.0 1,695 4.0 unit 11GC 0 0- n 0.0 ~ ___ _ 0 0.0 2,400 a .6 TOThL' ~ 9 0 'b,4 1,725 15. 6 aL cor+l4tncl >tiL Taro ncslD tuxsu. _ wka rooTr.cc tutu rnnx7WC : .211435 96.] ~{x764 110,0 TED HICIS[aT pTiVt7nG 7U5g• PO9aI0LE, nears Wr aNAT1a0. ', [ndtlelvek 1. Waterford, Sh961 NL•2, dated !1.12.92, Larrds~pe Irlarl, Dennis A7ldersan. 2. Waterford. Shea[ #1.1, dated 11-13-92, SnelGrading Plen Gwammey. PnN, SchuNz. 3. Waterford, Sheet #2.7, dated 11-19.92, Pion Leve138/43' 3'. Gwathmay, Pren, Se$tuilz. 4. Waterford, 5hea1 #2.2, dated 11.13.92; Plan Leve146'•G/53'-0', Gwaprmey, Pran, scnDn:. 5. Waterford, Shea s2.3, dated il•18-92 Plan Leval 59'-0J64'•9' by Gwelhmey, PreN, Schanz. 6. Welerfwd, Shea[ #2.0., dated 11-4.92, Plan Level69'•6'f74'•9', Gwathmey. Pratt, 5chunz 7. Watedard, Sheet N2.5, dared 71.13.82, Plan Lave180'-0'785'-3' Gwelhmey, Pratt, SdvuNz. 8. Waterford, Sheet N2.6, dated 71.78.92, Plan Leve190'•6' Gwelhmey, PreN, S40.vunz. 9. Wateford. Sheet N2.7, dated 17.13-92, Peen Level 101'-0' Gwarhmey, Pratt, Schanz. 10. Waterford, Sheet rF2.8, dated 11.13-92, Plan Level i 7t'-B' Gvvathmey, Pratt, Schutz. 11. Waladord, Sheet N2.9, dated 11-f3-92, Plan Level 122'-0' f`watMney, Pran, Stl7uNz, 12. Waterford, Sheet N2.10, dared 12-14.92, Root Plan All Levels Gwelhmey, PreN, Schultz. 13. Waterford, Shape N3.1, dated 1 i-13.92, FJevelbns Gwalluney, Prell, Scholl:. 74. Watedard, Sheet N3.2, dated 11-13-92, Elevallans, Gwelnmey, Patt, SdrulEz 15. Wsredord, Sheet N4.1, dated 11.4•@2, 5pc11ons, Gwelhmey, Pratt, Schutz. 78. Waterford, Sheet N4.2, dated 17.4.92, Sectbrls, Gwathmey, PreN, Schutz. 77. WatertoN, Sh9e1 N4.3, dated 71-4-92. Sec7fons, GwaBUney, Pratt. Schanz. 18. Waterford, Sneer Ns.7, dated 1o-20-92, Unll Plans, Gwa4rmey, Pmtt, Schanz. 78. Waterford, Shoat #9.2, dated 70.20.92, Unn Plans, Gvrethmey. Pran, 5chutx. 20. Walerlard, Sheet N9.3, dated 1420.92, UnN Pima, Gwathmey, Pratt, Schanz. 21. Waterford, Sheet N8.4, dated 10-2492, Unn plans, Gwelhmey, Pre11, Srhukx. 22. Waladord, Sheol N9.5, dated 1420.92, Unlt Plans, Gwelhmey, PreN, Schultz 23. Cornerstone, Sheet ML-1, dated 11-1392, Landscape P{en OerrfisArxlersm. 24. Cornerstone, Shape Y1, dated t2.2t-92, Cascade Village Maslar Pfan Gwelhmey, PreN, Schunr. 25. Comerstate, Sheet #2, dated 12.29.92, Floor Plana, Gwelhmey, Pran, Schultz, 28. Comeratone. Shea! N3, dated 12-29•@2, Floor Plans, Gwelhmey. Pratt, Schanz. 6chuitz. 27. Camarstona, Sheet N4, dated 72-21.82, Elevatbns, Gwelhmey, Pran, SChuNz. 28. Comerelana, Shalt #5, dated 11-13-92, SNe P1wVGradk7p Plan, Gwathmey, Prpn. Schultr. 29. Cascade CIu4 Addition SRe Plan, Rama, iLV1Q188. 30. Cascade C1u4 Flpar PIar7, Roma, 7U110+66. 31, Millrace III, Sheet N1, dated 51BJ93, SNe Pten, Steven James Rklen. 32. Millrece tkl, Sheet N2, dated M13193, Floor Plans for Singh Family AeaidanCe, Steven 3ames Aldan 33. Millrace III, Sheol s3, dated 518193, ElevatlOna for Smgfa Fpmlly Residence, Steven James FDtlerr. 34. Millrace III, Sheets N4 and N5, dared 3x20193, Fkar Plans for bugle: Hulkling, 6laven James Riden. 35. Mtllraca III, Sheets s8 end N7, dated 5!8183, Elevations for Duplex Building, Steven Jamav Rirlerr. 38. Millrace III, Sheol L1, dated 5!8!93, Si[eAandsrape Plan, Steven James Riden. 37. Millrace iV, Scenario i, &!k!a CosgriN Parcel, fills Plen, Arnold Gwelhmey Pratt, 16"25V91. 99. Millrace IV, Scenario I, alkla Cosgrifl Panel, Elevations, Arnold Gwathmey PraO, 1M27161. 39. Mlllrece IV, 5cenatlo I, e/tda Coagrilf Parcel, Floor Plans, Amotd Gwathmey Pra11, 10x23181. 40. Millrace lV, Scenario I, alkla Cosgriff Parcel, Landscape Plan, Dennis Anderson A690alal@a 47. Cospriif Parcel, Survey, Alpine Engineering. Inc., 1Ur31Rt stamped. 42. Survey, a pan of Cascade vlnege, Eagle Vatey Enginepdnp, LelerW LaGhner, &8x87. 43. Site Coverage Analysis, Eagle Valley Fxgirreervvp, 7a1a63. 44. Cascade Village Speclat bevelopmem District Amendment and EnWranmennl Impact Report: Peter Jamar Assaclales, Inc., revised 11122!86. 45-The Ruins, site plan, Kathy E.anganwater, AIA, 1!18!95. 48. 7'he Ruins, basement and titer flcorplans, Kathy Langenwater, AIA 1116^85. 47. The Ruins, second and lhlro that plans, Kelhy Langenwater, AIA 1118195. 48. The Runs, devatbns and fouAh floor plan, Kathy La[rgenwaner, AIA 1/t6f85. 49. The Ruins, elevations, Kathy Langenwelter, AIA 111 S"95. 50. The Ruins, Survey. Duane Fehamgar, 72171734. 57. The Runs, Landscape Plan, Land Designs. by Ellison, 212/85. ' A maximum of 1000 sq. n. aF common area, in addiE7on to she approved plena, may 776 added to the Waladord project is allow for compliance with Iha Uniform Butkfing Code, unNorm Fire Cade end American DisabllNiea Act. The staff shall review all such additions td ensure that they are required by such cartes. Area D Glen) +a,m (`.ryrmarrJn _~ Rua 1. Area D Master Sne Plen, Geodesign by Sherry Oonvartl, 2x2?19D. 2. landscape Plan for Area D, Gaodesign by Sherry Durward, 222/90, 3. Ares D elevations, Geodasign by Sherry Durward, 2I$/9p. A. Veil Micrabrewery, 5eracuse, Lawler, and Pedners, Denver, CO., sheets A2.1, A2,2, A2.3, A3.1, A3.2, A4.1, Aq.2, dated 118190 and sheet A2.4 dated 12119189. 5. Vail Brewery Rool Study, Frank Freyer, 118r9f). 8. Glen Lyon Parkhg Garapa Floor plans and Sne Plan, Roma, 11126x89. 7. Glen Lyon Perking Garage SectfanslEtevations, ]awns. 11!28/88. 8. Glen Lyon Contlominlum, Rama, 11/28(86. 9. Glen Lyon Cdndominlum Eagl Building, A«na, 11/28/88. t0. Deck Enclosure (Pease IAJ to Glen Lyon Office Building, Pierce, Segerberg and Spaoh, dated 912orso. 11, Landscape Pfan, Phase IA peck Enclosure, Pierce, Segerberg end Spaeh, dated 8119!91. 12. Office Addition to plan Lyon Olfice Building, gulf AmolNNed Gwelhmey Architects August 25, 1989 Sheets At through A4. 13. Cascade Village Spacial Devalopmenl Dfanlcl Amendment and Envlroamantal Impact RepoA: Pater Jamar Asaoclates, Inc., Revised 1 fl22/BB. LaMar from Peeler Jamar AaNOCfatea, loo., dated January 16, 1890. aggro'~dbyeow~pdof~l;nala,awlyrwaiyN, pan• 75. A resubdiviabn of Lot 54 amended pier B. Glen Lyon SubdWkbn, F.aple VedaySurvayhp hrC. FiNy percent at the required parkhp sh es approved by T.O.V. located within the main bulklinp ar bonding IB. Vail Brewery Parking Analysis, TDA hidden tram pub[b view from ed'pninp prop Coorado, Inc., August 70. 7988 and Vail Brewery wkhh a la[Idscpped bean. Parking Analysts Update, 7bA Colorado, Inc., C. January 16, 7990 pages 7-B. Olf-etr9ef perking shell be provide 18.46.110 7J,(_jy eccordarvice with Chapter 78.52. The devalopmam s[andarda eel out In D. Argo D. Glen r ,~•y, ryvrrmerda[ Rxa Sediona 1446.7201hrouph 18.4& iB0 ere approved 1. Phesa I, fA end !I shall Include 86 a1 by the Town Council. 'T'hese standards shell bs parkNlg spaces plus a valet parkng spaces c hoorporaled Info the approved deveopmenl plan east end d the surface parkhp bl. Phase IA peAlnent to each development area to proled the include 2 adtlillonal raquhed paAkkrp spaces Integrhy of the deveopmenl of SDb No. 4, They total 0143 required peekYrp spaces ate minimum development standards end shall 2. Phase III shall krn~utle a minimum o apply unless more restrfalva standards era parkkrpepsoep.AmhMumd700sppceagr IncorpMaled In the approved devabpmenl plan located h 8re perlkfrg sfnrc7ura. A4 regaled pe w7vlcly Is ade>t11ed bl1 the Town Council. for Iha east bulldhg shell be provMed on-sit 18.48.120 g Town al Vall parking requlrementa per Se A• 18.52.7001or rasldenllal and office use. A role Required setbacks ahaN p~ as hdlcefed h each of Eleven spaces shall be prated h the gars deveopment plan with a mnimum seB/egt an the the east building and a maximum of 5 au periphery o1 Iha property of not Ipss Than twenty spaces shall be located ad(ec4nt to We feet, with the exception that the setback txddip. requirement adJecent to the exlsling Cascade 3. Area D development shall meal paAcingslructur6/alhlelhclubbulkl4rgshallbatwo opemllonel raqulrementa ou111ned Irt the feel as approved on February 6, 7982, by the Colorado Inc. RspoA, Se01bn PerkNrp Ans Planning and Environmental Cammission. All Consklaretlons..danuary I8, 1990, [ erkirp ArW builtlklpa shall melmeh a 50 fool Stream sedxae;lt Gansldendorrs papas bB. from G,xe Croak. The Waterford bulWlnp shelf 4. Viler paAhp stow M prelhtltetl on Bra malntah a mnhnum 20 foil selbedc from the north erxl d tl7e swfaoe parktg b4 edge d the retteatlanel path along Gore Creek. 5. Iha Brew Pub shall not be open is B• public until abet 4:36 p.m. for Phase I al Required setbacks shag ba es 4x11Cated on Bra Monday Ihrouph Friday. When Phase devekpmerH PSr'~ O i : ~ ~ ,. .ant OCLIrre hdlydsg Bre parirkrg stn: • Iha brew pub may operate during Bte waek~ Required sdbadcs shall be governed by once the garbing slnldure is avalleble for p Seollon 18.73.050 Selbacke of rho use. Primaryl3acondary zone dlslrict of the Town of 8. The Bear !Nat shall nil operate a be I Val ~ ~~• by the pub[IC bstore 4:30 p.m, on weekd Monday thrordph Friday a1 anyfYne. Aegttted 8dback8 sltaA be aS hdfcaled On lira 7. Once tM parking structure IB tanstrur ~ ~ i~• ~ ~ • ere parkhg and access w Area o eha! be more 16 .a8. i4o u 7 A. For Nre p rposes d SDD No. 4 sabula8ons Section papas 8 end , Aupw1 051988, ant ~~~~amaatured ~ omh ee RepoA, Vail Brewery Parkk7p Maysls Upr ve i f tn xbl p grade a fhlsfhetl grads doled January 1B, 1990, body written by feAr. 0 (whkhever le more reslrkNve), al any given point ~ to the lap o1 a list roof, ar mansard roof, or to the B. No bailing Or delWery of goods seal highest ddpe Rea of a siopkp taut artiest .:: ;re allowed on Iha publb ripht•o1•way shop the 5 q.o-wrr„IhappID473dtlel=•.•. , plendrewnpa. Frontage Road adjacent la the Ares ~. .. 1. TM mexlmum halph! for the Westin Holal, 9.rThe owner of the property and brev CMC Laaminp Center, Terrace Wing, Plaza management span prohlbN aemFlndck and to Conference Building end Cascade Perking tru4it IraNic to the Glen Lyon Commercial sRe. S[nwTUr~Adrietb Club •9 71 fast. ony tnrdc loeaap Iha! shall be allowed ro the 2. l.OrnBralefra gV4dxlp; hNexirnam height d 77 shag ba VOM Mvhg a madmtvn hnpB+ of 2211 feet. 18.44790 3. Waterford Bullding: Maximum height d feet The recreational amennies lax due for ae measured Iran [hlshed grade to any por8on of davsloprtranl wtflln Sop too. 4 underChapter; the taut sloop the nanh elevalhn shall l7e 55' shall be aeeesaed al a rote no! to exc (South Frontage Aoad), 58' shop the wept 7wenlyr•five Cenle per square foot of tM floor e elevation wesdraven Drive, and B5 feet akxp lM h Davelopnent Mea A; end al a nee no south and seal elevation na measured Nam IYllsfrad axce9d fifty cents per square fool of GRF1 grade bavekrpmenl Area 8; arrd et a rata oaf W elan 4. Westhaven Buifdkvg: A mexlmum of 55 fifteen cents per square foot of GRFA faeL Davekpmertt Area C: and Y a rere nil to axe 5. MIIIraGe ill: A maximum 0136 feet. seventy-flva• cen[e par square foot d floor era B. Millrace [V: A mexlmum d 36 teal. Development Area D; and shall Ida peW 7. Cascade Club Addnion: A maxirnum of 28 ConJunctbn with aerJr oonstrucllan phase pile feel. the issuaurce d buYdrq panels 8. Cascade Entry Tower. A maximum o1 38 18.44200 fee[. ATM :: :'. : ,: 411allapa plan Shpl trpiK 9. Tha remainder of bulldhpe h Arep A shag • provlslan far prevenlbn d pollullon from surf have a mexlmum Might d 49 reel. - runoff. C. B. Tha developer ahaR hdutle h the bulk The maximumhefghtshelbe48feer. consnuclion, energy and water aanSarval D. Area C. Glen Lygs mtaY I NA comrols as perrersl I :.: „ axLaa at the tfnx The maximum height shall ba 33 feet fora consulrclbn- sloplrrp too! ant 30 feel for a Rol or mansard roof. C. Tha number a lireplerxis penn#lad anal E. L4f98 D. Gian Lvm Commemial SNa as sal forth h Section 8.28 of the Town of I 5196 d Iha tool aha! have a h47f~r1 between 32 Munk'pal as anlerWed. and 40 lest. 48% of the root Brea shall have a D. !f fireplaces ere provided within height under 32 foal. On the perlmater of the deveopment, They must f>a heat eMx:lenl lhroi buildings for Area D, height is measured from the use of pleas enclosures and heat clrcula~ finlshetl grade up to any pilot of Ihs roof. On IM devices as technology axlsla ai Iha lime Inrerlor area of any bufldhp, height is measured ~: =~~r..,.nrr. from exislhg grade up to the highest polrhl d the E. An water faelpma wthh L : :. , : I A rust. bevelopment plan drawings shell aonstnute A ahatE have averfbw alarm drains per the height albwances fcr Area D. fecommandellon of Iha EWVironmanlal Imp 18.46.7fiDSdaS~pspg Rapod try Jamar Assodates on Paps 34, !n Areas A and 8, no more than 35% of Ehe F. All parking slructurea shall have pollul ibhtl site area shell be covered by buildings, control devices le prevent oil and dfA from drain providetl,'rf any poAlan of Bra area Is developed ae Into GoraCreek. an hs111utlanal or educn7ional canter, A5% 01 the G. In Area D, a manhole on [ne brew area maybe covered unless dherwise hdicated an service tlne shall be provided sp teat the Up the sea specHic development plans. In Area C, no Eagle Valley Consdidated 5annalbn District n more Than 25% of Iha toleE s{te area shall be mohna BOp elrength. covered by buildings, unless the more reatrbtive A. In Area D, [he brewery menegemant sl slandartls of Chapter 16.60 01 the Yail Munka{sal not operate the brewery process duri Code eppty. In Area D, no moo than 37%of Iha temperature Inverebns. II shell be Ihs brew total sea area shall be covered by buNdivge and Iha owners raspanstD6ty to monitor hversbrvs parkhgsfruclure. I. All Trash Compactors and fresh store 16.48.1701 erase shall be completey endpsad within Seer Al least the folbwkrg percentages o11he total Devebprr7enl Dislrid 4. tlevelapmenf area shall be Iantlscepad es prpvklad J. Profacffve measures shad be used duri h ltle development plan. This span Include retenlbn construcllon to prevent loll erosion into Gk ofnalurallandscape,yeppropdela,AreasAand6, CreeN,particuladywhanconslructfonoesurs finy flercenl and In Areas C and D, sixty percen4 Arses A and D. of Bhe area shall be landscep4W unless ptherwlsa K, Tha hvo employee tlweling un#s n Area Indicated on the see specific deveklpmenlplana, shelf only be albwed la have gas fireplaces N iB.48.180PeAdm~-,,,,,_irv,rann meal the Town o1 Vail ordinances govern! A Area A Cascade VWam fireplaces. 1. Otf-street parking shall be provided In 16.48,210 acoorderrce with Chaplet 18.52, except That 75% 01 Iha required parking In Area A shell be locelpd 9. whhin a parking slruclure or buildings with Ihs A The devebper shag provide w work with I exception of Millrace IV, Scenario I, where 68.6% Town Ip provide adequate private Irensportali ofrequlredparkingshallbeencbsednahu0dng.If , services to the owners and guests so ~ the development table In Sacdon 18.46.103 Is Irenspon them from the development io lM emended, the parking requiremems shall be Core area and Lbnsheed area es oullinetl In t amer7detla..._..::.„ly. apWaeddel,..~ ,pbrr. 2. There shall be a Iota! of 421 spaces in the B. Developer shall provide In its approv mein Cascade Ctu0 parking structure. A 17,5 devebpmen! plan a boa bheler of a design ai percent mixe3rl•uae credh par Iha Tawn of Vail Iocetbnmuttrelyepreeableladevek7perend7a packing code. SeC1bn 16.52.20 has been applied to CourrGl. SaW slreter to servka pre area genenly. Iha total number of requhad parking spaces kr the C. Area A, Cascade Yellage Cascade structure. 1. Tha developer shah be responsible 3 3. There shall be a total 0156 on-sde perkhp providhg a break-away bollard for IM emergan spaces on Iha Waterford building s119 with a access road balw7ren Eagle PohlerPark Meadov minimum of 75% o! the required space tecaletl 1472 Mallerhom Circle, and WOSlneven Drive. T below grade. No mixed use credit shag be aPWiad b design of the bollard shall he mutue4y aaceplable This sNe. the developer and Town of VaN. This improveme 4. There shall be a minimum o1 93 enclosed shall be canatrueled when a building permit parking spaces toasted within Iha Cornerstone requested Mr pre Corrrerslane, MiRrece ill, M40a+ buildngwri[h37o1therequlredspacesavaileMelc IV, Westhaven Condominiums, Wetarfo~ tea publb for shoA•farm parking. Na mixed use hulldinpa, or Cascade Cdub addition. The holla~ credl has bean appNetl to this bt. shelf be Included h Iha permit plans. TM tx>tle~ 5. The third floor pF the Cascade perking shall be eonsfiucted subsequerli l0 4re issuance structure shall cal b0 used ro meet any perkl7p a bulkfinp patron and prior to Ns Issuance o1 raqulremants for accommodallon unite, Iranslent temporary cerllllcale o~ occupancy for !t resklentfaldvrelingunils,sn7ployasdwnlingunnsar Comeratone,M111racalll,MillracalV,WeslhavE dwaAnpunNS. Condomhlums, Welerfom buHtlhps, or Cascac B. Phasing: All required parking for Clubaddnbn Comersrane and Wafertom shall M pealed M Brelr 2, The developer shall cOnslrucl s aidawe respecElva elves. Ad requlretl parking (or me Thal bephs 9[ Iha entrance to Iha Cascade Ch Cascade Club Wellness Center Addeian Soenarb 1 shop Westhaven Drive end extends to the well shall be,.. ~ ~, _ h the Cascade parkhg abtrc4ure. hone d1M Wealhpvt7n buildhp to COIM7eat with tl 7. Seventy-flue d7eraent d the requlre0 paclirp raweallonal path to Donovan Park. The wok ahl span be bested x4drfn tlra mein buNdYlp w buMdllps be a0nsBucl~d when a buildxrg penrd is request[ and hidden from public view from adJofntnp for WeatMvan Candanhluma The sldewek sM propadNs wNhi7 a IMMacNpad iDerm tar Yyeeduvan ba paN a dw bulltllrrp I]armn grans. Tl7a sidavra Cahdominlana, and Mi/ra4a Ill. - shad a aanahuGrrd sll~aegrrerrl to Iha kAuanoa 2 RESOLUTioly No. ~ Series of 1995 A RESOLUTION MODIFYING THE TOWN OF VAIL LAND USE PLAN, CHANGING THE LAND USE DESIGNATION OF TRACT C, VAIL VILLAGE 7TH FILING FROM PARK TO LOW DENSITY RESIDENTIAL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, conditions in the Town of Vaii have changed since the Land Use Plan was originally adopted; and WHEREAS, the proposed Land Use Plan modification would serve to carry out the following policies of the Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanen# resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas {in-fill areas). 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing future growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods; and WHEREAS, the Town of Vail has a need for additional land with the designation of Low Density Residential in order to meet the standards of the above-listed policy statements. NOW, THEREFORE, BE iT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town Council finds the procedures far amending the Land Use Plan, as set forth in Chapter VIII, Section 3 of the Land Use Plan have been satisfied. 2. The Town Council hereby amends the Land Use Plan to change the Land Use DA~inr-~tinn chnwn nn Fini~ra 3_AA (~Airi-Car+tinn AAanl of tha elan frnm Eaarlr +n I ~',~1 nonyifi~ Residential for the property more particularly described as Tract C, Vail Village 7th Filing. 3. The property ownerlapp[icant, or his successor in interest, agrees with the following requirements, which are a part of this modification to the Land Use Plan. Z A. Prior to the transfer of ownership of the property, the Vail Valley Consolidated Water District will dedicate an approximate 10-foot wide public easement across the eastern side of Tract C to the Tawn of Vail, to allow for the continued use of a portion of Tract C for a golf cart path. B. Prior to the transfer of ownership of the property, the Vail Valley Consolidated Water District will dedicate a road easement across the western portion of Tract C to the Town of Vail (approximately 60 feet from the westernmost end of the property) to be used for the future realignment of Vail Valley Drive (ta connect with the South Frontage Raad}. C. At the time of transfer of ownership of the property, the Vail Valley Consolidated Water District and their grantee will enter into an agreement with the Town of Vail to remove all above and below ground improvements on Tract C, with the exception of the eastern 15 feet of the 8-inch iron intake pipe, the 10-inch iron pipe used to backwash the pump station and intake pipes, and the sewer manhole located along Vail Valley Drive. The agreement will be in terms that are acceptable to the Town of Vail and guarantee that such removal of improvements will be concluded within three years. The holes} resulting from the removal of below ground improvements will be filled and the property will be regraded and revegetated according to a plan approved by the Town. D. The Vail Valley Consolidated Water ^istrict has agreed that if the transfer of ownership of the raw water intake system and associated equipment (pump station, backwash pipe, vaults, etc.) to the Vail Recreation District has not been completed, ~n if the system is not able to become fully operational within three years from the date of approval of this Land Use Plan change, the raw water intake system and associated equipment will immediately be removed at the expense of the Water District. . . E. Prior to transfer of ownership of the property the Vail Valley Consolidated Water i~istrlrt will ~racpnt a lanrlcr+~iwna~Nl~n fQr tl'!Q ~:.'!'~''.~ s!aticr! ;ra4its w^w a plan for the visual screening of the pipes located in Gore Creek to the Design Review Board for their review and approval. All improvements authorized by the Design Review Board will be installed by the Water District no later than June 31), 1995. 2 INTRODUCED, READ, APPROVED AND ADOr i tD this 7~''day of m`'u'~ 995. ~.d. ~ C~_ C:~-~ Margaret A. Osterfoss, Mayd~' ~~~ ~~Cy~ia"fit C~.cf~l~~~`~ K___~ Holly McCutcl~eon, Town Clerk f :leveryonelordlres 5.JC 3 S S ~.PS~~~~~~~ RESOLUTION N0.6 Series of 1995 A RESOLUTION COMMENDING BILL ANDERSON FOR HIS CONTRIBUTIONS TO THE PLANNING AND ENVIRONMENTAL COMMISSION WHEREAS, Bill Anderson has generously and enthusias#icaliy contributed two years of service to the Planning and Environmental Commission; and WHEREAS, Bill Anderson has offered many hours of community service on other Town committees such as the Design Review Board; and WHEREAS, Bill Anderson has contributed his time to community service; and WHEREAS, Bill Anderson has participated an various Town boards and has been an outstanding, dedicated member. NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, publicly goes on record as commending Bill Anderson for his many contributions to the community and does convey this evidence of our appreciation in the form of this Resolution. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of August, 1995. . L~. ~2~ Margaret A. Ostertoss, Mayor ATTEST: ~dt~. Lori Aker, Deputy Town Clerk ~~~ t'1 w ~1~ l~~ r-~ ~~~ Q~~~C U ~C RESOLUTION N0.7 Series of 1995 A RESOLUTION COMMENDING KATHY LANGENWALTER FOR HER CONTRIBUTIONS TO THE PLANNING AND ENVIRONMENTAL COMMISSION WHEREAS, Kathy Langenwaiter has generously and enthusiastically contributed six years of service to the Planning and Environmental Commission; and WHEREAS, Kathy Langenwaiter has contributed one year of service as Chair of the Planning and Environmental Commission; and WHEREAS, Kathy Langenwaiter has offered many hours of community service an other Town committees such as the Design Review Board, Housing Authority and Art in Public Piaces Board; and WHEREAS, Kathy Langenwaiter has contributed her expertise, diplomatic style, and sense of humor to community service; and WHEREAS, Kathy Langenwaiter has participated an various Town boards and has been an outstanding, dedicated member. NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, publicly goes on record as commending Kathy Langenwaiter far her many contributions to the community and does convey this evidence of our appreciation in the form of this Resolution. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of August, 1995. Margaret A. Osterfoss, May~6r ATTEST: ~~. C~C.~2ut~ Lori Akar nprn ii~~ Tn~n~n f`.icar S ~.QB ~.~~~~ ~~C RESOLUTION N0.8 Series of 1995 A RESOLUTION COMMENDING ALLISON LASSOE l=OR HER CONTRiI~UTIONS T4 THE PLANNING AND ENVIRONMENTAL COMMISSION WHEREAS, Allison Lassoe has generously contributed two years of service to the Planning and Environmental Commission; and WHEREAS, Allison Lassoe has offered many hours of community service on other Town committees such as the Design Review Board; and WHEREAS, Allison Lassoe has contrbuted her time and expertise to community service; and NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, publicly goes on record as commending Allison Lassoe for her many contrit~utions to the community and does convey this evidence of our appreciation in the form of this Resolution. INTRODUCED, READ, APPROVED AND ADOPTED this ~ 5th day of August, 1995. Mar ret A. Osterfoss, Mai~or ATTEST: c~~ ~~ Lori Aker, Deputy Town Clerk r"~ i RESOLUTION N0.9 Series of 1995 Q RESOLUTION MODIFYING THE TOWN OF VAIL LAND USE PLAN, CHANGING THE LAND USE DESIGNATION OF PARCEL E, VAIL VILLAGE 7TH FILING FROM OPEN SPACE TO PUBLIC -SEMI PUBLIC, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, conditions in the Town of Vail have changed since the Land Use Plan was •• originally adopted; and WHEREAS, the proposed Land Use Plan amendment would be in concert with the policy and goals of the Land Use Plan to protect the quality of the environment; and to allow for the quality of development to be maintained and upgraded whenever possible; and to improve summer recreational opportunities since the golf course maintenance facility is a critical element in the operation of the Vail Golfcourse, a valuable recreational amenity to the community in the summer; and WHEREAS, the golfcourse maintenance facility is Curren#ly a legal nonconforming use on the property, which is zoned Natural Area Preservation {NAP}; and WHEREAS, the uses of the site are not consistent with the zaning (the only permitted use in NAP is nature preserve) and has existed on the site since 1966; and WHEREAS, the site is used for storage of fuel, equipment, and various supplies necessary to maintain the golfcourse; and WHEREAS, the reasons for the request include: 1. The VRD would like to make improvements to the existing building and landscaping; 2. The existing underground storage tanks need to be replaced with above-ground storage tanks in compliance with new Environmental Protection Agency and State regulations; and the VRD desires to install a wash water.recycling system to reuse water used in cleaning equipment; and WHEREAS, in the open space zoning changes that are in process, this site was identified as appropriate to be rezoned to General Use, which use provides for a golfcourse maintenance facility as a conditional use; and WHEREAS, if the proposed amendment to the Land Use Plan is approved, then the VRD will be permitted to proceed through the process to rezone the property to General Use. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1 .. ~. :~,~.~ .. 1. The Town Council finds the procedures for amending the Land Use Plan, as se# forth in Chapter VIII, Section 3, of the I^and Use Plan have been satisfied. 2. The Town Council hereby amends the Land Use Plan to change the Land Use Designation shown on Figure 3E (East Section Map} of the Plan from Open Space {OS} to Public - Semi-Public {PSP} for the property more particularly described as Parcel E, Vail Valfey 7th Filing. INTRODUCED, READ, APPROVED AND ADOPTED this 5"~' day of ~~,~ 1995. ~, argaret A. Osterfoss, yM~or~ Holly McCutcheon, Tawn Clerk f :leveryonela rdlres9.rf 2 RESOLUTION N0. 10 SERIES OF 1995 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL EXPRESSING CONCERN ABOUT "TAKINGS" LEGISLATION IN GENERAL AND URGING ELECTED REPRESENTATIVES TO OPPOSE SB 136, HB 1171 AND SIMILAR LEGISLATION. WHEREAS, both the Colorado General Assembly and the U.S. Congress are considering legislation which may dramatically expand the circumstances under which some property owners can claim compensation from the government to the extent government regulations affect their property values; and WHEREAS, all governmen# entities, including municipalities, are already constrained by the U.S. and Colorado constitutions from taking private property for public use without just compensation; and WHEREAS, the courts have long held that government regulations which go "too far" may constitute a taking of private property and recent decisions by the U.S. Supreme Court have provided additional protection under the constitution to private property rights; and WHEREAS, municipalities, in their traditional role as land use regulators, have a special understanding of the fact that virtually any regulation has both positive and negative effects on a myriad of property values, including those associated with the regulated property, neighboring properties, and the community at large; and WHEREAS, so called "takings" legislation tends to bestow new compensation rights upon some property owners to the potential detriment of other property owners, while undermining the effectiveness of even the most reasonable regulations which are designed to protect the public health, safety and general welfare; and WHEREAS, takings legislation promises to substantially increase the cost of government by mandating redundant, bureaucratic review processes upon government agencies and inviting a flood of new claims for compensation which have no basis whatsoever under the constitution; and WHEREAS, even takings legislation which does not presently include within its scope actions by municipalities is nevertheless objectionable because: A) Proponents of such legislation have vowed, once the precedent is established, to include municipalities in future "takings" legislation; B) Any legislative redefinition of what constitutes a regulatory taking of private property may in the future be imputed by the courts to municipalities; Resoluiim No. 10, Series of 1995 •-•,.- • r C) Municipalities work in partnership with state and federal agencies to protect the public health, safety and general welfare in local communities, and any unreasonable impairment of the ability of those agencies to carry out their regulatory function will inure to the detriment of citizens living within municipalities. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council opposes any and all legislation by the Colorado General Assembly and the U.S. congress which purports to codify constitutional "takings" principles to the extent that such legislation redefines what a regulatory taking is and the types of claims for which compensation mus# be paid, favors the interests of some property owners over others, increases the cost of government, or impairs the effectiveness of reasonable laws and regulations which protect the public health, safety and general welfare. 2. The Town Council respectfully urges its elected representatives to vote against SB 136, HB 1171 and any similar legislation. 3. The Town Clerk is hereby directed to forward this resolution to the Town's elected representatives in the Colorado General Assembly and the U.S. Congress and to otherwise disseminate copies of this resolution to the public at large as appropriate. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of April, 1995. `~ ~ --- Margaret A. Osterfoss, M or EST: .~ , ~ ~e~ Holly L. McCutcheon, Town Clerk C:IRESOLU95.10 Resolution No. 10, Series of 1485 RESOLUTION N0. 11 Series of 1995 A RESOLUTION DESIGNATING BANK ONE WISCONSIN TRUST CO., NA, THE ONE GROUP U.S. TREASURY SECURITIES MONEY MARKET FUND, 11.1 EAST WISCONSIN AVENUE, MILWAUKEE, WT 532fl2 AS A MONEY MARKET ACCOUNT 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 and money market accounts far funds of the Town and WHEREAS, the Town wishes to designate Bank One Wisconsin Trust Co., NA, The One Group U.S. Treasury Securities Money Market Fund as a money market account far funds of the Town. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Bank One Wisconsin Trust Co., NA, The One Group U.S. Treasury Securities Mnney Market Fund is hereby designated as a money market account far the funds of the Town of Vail. 2. Steve Thompson, the Finance Director of the Town of Vail, or his successor, and Christine Anderson, Finance Controller of the Town of Vail, or her successor, and Judy Fopeck, Accounting Technician of the Town of Vail, nr her successor, are hereby authorized to open a money market accounts} in the name of the Town of Vail at Bank One Wisconsin Trust Co., NA. When an account with Bank One Wisconsin Trust Co., NA is liquidated, a check shall be made to the Town of Vail and mailed to 75 S. Frontage Road, Vail, Colorado 81657. '. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of April 1995. Merv Lapin, Mayor Pro-Tem A T: o~~~'~_ Holly McCutcheon, Town Clerk • ~ RESOLUTION NO. i2 SERIES OF '1995 A RESOLUTION APPROVING AND ADOPTING THE TOWN OF VAIL RESIDENTIAL EMPLOYEE MORTGAGE LOAN PROGRAM WHEREAS, the Town Council of the Town of Vail and FirstBank of Vail have engaged in discussions and planning to provide a loan program which will permit residents to secure loans on residential property in an amount of up to ninety (90%) percent of the property's value; and WHEREAS, the Town of Vail is hereby committing up to $250,000 to fund the program; and WHEREAS, the program will require deed restrictions and ownership guidelines for these employee housing units which will iae known as Type A Employee Housing Units; and WHEREAS, the results of this effort are identified in the Master Mortgage Loan Agreement, the Deposit Account Assignment and Security Agreement, and the Town of Vail Deed Restric#lons and Guidelines far Type A Employee Housing Units. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Master Mortgage Loan Agreement, the Deposit Account Assignment and Security Agreement, and the Town of Vail Deed Restrictions and Guidelines For Type A Employee Housing Units attached to this Resolution as Exhibits A, B, and C are hereby approved and adopted. 2. The Town Manager and Town staff are hereby authorized to take afi actions necessary to implement and administer the Residential Employee Mortgage Loan Program and to make such changes in the agreements and guidelines as are necessary to effect the purposes of this program. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of May, 1995. r ~. Margar t A. Osterfoss, Mayor Hllt~l: ~Df~r ~O~I~7~' fcc~~~ Hoily~L. McCutcheon, Town Clerk ~~ Z t0 ~ 4f r $-~t..~-f ~ \ ~~~.~~i C'.IRESOLU84.12 Resolution No. 12, Series of 1995 ~ ~ ~ MASTER MORTGAGE LOAN AGREEMENT This agreement is entered into this _ day of , 199_, by and between the Town of Vaii (the "Town"), FirstBank of Vail (fhe "Bank"), and {individually or collectively referred to as the "Borrower"}. Recitals A. Borrower has applied to Bank for a mortgage loan in the amount of $ {the "Loan") in connection with Town's current Residential Employee Mortgage Loan Program {the "Program"). In the event Bank determines to make the Loan, Borrower will use the proceeds of the Loan to purchase a residential dwelling located on the real property more speci~caily described in Exhibit A attached here#o and incorporated herein (the "Property"}. Borrower has previously been determined by Town to be a Qualified Buyer as defined in the current Program guidelines. The Property is a Qualified Dwelling Unit as defined below. B. As one of the requirements of the Program, Borrower mus# agree to the imposition of various restrictions upon the use, transfer and marketability of the Property. This agreement contains such restrictions and, when fully executed, shall be recorded in fhe real estate records of Eagle County, Colorado. The restrictions in this agreement shall be treated and interpreted as binding covenants which run with the Property. C. Providing that Borrower meets and is willing to abide by the credit standards imposed by Bank as welt as the requirements and qualifications required by Town under the Program, Bank is willing to make the Loan to Borrower. ACCORDINGLY, the parties hereby covenant and agree as follows: 1. mmlatov.fbv Definitions. As used in this agreement, the following wards and phrases shall have the indicated meanings consistent with the context: 1.1 "Qualified Dwelling Unit" means any single or multi-family residential dwelling or condominium unit located within the boundaries of fhe Town and which is capable of fee simple ownership. 1.2 "Qualified Buyer" means an individual who has been determined by the Town to meet the income, employment, residency and o#her qualifications set forth in the Town of Vail Housing Guidelines as adopted and amended from time to time by Town and which are in effect at the time of closing of the sale from Owner to Borrower. 1.3 "Owner" means the person{s} or entity which will convey the "Property" to Borrower a# the closing. 1.4 "Account",means the savings deposit or certifcate of deposit account maintained by Town at Bank for the purpose of complying with the credit support feature of the Program. 1.5 "Loan Documents" shall mean the Note, fhe Deed of Trust, the Assignment of Rents, this agreement and all other instruments executed in connection with the Loan. ~/~ 4195 Exhibit A ~ ~ i.6 "Deed of Trust" means the deed of trust or mortgage executed ~y Borrower encumbering the Property in favor of Bank in order to secure the Loan. 1.7 "Assignment of Rents" means the instrument executed by Borrower assigning any rental income or revenue from the Property in favor of Bank in order to secure the Loan. 1.8 "Program Documents" shall mean the documents executed by Borrower and Town which relate in any fashion to the Program and Barrowe~s compliance obligations under the Program. 1.9 "Program Guidelines" shall, mean the written requirements of Town far eligibility under the Program and all conditions relating to the use, occupancy and sale of any related residential dwelling by a Qualified Buyer. 2. Mortoape Loan to be Made by Bank. 2.1 Aporaisai and Amount of Loan. 2.1.1 The Loan shalt not exceed a principal amount which is equal to 9t7% of the purchase price or the appraised value (whichever is less) of the Property. !n order to determine the maximum principal amount of the Loan, Bank shall order an appraisal of the Property #o be performed at the expense of Borrower by an appraiser selected by Bank. In the event the appraisal report values the . Property at less than the proposed purchase price, the appraisal report shall be conclusive for purposes of determining the maximum amount of the Loan. 2.1.2 A copy of the executed purchase agreement for the Property shall be delivered to Bank by Borrower. Bank will be entitled to contact parties to the purchase agreement and others in order to verify any aspect of the proposed purchase transaction, and Borrower specifically consents.to these actions and authorizes Bank to conduct such inquiries and obtain such information as Sank may deem appropriate. 2.2 Loan Approval and Closina. 2.2.1 Bank shall process the application of Borrower for the Loan under any residentia! mortgage loan plan offered by Bank which Bank deems suitable for use with the Program. Bank shall conduct a credit review and roves#igation of the collateral in order to determine whether Borrower meets the credit requirements of Bank. Upon compliance by Borrower with the requirements set forth in Section 2.3 below, Bank will lend to Borrower the sum of $ (the "Loan"} for the purpose of enabling Borrower to acquire the Property. mmlatov.fbv 411195 2 2.2.2 The Loan shall be evidenced by a promissory note (the "Note"} executed by Borrower reflec#ing the repayment terms. The unpaid principal of the Note shall bear interest prior to acceleration or maturity at a fixed rate of percent per annum for the first five years of the Note and thereafter at a variable rate of interest equal to (the "Index") plus a margin of percent. The variable interest rate shall change and shall be calculated and imposed in the manner described in the Note. The terms of the Note shall be con#rolling in all respects. 2.2.3 Borrower agrees to pay to Bank an origination fee in the amoun# of percent of the amount of the principal amount of the Loan. The origination fee shall be paid on the date of the closing of the Loan. 2.2.4 Interest shall be calculated on the unpaid principal amount ofi the Note on the basis of a year consis#ing of 365 days, and interest shalt be paid for the actual number of days elapsed. 2.2.5 Notwithstanding anything to the contrary con#ained in any of the Loan Documents, the maximum interest rate under the Loan will never exceed (i} percent or (ii) the highest rate permitted from time to time by applicable law, whichever is less. 2.3 Collateral. 2.3.1 To secure performance of Borrower's obligations #o Bank under the Note and this agreement, Borrower will execute the Deed of Trust and any required rider thereto, the Assignment of Rents, any security agreement, financing statement, or other document which Bank deems necessary or appropriate. The lien of the Deed of Trust and the other collateral documents shall have priority over al[ other liens and encumbrances against the Property and any associated personal property. 2.3.2 As additional security for the Loan, Borrower hereby grants to Bank a security interest in all deposit accounts maintained by Borrower at any subsidiary bank of FirstBank Holding Company of Colorado, Inc. 2.4 Conditions Precedent. Bank shall not be obligated to make the Laan or disburse any funds under the Loan at any time until the following events have been performed or have occurred: 2.4.'I Borrower's creditworthiness is deemed acceptable by Bank, and Borrower has satisfied Bank's internal credit analysis. 2.4,2 The Town has certified to Bank that Borrower is a Qualified Buyer, tha# Borrower is otherwise eligible under the Program, and that the Property is a Qualified Dwelling Unit. mmlatov,fbv 4/4/95 3 • s • 2.4.3 Borrower has satisfied ail the requirements of any mortgage loan commitment issued to Barrawer by Bank. 2.4.4 The appraisal report of the Property is deemed satisfactory by Bank in all respects. 2.4.5 An improvement location certificate or other suitable survey far the Property has been received and approved by Bank. 2.4.6 Borrower has obtained property and extended coverage insurance for the Property in the coverages and amounts required by Bank. 2.4.7 Owner and Barrawer have completed and delivered a satisfactory mechanic's lien affidavit to Bank relating to recent repairs or improvements upon the Property. 2.4.8 A title insurance company acceptable to Bank must have issued, at . the expense of Borrower; a commitment for an ALTA lender's extended coverage policy of title insurance in an amount and form satisfactory to Bank subject only to exceptions approved by Bank in writing, together with any endorsements required by Bank. 2.4.9 Bank has received a certificate of #axes with respect to the Property which meets with the approval of Sank and indicates no past due taxes or special assessments. 2.4.1Q !f the Property is a condominium unit or is otherwise part of a common interest ownership association, Borrower has obtained an acceptable certificate or other instrument from the governing association which shows the amount of any regular or special assessment which is due, and Bank has determined that such amount will be paid at closing from a source other than the proceeds of the loan. 2.4.11 Harrower has obtained and delivered to Bank any requested certifca#s of occupancy or any other requested certifrcations relating to the Property. 2.4.12 Bank has determined to its satisfaction that the Property is in compliance with all zoning and building code ordinances and regulations of the Town. 2.4.13 Borrower has submitted evidence that the Property is not in a flood or other hazard area which is deemed unacceptable to Bank. 3. Credit Accommodations by Town. 3.1 Consideration. As an incentive for Bank to participate in the Program and to approve the application of Borrower for the !roan, Town has agreed to extend credit accommodations to Borrower. The credit accommodations shall be in the form of an assignment and pledge by Town of cash or readily available funds in the amount and nature described below to mmlatov.fbv 4114195 4 ~ s support the Loan. Town and Borrower acknowledge that Bank has bargained for these credit accommoda#ions as a condition of malting the Loan, and that Bank would not be willing to make the Loan without these credit accommodations. 3.2 Pledge and Assignment by Town. 3.2.1 As~ a condition precedent to Bank's obligation to make and close the Loan, Town shall assign and pledge to Bank cash or readily available funds in the amount of ten percent of the purchase price of the Property. This assignment and pledge shall be evidenced by an assignment and security agreement between Town and Bank which describes the Program and Town's agreement to provide credit support for each Loan which Bank makes under the Program. The security agreement shall also provide that the funds assigned and pledged by Town wilt be maintained in the Accoun# and, subject to the provisions of Section 3.3 below, may be utilized by Bank in the event of a default under the Loan Documents #o pay principal, accrued interest and any other amount which may be owing by Borrower under the Loan Documents. Bank shall nat be .required #o proceed against Borrower as a condition precedent to utilizing the assigned funds to pay obligations which become due under the Loan Documents. 3.2.2 Bank shat! release the assigned funcils to Town at such Time as the Loan has been paid in foil. Bank shall also release the assigned funds on the fifth anniversary of fhe Loan {a) as long as all Loan payments have been made as agreed, {b) the value of fhe Property is then equal to or greater than the purchase price of the Property paid by Borrower, (c) the "back ratio" of the Borrower {as defined by Bank} is not greater than 40% based on the current interest rate under the Loan, and (d} Bank determines there has been no adverse change in the financial condition of Borrower. 1n the event the Property is sold for any reason, Bank shalt not be required to release the assigned funds until such time a5 the Loan is paid in fulE. . 3.2.3 Unless the Assigned Funds are removed from fhe Account by Bank, interest shah accrue on the Assigned Funds in the discretion of Bank at either a rate adjusted weekly which is equal to 95% of the Fed Funds Rate for the previous week as quoted in the WaN Street Journal yr at a rate adjusted on an annual basis equal to the rate paid by Norwest Bank of Denver on one year certificates of deposit. 3.3 Prior Notice by Bank. Bank will provide advance notice to Town in writing of Bank's intent to utilize any funds of Town which have been assigned to support the Loan. Upon receipt of such notice, Town shall have a period of five (5) business days to notify Bank in writing of Town's decision to elect to purchase the Loan from Bank under Section 9 of this agreement or to fake such other remedial steps as Bank may require. In the event Town fails to notify Bank in writing or take.other appropria#e action mmlatov.fbv 4114195 ~ e • required by Bank within this period of tirne, Bank shall be entitled to utilize the assigned funds immediately to pay any obligations due under any of the Loan pacuments. 3.~4 Waiver and Estoppel. Any action or nonaction by Bank with respect to the available procedures described in this section shall not impede or bar Bank's right to initiate remedial procedures under the Loan Documents in the event of a default by Borrower, and ibis shall include, but shall not be limited to, Bank's right to foreclose the Deed of Trust. Bank shall pat be subject to any argument or assertion based upon principles of estoppel or waiver as a result of Bank's action or nonaction under this section. 3.5 Reimbursement ~bliaation to Town, In the event Town erects to purchase the Loan under this Section, or if any of the funds in the Account are utilized by Bank to pay any amours#s owing under the Laan Documents, Borrower shall be obligated to reimburse Town for all such amounts along with interest at the rate of percent. 3.6 CaNateral for Pledaed Funds. Bank acknowledges tha# Town is prohibited by its charter and municipal status from permitting any funds owned by Town to be maintained in a depositary institution without adequate collateral furnished by the depositary institution. Accordingly, Bank agrees to maintain all funds which are assigned and pledged by Town under this agreement in a deposit account which is collateralized kiy treasury bills and other government securities which have maturities no longer than 3.7 Riahts of Town with Respect to Pledaed Funds. From time to time and with the prior written consent of Bank, Town shall have the right to substitute acceptable securities or other liquid obligations for funds which are required to be assigned and piedged by Town pursuant to this agreement. Each substitution shall be made only with the written approval and consent of Bank, and Bank agrees that it will not unreasonably withhold any such approval and consent. Each such substitution, however, shall be accepted by Bank upon terms and conditions which Bank deems appropriate, and Bank in its discre#ion shall have the right at any time during the pendency of this agreement to require Town to assign and pledge readily available funds in place of any substituted securities ar liquid obligations. 4. Mortaaae Loan Documentation. ~.1 Unless otherwise provided in an addendum to this agreement, the Loan shall be made as part of Bank's variable -rate mor#gage loan program known as the "FIRM-5" loan. Borrower acknowledges receipt of program ' discCosures as well as a copy of the Consumer Handbook on Adjustable Rate Mortgages. Borrower understands that the fixed initial interest rate will be converted to a variable interest rate at the end of five years. Borrower further understands that the variable interest rate wilt be based on an index rate plus a margin, and that the rate of interest can be adjusted on an annual basis. An increase in the variable interest rate will mmiatov.fbv 4114195 6 r ~ usually result in an increase in the amount of the monthly payment which Borrower is required to make. 4.2 Borrower agrees to execute ail documents which are required by Bank in connection with the Loan including, but not limited to, the adjustable rate note and rider, the deed of #rust and any required riders, an assignment of rents, escrow account disclosures and authorizations, and an agreement to execute and deliver additional documents requested by Bank. 4.3 In consideration of the special interest rate and maximum loan amounts established by Bank under the Program, 13orrawer agrees to authorize Bank to charge Borrower`s deposit account maintained at Bank far the amount of each monthly payment due under the Loan. The amount of this payment shall include principal and interest as well as the amortized portion of any mortgage or other insurance premiums or reserves, tax reserve, and any other reserve. 4.4 Borrower agrees during the term of the Loan to execute such further documents as Bank may deem necessary from time to time in connection with the Program ar with respect to any regulatory compliance requirement. 5. Title Ewxceptions. As a requirement of the Loan, Bank must receive an acceptable ALTA lender's title insurance policy insuring Bank's lien upon the Property as described in Section 2.4.8 of this agreement. In addition, Borrower will receive an owner's policy of title insurance issued by the same title insurer. The policies will contain an excep#ion to ti#le based upon the Program restrictions and their impact upon the future use, transfer and marketability of the Property. Borrower agrees tha# any exception to title of this nature will not give rise to any action for rescission ar any other remedy or cause of action by Borrower under any of the Loan Documents or any other document executed in connection with the Program or Borrower's acquisition of .the Property. 6. Limitations on Sale or Transfer. Borrower agrees that from the date of the closing of Borrower's purchase of the Property, Borrower's ability to sell or transfer the Property shall be limited as follows: fi.1 No part of the Property or any in#erest in the Property may be sold or transferred by Borrower without the prior written consent of Bank and Town, 6.2 In the event Bank and Town consent to any proposed sale of the Property by Borrower, the gross sales price which Borrower may receive (not including any real estate commissions owed by Borrower as part of the transaction) may not exceed: ' 6.2.1 The original price; 6.2.2 Plus an increment equal to 3% per annum of the original price paid by Borrower from the date of purchase (pr'arated at the rate of .25% for each whole month of any part of any year}; mmlatov.fbv 4/14/95 7 ~ ~ ~ 6.2.3 .Plus the value of capital improvements made to the Property not exceeding 90% of the original purchase price paid by Borrower; 6.2.4 Plus assessments made by any homeowner's association or local government which have been paid by Borrower from the date of Borrower's purchase of the Property. 6.3 . Any, transfer of an. interest in the Property shall remain subject to the [imitations on sale or transfer described in this agreement and in the Program Documents and Program Guidelines. However, the following transfers shall be considered as exempt from these limitations under the conditions described below: 6.3.1 A transfer of an interest to a trustee for the beneft of the Borrower or the Borrower's spouse or issue as long as the Borrower remains an occupant of the Property. 6.3.2 A transfer of an interest by Treasurer's Deed pursuant to a sale for delinquent taxes, by a sheriffs deed, by a private or public trustee's deed pursuant to foreclosure proceedings of any nature, or by deed in lieu of foreclosure pursuant to a judgment execution or a foreclosure sale. 6.3.3 A transfer of an interest by the U.S. Department of Housing and Urban Development ("HUD"} after HUD has acquired Title pursuant to a foreclosure of a deed of trust insured by HUD. 6.4 In the event of any transfer pursuant to any of the subsections in Section 6.3 above, all grantees or successors in interest shall still be bound by the terms and conditions of this agreement in the same manner and degree as if an exempt transfer had not occurred. 7. Limitations on Occuoancv and Use. 7.1 Borrower (ar any person to whom Borrower rents or leases the Property) must qualify on a continuing basis under one of the following categories: 7.1.1 An employee of the Upper Eagle Valley who works a minimum of 30 hours per week; 7.1.2 A senior citizen (age 65 or over} who has formerly fulfilled the definition of an employee as established in Section 7.1 above; 7.1.3 A handicapped person; 7.1.4 A dependent of any person fulfilling any of the three categories described above. 7.2 The Property shalt be limited exclusively to provide housing or home ownership for persons who meet the definition of a Qualified Buyer and their immediate families. This restriction shall bind the Property on a continuing basis and shall be effective as to all successors in interest to mmlatov.fbv 4114195 the Property, except that this restriction shall not survive the foreclosure and sale of the Property through administrative or court proceedings. 8. Involunt_ ary Proceedings. Borrower shall be in default under the Loan Documents and under the Program in the event Harrower: 8.9 Fails to pay any amount which becomes due under the Note or the Deed of Trust. 8.2 Fails to comply with any performance obligation under any of the Lnan Documents or the Program Documents. 8.3 Permits any [ten to be asserted against the Property which is not resolved to the satisfaction of Bank or released within 30 days from its attachment to the Property. 8.4 Permits any creditor, governmental agency; person or entity to levy upon or seize the Property under any court or administrative proceeding. 8.5 Damages the Property or permits any uninsured loss or destruction to occur wi#h respect to the Property in a material fashion. 8.6 Seeks to revoke, terminate or otherwise limit Borrower's obligations and compliance duties under the Loan Documents or the Program Documents. $.7 Dies, becomes legally incompetent, becomes insolvent, makes an assignment for-the benefit of creditors, fails to pay debts as they become due, files a petition under the federal bankruptcy Laws, has an involuntary petition in bankruptcy filed in which Borrower is named, or has any personal property which is associated in a material fashion with the Property taken under any writ or process of court or any administrative proceeding. 8.8 Allows goods to be used, #ransported or stared on the Property, the possession, transportation, or use of which is illegal. 8.9 Allows any party other than Borrower to assume or undertake any of the obliga#ians under the Loan Documents or the Program Documents withou# the written consent of Bank and Town.' 8.90 Causes Bank to deem itself insecure due to a significant decline in value of the Property; or if Bank, in good faith, for any reason believes that the prospect of payment or performance by Borrower under any of the Loan Documents is impaired. 9. Right of Tawn to Purchase Loan. 9.9 In the event any administrative or judicial proceeding is commenced for the foreclosure and safe of the Property, or in the event any other action is taken by a third party with any lien or claim against the Property to bring about an involuntary sale of the Property, Town shalt have the right, but not the obligation, to purchase the Loan from Bank and exercise any mmlatov.fbv 4114195 9 remedies or powers which Bank may have under the Loan Documents. It is intended that the right #o purchase the Loan under these circumstances is an important and essential element of this agreement. 9.2 The exercise of this right will permit Town to preserve the pool of dwellings which are part of the Program and enable the Property to be made available for purchase by another eligible resident employee under the Program. Therefore, the right of Town #o purchase the Loan and exercise all rights and remedies of Bank under the Loan Documents should be construed in the most comprehensive fashion in order to accord Town the maximum flexibility under the Program and under the Loan Documents. 9.3 In the event Town elects to purchase the Loan in this situation, Town shall notify Bank of i#s election in writing and shall tender to Bank the outstanding balance of principal and accrued interest owed to Bank under the Loan Documents. Upon acceptance of this amount by Bank, the pledge obligation of the Town with respect to the Loan shall be released, and the Laan Documents shall be endorsed, transferred, assigned and delivered #o Town by Bank without recourse. Bank shall cooperate with . Town thereafter in assisting Town to exercise any right or remedy available under the Loan Documents. 9.4 In the event Town becomes the owner of the Property by exercising its rights and remedies under the Loan Documents in this fashion, Bank will thereafter review and process any subsequent mortgage loan application under the Program from ono#her eligible resident employee with respect to the Property. However, any mortgage loan approved by Bank under these circumstances shall be established as a new and separate mortgage loan under the Program and shall not be related to or affected by the previous mortgage loan in any fashion. 10. Representations and Warranties of Borrower. Borrower represents and warrants to Town and Bank as follows: 10.1 Ail information furnished to Town and Bank concerning Borrower's eligibility for the Program and Borrower's financial condition is complete and accurate as of the date, of such information, and Borrower will promptly notify Town and Bank in writing of any material change in such information. 10.2 Borrower wilt utilize the proceeds of the Loan to purchase a residential dwelling under the Program, and Borrower will comply in all respects with the requirements of the Program during the #erm of the Laan. 10.3 ' Borrower will maintain the restricted status of the Property and will comply with all occupancy, use and resale conditions required by this agreement. Borrower will not take or permit any action or occurrence which might jeopardize or conflict with the restricted status of the Property. 10.4 Borrower will occupy the Property as his or her sole place of residence during the time that the Property is owned by Borrower (subjec# to any rental arrangements approved by Town in writing} and will not engage in mmlatov.fbv 4114195 10 ~' ~" any business or activity upon the Property which is not in conformance with the applicable zoning regulations and the Program Guidelines. 1 t).5 In the event Borrower determines to sell the Property, Borrower shall promptly notify Town and Bank in writing of such infentlon. Borrower may then proceed to sell the Property, but only to a Qualified Buyer and only in accordance with the provisions of Sec#ion B ofi this agreement and in compliance with the Program Guidelines. Borrower will present documentary evidence to the safisfac#ion of Town to show that the Property is being sold for an amount which is not greater than the maximum sale price as determined in Section 6.2 of this agreement, and Borrower will not close the transaction or convey title to the Property until Town has issued a written confrmatian that the proposed sale meets the requirements of this agreement and the Program Guidelines. 11. Representations and Warranties of Town. Town represents and warrants to Bank as follows: 11.1 Town is authorized and empowered to establish and operate the Program. 11.2 All appropriate municipal authorizations and resolutions have been adopted and executed to enable Town to enter into the Program Documents and to execute this agreement. 11.3 Town is authorized by its Charter or other inherent powers to provide financial accommodations to Borrower and to assign deposit account funds in the manner provided by this agreement. 12. Representations and Warranties of Bank. Bank represents and warrants to Town as follows: 12.1 Bank is authorized and empowered to make loans under the Program Guidelines and to enter into the Program Documents and this agreement. 12.2 Bank is a Colorado chartered supervised lender and is regulated by the Colorado Division of Banking as well as the Federal Deposit Insurance Corporation. 12.3 The deposits maintained at Bank are insured by the Federal Deposit Insurance Corporation to the extent provided by applicable law, 13.. Miscellaneous. 13.1 Severability. The invalidity or unenforceabi[ity of any one or more provisions of this agreement shall in no way affect any other provisions. 13.2 Counterparts. This agreement has been executed in severs[ counterparts, any one of which may be deemed an original Signatures pages bearing facsimile signatures shall be received in Geu of original signatures, and such copies taken together shall be deemed to be a full and complete agreement between the parties. mmlatav.fbv 4114195 11 ' ~ ~ ~' 13.3 Entire Arareement. This agreement embodies all written and oral negotiations between the parties and may not be amended except in writing executed by alt parties. 13.4 Notices. Ali notices shaft be in writing and sha!! be deemed to have been given when presented personally, sent by facsimile transmission, or when deposited in the United States mail, certified mail, return receipt requests, addressed as follows r<or as contained in any amendments hereto): Bank: FirstBank of Vail ' Attn; Mark Ristow 17 Vail Road Vain, CO 81657 Facsimile No. 303-479-0585 Town: Town of Vaif Attn: R. Thomas Moorhead, .Town Attorney 75 South Frontage Road Vail, CO 81657 Facsimile No'. 303-479-2157 Borrower: Facsimile No. Town of Vai! Borrower By: FirstBank of Vail By; mmlatov.fbv 4114195 12 From: Norman R. Hahrig To: Tom Moorhosd game and address of Borrower{s} fiats: R/i4/g5 Tima: 13:33:54 Deposit Account Assignment and Securi#v Agreement Loan No.: Principal Amount: $ Maturity Date: Lender: FirstBank of Vaii 17 Vail Road Vail, C0 89657 Assignor: Town of Vail 75 So. Frontage Rd. Vail, GO 81657 This assignment and security agreement (the "Agreement") is entered into this _ day of 998, by and between Firstsank of Vail, astate-chartered banking corporation {"Bank"} and the Town of Vail, a Colorado municipal corporation ("Town"). Recitals Page 2 0l 3 A, in connection with Town's current Residential Employee Mortgage Loan Program (the "Program"), Town has agreed to provide fnancia! accommodations to Bank as an incentive far Bank to make mortgage loans to qualified borrowers under the Program. B. Under the terms of the Program documents and the Master Mortgage Loan Agreement, each mortgage loan will be partially collateralized by an assignment from Town of deposit account funds maintained at Bank in the amount of ten percent of the purchase price of the rea! property which is being purchased with the mortgage Ivan proceeds. C. This Agreement is intended to provide for the assignment of the requisite deposit account funds to Bank as collateral for the mortgage loan described above {the "Loan"). Accordingly, the parties agree as follows: 9 . Assignment, Town assigns and grants a security interest to Bank in the entire interest of Town to funds maintained in the name of Town in money market account number (the "Account") at Bank to the extent of $ {the "Assigned Funds"). 2. Use of Collateral. The Assigned Funds have been pledged to Bank as callateral for the repayment of the Loan. Bank shall have the right to debit the Account and utilize the Assigned Funds in the event of any default by the borrower{s} under the Loan. The Assigned Funds shall remain as collateral for the Loan until the Loan is repaid in full or the Assigned Funds are released by Bank in accordance with the #erms of the master Mortgage Loan Agreement. The Assigned Funds may not be drawn or utilized by Town in any fashion during the term of this agreement. 3. Interest. Unless all or any portion of the Assigned Funds are removed from the Account by Bank, interest will continue to accrue on the Assigned Funds at the-rate which has otherwise been agreed upon between Town and Bank. interest shall nat accrue on any Assigned Funds which are removed. from the Account by Bank for any purpose. tovdaasa.fbv 4/14195 Exh~liit B From: Norman H. Halwig 7a: Tom Moortiwad Data: 4114lg5 Time: 73.34:6 _ Pagw 3 of 3~ 4. Representations of Tawn. Town represents and warrants to Bank that: 4.1 Town has not made any prior assignment or transfer of the Assigned I/unds. 4.2 Town has not withdrawn, cancelled, been repaid, or redeemed alt or any part of the Assigned Funds. 4.3 There is no pending application or instrurr-ent for the withdrawal, cancellation, payment, or redemption of the Assigned Funds. 4.4 The Town shall not, at any time during which the Loan is outstanding, assign, transfer, withdraw, cancel, redeem, or seek any payment or advance from the Assigned Funds. 5. Authority of Bank. In the event of any payment or performance default under the Loan which has continued for a period of mare than 30 days, Town authorizes and empowers Bank, either in its own name or in the name of Town, to: 5.1 Charge or debit the Account for any portion of the Assigned Funds which represent an unpaid baiance owing under the Loan. 5.2 Demand, collect, and receive payment of any and all sums or proceeds due or to become due as the result of the deposit of the Assigned Funds in the Account. 5.3 Deaf in all respects with the Account as the holder thereof. 5A Pay any portion or all of the Assigned Funds to Bank or its order. Executed by the parties on the day and year described above. Firs#1Bank of Vail Town of Vail By: sy: tovdaasa.fbv 4114195 2 ~~ # i ! THE TOWN 0~' VAIL DEED RESTRICTIONS AND GUIDEI,Ii`1ES FOR TXPE . A EMPLbYEE HOUSING UNITS Effective Niay , 199 Exhibit C i. PURPOSE The purpose of the Type A Employee Housing Unit is to enable individuals to purchase primary residences within the Town of Vail. One of the goals and requirements Ois the deed restrictions is that the residence be owner occupied. Renting the residence is allowed in extenuating circumstances only, as described in Section IV below. Additional information pertaining to the Type A Employee Housing Unit deed restrictions can be found in the Type A Employee Housing Unit "occupancy and Resale Deed Restriction and Agreement" (deed restriction}. The purpose of the Type A Guidelines is to set forth the requirements and res#rictions for those dwelling units throughout the Town of Vail that are purchased via the mortgage guarantee program or the mortgage credit certifica#e program. These two programs can be used individually or can be combined by potential homeowners. At the time ofi closing, if either program has been utilized, the owner must sign the Type A deed restriction which will run with the property in perpetuity. 11. RESALE RESTRICTIONS In the event that an owner desires to self the Type A Employee Housing Unit, the owner may do so provided that the resale price and prospective purchaser meet the standards of the Type A Guidelines and deed restriction. Resale price may nat exceed: A. The original price; B. Pius an increment equal to 3% per annum of the said purchase price from the date of purchase (prorated at the rate of 0.25°I° for each whale month of any part of any year); C. Plus the value of capital improvements (including professional fees) made to the Employee Housing Unit not exceeding t0% of the original purchase price. For every ten years from the date of original purchase and deed restriction, another ten percent of the purchase price may be added to the value of the property for capital improvements; D. plus the value of any special assessments made by a homeowner's association or by a local government that have been paid by the owner. Additional details regarding resale value as well as calculation methods are provided in the deed restriction. ill. PURCHASE CR1TERiA Individuals desiring to purchase an employee housing unit shall receive preference and be prioritized according to the order of the criteria listed below. Units with the highest offers of equal amounts and equal priority status shaft be placed in a Pottery which wilt be held within a reasonable amount ofi time following the deadline for bids. A. Highest offered price below or equal to stated maximum. The Housing Authority, Town of Vail or owner reserves the right to reject any and al! offers. fn addition, the Town may set a minimum offer price, below which no offers will be accepted. ~. Individuals with the longest c~ecutive record of employment within'tfie Town of Vaii boundaries. C. individuals with the longest consecutive record .of residency within the Town of Vail boundaries. D. Individuals who reside and are employed outside the Town of Vail boundaries but within the Gore/Eagle Valleys. IV. OCCUPANCY REQUIREMENTS Once a Type A Employee Housing Unit has been purchased, it must continue to be occupied in a manner which is consistent with the goals and policies of the Town of Vaii Housing Program. The Type A Employee Housing Unit must be owner occupied by: •An employee, working in Eagle County who works a minimum of thirty hours per week, and the employee's spouse and children. •A retired individual, sixty years or older, who has worked a minimum of five years in Eagle County for a minimum of thirty hours per week, and his or her spouse and children. Other regulations pertaining to occupancy are 'as follows: A. A leave of absence may be granted #oi• one year, subject to clear and convincing evidence, which establishes a reason for leaving and a commitment to return to the Vaii/Eagle County area. Said evidence shall be in written form presented to the Town 30 days prior leaving. The leave of absence shall be for one year and may, at the discretion of the Town, be extended for one additional year, but in no event shall such leave of absence exceed two years, The unit may be rented during said year or years to residents who comply with the above occupancy requirements. After verification and qualification ofi tenant(sj, a copy of the executed lease shall be furnished to the Town. B. If the Type A Employee Housing Unit is fisted for sale, the unit may, upon approval of the Town, be rented to' residents who comply with the occupancy requirements. A letter must be sent to the Vail Housing Authority requesting permission #o rent the unit until sold. A minimum six (6) month written lease must be provided to the tenants with a sixty (60j day move out clause upon notification that the unit is said. C. Cosigners may be allowed but shall not occupy the unit unless the occupancy requirements of this section are met. D. if an individual owns a local residence when purchasing an employee housing unit, the individual must agree to restrict the residence as a Type A Employee Housing Unit as provided in the deed restrictions or sell the residence. The residence must be listed for sale within ninety days of purchasing the employee housing unit and must be sold within one year of closing. 2 E. If an individual awns vacant land when purchasing an empbyee housing unit, as soon as the land is improved with a residence, the individual must sell the employee housing unit yr agree to restrict the new unit as a Type A Employee Housing Unit, as provided for in the deed restrictions. V. ANNUAL VERIFICATION AND PENALTIES FOR VIOLATION A. No later than February 1st ofi each year, the owner of the restricted employee housing unit shall submit two copies of a report, on a form to be obtained from the Community Development Department, to the Town of Vail Housing Authority and the Town of Vail Community Development Department verifying #hat the dwelling unit continues to be owner occupied,. that it has been occupied in accordance with Section IV of these guidelines; that the occupant has worked thirty hours per week for the previous year, and the location of where the occupant has worked. B.. !f the Town determines that there has been a violation of the occupancy standards, the owner of the restricted employee housing unit shah be found to be in noncompliance. Penalties the Town may assess against the owner include eliminating resale gain, andlor penalties found in the Town of Vail Municipal Cade Section 1.01. ~ 00. Any misrepresentation by an appiican# in submittal material shall disqualify the applicant. Vi. SUBMITTAL REQUIREMENTS The applicant shall provide (upon request by the Town) any combination, or ail, of the following documentation as proof of residency, employment and income: A. Federal Income Tax return forms. Applicant must provide the last four (4) years of Federal Income Tax Returns, an audited financial s#atement, or acceptable documentation to the Town. B. Verification of current employment or jvb commitment in Vail or Eagle County (i.e., wage s#ubs, employer name, address and phone number or other appropriate documentation as requested by the Town}. C. Landbrd verification (proof of residency, physical address}. D. Valid Colorado Driver's License (address, issue date}. E. Voter registration. Please note that voter registration must be updated within thirty days of closing. F. Deposits for down payment shall be verified by the holder of such funds. G. Any co-ownership interest other #han joint tenancy or tenancy-in-common must be approved by the Town. 3 H. Signed authorization from the applicant allowing the Town of Vaii to discuss details with applicant's employer. 1. Any documentation which the Town deems necessary to make a determination. Vl1, FORECLQSURE The Town of Vail (the "Town"} may, pursuant to an agreement entered into in connection with any first lien deed of trust or mortgage to be secured by the affordable housing unit, agree to release and waive their ability to enforce the resale restrictions contained herein, in the event ofi foreclosure, provided. that such agreement grants to the Town Council and Authority, the option to acquire the affordable housing unit within 30 days after the expiration of the statutory redemption period for an option price not to exceed the redemption price on the last day of the redemption period. The following option provisions shat! be included in loan documents, or in a separate agreement entered into in connection with loan documents, and shall be executed by the lender, the Town Council, and the Authority. !n the event of a foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust or mortgage on the affordable pausing unit, and subject fo the issuance of a public trustee's or sheriffi's deed to the holder following the expiration of the borrower's redemption rights, the Housing Au#hority of the Town of Vail ("Authority"} and the Town Council of the Town of Vaii, Colorado (the "Town Council'"} shall have tpe option to purchase the affordable pausing unit which shall be exercised in the following manner: A. Notice. The polder spell give notice to the Authority and the Town Council teat a certificate of purchase with respect to the affordable housing unit has been issued to said holder by tpe Public Trustee of Eagle County. Such notice will be given within f 0 days of tf~e issuance of the certificate. Notice shall be deemed given upon being placed in the U.S. Mail, First-class postage prepaid, and addressed as follows: Town lUlanager, Town of Vaii 75 S. Frontage Road Vaii, CO 81657 Chairman, Housing Authority of the Town of Vail 75 S. Frontage Road Vail, CO 81657. B. First Option. The Town Council shall have f 5 days after the expiration of the borrower's statutory right to redeem in which to exercise its option by tendering to the polder, in cash or certified funds, an amount equal to the redemption price wpicp would have been required of the borrower on the last day of the redemption period. 4 a • t C. Second Option. The Authority shall have i5 days after the expiration of the Town Council's option as se# forth above to exercise its option #o purchase the affordable housing unit by tendering to the holder, in cash or cer#ified funds an amount e~ua! to the redemp#ion price which the borrower would have been required to pay an the last day of the ' redemption period. D. Title. Upon receipt of the option price, the holder shalt deliver to either the Authority or the Tawn Council a special warranty deed, conveying the property to of#her the Authority or the Town Council. Title shall be merchantable, free and clear of liens and encumbrances which would render title unmerchantabfe. In the event that neither the Authority or the Town Council exercise their respective options as provided above, the Authority and the Town Council shall cause to be recorded in the records of the Clerk and Recorder of Eagle County, a full and complete release of the covenants restricting such unit to Affordable Housing use which appear in said records in Book ( )Page ( ). Such release shall be placed of record within three days after demand therefore by the holder foNowing. the expiration of the options. 5 C} ? - t ~I ` ..~ V- RESOLUTION N0.13 Series of 1995 A RESOLUTION MODIFYING THE TOWN OF VAIL LAND USE PLAN, CHANGING THE LAND USE DESIGNATION OF THE FOLLOWING LAND; 1) UNPLATTED LAND SOUTH OF COURTSIDE TOWNHOMES FROM MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE, 2J UNPLATTED LAND SOUTH OF LOTS 1-4, BLOCK 2, BIGHORN 1ST ADDITION FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE, 3) STREAM TRACT DIRECTLY EAST OF THE LEDGES AT 2891 BIGHORN RD FROM MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE, 4) STREAM TRACTS 8 & E, VAIL VILLAGE 11TH FILING FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE, 5) TRACT B, VAIL VILLAGE 12TH .FILING FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE, 6J TRACT F, VAIL VILLAGE 7TH FILING FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE, 7) TRACT A, LOTS 9, 10, 11, VAIL VILLAGE 10TH FILING FROM LOW DENSITY RESIDENTIALTO OPEN SPACE, 8) TRACT J, VAIL VILLAGE 2ND FILING FROM MEDIUM DENSITY RESIDENTIAL TO PUBLIC SEMI- PUBLIC, 9J LOT 20A, BLOCK 7 VAIL VILLAGE 1 ST FILING FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE, 10) TRACT A, VAIL LIDNSHEAD 2ND FILING FROM RESORT ACCOMMODATION AND SERVICE & TRANSITION AREA TO OPEN SPACE, 11) TRACT A, VAIL VILLAGE 2ND FILING FROM TRANSITION AREA TO OPEN SPACE, 12) TRACT C, VAIL LIDNSHEAD 2ND FILING .FROM MEDIUM DENSITY TO OPEN SPACE, 13) TRACT B, VAIL LIDNSHEAD 1ST, 2ND, AND 3RD FILING FROM TOURIST. COMMERCIAL & UNDEFINED AREA TO OPEN SPACE (EXCLUDING VAIL ASSOCIATES OWNED PROPERTY) 14) LOT 10, BIGHORN SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, conditions in the Town of Vaii have changed since the Land Use Plan was originally adopted; and' WHEREAS, the proposed Land Use Pian modification is in concert with the policy and goals of the Vail Land Use Plan and Comprehensive Open Lands Plan to protect the quality of the environment; to protect open space; and to allow for the quality of development to be maintained and upgraded whenever possible; WHEREAS, the present Land Use Plan designations for parcels identified above as 1-7 and 9.13 were made in error since they are in the 100 year floodplain, wetlands, andlor have significant geologic and snow avalanche hazards making them inappropriate for residential or commercial development. WHEREAS, the present Land Use Plan designation for Parcel 8, Tract J (Medium Density Residential) was made in error since a structure which is used for religious services exists on the site and the designation is inconsistent with the zoning as it is currently zoned Agriculture Open Space. WHEREAS, the Town Council desires to make zoning changes to these properties to pro#ect sensitive open space areas and to address inconsistencies between actual land uses and zoning. WHEREAS, this proposed amendment and modification to the Land Use Plan is necessary to proceed through the process to rezone the properties. r ,. `~ R~ ~ ~ NOW, THE BEFORE, BE 1T RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town Council finds the procedures fior amending the Land Use Plan, as set forth in Chapter VIN, Sectfan 3, of the Land Use Plan have been satisfied. 2. The Tawn Council hereby makes the following amendments to the Land Use Plan to change the Land Use Designation shown an Figure 3E (East Section Map): 1) Unplatted land south of Courtside Tawnhomes from medium density residential to open space, 2) Unplatted sand south of Lots i-4, Block 2, Bighorn 1st addition from low density residential to open space, 3) Stream tract directly east of the Ledges at 2891 Bighorn Rd. from medium density residential to open space, 4) Stream tracts 8 & E, Vail Village 11th Filing from law density residential to open space, 5) Tract B, Vail Village 12th Filing from low density residential to open space, 6) Tract F, Vaii Village 7th Filing #rom low density residential to open space, 7) Tract A, tots 9, 10,11, Vail Vi{loge 10th filing from low density residential to open space, 8) Tract.!, Vail Village 2nd Filing from medium density residential to public semi-public, 9) Lot 20A, block 7 Vail Village 1st Filing from law density residential to open spaoe, 10) Tract A, Vail Lianshead 2nd f=iling from resort accommodation and service & transition area to open space, 11) Tract A Vaii Village 2nd Filing from transition area to open space, 12) Tract C, Vail Lionshead 2nd Filing from medium density to open space, 13) Tract B, Vail Lianshead 1st, 2nd, and 3rd Filing from tourist commercial & undefined area to open space (Excluding Vai! associates owned property). . 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this ~, day of 7vn p, 1995. ~.r - --~ m~rgarei ~r:rOsterfoss, Mayor ~ SEAL ~A- Town Clerk ~ C:IRESOLU95.13 ~~~//,~CD~Q~~10 2 ,~ ~-- . ~roy~ ro <a ~ a~6 cn I ro~ a o m x a. ~~~ m C} ~' ~' D ~~ ~' m o c c`u 3~~ m~ c ~ a~ D o Q Q c /~ o. ~ Q ~ -~ o~~ o Q~ D z ~ ~' ~, ro0 G ~ ~ ~ v'7 (D y Q D' m Q. ~p ~ Z o ~ ~ Q ~~ ° n ~ ~ o ~ ° c° m o Q Q a ~ a ~ a ro ~ ~ o ~ o ~ ~ ~ ~ ~ ~ ,~ 0 O ro ~~ a Q~~~ a o ~~ ~ Q ~ ~ ~ ~< _ ~. ~ ~' (7 v' ~ v, Q Q, cn (D p O ~~ ~ ~ ~ Q ~ ~ ~ ~ Q 4 j ~ (gyp ~ ~ ~ Q ~ a Q ~ ~ ~ cD ~ ~ n ~ ~ ~ ~ (D ~ ~~ ~~ f~~~~om~mmo~ro~-< ~ ~QI o~ maw am ~y oc~ Q~,~~~~~~ ~.o~g ~~ I`¢~ Q~om~°°c-n~~ '~~D Q n o ~~~o~~~o~ ~QO~~ ~~ n ° ro~ y a ro Q Q~~~ o~ o ~m m a.< m ~ ~'~ o ~ ~ o: c-o ° ~ro~~°-mo~`~roo~a~~ C3' Q ro. ~ cn '~ 3 ~ O n c ~ ~ -F ~ ~ roro~Q Z ~ O ~`~O Q Q ~ ~ ~ a c~D N ~ ~ ~ W _~ V1 O Q: n Q Q 0 ~ n~ ~. ~ p 0 cn `p Q ro O cD O p p w C (? 7 m IN O 7 ~ ~ ~ ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ If j ~ o Q ~ ~ ~ ~ ~,Q g ~-QQ ~. 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'14 Series of 1995 A RESOLUTION ADOPTING THE VAIL NONPOINT SOURCE WATER QUALITY MANAGEMENT PLAN AND S~ i i ING FORTH DETAILS IN REGARD THERETO. WHEREAS, water quality in Gore Creek and it's tributaries has been found to be negatively impacted by urban runoff; and WHEREAS, the Town of Vai! obtains its drinking water supply from alluvial wells which draw water from Gore Creek; and WHEREAS, Gore Creek and it's tributaries are a critical natural resource which provide valuable habitat far aquatic life; and WHEREAS, Gore Creek and it's tributaries are a critical aesthetic feature and valuable for maintaining the alpine character of Vail; and WHEREAS, the Vail Nonpoint Source Water Quality Plan will provide a direction and specific actions to protect and enhance water quality and the aesthetic value of Gore Creek and its tributaries. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: The Town Council hereby adopts the Vail Nonpoint Source Water Quality Plan and directs staff to implemen# the recommendations in the Plan as are practical and feasible. INTRODUCED, READ, APPROVED AND ADOPTED this f~ day, of~, 1995, ~ c~~ Marg et A~.~Osterfoss, Mayor \`~\`O~N~uo-~1~ri~ r~~~ ~ ~9i~'44 d Lori Aker, Dip t~/'1'dtlvr~C~r ,., .. ] ~~~~ f :lev a ryon e1o rdVe s 14, rf Resolution No. 14, Serles of 1995 • ~ i RESOLUTION N0.15 Series of '! 995 A RESOLUTION TO PERMIT THE VAIL VALLEY CONSOLIDATED WATER DISTRICT TO CREATE 3.2 ACRES OF WETLANDS ON THE EASTERN PORTION OF KATSOS RANCH PARK AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail VaAey Consolidated Water District is required by the U.S. Army Corps of Engineers as part of the Section 404 permit for Black Lakes Reservoir #1 to create 3.2 acres of wetlands; and WHEREAS, the eastern portion of Katsos Ranch was originally a wetland and was disturbed through development in East Vail and the construction of I-70; and WHEREAS, wetlands provide a valuable function by providing wildlife habitat, filtering out water pollutants, and moderating the impacts of runoff and flood events; and WHEREAS, the creation of 3.2 acres of wetlands an the eastern portion of Katsos Ranch would benefit the Town of Vail by reestablishing wetlands in a area where they once existed, improving wildlife habitat, and fiiltering pollutants out of runoff in the area; and WHEREAS, the Town of Vail benefits by an improved water supply and reduced frequency of minimum instream flow deficits through the development of the Black Lakes 1 Reservoir, and WHEREAS, the Vail Environmental Strategic Plan and,Land Use Plan identify that a goal of'the Town is to enhance environmental quality. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: The Vail Valley Consolidated Water District is hereby permitted to create 3.2 acres of wetlands on the eastern portion ofi Katsos Ranch, INTRODUCED, READ, APPROVED AND ADOPTED this ~ ~ day of..~v1u, 1995. J f~ ~ '-" ' ~ ~c9~v3 ~O`~ ti~ F~ro~~ nti~~~~,'~. Margaret A. Osterfoss, Ma or cam, ~~ ~ ~~ 1~ . ~ i~ ,.. .a ~ Lori Aker, Deputy Town Clk ~/ ,~ ~iG~'Ol flR A~~~~\ f:\everyonelordtires 15.r1 Resolution No. 15, Series oS 1995 • • • RESOLUTION NO. 16 SERIES OF X995 A RESOLUTION ADOPTING A TOWN OF VAIL DEFERRED COMPENSATION PLAN AND TERMINATING THE DEFERRED COMPENSATION PLANS WITH GREAT WEST AND ICMA WHEREAS, the Town of Vail established a deferred compensation plan in April of 1981; and WHEREAS, there has been available to employees the opportuni#y to participate in the ICMA and Great West Deferred Compensation Plans; and WHEREAS, the Town of Vail has determined that the establishment of a Town of Vail Deferred Compensation Plan and the termination of participation in ICMA and Great West Deferred Compensation Plans will provide a program with better returns at a reduced cost. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Town of Vail adopts the deferred compensation plan to be known as the Town of Vail Deferred Compensation Plan and appoin#s the Town of Vail Pension Board to serve as administrator thereto. 2. The Town of Vail hereby authorizes the Pension Board and Town Manager to execute all necessary documents to establish the Town of Vail Deferred Compensation Plan. INTRODUCED, READ, APPROVED AND ADOPTED this ~ day of July, 199'1. ~, ~~~~ Margar A. Osterfoss, Mayor ~ ATTEST; ~`~~o~1N°~~OFrrrlY/9i`~''% '~ {~~(. ~ Lon Aker, Deput~T wn ~erTc ~~,~'','','`C,~LOiRAQOa~ C:IRE50 W 94.18 i t ResoluFipn 1Vo. 16, Sefies of 1995 ~~~ _ ~ _ ~~ RESOLUTION NO. i7 Series of 1995 A RESOLUTION COMMENDING SALLY BRAINERD FOR HER CONTRIBUTIONS TO THE DESIGN REVIEW BOARD - WHEREAS, Sally Brainerd has generously and enthusiastically contributed two years of service to the Design Review Board; and WHEREAS, Sally Brainerd has offered many hours of community service on other Town committees; and WHEREAS, Sally Brainerd has contributed her time to community service; and WHEREAS, Sally Brainerd has been an outstanding, dedicated member. NOW, THEREFORE, BE' lT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, publicly goes on record as commending Sally Brainerd for her many contributions to the community and does convey this evidence of our appreciation in the form of this Resolution. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of August, 1995. Mar ret A. Osterfoss, Mar ATTEST: ~91L- Lori Aker, Deputy Town Clerk RESOLUTION N0.18 SERIES OF 1995 A RESOLUTION DECLARING SEPTEMBER Z - 4;1995 AS THE FIRST ANNUAZ VAIL JAZZ PARTY WEEKEND WHEREAS, THE FIRST ANNUAL VAIL JAZZ PARTY will be held on September 2, 3, and 4, 1995 at Vail, Colorado with performances by twenty-eight of the world's greatest jazz musicians; and WHEREAS, the Town of Vail welcomes alI of these highly talented and gifted musicians who have traveled so far in order to assist in the establishment of the Vail razz Party as a world class jazz event; and WHEREAS, in order to commemorate the inaugural Vail Jazz Party it is hereby declared; NOW THEREFORE, BE TT RESOLVED by the Town Council of the Town of Vail, Colorado, that the people of Vail do hereby declare the weekend of September 2nd through 4th, 1995, to be THE FIR5T ANNUAL VAIL JAZZ FARTY WEEKEND. INTRODUCED, READ AND APPROVED AND ADOPTED THIS day of August, 1995. ATTEST: •~ _- Lori Aker, Deputy Town Clerk' tX . ~ Margret A. Osterfoss, Mayor ,,~•~o~yN OF ygil ~E~,L Resolution No. i8, Series of '1995 • • RESOLUTION N0. 19 Series of 1995 A RESOLUTION DESTGNATTNG CHRISTINE B. ANDERSON, CONTROLLER, AS AN ADDITIONAL SIGNER ON THE TOWN OF VAIL'S CHECKING ACCOUNT #229-570--0337 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 for funds of the Town; and WHEREAS, the Town wishes to designate Christine B. Anderson as a signer on the Town of Vail's checking account #229-570-0337. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: ~,. Christine B. Anderson is hereby designated as a signer far the checking account for the funds of the Town of Vail. 2. Robert McLaurin, Manager; Pam Brandmeyer, Assistant Manager; R. Thomas Moorhead, Attorney; and Steve Thompson, Finance Director; are currently authorized to sign on the checking account for the Town of Vail. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of August 1995. ATTEST: Lori Aker, Deputy ~i Clerk f: P i ~,~ ~ , ~.. .~,~' ~ C ~--~ Mar aret Osterfoss,~iayor i ~ • RESOLUTION N0. 20 Series of 1995 A RESOLUTION DESIGNATING AN IMPREST CHECKING ACCOUNT FOR LIBRARY DEPOSIT TRANSACTIONS FOR THE TOWN OF VAIL WITH CAROL FOX, SUSAN BOYD, WALTER INGRAM, KATIE LAUBENGAYER, AND KELLY MACRAE, AS THE DESIGNATED SIGNERS ON THAT ACCOUNT, PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STA'L'E OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate opening an additional checking account with Firstbank of Vail with Carol Fox, Susan Boyd, Walter Ingram, Katie Laubengayer, and Kelly Macrae, as signers on this account. NOW, THEREFORE, BE IT RE50LVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Carol Fox, Susan Boyd, Walter Ingram; Katie Laubengayer, and Kelly Macrae, are hereby designated as signers for the checking account for the funds of the Town of Vail. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APFROVED AND ADOPTED this 15th day~of August 1995. ATTEST: I' 1.". "~,',,;~,,,,..,~,. Lori Aker, Deputy To~•Clerk ~EA~, .~ -~ ~. 4~''4~ir,~ fCL t? ~ . . ~..., ~~ ~. Marga t Osterfoss, May • • RESOLUTION NO.21 SERIES OF 1995 A RESOLUTION AMENDING THE TOWN OP VAIL DEFERRED COMPENSATION PLAN. WHEREAS, the Town of Vail established a deferred compensation pian in April of 1981; and WHEREAS, on July 1$, 1995 the Town of Vail terminated the ICMA Deferred Compensation Plan that had been established on December 18, 1984, and decided to cease using Great West for new con#ributions for the Town of Vail Deferred Compensation Plan and to use new investment providers far the Town of Vail Deferred Compensation Plan; and WHEREAS, a review of the Town of Vail Deferred Compensation Plan's plan document revealed that the definition of eligible employee did not accurately reflect their intent. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: The Town of Vaii Deferred Compensation Pian be amended by deleting Section 7.02 of the Plan in its entirety and replacing it with the following: "7.02. EMPLOYEE means any person, excluding independen# contractors and seasonal employees, who performs services far the Employer as a regular full- time Employee and who receives compensation from the Employer for the services performed." INTRODUCED, READ, APPROVED AND ADOPTED this ..,.~ day of ~mc~Pil 1995. i~f~,11~A/`~ ~ ~ ~ ~a n f1~ ~ { r~- Marga~t A. Osterfoss, May ATTEST: ~ E A ~ Q~ /~ //14 Lori Aker, Deputy Town"~' C:IRESOt.U94.21 ResalutEon No. 21, Series of 1995 ~ ~ s RESOLUTION N0.22 SERIES OF 1995 A RESOl.UTlON APPROVING AND AUTHORIZING THE ACCEPTANCE OF A SETTLEMENT AGREEMENT AND RELEASE IN CIVIL ACTION N0.93-CV-88, THE TOWN OF VAIL V5. CHEVRDN USA, INC. AND AMOCO OiL COMPANY WHEREAS, the Town Council authorized the commencement in the District Court, County of Eagle, State of Colorado, Civil Action No. 93-CV-88, the Town of Vaii vs. Chevron USA, inc. and Amoco Oii Co. on or about March 19, 1993; and WHEREAS, a settlement agreement has been reached which in its principle part causes Chevron to remediate any ground water contamination; and WHEREAS, the agreement provides that the Town of Vail will assume responsibility for any state required remediation of any sal contamination now existing on the Old Town Shop lot. NOW, THEREFORE, be it resolved by the Town Council of the Tawn of Vail, Colorado, that: ~ . The settlement agreement and release in the Town of Vaii vs. Chevron USA, Inc. and Amoco Oil Co. attached to this Resolution as Exhibit A is hereby approved and adopted. 2. The Town Manager and the Town staff are hereby authorized to take ail actions necessary to implement this settlement agreement and release. 3. ~ This Resolution shall take effecf immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this .ri day of September, 1995. ~F ~ ~''~%, Margar~A. Osterfoss, May ~~ ~~. ATTEST: ~ S E ~ ~ n / ~1 , S Lori~Aker, Deputy~~'f.~,,,,,,,,,,,,,,, C:IRESOLU94.22 ~ ~ SETTLEMENT AGREEMENT AND RELEASE 1. PARTIES: a. The Town of Vail ("Town"), a home rule municipality organized under the laws of the State of Colorado. b. Chevron USA, Inc. ("Chevron"), a Pennsylvania corpora- tion, having its principal place of business at San Francisco, California. c. Amoco Oil Co. ("Amoco"), a Maryland corporation, having its principal place of business at Chicago, Illinois. 2. EFFECTIVE DATE: The effective date of this agreement is February 10, 1994. 3. RECITALS: a. The Town owns a parcel of property situated at 890 South Frontage Road in the Town of Vail, Colorado (the "Town Site"). Amoco owns the adjacent property located at 934 South Frontage Road; that parcel was earlier owned by Chevron {the "Chevron Site"). A creek runs along the southern edge of both properties. b. 0n or about March 19, 1993, the Town commenced an action in the District Court, County of Eagle, State of Colorado, Civil Action No. 93~-CV-88, captioned as follows: The Town of Vail v. ___ Chevron USA, Inc. and Amoco Oil Co. alleging generally that the release of petroleum products stored on the Chevron/Amoco property had contaminated. soil and groundwater on the Town Site. Chevron and, Amoco answered the complaint filed by the Town, denying lia= bility. ~ . c. The parties desire to settle all claims between the Town on the one hand and Chevron and Amoco on the other relating to soil and groundwater contamination on the Town Site and any damages, ex- penses or costs related thereto. 4. AGREEMENTS: a. Chevron will, at its sole cost and expense, undertake all reasonable steps to remediate the groundwater contamination now existing on the Town Site to the standards required by the Colorado Department of Health or the State Oil Inspector ,(the "State") whether the requirements are pursuant to the State of Colorado Basic Standards for Groundwater, which are currently codified at 5 C.C.R. 1002-8 (3.11.0}, another regulation or an order (the "Stan-- dards"}. The Standards now require remediation of the benzene in • c. In order to remediate the groundwater, Chevron will need to extend the groundwater remediation system currently on the Chevron Site to the Town's Site. A third party has discussed with the Town the possibility of using the Town Site to access property across the creek, which will require the construction of a bridge on the Town Site. The discussions are preliminary in nature. The Town will provide Chevron with whatever information, if any, is in the Town's possession concerning the location of the propased bridge across the creek and•the associated access road so that the groundwater remediation system can be designed and constructed in a manner to avoid damage from the construction of the road and bridge and from the use of the road and. bridge by vehicles and heavy equipment and Chevron sha11 so design and construct the sys- tem. To the extent the Town has waived its sovereign immunity,. the Town shall be responsible for any damages to the groundwater re- mediation system caused by the negligence or the willful acts of its employees and agents. The Town shall have no responsibility for any damages caused to the groundwater remediation system by its independent contractors. As to the third party that may construct a bridge on the Town Site, the Town shall have no responsibility for any damages caused to the groundwater remediation system by the third party so long as the Town conditions any agreement of access to build and use such a bridge on the third party's agreement to indemnify Chevron for cost of system repair or replacement occa- sioned by such use or construction. d. The groundwater remediation system shall be designed to allow for the use of the property by vehicles and heavy equipment. Chevron will provide the Town a reasonable amount of time to review and comment on Chevron's propased design far the groundwater reme- diation system to be. constructed. Chevron will pay the Town's rea- sonable technical consultant costs, if any, for that review. The Town shall have no liability far damage to the system unless such damage results from willful or negligent conduct by the Town. Once the groundwater remediation ,system is constructed on the Town's 5ite,•Chevron will deliver to ,the Town three sets of "as built" drawings for the system: The Town, its employees, agents and inde- pendent contractors shall be entitled to rely on the accuracy of the drawings in conducting any excavation or other activities on the Town's Site. e. ,The Town hereby grants to Chevron a limited, non-exclusive license to enter ugon the Town's. Site for the following purposes only: 1. to construct, install, maintain, inspect, test, operate and abandon wells and associated equipment; and 2. to maintain, inspect, test, operate and abandon those certain groundwater monitoring wells currently located on the Town's Site. _~_ I~ 9 monde of any nature arising out of or relating to: (1} the ground- water contamination now existing on the Town Site; and (2) any ac- tivities conducted on the Town's Site pursuant to this Agreement by Chevron, its directors, officers and employees, its agents, or its independent contractors. m. Except for the specific undertakings assumed by Chevron under this Agreement, this Agreement is not intended to define any rights or liabilities between Chevron and Amoco relating to the subject matter of the Civil Action, Chevron and Amoco agreeing that those rights and liabilities are defined in other written agree- ments between-them. n. Chevron has advised the Town of an agreement between Amoco and Chevron concerning any future releases at the Chevron Site. No obligation of Amoco thereunder to respond to future re- leases will relieve Chevron of its obligation to the Town to per- form the remediation contemplated above, nor does the agreement between Amoco and Chevron create any duties or rights between Amoco and the Town. o. Within five (5) days of all parties executing this Agree- ment, the parties shall file a Motion and Stipulation for Dismissal With Prejudice in Civil Action No. 93-CV-88, providing that all parties will bear their own costs, expenses and legal fees. The parties hereto authorize and instruct their attot~neys of record to' file all documents necessary for the entry of an order of dismissal 'with prejudice of Civil Action No. 93-CV-68. p. Chevron shall require any independent contractor conduct- ing any activity on the Town's Site to purchase and maintain insur- ance that will protect the contractor, Chevron, if it so desires, and the Town from the claims set forth below that may arise out of ar result from any activity on the Town's Site: 1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 2. claims up to one million dollars for bodily injury, occupa- tional sickness or disease, or death of the contractor's em- ployees or other persons; 3. claims up to one million dollars for property damage; and 4 . claims up to one million dollars for bodily injury ar death of any person, or for property damage arising out of the owner- ship, maintenance or use of any motor vehicle. Each contractor's insurance policy shall identify the Town as an additional insured. Prior to beginning any work on the Town's Site, Chevron shall require all contractors to provide the Town with a certificate of insurance from an insurance company that is -5- i ~ ~ ~• Chevron: Chevron USA Product Company, Inc. Law Department 6001 Ballinger Canyon Road P. 0, Box 5044 San Ramon, CA 94583 Attention: Jon M. Robbins, Esq. Telecapy Number: 510-842-3365 With .a copy to: Holland & Hart ._ 555 17th Street, Suite 2900 •• Denver, CO 80201 Attention: Wiley E..Mayne, Esq. Teiecopy Number: 303-295-8261 Notice shall be deemed given when personally delivered, mailed or telecopied, so long as receipt of the telecopy is confirmed by the receiving party.. Pursuant to the terms of this provision, each party may specify a different address for the giving of any notice. f. -Each person executing this Agreement represents and war- rants that he or she has the authority and power to bind his or her party to the terms and conditions herein. g. This agreement may be executed in multiple counterparts each of which shall be deemed an original. When signed by both parties, this agreement shall be effective as of February 10, 1994. IN WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement and Release on the dates stated hereunder. THE TOWN OF VAIL CHEVRON USA, INC. BY~ By: ItS: ItS: AMOCO OIL COMPANY By: Its: -7- APPROVED AS TO FORM: HOLLAND & HART By Wiley E. Mayne, #2631 Craig Stewart, #17539 555 17th Street, Suite 2900 P. O. Box 6749 Denver, CO $0201 303-295-8000 ATTORNEYS FOR CHEVRON USA PRDDUCTS COMPANY and AMOCD OIL .COMPANY C~ COCKRELL, QCIINN & CREIGHTON By . Richard M. Foster, #9726 Florence J. Phillips, #14262 1700 Broadway, Suite. 1516 Denver, CO 80290 303-660-7],40 TOWN OF VAIL By R. Thomas Moorhead, #22445 Town Attorney 75 South Frontage Road Vail, CO $1657 303-479-2107 ATTORNEYS 'FOR THE TOWN DF VAIL r~ 351366. - 9 - ~ ~ RESOLUTION N0. Series of 1995 A RESOLUTION DESIGNATING ADDITIONAL SIGNERS ON AN IMPREST CHECKING ACCOUNT FOR LIBRARY DEPOSIT TRANSACTIONS FOR THE TOWN OF VAIL WITH RUSS JOHNSON AND KATHLEEN WINFIELD AS SIGNERS ON THAT ACCOUNT, 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 for funds of the Town; and WHEREAS, the Town wishes to designate Ruse Johnson and Kathleen Winfield as signers on this account, ~ . NOW, THEREFORE, BE TT RESOLVED by the Town~Council of the Town of Vail, Colorado, as follows: 1. Russ Johnson and Kathleen Winfield are hereby designated as signers for the existing imprest library checking account for the funds of the Town of Vail. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of October 1995. ~~ ~~.^, ,~~ Margaret Osterf~ESss, Mayor ATTEST: n ~,,,,, Lori Aker, Deputy Town Clerk , z RESOLUTION N0.24 SERIES OF 1995 A RESOLUTION ADOPTING THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE "E-9-1-T" TELEPHONE SERVICE. WHEREAS, an Agreement has been proposed pursuant to the authority of local governments of the State of Colorado to contract with one another for the joint provisions of services of function which they can provide individually; Section 29-1- 201, et seq. C.R.S. as amended, and Article 14, Section 19, Colorado Constitution; and WHEREAS, the County of Eagle, Colorado, the Tawn of Vail, Colorado and the Colorado~State Patrol wish to enter into an agreement the purpose of providing emergency telephone service; and WHEREAS, Eagle County has contracted with U.S. West Communication Services, Inc. for certain products and services, further identified in the Public Service Product Salesllnstallation/Maintenance Agreement for providing enhanced emergency telephone service; and WHEREAS, the County, Vail and other participating Eagle County Municipalities and service districts established the Eagle County Emergency Telephone Service Authority pursuant to the Act, which is governed by the Emergency Telephone Service Authority Board; and WHEREAS, it would serve the public welfare and be in the best interest of the Parties to participate in the installation, operation and maintenance of a central emergency telephone service; and WHEREAS, the Parties desire to enter into an agreement for the following purposes: (1 } To create a mechanism far the installation, operation and maintenance of the System; and (2) To define the manner in which each, of the Parties will participate in the installation, operation and maintenance of the System; and WHEREAS, Vail and Colorado State Patrol have been operating Public Safety Answering Points for the "E-9~1-1" System under the informal agreement of the parties. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, that the people of Vail do hereby authorize the Town Manager to enter into an Jntergovernmental Agreement Concerning the Implementation, Operation and Maintenance of the "E-9-1-1 "Telephone Service as attached hereto as Exhibit A. r ! ~ INTRODUCED, READ AND APPROVED AND ADOPTED THIS `l~lr~ day of November, 1995. ~ -- -- l Margaret A. Osterfoss, Mayor ATTEST: ~--. C(~ INSP. rn~~~~-~r~.lcptr~ Holly McCutcheon, Town Cierk Resolution No.24, Series of 1995 INTERGOVERNMENTAL AQREEMENT CONCERNING T8E IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE "E-9-1-I" TELEPHONE BERVICE This Intergovernmental Agreement for "E-9-1-1" Telephone Service ("Agreement") is made effective July 1, 1995 by and between the following parties (hereafter referred to collectively as "Parties"): 1. Eagle County, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County") ; and 2. The Town of Vail, a municipal corporation ("Vail"}; and 3. The Colorado State Patrol, in its capacity as dispatcher for the County, through its facilities, located in Eagle, Colorado ("CSP"). WI ~.~~88ETH: WHEREAS, this Agreement is entered into under the authority of local governments of the State of Colorado to contract with ane another for the joint provision of services of function which they can provide individually; Section 29-1-201, et sect., C.R.S. as amended, and Article XIV, Section 19, Colorado Constitution; and WHEREAS, pursuant to Article 11 of Title 29 of the Colorado Revised Statutes {hereinafter the "Act"} the Parties hereto are delegated the power to enter into intergovernmental agreements of this type for the purpose of providing emergency telephone service; and WHEREAS, the County has contracted with U. S. West C~.,..,,unications Services; Inc . ( "U S West" ) for certain products and services, further identified in the Public Safety Product Sales/Installation/Maintenance Agreement ("U S West Agreement") dated July 16, 1993, as are necessary for providing enhanced emergency telephone service (collectively referred to herein as the "System") ; and WHEREAS, the county, Vail and other participating Eagle County municipalities and service districts established the Eagle County emergency Telephone Service Authority pursuant to the Act, which is governed by the Emergency Telephone Service Authority Board ("Authority"); and Exhibit A ~~~ ~~. ~r~ ~ 1r~ rC'9,7~ ~, ~~i • WHEREAS, the Authority is not Agreement unless the Agreement is Board of County Commissioners; and empowered to enter into this approved by the Eagle County WHEREAS, it would serve the public welfare and be in the best interest of the Parties to participate in the installation, operation, and maintenance of a central emergency telephone service; and WHEREAS, the Parties desire to enter into this Agreement for the following purposes:, (x) to create a mechanism for the installation, operation and maintenance of the System; and (2) to define the manner in which each of.the Parties will participate in the installation, operation and maintenance of the System; and WHEREAS, Vail and CSP have been operating Public Safety Answering Points for the E-9-1-1 System under inf~~~«al agreement of the Parties. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agree as follows: I. GENERAL PR~VTSTONB 1.1 Relative to E-9-1-1 communications equipment: {a) CSP and Vail shall ensure that personnel are available to receive delivery of products necessary for the implementation of the U S West Agreement and any subsequent equipment agreements ("Products") at the Vail and CSP dispatch offices, respectively, at dates and time's to be determined between the Parties. {b) Risk of loss and damage to Products shall remain with the Authority except as to any Products in which, and at the time, Vail and CSP, as the case may be, take title. {c) CSP and Vail grant reasonable right of entry to the Authority's representatives to deliver the Products and/or perform alI services contemplated under or by virtue of the U S West Agreement and any subsequent equipment agreements, and will make available a reasonable amount of appropriate secure space for storage of Products or parts as necessary. {d) CSP and Vail shall be maintaining the proper site, and electrical requirements responsible for providing and proper environmental. conditions for the Products. 2 (e) The Parties shall treat ail information,documents, or materials it receives regarding this Agreement as strictly confidential, except as required by public disclosure law applicable to governmental entities. The Parties shall protect such information from disclosure to the public, shall supply it only to the Parties employees and personnel with a need to know, and shall keep it in a secured place. (f) One or .more of the Products may be or may ,contain software. In some cases the Products manufacturer has embedded such software into the hardware as an integral part of the Products. All software remains the property and full ownership of the creator, developer, manufacturer, or copywriter, whichever the case may be. If required by creator, developer, manufacturer or copywriter, a license must be granted to end-user, to use such software and may contain specific terms and conditions for such use, These specific terms and conditions for use are governed entirely by said creator, adhered to by all parties. Upon the requirement of a Software License Agreement or Software Sub-License Agreement by end-user, such license shall be executed as required, and shall become a part of this Agreement by reference. (g) CSP and Vail shall promptly report any Products malfunctions to the Authority or its designee tar repair and replacement, provided that neither is responsible for repair or replacement due to damage or destruction in the ordinary course of use of the Products. (h) Vail and CSP shall maintain adequate and correct accounts of all Products provided it by the Authority Board for the E- 9-1--1 System. The Authority may cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed by the State of Colorado. 1.2 Relative to the E-9-1-1 System generally: {a) CSP and Vail shall utilize their existing personnel to operate the Public Safety Answering Points in their respective communications centers to answer E-9-~.-1 calls and dispatch appropriate emergency personnel twenty-four hours a day, every day of the year. {b) CSP and Vail shall maintain records and make reports as reasonably necessary~to support the E-9-1-1 System. {c) Vail and CSP will be available to consult with the Authority at the Authority's request, regarding equipment and operations issues. 3 ., '.;~'~ (d) The uniform. charge per exchange access facility is collected by the service supplier and delivered to the Authority. CSP and Vail hereto shall have no obligation to collect this uniform charge. - (e) Neither C5P nor Vail shall have any liability to pay for any debt or other obligation incurred by the Authority unless there is a specific undertaking by them to do so, accompanied by an appropriation approved with the requisite formalities. (f) The Parties shall adhere to all applicable health and safety laws, rules and regulations including the Occupational Safety and Health Administration's ("OSHA") rules and regulations. The Parties agree to certify that there is no asbestos an any premises in any areas where the Products will be installed. In the event the Parties will not certify an asbestos free environment or asbestos is-discovered in the installation area, there may be additional costs to perform under this Agreement in compliance with OSHA's rules and regulations. The Parties understand and agree this Agreement does not include the prices attributable to working in an asbestos environment including, but not limited to, asbestos sampling, testing, cleanup or rerouting or delays caused by any of the above. The Parties understand and agree that prices attributable to any of the above will necessitate an amendment to this Agreement. II. TERM AND TERMINATION OF AGREEMENT 2.1 This Agreement shall be in full force and effect upon the execution of the Agreement and shall continue in full force and effect through June 30, 1996. Thereafter this Agreement shall automatically renew for successive one-year terms unless it is terminated pursuant to the terms of paragraph 2.2. 2.2 Any Party's participation in this Agreement may be terminated by written notice from such Party to the Authority Board at least 180 days prior to July 1 of any given year which. termination will take effect at the end of June 30. Termination of any party's participation in this Agreement shall terminate all unaccrued obligations of the terminating party unless such Party has agreed to any such liability but the Parties will be responsible for any debt incurred prior to termination even if not payable until after termination. 2.3 Upon termination by any Party to this Agreement, the property of the Authority shall be promptly returned~to the Authority. 4 ~k.' .~~ } ~ K . III. AMENDMENT AND WAIVER 3.1 No amendment of this Agreement shall be valid unless such modification is in writing and signed by the Parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the person or party against whom charged. IV. LIABILITY; INSORANCE 4.I The Parties and their governing bodies, employees and duly designated representatives shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. 4.2 Each party to this Agreement shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this Agreement. 4.3 Each Party hereto specifically acknowledges their familiarity with the Limitation of Liability contained in the U 5 West Agreement, noting that the Parties' obligations are synonymous with that of the "Customer", as identified in the U S West Agreement. 4.4 Vail and Authority shall indemnify and hold harmless each other in connection with claims, losses, damages, liabilities, and lawsuits to the extent they arise from, or are alleged to arise from, negligent acts solely in connection with their respective. performance under this Agreement or use of, or operation of the Product(s) sold, installed, and maintained under this Agreement. This indemnity extends solely to claims and lawsuits for personal injury, death, ar destruction of~ tangible property. 4.5 IN NO EVENT SHALL ANY PARTY BE LIABLE TO ANOTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER. V. MIBCELLANE008 5.1 The Special Provisions attached hereto are incorporated herein by this reference as though set forth in full. As used therein, "contractor" shall mean and refer to Authority. 5.2 This Agreement and the Parties' actions under this Agreement shall comply with all federal, state, and local laws, rules, regulations, court orders, and governmental agency orders in existence at the time of execution of this Agreement, and as may be amended from time to time. 5 ~.. . ,x,. . ~;,. 5.3 If any of the provisions of the terms and conditions contained herein shall be held to be invalid or unenforceable in and jurisdiction in which these terms and conditions apply, such invalidity or unenforceability shall not invalidate or render unenforceable any other term or condition, but rather these terms and conditions shall be construed and enforced accordingly. However, in the event such provision is considered an essential element of these terms and conditions, the Parties shall promptly negotiate a replacement thereo€. 5 . ~ This Agreement does not and shall not be deemed to confer upon nor grant to any third party any cause of action, right to sue, or allow any claim against any Party or the County because of any services provided hereunder or any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5,5 This written agreement, incorporating its attachments, embodies the whole agreement between the Parties hereto, and there are no inducements, promises, terms, conditions or obligations made or entered into by any Party other than those contained herein. 5.6 This Agreement shall be binding upon the respective Parties hereto, their successors or assign, and may not be assigned by anyone without the prior written consent .of the other Parties hereto. 5,7 This Agreement may be executed in counterparts. Execution of this Agreement by fewer than all Parties shall cause the Agreement to be effective between those Parties. 5.8 Notice hereunder shall be given by United States mail to the address of the entity as set forth herein, said notice being deemed received three days after mailing. IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be~affixed hereto, as of the day and year herein above set forth. COUNTY OF EAGLE, STATE OF COLORADO, By and Through its Attest BOARD OF COUNTY COMMISSIONERS By. Clerk to the Board of County Commissioners By. .James E. Johnson, Post Office Box 85a Eagle, CO 8.631 Jr., Chairman 6 • A'1'r!'EST: TOWN OF~~IArL By: U~= mC~~By: / . Cle~'k R6bert W. Mcl,aurin, Town Manager 75 S. Frontage Road West Vail, CO 83.657 PATROL By: ~ i Its ~ (` [' Notic address: Attachments: State of Colorado Special Provisions c\E91i 7 ~• . ,~'~''''Porm ii•~t,.n~ ~Y~l':l..slJl.~ F'1 •r.r~IS1UNS I~ '~ ~ ~,• : ~ CONrR(ILLEIL'S APPItOYAI, ~ ,. This t:nntract shall not he drt•mad valid until it Shtt#! have heat approved by the Gantru#ler itT the State of ~. G)lontdo or such assistant as he may designalc, This prr,srittion Is applicable to any contract inv[tlt•in~ the pay- meet. u#', mane}• l;y the State, , '•'i'~~ FUND AVAILABILI~'Y ' ;.,, • .~;,Y, . „4:,•j•;~. 2. Financial obligations of the State payable alter tltc current liyual year are contingent upin funds t'nr that • ~'; f:~. putpase bt;ing appropriated, budgeted and otherwise made u+•si#stblr. ' ~~ ,~ `• 80I'dD RFQ1UIIi,EMEiriT ~ . . .: ~tM,i ,i-~.:~,. ' . 3, If this aantract involves the pa}~mcnt.ttl' more than fifty thousand dollars ft:r the canstru+:tion, erection. ~' .,f;°~ ,repair; maintenance, a?r improvement ul' any building, road, bridge, viaduct, tunnel, exca+•ation or other public '' `~ ~"` works tar this Stale, the cantractttr,htsll, ttclitrc entering the performance of nny such work included in this t:on• t. ,;;r:.: ~~1,j~:•~tract. duly execute: and deliver to and Isle: with Cite ullicial whose signature appears below' !or the State. a good ``iti~'~~}~ and sul'f~cient bond ar other acceptahir suren~ trs be approved by said ofiiciAl in a penal sum oat loss than unc- ~,., °~~"'i~.~,,~; half o#' the tttlut amount payable h}• Ilte terms ttl'tltis e•nntract. Sudt band shalt be duly executed by n yualilicd ~`~~~ ~.corporale surely, canditionatt for the due;.and I'aithl'ul Imi•I'artnrtnce; al'thc canlract, and in additfan, shall pravicic I. '"'~;;~'•tltat ii'the contractor or his subcontractors foil to duly lay 1'ar any labor, tnalcrials, team hire, sustenance, pre ~'~':-„ Vlsii7ttl, plovendur nr nthtr supplies used e-r ccrosumed by suclt cnn[tcector nr his subcontractor in perli~rrnstnct: of . -,,. ~,~i:^ :he work. ~ontrncted to be Clone, the surety wil! Itay the: sntnc in an amount oat e:xceedingthe: sum tipecified in the ~'"._~ 'boot:, logeiher with interest ai Ihs• ral~: al' ei~,ht per rent per annum. Unlesx such bond, when set reyuirt:d, is ;xac~~ted, delivered and filed, no e:lxint in favor o6'the contractor arising under this contract shah be auditrd, alt~r~eo ar paid. R: ce:rtilied or cashier's Chet+:l; or :t hank money order payable to the Treasurer ctf the: Stan; of ! olarado :-..ay ~cr accepted in lieu of a band. 'T'his provision is in compliance with ?$-26• I U6 GR5, as amended. - , ~• *ND~:MNIFIGATIOI'+i d, To the extent authorized by taµ~. the contractor shall indemnify, Save and bald harsnlcts the State, its - • empltwcus and agents, again5t.any ;utd utl clnitn5, ei.unttgca, liilhii#ty and coon uweerds includintt cc,stx, e><flense:s, and attorney tees incurred as a result c+l' ally' a+:t err +,ntiasiun by Cite e:otttrartar, nr its cntployt;es, agents, subcan- { . tractors, ur assignees purLuant is the Icrms of this contract. ' ~. DISGRIMINA~iON AND ~iFi+'11LhtA'I"VE ACTION ~ ~ ' S, The contractor agrees to comply -vith Cite letter and spirit atthe C.otorada Antidiscrimination Act cif 1957, as amended, and outer applicable law respce:ting c#iscrilrtiltation and unt'air employment practices t~•!~•.a-Q(}2. CRS 19ti~ Replacement Vot,}, and as rcquirccE t-}• Executive Order. Equal Qpp.~rtunity and Ailirmati+•e .fiction. •. dated April Ifs, 1975. Pursuarar nc~~re~ru, rlic',lirNn++•ing p,yat~i.tinrrs shall he ruprairtt'il in air' State rr~ntracr.s or •'.~ • sud,Ctanlrtle'rs, , l•)uriltt; the perfcrrmancc elf lhi:e cr-nlrltct, tht: runtrttrtctr s+gr+a:Y as ii-tlc,ws: l I 1 'I'l-c e:r+ntr;t~'I-s-• +vill nut -li~rrlnntt;ttc at;:nmt ally rlstt-I-+}•c~ -n• :q-I-li~:;ult ti-r e:utp#uynr+•rst hc:+annc trt• lace, ,:rend, c:ett+ir. tsatiunul uri~in. +cx, ut;u•ir;r! titant~, rclit;it-n, unccstr}•. ntcntul tsr phy,ir:el h;sneti~:yt. ur age. '1'hc contrnctor will;take: tt#'1+rmative ac;tiurt to insure that applicants ire etitployed, and that employees are treated during employment. without r+:garcl to the above mentioned characteristics. Such action shall include:, but oat be limited to the ti>#lowing: ctttplur•ntcltt, upgrading, demotion, or transfer, rc+:ruitmeni nr recruitment advertising: layull's nr tcrminntittns; rates cif pay c)r other farms ~oC cetmpensatintt; and SCIe:c- lion litr training. including alytre:ntt4cshilt..~ l-u c,+nu'actcu ugrr~ti trt ~tuat in canxpicuctui places, ;t+aiiahlc to etnptctyces and applicants tier ernpl+tytncnt, notices to be praviefcd~by the contracting afticer setting faith pravisietrts of this non-discriminntictn rrlause:, ' 1Z) T'hc contractor wilt. in ail st,licittttians or advertiscmcnts fur employees placed by err nn hehtt!#'o#'thc cc+ntractar, stela that all qu,tiilie:d ~pplie:ants will reruive contiiderntion tar employment without regard to race; creed, eolar, national ori};irt, xex, marital status, religion.• ancestry, mental ar physical handicap. ar age, . , f 3) -f he cutttrttclar will send to e;at: tt lal+c•,. trttiion +tr represcnl;ttiri• a#'+vprl;crs with which he has G-:-Ilectivc harXaining agreement ar athrr ci-ntrart ~-r url-.lersl:tndittg, naticc to he Itr+~rided by the contracting afticer. ad+•ising the lahar union or v:nrkcrs' rcirrescntati+•u rte the cuntractclr's cotnmittmcnt antler the I~wxet:utivc .Order, );goal Uppnrtunity and .4llirrttativc Artian. d:tlcrJ A pril 1 b, 1975, and at the rules, regulations, and rclc+•snt Orders ctl' the Cetv~rn-~r. t41 •I`hc aantrr-cu~r an~1 htbur uni-,nti ~++~i11 is-rai,h ;-tt ittli-rttrstiun wt~l ri;lt,-rIs rt:yuireret h~. l~\~aatli+'l• Unkr. I:yu:ll Urs1+-srtun-Iy and Allirtnuei+•~ r1,;u~m --t' Aprik Ih. It)7S, and U} thr rulea, rcg:.tl:tti~.-us and C1rJrra of the: Cint'crnc+r, ar pt,trsuctnt th~ret++. untt -viH permit access tot his httc+ks, records, and act:ousits h~• the crm- ~tra~ting agcnc,~ and the or'tic : ul' the Cct+•ctn:-r nr !-is dt:signcr litr purtxtst:s UI' invcstigati+tlt let ascertain campiiancc ++'itir such rules.. t~:eulatiuns anc# urc.le:r3. t5) A labor etr~anizatiun +vill nett e.~xclueic ;use incht•iciu:el euhcr-e~ise qualilied I`rom Full menthcrship rights in such tabor arganiration, nr +:xl;~.i ctn.' such inili+•ietual I'rs~m lncnthcr~hip in such lobar orEaniratictn ur dis- criminKtc against any of its mrtnhtrs in thr !'oil clt~nyment r-l' t~~t~rk nppununity, because c-l' raco~. creed. colter, se:~x, natinnal origin, ter altccStr~•• tb) rt labor organixatian, ~u tire: rmpl+tys'~a nr m~mhers th~reetl' ++'ill nrn aid, abet, incite, cumltcl c,r coerce: • the doing eyf env net dt:linec! its this cc,ntrlct ut be ~#iscrintin.ttttry ur t-bstruct ar preti•ent any prrsctn from cssptplring with the pravisie~ns et# tills cc-rarcu:l err, n}• order issued thercuttdcr: ear attempt. either directly err Irrtlire!e.'t#}', to :ctmmit any as clLlinccl in tins ~unlrnct lei l+e elia`rimin;ttnry'. :9{ :3-Ut 1r1,3 .,;tt:,: ~ .-i I,:-t!~s RC+'I::~el l 1 ;ti • ~ in the event of Grt contractor's non-compliance with'the non-discrimination clauses of this con- - ~ - ~• ~ tract or with any of such nrtes, regulations; or orders, this contract may be cancelled, terminated orsus- ' - , pended in whole or in part and the contractor rr~ay be declared ineligible for further State contracts in ~'t+~;rl~t~i~'; i..:acCOrdanee with procedures,'authorized'in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therev.irh, and such other sanctions as. may be imposed and remedies as may be invoked as provided in Executive •.,.,~,ai.f; ;.,,r;+ ~, , . „.,Order, Equal Opportunity and AflltYrtative Action of April t 6, 1975, or by rules, regulations, +1r orders t,. ,; ;, ~,~, , •.• . •• • •. , promulgated. in:accordance, iherewitit, ~ or as otherwise provided by' law. ' ~ . ' ($) "The contractor wil4 include the provrsiorrs r,~f prrrtz~eaph (1) through (8) in every sub-contract and subcontractor purchase order unless exempt; d by rules, regulations, or orders issued pursuant to ~fr..,.•:+~-~ .,, • ~ ~ Cxecutive Crder, Equal Cppartuaity and'Affir~trative Action of Agri! ! 6, 1975, so that such provisions ~~~ ,~;.; •~ ~•:,i, ,::;~.~ ~ , will be binding upon each subcontractor or vendor. `i'he contractor will take such action with respecE to z+; ~nirl+ '~i~vi~~z . any sub-contracting or purchase order'as°khe contracting agency may direct, as a means of enforcing . such provisions, including sanctions for non-compliance; provided, however, that !n the event the con- tractor becomes involved in, or, is threatened with, litigation With the sttbcantractor ar vendor as a result b•to~;;~urti ~iiuiacl ~i',u~f~ dlre~tlon b~+`thr•contractlhg ageiicii, the isotitractar may request the Statergf, Colorado to enter ~_~:'`~ ~~ ~ • into such litigation- to protect the interest of tltie State of Colorado. ~, rd .1~:" ~• •. ~, r ~• 'Litf~r~ttT3f~1~(+rl~ .i):~`;'~~,:12! inpl~l G~i2iuAc-i~eil~ Ef3 ,~i+t~~~'~~+:.lU~•. tevLOR•Anb-f~A~ ~°~~~1~~>Rl~~vc~ r l ~~ :• ., F v. ,~ J' ' if"'i1 . '+ 7 i ~' l+ k 11 #ff ~ .f~lrl?tn~ ,:t+::. ,..:T~,~;r.-,7A'~~5 (it>i7~•: f1 ~~i~ r' }.,tit ~..i ~I~.•. ~ ~ ~~{•.~rovlsEon~o~'~-~~7-~d~ ~,~~ ~,~,;ror refer'eilcr:otCa{oradalaborere_•gppticablelathiscantractifpt:blie dir. ~ttv~tltiti the~Stag si~e'~tnde ` ake~'~erailndar'aiid ate tinancecf in whole or in pall by.~State•li~nds:: ,~ ,; ~. Wl;~:i+ F construciiaa contract for a pttblic ptoJect is td be awarded to a bidder, a tesident bidder shall be ' ~!, 3 'ftlic~ ~ cd a pi ~~ fi;rehet against a lion-teaideht bidder i'ram a state ar foreign country equal to the preference given or F tcyuired by ~•i:~ state or foreign country In which the non-resident bidder is a resident. If it is determined by the ;~~~> ~nflicer respc~rrsible for awarding the bid that compliance with tt-is subsection .Ob may cause denial of federal funds. ;'"•j `'Which would othetwise be available or world otttttwlse t,r, ir. r,rrsistent with requirements of federal law, this sub- - `rt'sectian shall be suspended, but only to the extend ncce~ssit;• to prevent denial of the moneys or to eliminate the `~'~ lnconsist cncy with federal requirements (section 8-! 9-1 f3 ! and 102, CRS). `~ GENERAL ,.;,~. ~`•,' l'7. ~ The laws of the Sttite •of Colorado and rules and regulations issued pursuant thereto shall be applied in the . ~ :interpretation, execution and enforcement of this contract. Any provision of this contract whether or rat incor- ''~° posted herein by reference which provides for arbitration by any extra judicial body or person ar which is other- ;'~ wise in conflict with said laws, rules and regulations shall lac considered null and void. Nothing contained in any ' ~pravisiore incorporated herein by reference which purports tt~ negate this or any other special provision in whole or in part s-srrll be valid'ar enforceable or available in any actior+ at law whether by way of cortlplaint, defense or other- '-` wise. r'.+ry provision rendered null and void by the operation of this provision will not.inValidate the remainder of + this contract to the extent that the contract is capable of execution. ~. $. At ail tirtyrs during the .performance of this Contract, the Contractor shall strictly adhere to ail applicable federal and st;+te taws rules alnd, regulations that have been or may hereafter be established: ,.~, . 9. 'Che sig.ru-t~7ries hereto aver that they are familiar with IS-8-301, et, seq., (Bribery and Garrupt lnlluences) and [ R-li-4d f , et. seq.. (Abase of Public ollicc), CRS 1978 IteplaCen~ent Vol., and that no violation ol'sucl~ pro- visions is present. ~ - 10. The xit;natnrics nver'thet to their knowledge, na state employee has a personal or beaolicial interest whsrt- sacver in the service ut property'describcd herein: ;• IN u'1°i't~1:SS W1•iEREO~, the parties hereto have executed this Contract' oil the ~da~' lint abuve written. actor .I {Fu gal C~larryt;) . i+, ._.. .....` 1 `` Position (Title) •~ . ?.+e~al Sea~nq Nwn,hu d F~dnN I.U. STATE o~ coLORAbo RICHARD D. LAMM, GC •$y •s n~ct:curtvt; nittec'rax.. • dEPARTMENT OF R { (If Corporation:) Attest (Seal) ~ . By~+ I,'~wpa,lr Suuurr. ur #:yw~~Mltn1, tnWNCNglGwnq~ AYPROV ATTC}I•tNEY .t3ENERAL Sy CANT ii ~J 1, f.E R sy }srr wl+uh iti iAt i~~t Vr P~#es \4i.11p11~}U~~hrrlw,lLRhl •Sr~m•~•. ~•.-i~,alr„• .!,• . ,, . ~ . ~ ~ '~~ RESOLUTION N0.25 Series of 1995 A RESOLUTION ADOPTING THE EAGLE RIVER WATERSHED PLAN AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, water quality in Gore Creek and it's tributaries has been found to be negatively impacted by urban runoff through the Vail Nonpoint Source Water Quality Plan; WHEREAS, the Town of Vail obtains its drinking water supply from alluvial wells which draw water from Gore Creek; WHEREAS, the Eagle River and it's tributaries, which includes Gore Creek; is a shared resource in Eagle County; WHEREAS, water from the Eagle River will now be pumped into the Gore Creek Basin and water quality in Gore Creek and the Eagle River are interconnected; WHEREAS,regional cooperation is needed in Eagle County to share information on water quality and quantity to effectively protect and manage this resource; WHEREAS, Gore Creek and the Eagle River are critical natural resources which provide valuable habitat for aquatic life; WHEREAS, Gare Creek and the Eagle River are a critical aesthetic feature and valuable for maintaining the alpine character of Vail; WHEREAS, the Eagle River Watershed Plan compliments the recommended actions in the Vail Nan Point Source Plan and will provide a direction to protect and enhance water quality and the aesthetic value of Gore Creek and its tributaries. WHEREAS, the Eagle River Watershed Plan is a guidance document which identifies alternative actions to protect water resources in Eagle County. 1 NOW, THEREFORE, BE IT RESOt..VED BY THE TOWN COUNCIL. OF THE TOWN OF VA1L, COLORADO THAT: The Town Council hereby adopts the Eagle River Watershed Plan and specifically directs staff to: 1) Work on the creation of a new stream setback to improve protection of riparian vegetation; 2) Work with the Eagle River Watershed Committee to share information and to provide a clearinghouse for that information; 3} Determine optimal stream flows in Gore Creek; 4) Provide information to the Vail Town Council on the impacts to stream flow of protects that may impact stream flow; 5) Implement the Vail Nonpoint Source Water Quality Plan to improve water quality in Gore Creek and take measures to improve trout habitat where appropriate; 6} Implement water conservation efforts in cooperation with the Vail Valley Water District. 7) Acquire/protect riparian areas; 8} Investigate carrying capacity thresholds for recreational use of Gore Creek and whether new regulations or programs are needed to protect the fishery; and 9y Develop an informational program to help identify where public access is on Gore Creek. 10} Undertake other such actions as may be deemed necessary and appropriate by the Vail Town Council to further the goals in the Eagle River Watershed Plan. INTRODUCED, READ, APPROVED AND ADOPTED this Zlsfday ofd,, 1995. ~.i~ Marg~e# A. Osterfoss, Mayor °Ler~JQ(I°~ -r~~" Holly McCutcheon, Town Clerk I:leve ryo nelardlres 14. A 2 RESOLUTION N0.26 Series of i99S A RESOLUTION RECOGNIZING THE ATHLETES OF THE EAGLE VALLEY HIGH SCHOOL AND SUPPORTING THE EFFORTS OF THE EAGLE VALLEY DEVILS FOOTBALL TEAM IN REACHING THE STATE CHAMPIONSHIPS. WHEREAS, the Eagle Valley High School Football team will be host to the Burlington Cougars on Saturday, November 1$, 1995 WHEREAS, the Eagle Valley Devils Football team has played with great determination thus far in the State Football playoffs NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. That the people of Vail recognize the athletes of Eagle Valley High School and the entire student body for their efforts in making the school an asset to our communities. 2. That the people of Vail do hereby support the Devils in their efforts to reach their goat of State Champions. INTRODUCED, READ, APPROVED AND ADOPTED this 14th day of November, 1995. a. Margaret A. Osterfoss, M~yor ATTEST: Holly L. McCutcheon, Town Clerk }, «. ~. RESOLUTION N0.27 Series of 1995 A RESOLUTION SETTING THE DATE FOR A SPECIAL ELECTION FOR THE PURPOSE OI' ELECTING A COUNCIL MEMBER TO COMPLETE THE UNEXPIRED TERM OF MARGARET A. OSTERFOSS, TERM TO EXPIRE NOVEMBER, 1997. WHEREAS, on November 2~. 1995 Margaret A. Osterfoss resigned from her elected position as Council member which was for a term of four years. WHEREAS, said resignation is effective January 30, 1996. "WHEREAS, the term of Margaret A. Osterfoss has more than 365 days remaining. ._.._ ~., ~7JHEREAS, pursuant to Section 3.9 of the Charter of the Town of Vail, Colorado, when a vacancy occurs with three hundred sixty-five (365) or more days remaining in the unexpired term, a special election shall be called. to fill said term. NOW, THEREFORE, BE IT RESOLVED BY Tl-IE TOWN COUNCIL, Or THE TOWN OF VAIL, COLORADO; 1. A special election is hereby set £or January 30, 1996, for the purpose of submitting to the voters candidates to till the unexpired term of Margaret A. Osterfoss, term to expire November, 1997. 2. The Town Clerk is hereby directed to take all steps required by law for the purpose o£ holding said special election. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of December., 1995. ~. Robert W. Armour, Mayor A'T'TEST: r . ~Q Holly L. McCutc~eon, Town Clerk ~~~ , ~~. ~ ' •.:; . ;.:~ m ~~ ;.. _ y 3 m ~ -a ~ m a. Q~ ~~~ m O o~~ o N ~. ~ z m~ Q '" o~ is ~' ~~ n Q O oQ ~ ~~a ~'O ~ ~z a~ c~Q ~'OC~i~o~~~ocno~x oQ- as ~Q.~~c~n°~ao~~m n. ~ o ~ ~ ~ Q ° ~ ro ~ g `' Q O Q p° n~ a m a o~ ~~~~~ m~ a Q~~o ~~ 6.~y~~oQ a°~oo p- O Q Q ~ p ~ N ~ ~ ~ ~ x ~ ~ Q{ (OD ~ ~C ~ ~ ~ I O Q -~ Q. 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