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HomeMy WebLinkAbout1998 ResolutionsRESOLUTION NO.1 SERIES OF 1998 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMIVIISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority ar quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, in addition to any other means of full and timely notice, the statute provides that a local public body shall be deemed to have given full and timely notice if notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four (24} hours prior to the holding of the meeting; and WHEREAS, the statute further provides that the public place or places for posting of such notice shall 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 Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Coloxado: 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 full and timely notice to the public as provided for in 24-6-442(1}(c}, C.R.S., as amended. 2. This resolution shall take effect immediately upon its passage. 1NTRODUCED, READ, APPROVED AND ADOPTED this (D may of January, 1998. ,r,~~nlrritttit~~s!Hlrliyln.. ~ ^` ~` ... ~E~L Robert E. Ford, Mayor ATTE fS/'~~/may /~ h~7 ~: Lorelei Ihonaldson, Town Clerk c:~RSSO~uss.~ ~` RESOLUTION N0.2 SERIES OF I998 A RESOLUTION ADOPTING THE INTERGOVERNMENTAL AGREEMEN x' BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER & SANITATION DISTRICT, WHEREAS, the Town of Vail and Eagle River Water & Sanitation District previously entered into an Intergovernmental Agreement providing for a partnership to construct affordable housing within the Town of Vail; and WHEREAS, that Agreement was based upon the Eagle River Water & Sanitation District taking the lead as the developer of the project and; WHEREAS, since that time is has been agreed by the parties that the Town of Vail will assume the role as the coordinating entity and developer of the proposed multi-unit housing project; and WHEREAS, the Town Council provided direction to the Town Manager on December 9, 1997, with its authorization to proceed with executing such an Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, that: I . The Town Council hereby adopts the executed Intergovernmental Agreement with Eagle River Water & Sanitation District as attached hereto as Exhibit A. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED 's 6th day , 1998. Robert E. Ford, Mayor ATTEST: \,`~`"~~~~~i[1ttOrtt~1ririrrr i rrj ore i Donaldson, Town Clerk - ~ ~ ~ 1~+ ~~ J,,,'i~,CC DO `\\~ rr LflRA ..~~ Resalulion No. 2, Series of 1998 • • ~ INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement {"Agreement") is made and entered this ~~~~th day of December, 1997, between EAGLE RIVER WATER & SANITATION DISTRICT ("ERWSD") and TOWN OF VAIL, COLORADO ("Town"), collectively referred to as "Parties". WHEREAS, Town is the coordinating entity and developer of a proposed multi-unit housing project to be used primarily for the benefit of employees in the Eagle County region ("Project"); and WHEREAS, ERWSD wishes to participate in the Project, and is willing to contribute two parcels of property toward the Project; and WHEREAS, ERWSD and the Town believe the development would benefit by maximizing the number of housing units that could be made available; and WHEREAS, ERWSD and Town have both determined that the provision of housing for the benefit of Iocal employees is an appropriate, necessary and valid public purpose. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, Parties agree as follows: Contribution of Pronertv. a. Town shall diligently pursue the acquisition of a parcel of real property presently owned by USFS, and more particularly described on Exhibit A which is attached and incorporated by this reference ("Town Property"). This Agreement is expressly contingent upon Town's acquisition of the Town Property from USFS. b. ERWSD is presently the owner of 2 parcels of property which are more particularly described on Exhibit B and shall be contributed to the project. 2. joint Participation and the Affordable Housing Effort. Each parry is a co-applicant in the development of the Iand, each shall contribute the land held by the ERWSD and the Town toward the project and shall take title to the forthcoming dwelling units in accordance to the following general guidelines: f leveryone~Andy\97_adminlervvsd.nl ] Exhibit A # ~ . ~ _. a. As co-applicants, each party shall co-sign the Town of Vail applications for development review (i.e. Special Development District Amendment and Design Review applications). The Tawn, as the lead agency, will bear all initial costs associated with the design, planning and development review of the project. b. Upon approval of the project and prior to the issuance of building permits, the ERWSD and Town shall provide construction financing for the project ar shall make interim cash contributions to cover construction costs or shall make other provisions far the construction financing, such as requiring the developer to provide it. The funds shall cover all construction costs and shall be provided by each party based on the pro-rata share of the square footage of the floor area of units to be ultimately owned by each party. Costs associated with the construction phase shall include, but not be limited to permit and tap fees, excavation, building materials, site work, landscaping, change orders, labor, etc. c. Upon completion of the project as evidenced by the issuance of Temporary Certificates of Occupancy, and prior to any individual sales of units, each party shall dedicate the land each owns to a homeowner's association to be created during the construction phase of the development. d. Upon completion of the project and after the establishment of a homeowner's association, each entity shall take title to its share of units, which it will then sell or lease to its employees. The units shall be distributed as follows: 1-- TOV: Six units. 2-- ERWSD: The balance of the development, likely to be 12 units. 3-- If ERWSD does not sell or lease its share of the units to its employees, the Town may then purchase the balance to sell or lease to its employees. 4-- Remaining units shall be made available to the general public through a system similar to the system used to select buyers for the Vail Commons Development. e. Each party shall have first right of refusal on any unit resale included in the initial distribution per paragraphs d-1 and d-2. Each party shall have second right of refusal on any unit sale not exercised by the other party. f The ERWSD and Town will establish and implement a maximum cap on appreciation for resales in order to ensure the long term affordability of the local employee housing units. All units shall have a deed restriction fleveryanelAndy197 adminlenvsd.nll consistent with the restrictions attached as Exhibit C (i.e. "Vail C unans" deed restrictions.) Such restrictions, in addition to being incluc' ~n each deed of conveyance, shall be incorporated into the condonuni' declarations. Withdraw of Participation. The Town of Vail will issue requests for proposals frorn which they will select a design team that will also be responsible for building the project. Once the design team is selected they will determine cost estimates which will be considered prior-to entering into a contract with that design team to move forward on the project. Up to the time of accepting the proposal of the design team, either parry to this agreement can withdraw from the project and conclude their participation. Once each parry has reviewed the proposed casts and a contract has been entered into with a guaranteed maximum price as part of the Design Built Contract, each party is thereby bound to continue their participation and can no longer withdraw from the Project. fleveryonelAndy197_adminlenusd.nl ! WITNESS WHEREOF Parties have caused this Agreement to be executed as of the day and year first above written. EAGLE RIVER WATER & SANITATION DISTRICT ,~~- , Dennis Gelvin, General Manager ATTEST: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Intergovernmental Agreement was aclmowledged before me this /CV th day of ~ cr; ~ ~~ /'~ ; ~ ~~ , 19 i ` i , by Dennis Gelvin, as General Manager of the Eagle River Water & Sanitation District. Witness my hand and official seal, ..L'y, `'~.. Notary PublisY r. My commission expires: ~ ~~G~ ~~ c n ~: fleveryonelAndy197_adminlenvsd,n I 1 Q' i, TO OF VAII. B ~~` G ~' V Robert W. McLaurin,~'~'own Manager ATTEST: Lorelei U?inaldson, Town Clerk S`1'ATE ~~~' C'OLORADO ) } ss. COUNTY OF EAGLE ) _T'he foregoing ~ntergovemmental Agreement was acknowledged before me this • •? ~ ~- `day of ~ ..• ,.. f_~ : , 14 ` ~' ~ ~ , by Robert W. McLaurin, as Town Manager, of the Town of Vail, Colorado. Wirness my hand and official seal. ;' ~ ~ ~ s i Notary Public My corrLrnission expires: f levcryonalAndy197_adminlenvsd.n 11 F•,rr~ ~. ~hfri vFi4 ~:~:a.ry f ~!!_7!i~ iviy ~..Jfi'~~Ti,Sii:1f~ ~~Iroc 6-1?-193° Z 1 RESOLUTION N0.3 SERIES OF 1998 A RESOLUTION ADOPTING THE INTERGOVERNMENTAL AGREEMENT TO PROVIDE DISPATCH SERVICES BY THE TOWN OF VAIL COMMUNICATIONS CENTER. WHEREAS, the Town of Vail is offering dispatch services to other political subdivisions within the County of Eagle of the State of Colorado including Eagle County, the Western Eagle County Ambulance District, the Tawn of Eagle, the Town of Gypsum Fire Department, the Greater Eagle Fire Protection District, the Town of Minturn, the Minturn Fire District, the Town of Avon, and the Eagle County Ambulance Service; and WC-IERCAS, the Towij has previously provided dispatch services to other political subdivisions up to and including at the present tune; and WHEREAS, there has been created a greater need for such services within the County at the present time with the removal of the Sta#e Highway Patrol Dispatch Center from Eagle County; and WI-IEREAS, this enables the Town of Vail to further its responsiveness to other political subdivisions in Eagle County and thereby further regional cooperation. NOW, THEREFORE, BE IT RESOLVED by the Tawn Council of the Town of Vail, Colorado, that: The Town Council hereby adopts the Agreement attached hereto as Exhibit A which is presently being reviewed by the political subdivisions wha are potential uses of the Town of Vail Communication Center services. 2. The Town Council recognizes that this Agreement, at the time of final execution, may be subject to some amendment to satisfy the needs of all users but that it will remain substantially in its present form. ~`, `* ~ o~ N ti I I to t~ 7 r ~ ~~~`'r,' 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPT this 20th day of r r , 199$, ~~ `~ ~~ .~ ~ Robert E. Ford Ma or _ SEAL y ATTEST: ,~~~~~~~ f ~Au~ 17711 IIH11111~~ ,t.~~,' d--~--J 1 elei l~analdson, Town Clerk Rasolulian No. 2, Series of 1998 i Z ~ AGREEMENT THIS AGREEMENT, made and entered into this day of 1998, by and between the Town of Vail, Colorado and Eagle County, the Western Eagle County Ambulance District, the Town of Eagle, the Gypsum Fire Protection District, the Greater Eagle Fire Protection District, the Town of Minturn, the Minturn Fire District, the Town of Avon, the Eagle County Ambulance Service, each being a political subdivision within the CoLUity of Eagle of the State of Colorado, and hereinafter severally referred to by name or collectively as the "contracting governments" and by and between the said contracting governments for services to be provided by the Town of Vail Communications Center, hereinafter referred to as "the communications center." WITNESSETH: WHEREAS, the contracting governments in the performance of their governmental functions, do furnish fire andlor police protection and other public safety services to the citizens and residents within the boundaries and areas of their respective political subdivisions, and WT~EREAS, the contracting governments are severally authorized to and do presently, severally, maintain and operate radio communications systems for the transmission and dispatching of messages relating to fire andlor police protection and other public safety services, and, as an incident thereto do engage in the dispatching of ambulance vehicles and services from ambulance service organizations to citizens and residents in need, as well as other vehicles and personnel from other public or private entities affected with the public safety and interest, and WHEREAS, pursuant to the provisions of Section 29-1-201, et sea., Colorado Revised Statutes, as amended, of Article XTV of the Constitution of the State of Colorado, each of the contracting governments is legally authorized to cooperate and contract with the others for the purpose of intergovernmentally providing any function, service or facility authorized to it, including the sharing of costs and incurring of debt, and further including authority to provide for the joint exercise of such function, service or facility, and WHEREAS, the contracting governments are desirous of purchasing such services and eliminating any similar departments and services now operated by the participating departments of the contracting governments, and 1 exhibit A : r WHEREAS, the contracting governments do hereby severally and jointly determine and declare that this Agreement is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety. NOW, THEREFORE, in consideration of the premises and of the respective covenants and undertakings of the parties hereto, each covenanting to and with each other jointly and severally, as herein set forth, IT IS AGREED as follows, to-wit: ARTICLE I -COMMUNICATIONS CENTER The communications center will at all times operate its facilities in an efficient manner and will supply its radio communications services in the transmission and dispatching of messages to and fiom the participating departments of the contracting governments as hereafter needed to fully discharge the responsibilities of such governments in the providing and furnishing of police, fire, and emergency medical protection and incidental public safety services to the citizens and residents within the boundaries and areas of their respective political subdivisions, hereinafter sometimes referred to as "such services". The contracting governments covenant and agree to purchase from the communications center all such services needed by their respective participa#ing departments. The communications center agrees to charge for such services and the contracting governments agree to pay for such services, all in accordance with the standards as hereinafter set forth for computing operating costs of the communications center, ARTICLE II - CENTER A P[JI3LIC ENTITY It is mutually acknowledged, agreed and understood by and between the contracting governments and the communications center that the principal reason for the existence of the communications center is that of establishing an instrumentality for providing such services for the various participating departments of the contracting governments on a more sound and/or economical basis than each contacting government could provide on its own. ARTICLE iIT -PERMITS AND LICENSES The comrnunieations center shall obtain at its expense, any and all permits, certificates and licenses required by any rules, regulations and laws for the construction and operation of its communication facility. The contracting governments will cooperate with the communications center, to the extent necessary, in obtaining such permits, certificates and licenses. 2 ARTICLE IV -MAINTAINING EC}UIPMENT It is agreed and acknowledged that it is of the essence to this Agreement that the communications center facility shall at all times be maintained in proper operating conditions, and the communications center shall sufficiently and adequately protect and maintain its facility and the equipment thereof in such manner that its services shall at all times he efficie~rtly rendered to the participating departments of the contracting governments as and when needed. ARTICIIE V -PERSONNEL The communications center agrees to furnish sufficient and qualified personnel to properly operate the communications facility and to supply the needed services to the participating departments of the cantracting governments an a 24 hour basis everyday hereafter, commencing on or before July I, 1998. ARTICLE VI -OWNERSHIP AND MANAGEMENT OF CC}MMITNICATIONS CENTER The contracting governments shall not be the owner or part-owner of any of the assets of the communications center; and, except as otherwise provided herein, the contracting governments shall have no control whatsoever in the management, operarion and awnership of the communications center. ARTICLE VII -ADVISORY BOARD While the management, operation, and awnership of the communication center remains with the Town of Vail, there shall be created an advisory board for tl~e purpose of reviewing protocol and making; suggestions as appropriate. `l~he advisory board is intended to create an opportunity For the parties to this Agreement to address issues that arise concerning the service rendered by the communication center. The advisory board will meet on a regular basis as determined adequate by that board to address issues and/or concerns that may affect the service being provided. Each party to this Agreement has the apportiuiity to appoint one representative to serve as a member of the advisory board. Such member shall be designated on an annual basis prior to the anniversary of July 1st for each year in which the appointing entity is a party to this Agreement. If during the annual term of a designated representative to the advisory board, there is a change, such change must be made in writing to the advisory board and the Town of Vail. ARTICLE VIII -ANNUAL CHARGES FOR SERVICES 'l'he contracting l;overnmenis hereby agree la the payment of a proportianate share ol• the operating costs of the communications center, which shall include but not be limited to the costs of salaries and li•inge benefits for employees, telephones, supplies, utilities, maintenance, remote computer terminals, insurance, and any other expenses related to the efficient operation of the communications center. Such operating costs chargeable to each contracting government will be assessed on a yearly basis. Such annual charges shall be based on police and emergency medical dispatch services by the number of total calls and for fire dispatch services it will be based upon apparatus responses. Actual radio exchanges may be used as part of the criteria for charges. A radio exchange is one or mare transmissions between the dispatcher and a unit of a participating department, involving a single topic, a single participating department and a relatively short period of time, as may be further defined from time to time. A transmission is ane continuous and uninterrupted message to or from the dispatcher. ARTICLE IX -DEFAULT IN PERFORMANCE In tl~e event any contracting government fails to pay its share of the operating costs when due, or to perform any of its covenants and undertakings under this Agreement, the Town of Vail through the communications center shall cause written notice to be given to the legislative body or other authority that approved this Agreement of its intention to terminate said Agreement as to such contracting government in default unless such default is cured within 30 days from the date of such notice. Upon failure to cure said default within the said thirty day period, the membership in the communications center of such contracting governments shall thereupon terminate and shall thereafter be denied service by the communications center. This article is not intended to limit the right of any party under this Agreement to pursue any or all other remedies it may have far breach of this Agreement. ARTICLE X - Fi1TIJRE CONTRACTS BY CQMMi1NICATIONS CENTER It is agreed by and between the parties that the communications center may be in a position to furnish radio communications services to other potential subdivisions in and within the County of Eagle and, in this regaxd, the contracting governments and the communications center hereby expressly agree and consent that such other contracts between the communications 4 center and other political subdivisions shall be on the same terms and conditions as this Agreement, as well as any other terms and conditions that the communications center may deem appropriate. ARTICLF, XI - DIJRATION OF AGREEMENT A. The duration of this Agreement shall be for a minimum period often years from its effective date. Not-withstanding the foregoing, however, with regard to any particular contracting government whose power to enter into contracts is limited to a specific period of time less than ten years, the contractual obligation of such government shall be for the maximum limit permitted to it. The contractual obligation of the parties to this Agreement shall also be subject to the annual appropriations as required by Article X, Section 20 of the Constitution of the State of Colorado. If a contracting government shall desire to terminate this Agreement as of the end of its term as aforesaid, it shall give written notice to the cammu~~ications center of its intention to terminate the same as of the date of expiration of the term hereof, and upon failure so to give such notice to the communication center, then as to such contracting government so failing to e ~;ercise its right to terminate, this Agreement shall continue thereafter on a year to year basis, indefinitely until such contracting government shall exercise its right to terminate this Agreement by written notice to the communications center of intention so to terminate the same to be given a minimum of 94 days prior to the next succeeding anniversary date hereof when such contracting government might duly terminate the sanne as aforesaid. Termination of this Agreement by a contracting government may be effected by filing with the Town of Vail an affidavit acknowledging that this Agreement, as it then exists, has been duly terminated by the due resolution of the legislative body or other appropriate authority of such contracting government so desiring to terminate the same and such off davit shall be duly signed by the presiding officer of said legislative body and the chief executive officer of such contracting government. B. The communications center agrees to provide the services that. are the subject of this Agreement for as long as the contracting governments desire the same to be provided, unless the number of contracting governments desirous of such services is reduced so as to make it economically not feasible to continue the operation of the communications center in the ,judgment and sole discretion of the communications center. 5 ARTICLE XIf - F.,FFECTfVE PATE This Agreement shall become effective upon the execution hereof by all of the duly authorized signatories of the parties. But in the event that all of the parties identified in this Agreement shall not have signed this Agreement on or before January 30, 1998, then and in that event this Agreement shall be effective and binding upon those parties who are signatories on or before said date. As to any political subdivision which shall not have become a signatory to this Agreement on or before said date, any participation by said political subdivision in the communications center shall be subject to the provisions of Article IX of this Agreement. ARTICLF, XIIf - SEVERABILITY CLAUSE If any provision of the Agreement or the application thereof to any party or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are declared to be severable. ARTICLE XIV -EXECUTION 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 so executing. IN WITNESS HEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Agreement to be executed the day and year first above written. TOWN OF VAIL By: Attest: Robert W. McLaurin Lorelei Donaldson, Town Clerk Its: Town Manager EAGLE CaUNTY I3y Attest: Its; • WESTERN EAGLE COUNTY AMBULANCE DISTRICT BY: Attest: Its: TOWN OF EAGLE BY: Attest: Its: GYPSUM FIRE PROTECTION DISTRICT By: Attest: Its: (1REA'i'Eit L;AGLE FIRL; P[t0'1'EC'1'lON UIS"1'RIC'1' [3y; Attest: Its: TOWN OF MINTURN By: Attest; Its: MINTURN FIRE DISTRICT BY~ Attest: Its: TOWN OF AVON BY: Attest: Its: 7 r 'i i t EAGLE COUNTY AMBULANCE SERVICE By: Its: Attest: 1~:5dispatcls,agl ~ • RESOLUTION NO. ~ SERIES OF 1998 A RESOLUTION ADOPTING THE INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG THE TOWNS OF AVON, BASALT, EAGLE, GYPSUM, MINTURN, RED CLIFF AND VAIL, COLORADO {MUNICIPAL CORPORATIONS ANll POLITICAL SUBDIVISIONS OF THE STATE OF COLORADO}, TO EMPLOY .IOfNT AND COOPERAT[Vr EFFORTS WITII EAGLE COUNTY TO OBTAIN THE MUTUAL GENERAL GOALS OF THE EFFICIENT, WELL ORDERED AND ECONOMIC PROVISION OF GENERAL GOVERNMENT SERVICES AND THE MITIGATION OF THE DISAGREEABLE IMPACTS OF UNCOORDINATED GROWTH. WIIEREAS, the Town of Vail Town Council desires to enter into an Intergovernmental Agreement with other municipal corporations and political subdivisions in Eagle County to address impacts of growth. NOW, THEREFORE, BE IT RESOLVED by the Town Council ofthe Town of Vail, Colorado, that; The Town Council hereby adopts the Intergovernmental Agreement attached hereto as Exhibit A_ 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of February, 1998. Ludwig Ku~e,~Mayor Pro-Tem ATTEST: , ;., Lorelei D aldson, Town Clerk ~~'p~N~e yr I;~~ C SEAL '~~h~, ~a~ ~~ AVM ,`; ~ • ~ INTERGpVERNMENTALgGREEMENT BETWEEN AND AMdNG THE TOWNS OF AVON, BASALT+ Fr4Gf.E, GYPSUM, MINTLIRN, RED CLIFF ANp VAIL PARTIES THIS INTERGOVERNMENTAL AGREEMENT (The "Agreement") is made and entered into #his day of , '1998, by, between and among the TOWNS OF AVON, BASALT, EAGLE, GYPSUM, MINTURN, REd CLIFF AND VAIL C(?LORApQ, municipal corporations and political subdivisions of the state (hereinafter "Municipalities"). AUTHORITY This Agreement is entered into, inter ells, pursuant to C,R.S. 29-7-209 et sea, arld Article XIV, Seciian 10 of the Colorado Constitution. RECITALS WHEREAS, the Municipalities are political subdivisions of the s#ate located whplly ar partly within Eagle County (hereinafter "County"~ and are responsible for ztining and land use contrt~l within the Municipalities; and WHEREAS, the County is a political subdivision of the state responsible #or zanir;g and land use control within the unincorporated areas of the County; and WHEREAS, the natural beauty, recreational opportunities and amenities of the County and its Towns have attracted high rates of growth in population and in land development for years and are predicted to attract high rates of growth in the future; and WHEREAS, the high rates of growth in the County and In the Municipalities have resul#ed in land use changes that have Contributed to transportation problems and traffic congestion, degradation of air and w$ter quality, foss of agrieui#ural resources, increased demands on social services and law en#orcement services, development sprawl and related inefficiencies in provision of wa#er, sewer and utility services and road maintenance, deficiencies in the provision of diverse and reasonable priced iZausing and a general, naticealale and Qbjeetionabie decline in the quality of life and of the aesthetic er~viranment throughout the County; and WHEREAS, generally accepted tenets and principles of planning, including those central to the Colorado Smart Growth Program, gall forcoordinated planning efforts among entities whose planning decisions affect one another, and that the benefits of such planning coordination are fundamental, numerous and well ~xh ib i t A • • known and WiN help mitigate the aforementioned problems associated with growth and land use change; and WHEREAS, ail of the municipalities of the Gounty have expressed concern to the Commissioners of Eagle County about land use change in unincorporated areas of the County that may adversely affect the residents of the municipalities and, further, some municipalities have formally proposed plans and procedures to said Commissioners for coordinating planning efforts between themselves and the County; and WHEREAS, the expressed concerns and formally prapased plans of the Municipalities have been inadequately addressed by the County and meaningful coordination and control of planning, growth and development has been unsuccessful throughout the County; and WHERFJ~S, each of the Municipalities has noW, or will have, important land use issues with the County related to the coordination and control of planning, growth and development such that the continued absence of such coordination and control with the County is a significant regional problem and is no langet an acceptable situation for the residents of the Municipalities and the unincorporated areas of the County. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as fallaws: 1. hAutual Goals, The parties hereto agree and acknowledge that the mutual general goats of the parties, namely the efficient, well ordered and economic provision of general government services to municipal residents and to residents of unincorporated areas of Eagle County and the mitigation of the generally recognized disagreeable impacts of uncoordinated growth herein above recited can only be achieved through the joint and cooperative efforts of the parties and that this Agreement furthers those goals, 7. ~trnicioallCounty Growth and pet~~pment Coordination. The parties hereto agree and acknowledge that their specific gva~l is to enter into an agreement or agreements with the County, employing sound regionally oriented planning principles, that encourage the following: a. Concentration of planned and needed growth and density in municipalities where such growth is more efficiently and cost effectively served by centralized infrastructure and services and 2 • ~ • Where 1t8 IOC~tian Will help pfeSeNe open spaces and agrict~itural land, b. Coordination of land use decisions between the County and Municipalities within those areas identified by the Municipalities and the County within which land use change will have a significant impact on either the County or a Municipality. 3. Joint Reouest to County for Meeting. Parties hereto agree to forward to the County a r~uest for an early joint meeting and to appear at any such meeting to present their views and opinions regarding the importance of coordinated planning. The purpose of such meeting will be to identify and communicate to the County the essential common principles of coordinated planning, the absence of which has united the parties to this Agreement, to seek the cooperation of the County to address these principles and to invite a meeting to accommodate mare de#aiied and substantive discussions and agreements. 4. Notice. Al! notices required under this Agreement shalt be in writing and shall be hand delivered or sent by registered ar certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two ~72j hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future natives e~hall foe sent. Native to Red Cliff: Town Cterk Town of Red ClifF Box 40 Red Cliff, CO 81649 Notice to Mittturn; Town Manager Town of Minturn Box 309 Minturn, CO 81645 Notice to Vail: Town Manager Town of Vail 75 South Fr©ntage Roar# West Vail, CD 8185? Notice to Avon; Tawn Manager Town of Avon Bax 975 Avon, CO 81620 3 • • Notice to Eagle: Town Manager Town of Eagle Bpx 809 Eagle, CO 8163'3 Notice to Gypsum: Town Manager Town of Gypsum Box 130 Gypsum, CO 81637 Notice to BaQa~: Town Administrator Town of Basalt 101 Midland Avenue Basalt, CQ 81621 • 5. Severability. if any provision of this Agreement shall be determined to be invalid by a court of competent ~urisdiatian, such determination shah not affect any other provision hereof, all of which ether provisions shall remain in foil #orce and effect, and such invalid provision shall be replaced with a valid provision which most closely sets forth the intentions of the parties. B. Enfnrcement• The parties agree tf~at the provisions of this Agreement shall be impiernented immediately upon the signing of the Agreement, or as soot? thereafter as possible. 7. Modifr~ation. This Agreement may be changed ar modified only in writing by an agreement approved by the rQSpective Boards of the Parties, and signed by authorized officers of each party. S. Termination. This Agreement shall remain in #ull force and effect unless terminated by any signatory municipality upon thirty {3U} days` r~atice. ~ ~ The foregoing Agreement is approved by the Board of Trustees of the Town of Red CIifI', Cnforado at its regular meeting held on the of . 9 998. TOWN OF RED C[.IFF, COLORADO 13y A t ~ rST: Tpwn Cleric Mayor APPROVED AS TO FORM: gy Ailen Christensen, Town Attorney 5 ~ ~ • The foregoing Agreement is approved by the Town Council of the Town of Mintucn, Colorado at its regular meeting held an the of ..1998. 7"t~WN 4F MiNTURN, CC}LORADO sy ATTEST: Town Clerk Mayer APPROVED AS TO FARM: By Allen Christensen, Town Attorney fi • • • The foregoing Agreement i~ approved by the Town Council of the Town of Vail, Colorado at its regular meeting held on the of . 1 X88. TOWN OF VAIL, COLORADO ay A ~ i tST; Town Cleric Mayor APPROVI^D AS TO FORM: By Tom Moorhead, Town Attorney 7 ! = 3 t 1 The foregoing Agreement is approved by the Town CounciC of the Town of Avon, CaiOrado at its regular meeting held on the of ~ 998, TOWN OF AVON, COLORADO By Mayor ATTEST: Town Clerk AI'pROVED AS TO FORM: ey John i]unn, Trnvn Attorney J 8 • ~ ~ ~ The farsgoir~g Agreement is approved by the Town Council of the Town of Eagle, Colorado at its regular meeting held on the of 4 g88. TOWN OF EAGLE, COLORADO gy ATTEST: Town Clerk Mayor APPROVEi~ AS TO FtJRM: ay Edward Sands, Town Attamey ~; • • • The foregoing Agreement is approved by the Town Council of the Town of Gypsum, Cofarado at its regular rneetir3g held on the of 1998. TOWN OP GYPSUM, COt,ORADO ay ATTEST: Town Cierk Mayor APPROVED AS TO FORM: ey Robert Cale, Town Attorney ~o ~ • ~1 ,F ,r • The foregoing Agreement ~s approved by the Board of Trustees of the Town of Basalt, Calorada at its regular meeting held ot~ the of , 1998. TOWN OF BASALT, cot_Q~-oo By ATTEST; Town Clerk Mayor AP~'RO~lED AS TU FURM: By Jody Edwards ifi, Tawn Attamey 1~ • • TOWN OF vAIL ~ 75 South Frontage Road Vail, Colorado 81 b57 970479-2100 FAX 970-479-2157 FAX. PHONE TRANSMi i i AL SHEET TO: ~'~ ~t COMPANY NAME: ~/!~ ~~~ C fAX PHONE NUMBER: „~~~'- .~~?Q_3 FROM; ~1 L~~ DATE: ~2~.3/9~' TIME: / ~ /~~ # OF PAGES iN DOCUMENT (including cover sheet): \ 1-; , RESPONSE REQUIRED? SENT BY: 's'own of Vail Fax Phoue Number: (9701479-2157 Tawn of Vail Phone Number: X9701 479-2X00 i ,• xer, rctE•n Par~En ,~ • J RESOLUTION NO. S SERIES OF 1998 A RESOLUTION ESTABLISHING THE TIME FOR COUNCIL MEETINGS. WHEREAS, on February i 7, 1998, upon second reading "Town Council approved Ordinance No. 2, Series of 1998, which provides that Town Council shall biennially establish the time of its regular meetings. NOW, THEREFORE,I3E IT RESOLVED by the Tawn Council of the Town of Vail, Colorada, that: The Town Council regular meetings on the fixst and third Tuesdays of each month shall commence at 7:00 p.m. Mountain Standard Time. 2. Town Council may, from time to time, adjust the starting time as necessary to meet scheduling requirements. 3. .This resolution shall take effect immediately upon its passage. 1NTRODL7CED, READ, APPROVED AND ADOPT this 3rd day of March, 1998. ~~ Robert E. Ford, Mayor ~ ATTES~~ ~~ ~~_~~ ~~ ~'~ L elei T~onaldson, ~„~c~~ Town Clerk 1. _ _ -~ y RESOLIITION N0.Fi Series of 1998 A RESOLL)TION DESIGNATING AN ADDITIONAL SIGNER SIMONE SPECTOR AND REMOVING SIGNER GWEN THOMAS ON AN IMPREST CHECKING ACCDLTNT FOR LIBR_AR~t n~nosrm fi1~~S7.^AG''TSQNS F'ox THE TOWN OF VAIL, 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 Simone Spector as a signer on this account. WHEREAS, the Tawas wishes to remove Gwen Thomas as a signer on this account. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Simone Spector is designated as a signer for the existing imprest library checking account for the funds of the Town of Vail. 2. Gwen Thomas is hereby removed as a signer for the existing imprest library checking account far the funds of the Town of Vail. 3. This Resolution shall take effect ediately upon its passage. INTRODUCED, READ, APPROVED AND PIED x 16ftT,rday of June 1998. , ~~_ Robert E. ard, Mayor ATTEST: _ ~ Lorelei Donaldson, Town Clerk • RESOLUTION NO. 7 SERIES OF 1998 A RESOLUTION RENAMING VAIL VALLEY DRIVE, NORTH OF I-70 TO ELKHORN DRIVE. WHEREAS, the property owner on Vail Valley Drive, North of I-70, Vail, Colorado, has requested by petition to change the name of the street to Elkhorn Drive; and WHEREAS, the agencyldepartment approvals from the Town of Vail have been received; and WHEREAS, those agencies and departments outside of the Town of Vail have indicated their approval or have been notified as required for the change of the name; and WHEREAS, the Colorado Department of Transportation approval is pending the approval of this Resolution. WHEREAS, all requirements of Ordinance No. 7, Series of 1985, providing the procedure for requesting a different address have been fulfilled. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. Vail Valley Drive, North of I-70 (see Exhibit A), which is located at the Tawn of Vail Public Works Facility, is hereby changed to Elkhorn Drive. 2. The Community Development Department will assign the appropriate change to the current address map on file. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19 day of May, 1998. L~ '" Ludwig Kurz, ayor Pro-Tern ATTES ~~ ~~~~ ~elei onaldson, Tawn Clerk C:IRESOLU98.7 Resolution No. 7, Series of X998 f;{everyo ne5o rdLres7.8B A .. ~ ' f .~ST seA~~~i"=zoo' 200' o' itio' 2bd 6 ' "EXHIBIT A' .1N( 5 970 TRACT D ice! \loi~~ 2 1L~2i ~ a ~L~7~ ~_~__~ PARCEL D ~!W Jt+~ j ~W =~2 H ~ ~ WWW !n .•- r a S~ p'C ,+ :~_ oo~~cc • ~~~r~~~ '~AOo X -~ 0 m Q W ~ Q ~ -* n (D ~_*. o -.. Q o Q G Q a o- ~ 0 0 ~ -~ ~_ "' O U 1~p g. ~ o ~ O ,% O Q Q ~' Q Q. -~~ ~ -,, ~, O -a ~ O C 0 _ y a°ro ? Q o ~~ m ;-a m o~~ D ~~ fl c CD ~ U~ cD ~~ Q Q a~ O n ~ ~ ro Q -~ ~ ~ -~ ~ ~ m m < c ~ 3 ~ ~ ~p o ~~ o ~ ~ Z D .p ~ ~p Q ~ ~ ~ ro ~. 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N N gin. ~ ~ ~ ~' ('1 p Q d ~ ~,- -* ~ ~1 O D o CD ~ h ~ Q. 7 ~ ~ ? ~. ~ ~ "" O -+ N ~ ~ ~- ~ ~ O ~ ~ ~ 6 ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' O ~ Q ~ ci7 cn Q `t3 C? ~ N q T3 ? ~~ aa~-~ ~ Q oa ~~a ~ o -Cm~~o'ro~'33o~,o~x.~,m ~ ~ o ~ ~~ ~° mo~.ro~~~Q.c~~-o © ~- m ~ ~~ 4 N ~ .~ Q.~ ~~Qro¢~N~~o~ o t~ ~ cv ~ cn ^~ R ~. - q Nr ~• ~. / ~j ~ t p0 ~w~Nm~~~~~u~ 4 ~~ ~ ~tA'^o ~ .c ~ ~ g ~~ ~~ ~ ~~~ -~ ~~ ~ ~~s ~ ~ ~ ~.~ ~ ~ `~ ~ ~~~e ~ °i ~ ~ q ~ ~gpr -~ ~~3 `~~~ ~A~ o ~x $=~~~m 3~maz~ o~ G ~,~ g ~~3.~ ~ ~ n ?~~~ms ~~w,mpgop'2 oy ~~~ D ~ m '~ t~' .~; y Z ~ ~o ~•t •, a R , ~ c A` RESOL'E~TION N0.9 SERIES OF 1998 ADUI''I'ING A PLAN FOR HOUSING, PARIS, OPEN SPACE, SITES FOR COMMUNITY FACILITIES ANll A FUNDING PLAN TO PROVIDE FOR THE IMPROVEIVIENTS. WHEREAS, the Vail Town Council, Town staff and aver two hundred interested citizens and homeowners have participated in a public process known as Common Ground; and WI-IEREAS, the Common Ground process has provided a well reasoned basis for the Vail Town Council to established a phased development plan to provide for-sale housing developments, seasonal housing developments, parks, open space and sites far community facilities; and WHEREAS, the analysis provided in the Common Ground process has identified densities which will be adjusted during the development review process to maintain the integrity of existing neighborhoods; and WHEREAS, the Town of Vail will use, but not be limited to, the following criteria to determine density of fixture housing projects identified in Exhibit A during the development review process: compatibility to the density of adjacent development, traffic and parking constraints, impacts to neighborhood services, and the ability to cost effectively achieve the Town's housing goals; and that: WI-IEREAS, the Common Grouizd process has also provided a basis to adopt a funding plan. NDW, 'fI IEREF012E, be it resolved by the Town Council of the `l'awn of Vail, Colorado 1. The Vail `town Council adopts Exhibit A which is attached hereto as the siting matrix and fielding plan to be implemented over the next eight years. 2. The Town MaYnager is hereby directed to take whatever steps are necessary to affect the actions and goals identified in the attached Exhibit. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND AT~OI'TE is 30th day of Ji Robert L, Iaord, Mayor 998. Resolution No. 9, Series of 1998 .. a~ ..~ . ~ * ! Y .~ ~ f COMMON GROUND PREFERRED FUNDING PACKAGE PHASE I I998-1999 Funding Sources: • Proceeds from sale of two land exchange properties** 52.5 million **(requires Council vote to use RETT funds for this purpose) • Proceeds from sale of ttivo Town-owned sites 52.2 million (Willow Way aad Beaver Dann Rd.} • TOV Housing Fund (funded out of capital budget) $300,000/year PHASE II 2000-2002 Funding Sources: • Refinancing of Town debt (first three of six annual payments] X500,000/year • Retired RETT-fended golf course mortgage payments** $340,000/year **(requires Council vote to use RETT funds for this purpose) • TOV Housing Fund (funded out of capital budget] 5300,000/year PHASE IIZ 2003-200G Funding Sources: • Retired RETT-funded golf course mortgage payments** 5340,OOQ/year **(requires Council vote to use RETT funds for this purpose) • Refinancing of Town debt (last three of six atanual payments) 5500,000/year • TOV Housing Fund (funded out of capital budget) $300,000/year Nate: Allocations of retired golf course mortgage payments (RETT-funded} to be sunsetted in year 2006 Flrat Phase 1998-1999 Parks Open Space xi ~ t ~ ~ r. CQMlNON GR~ SR"tf+lG MATRlX ~ 6f3Ur98 ' r Location "'"""r"' ~Hausina casts' Swoe oaru Portion of Lower Bench 3. 4 acres Portion of West Vail 3.5 acres L. Ladner 7.5 acres Boom Creek Scream Tract 2 acres Lienshaad Stream Tract 3.5 acres Potato Patch ripen Space 15 acres Past Vail Water Tank 6.8 acres Lipper Bench 30 acres Housing Tract C sale east blast Vail sale wasi Linnshead seasonal central Lowerflench seasonal west buy downs Acquisitions acquire Timber Ridge acquire Hud Wirth Cammunlfy Facilities Define needs and determine funding options fpr selected sites Gnarter taus Lot GcIF Gcursa Club Hose Second Phase 2000 -2002 Parks Tract A • West 4 acres Por,~pn of MiCdla Bench 1 acres Open Space Tract A • Middle 5 acres Kara 6uteil 4o pores Housing Tract A • East sale east M;ddle plus flop Leg of upper sale west Fled Wirth sale west limber Ri~ge seasonal west puy Downs sale dispersed Gcmmunity Facilities Ganstruct ccmmunity facilities accordin ; to Phase I conclusions l'ttlyd Phase 2'''3 -2006 Parks r•one Op9n Space Snowberry 13.9 acres Nousi~g Water7reatment save east hSoun[ain 8611 save central In!armauntain sale wesl O':1 Town Strops seasonal central Buq Downs save dispersed Corr..runiry Facilities WiR have been completed 3300,000 $75,000 S 40,000•' SO SO SO $0 SO $ i 50,Oa0 S IOO,OaO $a S3,aa0,000'• 340.0,000 $75,000' " 31,200,o0a 30 $420.000 30 53, 000,000 5440,000 $330,000 5600,D00 575,aoo 5250, 000 saao,ooa 3250, C00 51 10, 0(30 .; 9 Sa00.000•- SO I 5135.C0~" 'Casts shown renect the gap between anticipated axpe^c.;ures and protected revo.^.ues, Revenues havo been based :^ "affordable" sat©s and rental rates of approximately 512a'sq.ft. and Sa25Jbedrenm'montn respectively. Financing ' asumptions play a key role in 1,`e seasonal a~rtay'ss ^~ site construction casts play a key rcla in the for-sale analysis. "Open spaco pareis to be purcr:ased ~t°r;;• cpcor•,ur -y fcr pelow-market acquisa:,rs became available. "'This Figure rellects the rw: cf ccnsx_°~. ~ .; oar, " , srr•.._: rp for bath tna hauc • :, a°., ,.~,~. cses. Ghaaoer alternatives are available, bct rec•.:ce . " _ _.. A^•_ .. - _ssonal density typ~ca ~: ~~-~:, yes cnsts, as ecorc^:es of scale arts reduced. " Thls figure refia ~ the costs cF assem,-; ,ry a cave ~.rre. ;team. Consultants w~:, ba required Ee prev de cbjectwa opinions as to deveioprrent potentia'. ,• .' i RESOLUTION NO. 10 SERIES OF 1998 ADOPTING A PLAN FOR HOUSING, PARKS, OPEN SPACE, SITES FOR COMMU1Vt i Y FACILITIES AND RESCINDING RESOLUTION N0.9, SERIES OF 1998. WHEREAS, the Vail Town Council, Town staff and over four hundred interested citizens and homeowners participated in two public processes known as Vail Tomorrow and Common Ground through a series of public meetings and workshops; and WHEREAS, the Vail Tomorrow and Common Ground processes provided a well reasoned basis for the Vail Town Council to establish a phased action plan to provide for-sale housing developments, seasonal housing developments, parks, open space and sites for community facilities; and WHEREAS, the Common Ground process identifies eleven undeveloped sites throughout Vail for use as affordable housing, in addition to other sites recommended for open space, parks and community facilities; and WHEREAS, since adoption of Resolution No. 9, Series of 1998 on June 30, 1998, the Vail Town Council has continued to receive significant public input on impacts to various neighborhoods through the potential development of the identified sites, the use of sites acquired by the utilization of the Real Estate Transfer Tax funds and the use of the Real Estate Transfer Tax as a permanent funding source for housing; and WHEREAS, the Vail Town Council desires to rescind Resolution No. 9, Series of 1998, to acquire broad based community support to effectively move toward the community goal of developing additional units to address the housing problem; and WHEREAS, a broad section of the community has, in response to Vail Town Council's request, submitted over 80 comments and suggestions for housing; and WHEREAS, Council wishes to emphasize that the Common Ground process is dynamic rather than a static plan and will continue to respond to the community's needs and concerns. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Vail Town Council hereby rescinds Resolution No. 9, Series of 1998. ~R 2. The Vail Town Council hereby identifies the following sites to be considered for housing m three separate phases as follows: Phase I West Vail (intersection of Arosa Drive and Garmish} Lionshead Parking Structure Tract C (near Vail Mountain School) Phase II Timber Ridge Hud Wirth Tract A (between Bald Mountain Road and I-70) Mountain Bell Phase III Intermountain Donovan Park Water Treatment Site Old Town Shops 3, The Vail Town Council hereby identifies the following sites to be considered far parks in three separate phases as follows: Phase I West Vail (intersection of Arosa Drive and Garmish} Phase II Tract A (between Bald Mountain Road and I-74) Phase III Donovan Park 4. The Vail Town Council hereby identifies the following sites to be considered for open space in three separate phases as follows: Phase I L. Ladner Booth Creek Stream Tract Lionshead Stream Tract Potato Patch Open Space East Vail Water Tank Phase II Tract A {between Bald Mountain Road and I-70} Phase III Snowberry Donovan Park 5. The Vail Town Council hereby identifies the charter bus lot and the golf course clubhouse as sites to be considered for community facilities. .• . , ~ • 6. The phases will be considered chronologically and allow for continued evaluation of the appropriateness and need to move to subsequent phases upon completion of a prior phase. The Vail Town Council hereby directs staff to move forward with a public process to determine density and architectural quality for the properties mentioned above in Section 2 on a site-by-site basis. 7. These eleven sites include property which is presently undeveloped as well as developed sites and are primarily Town of Vail owned but also include privately owned property which will require potential partnerships and negotiations with the private land owners. $. The Community Development Department has developed a matrix of suggestions and comments from the community regarding housing solutions and the Town Council hereby directs that suggestions refo~~~~ced as A or B in the matrix be incorporated into actions to be taken as appropriate and consistent with the Common Ground process and the goals hereby identified by the Vail Town Council. 9. At this time Vail Town Council foresees considering using funds as needed from the ref nance of the Town debt, proceeds from the sale of Town owned parcels of land, proceeds from the culmination of the Land Ownership Adjustment Agreement with the Forest Service ~ and continuing an annual allocation from the General Fund to the Housing Fund on an as needed basis. 10. The Vail Town Council, the Town Manger and staff will continue to move forward to take actions necessary to accomplish the goals of the Common Ground process recognizing that this shall include meeting all requirements of the Vail Town Charter and Code, the Colorado Constitution and all other applicable state and federal law, including but not limited to, Article X, Section 20, Colorado Constitution; Article IX, Vail Town Charter; and Title 12, Vail Town Code. A- 11. The Vail Town Council further states that it is oat its intention, finding or belief that this Resolution shall effect any change in zoning designation, allocate any specific funds, or otherwise affect any legal status or supexsede any required action necessary ar required by the laws of the United States, the State of Colorado or the Town of Vail. 12. The Vail Town Council further states that the Common Crrnnncl nrnrr~cs ie rl,vnam~~ rather than a static plan and will continue to respond to the community's needs and concerns. 13. The Vail Town Council recognizes that this Resolution is a statement of its general intention to move toward the accomplishment of the goals of the Common Ground process and is not an exercise of the Vail Town Council's quasi judicial functions as those various functions are established by the Vail Town Charter and Town Code. ~~. a ~ ` ~ • 14. This resolution shall take effect immediately upon. its }passage. 1NTRODUCED, READ, APPROVED AND ADOPTED this 15th day of September, 1998. ~~~p~sN Ofi q~`'~i. .' ! ''% ~` SEAL -,. ATTEST: ,~'`~~~iriC~LORP~`~~~~`~~ •rurua~uisuus»~t~~~~ Lorelei Donaldson., Town Clerk Robert E. Ford, Mayor ~t ~~ ~ y ~ r ~ fl ,...NA;9p1 +, y O i ro ~ ~. i-y ~ : Z o ~ ~7 Z Z ~ ~ ° ~^ o .h ' •• ~ ~: ~ ~.....••`~ ~t?O ~- ~ a '" '~~~ 3, ~, 0 ~_ Q N O .~ 7 _"~`~ ~ o {D r' ~ ~ O .~ -' O - '--- O v O Q ~~J ~~ I I\J ~ .e. o a a Q. m a z ~~~ r ~ ~ ~ ~ ~~: ~~ ~ c~ 3~ ~; ~ 3 Q -~ O Q. ~ r Z m 4 Q ~ ~ Q ~ ~ ~ a C3. ~ Q C,~ O m ~ fiv ~' -~ o ~ tCi m C s ~ cn cep ~ ~ ° ~ = ~' ~ ~ ~ m ~, ~ ~ ~ m o o ~ ~ Q <n ~?. o ~ ~ c ~ m Q ~ ~ o ~ ~ v'« ~ Q ~ ~ CD rn0 O O ~~ i ~~,~~ ~~~ o ~, ~ ~ m ~ -o~i t~ ~ Q m' Q ~ 14-, ~ ~ ..r N ~ ~ ~ ~ CP ro to N ~ ~ O CJ ~~.. r Q ~ ~_ ~ @ G C1 p ~~ ~. ~ p cn z `a ~ Cl Q ~ ~ CD ~ r=n ~ ~. ~ ~ O ~ ~' Q 4 ~2 (] {~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~ N @ ED (p (Q CD tp - - ~ ~ _ ~ ~~~ ~~ S 1'h ~~ ~. ~~e q. 3~ a' +Q C Z w < •~ ~~~~~ ~~ ~ - ~ ~ ~~ ~ ~ ~ ~~~ ~ , ~i~ ~~~~~ .• ~, ~• O~ ~ ~~ ~•r ~ f..~ o,~•. 4~ ~c • €' z, ~-_. Q ro c o Q n n O N a o ~ N d~ 0 ~~ d O ~ ~5 0 3 m 0 a ~~ 7 a O ~~ :~ c 'm ~ ~ ~ N -} . ^OG m ~ m ~ Q ~ a ~ ~ ~ o Q ~ a. ~ ~j o '` ~ ~ ~ ~ ,~ n. o ~ m ° ° -~ o m D -~- ~ Q N ~ ~ ? Q (D ~ ~, ~, Q r m u ,' Q. ~ Q. d N ~ ZD ~ (p ~ cU 4 m ~ ~ (D z ~ ~ n . ~ , (~ (-~` ° ~ ~ Q ~ a m cn ~ 0 x Q ~ Q ~ ~ ~ Q 3 ~ ~ ~ O ~ ~ ~ ~ ~ O ~ b ~ a O 0 ~ ? v ro Q ~ ~- C7 ~ o ~ . ~ ~ fl- ~ Q ~- o g m O Q O ~ c D ~ n ~ -C ~ O O ~ ~ ~ ~ ~ O Q ~-~ ~ fl o ~ Q ~ m ~ O a a ~ Q m o N ? m ~ o m a Q ~ ~ ~ ~ Q a ~ a ~ c Q O ~ Q ~ ~ p ~ m ~ ~ a ca ~ ~ m fl ~ ~ m ` ° c~ ~ ~ ~ ~. ~ m m _ . • fl m ~ ~ ~ O ` ~ tD ~ ~ IV O C ~ ~ (Q N Q p ~ ~ (D ` 7 C -r' n ~ -~ C ~ ~ 7 ~ Q X ~ ~ Q C!~ G c n ~ -r Q Q ~ ~ O m ~ ° cD ro ~ m ~ -~ o ~ m ~ 0 0 ~. ~ ~, o ~ ~ Q C "' ~ ~ 7 Q ~ O y T -~ O (D . Q C (D Q tD. 6 ~ cu _ ~ m ~ ~, O ~ m ~ C ~ ~ ~ O_ ~. C Q d ~ ~ O ~ ~ ~ ~ ro ~ ~ ~ ~ ~ ~ ~ a Q ~ ~ ~ -r D c~D cD ~ Q ~ ~ - ~ Q cD !- n ~ O D z o T 0 0 ~ O m 0 vv 0 • /V 0 O C W n O Z RESOLUTION NO. I1 SERIES OF 1998 A RESOLUTION AI'I'ROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF} WHEREAS, the Town of Vail, on behalf of the Vail Police Department, has submitted an application to the Colorado Department of 'Transportation, Office of Transportation Safety for funding a LOAF project for the enforcement of laws pertaining to the driving under the influence of alcohol or other drugs, pursuant to §43-4401 through 40d, CRS and to LEAF Rules at 2CCR 602.1; and WHEREAS, the State has approved an application and has prepared LEAF Contract which provides X33,000 in LEAF funds; and WIIEREAS, the Town of Vail has the authority and responsibility to fund the Vail Police Department and to sign contracts on behalf of the Vail Police Department; and WHEREAS, a resolution by the Town of Vait formally approving the LEAF Contract and authorizing the proper signature to be affixed to the Contract indicating such approval is required by the State of Colorado. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Town of Vail hereby approves the term, conditions and obligations of LEAF Contract and hereby authorty-.es the Town Manager to sign the LEAF Contract on behalf of the Town of Vail. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this J~~'day of November,, 1998. ~~V;1~ ur Y • ~'~. ~9~ ~EAE ...,.~' ATTEST; ~s~.,n~c~~'t•!,•,-. Robert E. Ford, Mayor Lorelei Donaldson, Town Clerk • • • RESOLUTION NO. 12 Series of 1998 A RESOLUTION DESIGNATING A MONEY MARKET SAVINGS ACCOUNT EARNING LESS THAN 4.5% FOR ARBITRAGE REASONS FOR TIIE TOWN OF VAIL WITH ROBERT MCLAURIN, STEVE TI-IOMI'SON, AND CI~IRISTiNE ANDERSON AS THE DESIGNATED SIGNERS ON THAT ACCOUNT, PERMiTTI+PD BY T1EIE 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 WI-IEREAS, the Town has received a check for accrued interest of $41,894.51 as a result of issuing the 1998A and B Sales Tax Bonds; and WI~EREAS, this amount mast be kept separate from other Town monies; and WHEREAS, this amount will he used towards the bond payment due on 1211198; and WI3EREAS, the Town wishes to open an account earning interest less that 4.5% for arbitrage reasons; and WHEREAS, a money market savings account at Firstbanlc of Vail currently earns 3.75%. NOW, TIICREI'ORL, 13E IT RESOLVED by the Town Council ofthe Town of Vail, Colorado, as follows: 1. Robert McLaurin, Steve Thompson, and Christine Anderson are designated as signers for the money market savings account for tlae funds of the Town of Vail. 2. This Resolutio~i shall take effect imn~ccliat~:ly upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of October 1998. A`CTE ~: ~~ y ~~-.~ ~~ ~ ~~~ L r~lei onaldson, Town Clerk ~~~~~~~~',yqy Ur .....~ii~~~ r F 1J .,.~ ~a .. ., ~'r ~ i Ludwig k~rz, Mayor Pro-Tem RESOLUTION NO. 13 SERIES OF 1998 A RESOLUTION ALLOCATING THE RESERVE FUND OF THE TOWN'S 1991 SALES TAX KEVENUE 130NllS WHEREAS, on October &, 1998 the Town issued Sales Tax Refunding Bonds that resulted in eliminating the bond reserve that had been required under the 1991 Sales Tax Revenue Bonds; and WI-IEREAS, the balance of the bond reserve was $322,312.92 on October 6, 1998; and W[-ILREAS, that bond reserve is held in a separate money market account; and WI-IEREAS, the interest rate on the reserve funds cannot exceed 6.09321 %; and WI-IEREAS, the Town Council has not allocated the balance of the bond reserve for a specif c purpose; and WIICREAS, the 'town will be purchasing buses costing $2,027,970. NOW, TI-IEREF'ORE, be it resolved, by the Town Council of the Town of Vail, Colorado that: 1. The money market account of $322,312.92 be moved to the Capital Projects T'und. 2. This amout~t, plus earned interest, will be used toward the purchase of new buses. The Town Council hereby finds, determines, and declares that this resolution is necessary and proper for the health, safety, and welfare of the Town of Vail and its inhabitants thereof. ~. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of October, l 998. ATT `1': ~o~ele,' Donaldson, 't'own Clerlc ,,;... ,,~q `,'.., ... C u ~: .~ i ~~~~ L ~~L ~ v .i-~ :.sa"> r Ludwig K ,Mayor Pro-Tem RESOLUTION NO. 14 SERIES OF 1998 A RESOLUTION ADOPTING THE LIONSHEAD REDEVELOPMENT MASTER PLAN DATED DECEMBER 15, 1998 AS AN OFFICIAL ELEMENT OF THE VAIL COMPREHENSIVE PLAN AND AS A VALlD PLANNING DOCUMENT TO BE USED TO GUIDE REDEVELOPMENT AND GROWTH IN THE LIONSHEAD STUDY AREA. WHEREAS, Section 3-2-6 of the Municipal Code of the Town of Vail .provides that the Planning and Environmental Commission shall make and adopf a Master Plan for approval by the Town Council for the physical development of the town; and WHEREAS, the Lionshead Redevelopment Master Plan was developed through extensive participation by the public, the Planning and Environmental Commission, and the Town Council; and WHEREAS, the Lionshead Redevelopment Master Plan is a reflection of the goals, desires, and objectives of the citizens of the Town of Vail for the long term planning of the development of the Lionshead study area; and WHEREAS, the Town of Vail has developed the Lionshead Redevelopment Master Plan in order to assist in the rehabilitation and redevelopment of the Lionshead area; and F 1 ` WHEREAS, the Planning and Environmental Commission at its November 23, 1998 meeting recommended approval with conditions of the Lionshead Redevelopment Master Plan; and WHEREAS, the Town Council is of the opinion that the Lionshead Redevelopment Master Plan is an appropriate long range planning document guiding growth and development within the Lionshead study area as set forth in the document; and WHEREAS, this plan may be utilized in part for the implementation of a Downtown Development Authority and the use of Tax Increment Financing. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Lionshead Redevelopment Master Plan, dated December 15, 1998, is hereby adopted. The Lionshead Redevelopment Master Plan is hereby adopted as an official element of the Vail Comprehensive Plan and shall be utilized to guide growth and redevelopment activities in the Lionshead study area. The Lionshead Redevelopment Master Plan may be revised from time to time to correct errors in spelling, grammar, and formatting. INTRODUCED, READ, APPROVED AND ADOPTED t ' 15 day o cember, 1998. ,,, ,;,,,,,,,,,,Roberk E. Ford, Mayor ~ A EST: a1~j~~ ~ ~orel i Donaldson, RESOLUTION NO.15 SERIES OF 1998 A RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN AND ESTABLISHING A TRUST. WHEREAS, the Town of Vail established a deferred compensation plan in April of 1981; and WHEREAS, on July 18, 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 contributions for the Town of Vail Deferred Compensation Plan and to use new investment providers for the Town of Vail Deferred Compensation Plan; and WHEREAS, the Town of Vail believes it is in the best interest of Town of Vail Employees to amend and restate the Town of Vail Deferred Compensation Plan and to establish a trust to hold the assets of the Plan, as required by_the Internal Revenue Code. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, that: 1. The Town of Vail does hereby adopt the Town of Vail Deferred Compensation Plan and Trust, attached hereto as Exhibits "A" and "`B." 3. This resolution shall take effect immediately upon its passage. INTRODUCED, ,„ ,~~~~ APPROVED AND ADOPT his 1 st d £ December, 1998. '' E ~ ~' - Robert E. Ford, Mayor ~J 1 .'Il q! f ! 1 S i 13111 l1 U ~ ~t~~~S ATTEST: ~''~ CpLORA~~.~~```~~ v"~' l ~ `- oI lei Donaldson, Town Clerk TOWN OF VAIL DEFERRED COMPENSATION TRUST AGREEMENT (as o~December 31,1998} BRB152d3413dd E43.d2 ~, i TOWN OF VAiL DEFERRED COMPENSATION TRUST AGREEMENT . WHEREAS, the Town of Vail established the Town of Vail Deferred Compensation Plan (the "Plan"} effective December 31, 1998; and WHEREAS, the Plan requires that the Plan assets be held in trust, pursuant to the Internal Revenue Code of 198b, as amended; NOW, THEREFORE, the Employer and the Trustee agree as follows: Section 1. Definitions. (a) Beneficiary: "Beneficiary" means the person(s) or estate entitled to receive benefits under this Plan after the death of a Participant. (b) Code: "Code" means the Internal Revenue Code of 198, as amended, and including ail regulations promulgated pursuant thereto. (c) Deferral: "Deferral" means the annual amount of Compensation that a Participant elects to defer receipt of pursuant to a properly executed Voluntary Salary Deferral Agreement. (d) Eligible Employee: "Eligible Employee" means any person, excluding independent contractors and seasonal employees, who performs services for the Employer as a regular full-time Employee and who receives coi~ipensation from the Employer for services performed. (e) Employer: "Employer" means the Town of Vail, Colorado. (f) Participant: "Participant" means an Ella ble Employee or former Eligible Employee who is or has been enrolled in the Plan and who retains the right to benefits under the Plan. (g) Plan: "Plan" means the Tawn of Vail Deferred Compensation Plan dated the 31 ~` day of December, 1998, as amended from time to tune. (h) Retirement Board: "Retirement Board" means the board appointed pursuant to Section 2.14 of the Town of Vail Employees' Pension Plan, adopted January 1, 1994, as amended or restated from time to tune. BRB1.520 5.13 001.1S.0? ' i !~ (i) Trust or Trust Fund: "Trust" or "Trust Fund" means the trust established pursuant to this Town of Vail Deferred Compensation Trust Agreement. (j} Trustee: "Trustee" means the Retirement Board established, appointed and maintained by the Employer. Section 2. General Duties of the Employer: The Employer shall make regular periodic payments to the Trustee equal to the amount of its participating Employees' total Deferrals which are deferred in accordance with the Town of Vail Deferred Compensation Plan. Section 3. General Duties of the Trustee: The Trustee shall hold all funds received by it hereunder, which, together with the income therefrom, shaIl constitute the Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make payments therefrom, all as hereinafter provided. The Trustee shall also hold aIl Trust Funds which are transferred to it as successor Trustee by the Employer from existing deferred compensation arrangements with its Employees which meet the same Internal Revenue Code requirements which govern the Plan. Such Trust Funds shall be subject to all of the terms and provisions of this Trust. Section 4. Investment Powers and Duties of the Trustee: The Trustee shall have the power in its discretion to invest and reinvest the principal and income of the Trust Fund and keep the Trust Fund invested, without distinction between principal and income, in such securities or in other property, real or personal, wherever situated, as the Trustee shall deem advisable, including, but not limited to, stocks, common or preferred, bonds, retirement annuity artd insurance policies, mortgages, and other evidences of indebtedness or ownership, and in common trust funds of approved financial or investment institutions, with such institutions acting as Trustee of such common trust funds, or separate and different types of funds (accounts) including equity, fixed- income, and those which fulfill requirements of state and local governmental laws, established with such approved financial or investment institutions. For these purposes, this Trust Fund may be commingled with others established by the Trustee under this form of agreement with other Employers. In making such investments, the Trustee shall not be subject at any tune to any legal limitation governing the investment of such funds. Investment powers and investment discretion vested in the Trustee by this Section may be~ delegated by the Trustee to any bank, insurance ar trust company, ~or any investment advisor, manager or agent selected by it. Section ~. Investments: A Participant or Beneficiary of the Plan may request that Deferrals under the Plan be allocated among available investment options established by the Trustee. The initial allocation request may be made at the time of enrollment. Investment allocation requests shall remain effective with regard to all subsequent Deferrals, until changed iII accordance with the provisions of this section. A Participant or Beneficiary may change his or her allocation request at the end of each calendar month pursuant to procedures established by the Trustee, by notifying the Trustee in writing. Such changes shall become effective as soon as administratively feasible. While the Trustee intends to invest Deferrals according to the Participant requests, it reserves the right to invest Deferrals without regard to such requests. Neither the Employer, the Trustee, nor any other person shall be liable for any losses incurred by B~~~os~s~3oaias.oa ~ virtue of following such directions or with any reasonable administrative delay in implementing such directions. . Section 6. Administrative Po~~~ers of the Trustee: The Trustee shall have the power, in its discretion: (a) To purchase, or subscnbe for, any securities or other property and to retain the same in trust. - (b) To sell, exchange, convey, transfer or otherwise dispose of any securities or other property held by it, by private contract, or at public auction. No person dealing with the Trustee shall be bound to see the application of the purchase money ar to inquire into the validity, expediency, or propriety of any such sale or other disposition. (c) To vote upon stacks, bonds, or other securities, to b ve general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other options, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other chanties affecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection therewith; and to generally exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Funds. (d) To cause any securities or other property held as part of the Trust Funds to be registered in its own name. and to hold any investments in bearer forth, but the books and records of the Trustee shall at all times show that all such investments are a part of the Trust Fund. (e) To borrow or raise money for. the purpose of the Trust in such amount, and upon such terms and conditions, as the Trustee shall deem advisable; and, for any sum so borrowed, to issue its promissory note as Trustee, and to secure the repayment thereof by pledging all, or any part, of the Trust Funds. No person lending money to the Trustee shall be bound to 'see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing. (f) To keep such portion of the Trust Funds i.n cash or cash balances as the Trustee, from time to time, may deem to be in the best interest of the Trust created hereby, without liability for interest thereon. (;} To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as investments hereunder.. (h) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may he~ necessary or appropriate to carry out the powers herein granted. $~~s2oss;ao ~as.a~ ~ (i) To settle, corrapromise, or submit to arbitration any claims, debts, or damages due or owing to or from the Trust Funds;. to commence or defend suits or legal ar administrative proceedings; and to represent the Trust Funds in all suits and legal and administrative proceedings. (j} To do all such acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to administer the Trust Funds amd to carry nut the purposes of this Section. Section 7. Distributions from the Trust Funds: The Trustee shall make benefit payments from the Trust Fund to Participants in accordance with the provisions in the Plan for distribution of benefits. Section 8. Valuation of Trust Funds: At least once a year, as of valuation dates designated by the Trustee, the Trustee shall determine the value of the Trust Funds. Assets of the Trust Funds shall be valued at their market values at the close of business on the valuation date, or, in the absence of readily ascertainable market values as the Trustee shall determine, in accordance with methods consistently followed and uniformly applied. Section 9. Evidence of Action by Employer: The Trustee may rely upon any certificate, notice or direction purporting to have been signed on behalf of the Fm'Tloyer which the Trustee believes to have been signed by a duly designated official of the Employer. No communication shall be binding upon any of the Trust Funds or Trustee until they are received by the Trustee. Section lO.Advice of Counsel: The Trustee may consult with any legal counsel with respect to the construction of the Plan or Trust, its dories hereunder, or any act, which it proposes to take or omit, and shall not be liable for any action taken or omitted in good faith pursuant to such advice. Section 1 I.Vliscellaneous: The Trustee shall use ordinary care and reasonable diligence, but shall not 'be -liable for any mistake of judgment or other action taken iri good faith. The Trustee shall not be liable for any lass sustained by the Trust Funds by reason of any investment made in~ good faith and in accordance with the provisions of this Section. The- Trustee's duties and obligations shall be limited to those expressly imposed upon it by this section, notwithstanding any reference of the Plan. Section 1?.Ta:~es: The Trustee shall deduct from and charge against the Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is required to pay with respect to the interest of any person therein. Section 13.Expenses: The Trustee shall deduct from any charge against the Trust Fund all reasonable expenses incurred by the Trustee in the administration of the Trust Fund, including counsel, agency and other necessary fees. B~~saasavaoias.oa 4 • i • Section 14.Settlement of Accounts: The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other transacts©ns hereunder. (a} Accounts shall be valued at least quarterly each Plan Year and each Participant shall receive wz-itten notice of his or her account balance following such valuation. Account balances shall reflect the Deferral amount, any earnings attributable to such amount, and shall be reduced by administrative, investment and other fees attributable to such amounts. (b) Within 90 days after the close of each fiscal year, the Trustee shall render to ' the Employer an accounting of its acts and transactions as Trustee hereunder with respect•to -each Employer participating in the Plan. If any part of the Tzust Fund shall be invested through the ~ - medium of any common, collective or commingled trust funds, the last annual report of such trust funds shall be submitted with and incozporated in the account. (c) If within 90 days after the mailing of the account, or any amended account, the Employer has not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has been filed, and if the Employer is satisfied that it should be withdrawn or if the account is adjusted to the Employer's satisfaction, the Employer shall in writing filed with the Trustee signify approval of the account and it shall become an account stated. (d) When an account becorries an account stated, such account shalt be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceedings in which the Trustee and the Employer were parties. The Trustee shall have the right to apply at any time to a court of competent jurisdiction for the judicial settlement of its account. Section l~.Resignation of Trustee: The Trustee may resign at nay time by filing with the Employer its wz-itten. resignation. Such resignation shall take effect 60 days from the date of such filing and upon appointment of a successor pursuant to Section 17, whicheti•er shall first occur. Section 16.Removal of Trustee: The Employer may remove the Trustee at any time by delivering to the Trustee a written notice of its removal and an appointment of a successor pursuant to Section 17. Such removal shall not tape effect prior to 60 days from such delivery unless the Trustee agrees to an earlier effective date. Section 17.Appointment of Successor Trustee: The appointment of a successor to the Trustee shall take effect upon the delivery to the Trustee (a) an instrument in writing executed by the Employer appointing such successor, and exonerating such successor from liability for the acts and omissions of its predecessor, and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein with respect to the Trustee shall relate to each successor with the same force and effect as if such successor had been originally named as Trustee hereunder. If a successor is not appointed within 60 days after the Trustee gives notice of its resignation BR$~5'_'OS•3'300143.0? 5 • pursuant to Section 1~, the Trustee may apply to any court of competent jurisdiction far appointment of a successor. ~ • Section 18.Transfer of Funds to Successor: Upon the resignation or removal of the Trustee and appointment of a successor, and after the final account of the Trustee has been properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. Section 19.Plxn-to-Plan Transfers: Notwithstanding any other PIai~ provision, distribution of amounts deferred by the farmer Participant of the Plan shall not cgmmen~e upon Separation from Service, but instead shall be automatically transferred to another' Eligible Deferred Compensation Plan, of which the former Participant has become a Participant, if: (a) the-Plan receiving such amounts provides for their acceptance, and (b} a Participant incurs a Separation from Service with the Employer iii order to accept employment with another "eligible" entity. This Trust will accept the transfer of amount previously deferred by a Participant under another Eligible Deferred Compensation Plan. The Trustee may refuse to accept a transfer in the form of assets other than cash. Section 20.Duration and Revocation: This Trust shall continue for such time as may be necessary to accomplish the purpose far which it was created. The Trust may not be terminated until the date on which no Plan Participant is entitled to any benefits under the Plan. Upon termination of the Trust, any remaining assets shall be returned to the Employer. The Trust may be revoked only if the Internal Revenue Service determines that the Plan is not an eligible deferred compensation plan under Internal Revenue Code Section 457. In all other instances, the Trust is irrevocable. Termination of this Trust shall not, however, relieve the Employer of the Employer's continuing obligation to pay deferred compensation upon the applicable distribution date to any and,~or each Employee with whom the Employer has entered into a Voluntary Salary Deferral .Agreement.., Section 21.Amendment: The Employer shall have the right to amend the Trust in whole and in part but only with the Trustee's written consent. Any such amendment shall become effective upon (a} delivery to the Trustee of a written instrument of amendment, and (b} the endorsement by the Trustee on such instrument of its consent thereto. ` Section 22.Ownership of Assets: All amounts deferred under the Plan and contributed to the Trust, al! property and rights purchased with such amounts, and all income attributable to such amounts, property ar rights shall be held for the exclusive purposes of providing benefits to the Participants and Beneficiaries and defraying reasonable expenses of administering the Plan and this Trust. Bx.avzos~•Uao i~s.oz 6 ~ i ~ ~~ i~n~ 5S All amounts contributed to the Trust shall be held as a separate and distinct trust for each Employer's employees and former employees who are Participants in the Plan and their beneficiaries. However, Trust funds of several employers may be commingled for investment purposes, provided that the Trustee maintains an accounting reflecting the Trust funds held on behalf of each Employer's employees. Section 23.Anti~Alienation: Benefits to Participants under the Plan and this Trust Agreement may not be anticipated, assigned, alienated or subject to. attachment, garnishment, levy, execution or other legal or equita$le process. If a court of competent jurisdiction holds any provision of this Trust to be invalid or unenforceable, the remaining provisions of the~Trust shall continue to be fully effective. This Trust shall be construed in accordance with applicable federal law, and to the extent otherwise applicable, the laws of the State of Colorado. IN WITNESS WI~REOF, the undersigned parties have executed this Trust Agreement on i~ec.o,,.,k,~,. ~ /99S , ~~ .. J ~~~.ti`~ "mrilttllfl~m.•.._ o~~o~o~ ~~Ury~ Z~ ~8 Y b~ ~a Ne~,O Ba.B~s2asa~ao tas.aT EMPLOYER TOWN OF VAIL By: lCS: ~ G ~ ~r TRUSTEE, ~ ~% ~{ ~' ~''~~ .mil By: Its: ~~Fc[~Tx%y 7 ~~ ~ ~ TOWN OF VAIL DEFERRED COMPENSATION PLAN (as of December 31, 1998} BRBL52084L300 i95~02 • TABLE OF CONTENTS Page Number Section .1. Definitions ................................................................................................................. 1 . 1. l Administrator ................................................................................................................. 1 1.2 'Beneficiary ..................................................................................................................... 1 1.3 .Code ............................................................................................................................... 1 . 1.4 Compensation ...................:........................................:..........................................:.........1 1.5 Deferral ........................................ .............................. . ....................................... 1 1.6 Effective Date ................................................................ . ...................:................:........ 1 1.7 Eligible Employee .......................................................................................................... 1~ 1.8 Eligible Deferred Compensation Plan or Eligible Plan .................................................... 1 1.9 Employer ........................................................................................................................1 1.10 Includable Compensation ............................................................................................ 1 1.11 Normal Retirement Age .............................................................................................. 2 1.12 Participant .................................................................................................................. 2 1.13 P1an ............................................................................................................................ 2 1.14 Plan Year .................................................................................................................... 2 1.15 Retirement Board .........:.... ...................._.................................._............................... 2 1.16 Trust or Trust Fund ..................................................................................................... 2 1.17 Trustee ........................................................................................................................2 1.18 Voluntary Salary Deferral Agreement ......................................................................... 2 Section 2. Participation .......................................•--..................................................................... 2 2.1 Eligibility for Participants ............................................................................................... 2 2.2 Enrollment ......................................................................................................................3 Section 3. Deferral of Compensation .......................................................................................... 3 3.1 Deferral Procedure .......................................................................................................... 3 3.2 Maximum Deferral :........................................................................................................ 3 3.3 Minimum Deferral .......................................................................................................... 4 3.4 Changing Deferrals ......................................................................................................... 4 ~3.5 Suspension of Deferrals .............................................:..........................................:...... 4 Section 4: Time, of Benefit Payment ..............................................:......................................... 4 4.1 Eligibility for Payment ........................................ ..................................:..................... 4 4.2 Benefit Commencement Date ......................................................................................... 5 Section 5. Benefit Payments ....................................................................................................... 7 5.1 Eiection ..... ..................................................................................................................... 7 5.2 Form of Payment ............................................................................................................ 7 5.3 Limitations ................ ...........................................................................................:..... 7 Section 6. Beneficiaries .............................................................................................................. 8 6.1 Designation .................................................................................................................... 8 6.2 Failure to Designate a Beneficiary .................................................................................. 8 Section 7. Amendment and Ternunation ........................................... ... 9 7. l Amendment .................................................................................................................... 9 7.2 Termination ....................................................................................................................9 Section 8. Miscellaneous ..........................................................................................:................. 9 8.1 General Duty of the Employer ........................................................................................ 9 Bft.BLS 2034ti300199:U2 8.2 Duties of the Administrator ............................................................................................. 9 $.3 Investments ...................................................................................................................10 $.4 Plan-to-Plan Transfers ................................................................................................ i 0 8.5 Ownership of Assets ...................................................................................................10 8.6 Limitation of Rights; Employment Relationship ............................................................10 8.7 Limitation on Assianrr,Pnt ..........................................................................................:...10 ,, 8.8 Representations ..............................................................................................................10 8.9 Severability ..................................................................•-----.._,...............---......................11 8.10 Applicable Law ..............................................................................................1...........11 ii ~ i • TOWN OF VAIL DEFERRED COMPENSATION PLAN The Town of Vail, Colorado, hereby establishes,.with this Agreement, a plan for the administration and distribution of contributions made by the Employer for the purpose of providing deferred compensation far Eligible Employees. The plan shall be known as the TOWN OF VAIL DEFERRED COMPENSATION PLAN. This Plan shall be effective as of the Effective Date. ~ ~ _ Section 1. Definitions 1.1 Administrator: "A~m~nistrator" means the Employer or the entity designated by the Employer to carry out certain nondiscretionary administrative functions of the Plan pursuant to Section 8.2 of the Plan. 1.2 Bene~lciary: "Beneficiary" means the person(s) or estate entitled to receive benefits under this Plan after the death of a Participant. 1.3 Code: "Code" means the Internal Revenue Code of 1986, as amended, and including all regulations promulgated pursuant thereto. 1.4 Compensation: "Compensation" means the total remuneration earned by an employee for personal services rendered to the Employer for the calendar year, including amounts deferred under this Plan and any other deferred compensation plan. 1.5 Deferral: "Deferral" means the annual amount of Compensation that a Participant elects to defer receipt of pursuant to a properly executed Voluntary Salary Deferral Agreement. 1.6 ~ Effective Date: "Effective Date" means December 31, 1998. 1.7 Eligible Employee: "Eligible Employee" means any person, excluding independent contractors and seasonal employees, who performs services for the Employer as a regular full-time Employee and who receives compensation from the Employer far the services performed. 1.8 Eligible Deferred Compensation Plan or Eligible Plan: "Eligible Deferred Compensation Plan" or "Eligible Plan" means any plan defined in Section 4S7(b) of the Code and includes this Plan, among others. 1.9 Employer: "Employer" means the Town of Vail, Colorado. 1.1 p Includable Compensation: "Includable Compensation" means compensation for services performed far the Employer which {taking into account the provisions of Section 457 of the Code and other provisions of Chapter 1 ofthe Code) is currently includable BRB1520841300199.02 in grass income as property reportable on the employee's federal tax form relating to his or her wage and tax statement, 1.11 Normal Retirement Age: "Normal Retirement Age" means age 70-'/ or some other earlier age specified in writing by the Participant. In no event shall Normal Retirement Age be earlier than the earliest date at which one may retire under the Employer's basic pension plan without the Employer's consent and receive immediate retirement benefits, without incurring an actuarial or similar reduction in benefits. 1.12 Participant: "Participant" means an Eligible Employee or farmer Eligible Employee who is or has been enrolled in the Plan and wha retains the right to benefits under the Plan. 1.13 Plan: "Plan" means the Town of Vail Deferred Compensation Plan dated the 31S' day of December, 199$, as amended from time to time. 1.14 Plan Year: "Plan Year" means the twelve-month period beginn;~,g January 1 and ending December 31, from and after the Effective Date. 1.15 Retirement Board: "Retirement Board" means the board appointed pursuant to Section 2.14 ofthe Town of Vail Employees' Pension Plan, adopted January 1, 1994, as amended and restated from time to time. 1.16 Trust or Trust Fund: "Trust" or "Trust Fund" means the Trust Fund established in conjunction with this Plan, pursuant to the Town of Vail Deferred Compensation Trust Agreement. 1..17 Trustee: "Trustee" means the Trustees of the Trust Fund established in conjunction with this Plan and any duly appointed and qualified successor. The Trustee is also referred to as the Retirement Board. 1.1$ Voluntary Salary Deferral Agreement: "Voluntary Salary Deferral Agreement" means the agreement between a Participant and the Employer to defer receipt by the Participant of Compensation not yet earned. Such agreement shall state the Deferral amount to be withheld from a Participant's paycheck and shall became effective no earlier than the first day of any month after it is executed by the Farticipant and accepted by the Retirement Board. Section 2. Participation 2.1 Eligibility for Participants: Each Eligible Employee may become a Participant in this Plan on the first day of the month next following commencement of employment as an Eligible Employee and enrollment pursuant to Section 2.2. Any person elected or appointed to a term of office with the Employer shall be deemed to commence employment at the time such person assumes office. BRB~52084L300199:42 i ~ • 2.2 Enrollment: Eligible Employees may enroll in the Plan by completing a Voluntary Salary Deferral Agreement. Enrollment shall be effective on the first day of the month next following completion of the Voluntary Salary Deferral Agreement. Section 3. Deferral of Compensation . 3.1 Deferral Procedure: Pursuant to a Voluntary Salary Deferral Agreement, each Participant's Deferral amount shall be deducted from his or her paychecks in approximately 'equal increments throughout the year. The Deferral amount shall not be included as gross income of the Participant for purposes of federal income tax. ~ - 3.2 Maximum Deferral: (a) Primary Limitation: The Deferral amount in any, taxable year may not exceed the lesser of $7,500 (as indexed pursuant to Code §457(e)(15)), or 2. 33-113% of the Participant's Includable Compensation. (b} Catch-Up Limitation: 1. A Participant may trigger the catch-up limitation by electing a Normal Retirement Age pursuant to Section 1.12. The maximum Deferral amount for each of a Participant's last three (3) taxable years ending before he or she attains Normal Retirement Age, is the lesser o£ (i) $15,000, or (ii) the primary limitation amount determined under Section 3.Z(a) for the current year, plus so much of the primary limitation amount that was not utilized in prior taxable years in which the employee was eligible to participate in the Plan, beginning after December 31, 19"1$. A Participant may use a prior year only if the Deferral amounts under the Plan in existence during the year were subject to the maximum deferral amount described in Treas. Reg. Section 1.457-2(e)(19$2}. 2. The catch-up limitation is available to a Participant only during one three-year period. If a Participant uses the catch-up limitation and then postpones Not~nal Retirement Age or returns to work after retiring, the limitation shall not be available again before a subsequent retirement. (c) Coordination With Other Plans: Tf a Participant participates in more than one Eligible Deferred Compensation Plan, the total deferral under all plans shall be subject to the maximum limitations specified in Section 3.2. Any amount excluded from gross income by the Code under Code §§403{b), 402(e)(3), 402(h)(1)(B) ar 402{k} far the taxable year and a deduction which is allowable by reason of a contribution to an organization described in BRS~520841300199.U2 3 • • Section 501(c)(18) of the Code for the taxable year shall reduce the primary limitation amount determined under Section 3.2(a} and (b), and the $15,000 limitation in Section 3.2(b)(1}(i). 3.3 Minimum Deferral: A Participant must comply with any m~n~mum monthly deferral requirements which may be set by the Employer from time to time on a nondiscriminatory basis. 3.4 Changing Deferrals: A Participant may change Deferrals with respect to Compensation not yet earned by executing a new Voluntary Salary Deferral Agreement. The change shall be effective on the first day of the month following the month a new Voluntary - Salary Deferral Agreement is received by the Retirement Board. 3.5 Suspension of Deferrals: (a) Voluntary: A Participant may suspend Deferrals by giving the Retirement Board written notice. Following suspension, a Participant may reinstate Deferrals by executing a new Voluntary Salary Deferral Agreement and delivering it to the Retirement Board. Reinstatement shall be effective on the first day of the month fallowing completion of the new Agreement. Deferral suspensions and resumptions can be made at any time. (b) Automatic: Deferrals shall automatically be suspended for any month in which there are insufficient monies available to make the entire deduction agreed upon. Section 4. Time of Benefit Payment 4.1 Eligibility for Payment: Payments from the Plan shall not be made until the calendar year in which the Participant attains age 70-1/2, incurs a Separation from Service, or suffers an approved financial hardship that results from an unforeseeable emergency. (a) Separation from Service: "Separation from Service" means the termination of a Participant's employment with the Employer within the meaning of Code . Section 402(e)'(4)(A}(iii}. (b} Hardship Withdrawal: 1. Procedure: A Participant may request a withdrawal far Hardship by submitting a written request to the Retirement Board, accompanied by evidence that his or her financial condition warrants an advance release of funds and results from an unforeseeable emergency which is beyond the Participant's control. The Retirement Board shall review the request and determine whether payment of any amount is justified. if payment is justified, the amount shall be limited to an amount reasonably needed to meet the emergency. The Retirement Board shall det~Ax~,ine the amount and form of payment. Any money remaining in the account after Hardship Withdrawal shall be distributed in accordance with the provisions of this Plan. 2. Hardship Defined: "Hardship" means a severe financial setback to the Participant resulting from a sudden and unexpected illness or accident of the BRB15 2 0 3 413 00 1 99.42 4 Participant or a dependent of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances, arising from events beyond the .Participant's control. Whether circumstances constitute an unforeseeable emergency depends on the facts. of each case, but, in any case, payment may not be made to the extent that such hardship is or may be relieved: (i} through reimbursement or compensation by insurance or~otheruvise; {ii) by liquidation of the Participant's assets, to the extent that liquidation itself would not cause severe financial hardship; or (iii) by cessation of Deferrals under the Plan. Unforeseeable emergencies shall not include the payment of college tuition or the purchase of a residence. 3. Hardship Withdrawals After Benefit Commencement: Once regular installment payments to a Participant have commenced under the Plan, the Participant may request payment acceleration if the Participant suffers a Hardship as defined above. The Retirement Board may permit accelerated payments; however, the amount of an accelerated payment shall not exceed the amount needed to meet the emergency. Any amount remaining in the account after such accelerated payment shall be distributed in accordance with the provisions of this Plan 4.2 Benefit Commencement Date: (a) Early Commencement Date: Except for a Hardship Withdrawal pursuant to Section 4.1(b), benefit payments to a Participant shall not commence to Participants or Beneficiaries earlier than the earliest of: . 1. the calendar year in which the Participant attains age 7U-1l2, 2. 50 days after the Participant incurs a Separation from Service with the Employer, or 3. d0 days fallowing the death of the Participant. (b} Participant Election: Within 6d days after Separation from Service, a Participant may make an election of a specific date for commencement of benefits, the "Benefit Commencement Date", that is the first day of a month, provided that the date elected is not earlier than the "Earliest Benefit Commencement Date" determined under Section 4.2(a} and is not later than the "Latest Benefit Commencement Date" determined under Section d.2 (f), and may also make an election of the farm of payment. The election of a Benefit Commencement Date may he changed once, provided that the election is made prior to the actual commencement of benefit distributions and the date elected is no Iater than the Latest Benefit Commencement Date. The election of the form of payment may also be changed once, provided that the notice of BRB152Q641300 L99.02 5 the change is received by the Retirement Board, not later than 30 days before the date on which benefit payments are to commence. (c) Failure to Make Timely Election: If a Participant fails to make an election of a date for commencement of benefits within the time period specified in Section 4.2(b}; then benefit payments will commence an the first day of the month that is coincident with or immediately follows b0 days after the later of {i} the date on which the Participant attains age 60, ar (ii) the date of the Participant's Separation from Service. If a Participant fails to make an election of the form of payment within the time period specified in Section 4,2(b}, then the benefit will be paid in the form of a Lump Sum. •. {d} Spouse Beneficiary Election: Subject to Section 4.2(e}, a spouse Beneficiary entitled to benefits may make aone-time irrevocable election to defer commencement of benefits to a date that is on the first day of the month that is coincident with or immediately follows the latest of the dates specified in Section 4.2(a). Such election may be made at any time prior to the Benefit Commencement Date by completing and delivering to the Retirement Board forms provided for this purpose. (e} Non-spouse Beneficiary Election: Anon-spouse Beneficiary entitled to benefits may make aone-time irrevocable election to defer commencement of benefits to a date which is no later than December 31 of the year following the year of the Participant's death, or the Beneficiary may elect a later commencement date, provided that benefit payments are completed by December 31 of the year which contains the five-year anniversary of the Participant's death. (fj Latest Benefit Commencement Date: Notwithstanding any other Plan provision to the contrary, benefits for a Participant or Beneficiary shall commence no later than the later of: (i) April 1 of the calendar year following the calendar year in which the Participant attains age 70-112, or (ii) 60 days after the date on which the Participant incurs Separation from Service with the Employer. Notwithstanding the foregoing, the Participant may elect to defer the commencement of distribution of benefits to a fixed determinable date later than the date described above, blot not later than April 1 of the year following the year of the Participant's retirement ar attainment of age 70-112, whichever is later, provided: 1, such election is made after the 615L day following separation from service and before commencement of distributions; and 2, the Participant may make only one {1) such election. Notwithstanding the foregoing, the Trustee, in order to ensure the orderly administration of this provision, may establish a deadline after which such election to defer the commencement of distribution of benefits shall not be allowed. (g) DeMinimis Accounts: Notwithstanding any other Plan provision to the contrary, if the value of a Participant's account does not exceed $5,000, and (1} no amount has been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of distribution; and (2) there has been no prior distribution under the Plan to the BR615~0841300195.02 6 • Participant pursuant to this Section 4, the Participant may elect to receive, or the Employer may distribute, the Participant's entire account without the consent of the Participant. Such distribution shall be made in a lump sure. Section 5. Benefit Payments 5:1 Election: A Participant or Beneficiary may elect the form of payment of benefits pursuant to Section 4.2{b}. 5.2 Form of Payment: A Participant or Beneficiary may elect payment i~ one - ofthe following forms: {a) Lump Sum: A single payment of the entire balance in a Participant's account. {b) Annuity: Monthly payments contingent on the life expectancy of the Participant or Beneficiary, or over such life expectancy and a guaranteed period of time. (c) Installments: Subject to the limitations of Section 5.3, monthly payments over a specified period of time or in specified annual dollar amounts. (d) Combination: A lump sum cash payment of a portion of the balance in a Participant's account, with the remainder of the account to be paid in substantially equivalent monthly installments as specified by the Participant. The election of a schedule of installment payments is irrevocable. ___ 5.3 Limitations: Notwithstanding any Plan provision to the contrary or any form of payment election, the Plan must meet the minimum distribution requirements of Cade §~ 457(d)(2} and 401 (a){9} and the Treasury regulations thereunder. -{a) If benefits commence before the Participant's death, the Participant must elect a form under which: 1. benefits will be paid aver a period not extending beyond the life expectancy of the Participant or the joint life expectancies of the Participant and a designated Beneficiary, 2. any amount payable to the Beneficiary must be distributed at least as rapidly as benefits were distributed to the Participant immediately prior to death, and 3. on the date benefits commence, the Participant is expected to receive during hislher life expectancy more than 50% of the total value of the benefits. (b) If benefits commence after the Participant's death, the entire amount payable must be distributed: s[ta~szosa~ao~99:az 7 • 1. within the life expectancy of a spouse Beneficiary, ar 2. for non-spouse Beneficiaries, within fifteen years after the death of the Participant, provided benefits commence by December 31 of the year following the year in which the Participant's death occurs, or 3. for non-spouse Beneficiaries who elect a later Benefit Commencement Date, by December 31 ~af the calendar year containing the five-year anniversary of the Participant's death. (c) Upon the death of a Participant whose payments-have commenced, the Beneficiary shall receive further payments only to the extent provided in the farm of payment then in effect, subject to the limitations stated herein., Section 6. Beneficiaries 6.1 Designation: A Participant shall have the right to designate a Beneficiary, and amend or revoke such designation at any time, in writing. Such designation, amendment or revocation shall be effective upon receipt by the Retirement Board. Notwithstanding the foregoing, a Participant who elects a joint and survivor annuity form payment may not elect a non-spouse joint annuitant, and may not change his or her joint annuitant after payments commence. 6.2 Failure to Designate a Beneficiary: If no designated Beneficiary survives the Participant and benefits are payable fallowing the Participant's death, the Retirement Board may direct that payment of benefits be made to the person or persons in the first of the following classes of successive preference Beneficiaries. The Participant's: (a) spouse, (b) descendants, per stirpes, (c) parents, in equal shares, (d) brothers and sisters, in equal shares, (e) estate. axs~szasal~aoi99.az ,, ~' Secrion 7. Amendment and Termination 7.1 Amendment: (a) The Employer may amend this Plan by transmitting such amendment in writing to the Trustee at least 30 days prior to the effective date of the amendment. The consent of the Trustee shall not be required in order for an amendment to become effective; however, the Trustee shall be under no obligation to continue to act as Trustee if it disapproves of the amendment. Except as may be required to maintain the status of the Plan under Section 457 of the Code or to comply with other applicable laws, no amendment or termination o.f the Plan shall divest any Participant of any rights with respect to Deferrals before the date of amendment or t~~l~unation. ~ ~ ~ . • . (b) The Trustee may propose an amendment to the Plan at any time by written notice to the Employer at least 30 days before the effective date of the amendment. If the Trustee approves an amendment to the Plan, such amendment shall automatically be effective with respect to the Employer unless the Employer notifies the Trustee in writing within b0 days after the date of approval of the amendment that the Employer objects to the amendment. The Trustee shall be under no obligation to continue to act as Trustee if the Employer disapproves of any amendment. 7.2 Terminatinn: Although the Employer has established this Plan with a bona~de intention and expectation to maintain the Plan indefinitely, the Employer may terminate the Plan in whole or in part at any time without any liability for such termination or discontinuance. Upon termination of the Plan, the Employer shall notify the Trustee in writing of the effective date of termination of the Plan. Upon Plan termination, all Deferrals shall cease. The Trustee shall retain all Deferrals until each Participant attains age 70-112, incurs a Separation from Service or incurs a Hardship and benefits commence under Sections 4.1 and 4.2, in the form determined under Section 5. Section 8. Miscellaneous S.1 General,Duty of the Employer: All amounts of compensation deferred under the Plan shall be transferred to the Trust Fund established in accordance with Code § 457(g}. The Employer shall make regular periodic payments to the Trustee equal to the amount of its participating Employees' total Deferrals. Tke Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants under this Plan. $.2 Duties of the Administrator: The Administrator shall perform all nondiscretionary administrative functions in connection with the Plan, including the maintenance of accounts on behalf of each Participant, the provision of periodic reports on the status of each account and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. The Employer shall be the Administrator of the Plan, provided, that the Employer may appoint a third parry administrator to perform certain administrative functions. BRB~5208A1300199.fl2 f ~ i~ ~ ~ The duties and compensation of any such third party administrator shall be by agreement between the Employer and third party administrator. 8.3 Investments: A Participant or Beneficiary of the Plan may request that Deferrals under the Plan be allocated among available investment options established by the Trlrstee. The initial allocation request may be made at the time of enrollment. Investment allocation requests shall remain effective with regard to all subsequent Deferrals, until changed in accordance with the provision of this section. A Participant ar Beneficiary may change his or her allocation request once a month after earnings have been allocated, by notifying the Trustee in writing. Such, changes shall become effective as soon as administratively feasible. 'While the Trustee intends to invest Deferrals according to the Participant requests, it reserves the right to invest Deferrals without regard to such requests. 8.4 Plan-tQ-Plan Transfers: Notwithstanding any other Plan provision, distribution of amounts deferred by a former Participant of this Plan shall not commence~upon Separation from Service, but instead shall be automatically transferred to another Eligible Deferred Compensation Plan, of which the former Participant has become a Participant, if: {a} the Plan receiving such amounts provides for their acceptance, and {b) the Participant incurs a Separation from Service with the Employer in order to accept employment with another "eligible" entity. The Trustee will accept the transfer of amounts previously deferred by a Participant under another Eligible Deferred Compensation Plan. The Trustee may refuse to accept a transfer in the form of assets other than cash. 8.5 Ownership of Assets: All amounts deferred under the Plan and contributed to the Trust, all property and rights purchased with such amounts, and all income attrl`butable to such amounts, property or rights shall be held for the exclusive purposes of providing benefits to Participants and Beneficiaries and defraying reasonable expenses •of administering the Plan and Trust. . 8.6 Limitation of Rights; Employment Relationship: Neither the establishment of this Plan nor any modification thereof, nor the creation of any fund or account, nor the payment of any benefits, shall be construed as giving a Participant or other person any legal or equitable right against the Employer except as provided in the Plan. In no event shall the terms of employment of any employee be modified or in any way be affected by the Plan. 8.7 Lin~itatian on Assignment: Benefits under this Plan. may not be assigned, sold, transferred, or encumbered, and any attempt to do so shall be void. A Participant's or Beneficiary's interest in benefits under the Plan shall not be subject to debts or liabilities of any kind and shall nat be subject to attachment, garnishment or other legal process. $.8 Representations: The Employer does not represent or guarantee that any particular federal or state income, payroll, personal property or other tax consequence will result from participation in this Plan. A Participant should consult with professional tax advisors to B1tB1520S41300199.02 1 i ~ determine the tax consequences of his or her participation. Furthermore, the Employer does not represent or guarantee successful investment of Deferrals, and shall not be required to repay any ~OSS which may result from such Investment or lack of investment. 8.9 5everability: If a court of competent jurisdiction holds any provisions of this Plan to be invalid or unenforceable, the remaining provisions of the Plan shall continue to be fully effective. 5.10 Applicable Law: This ,Plan shall be construed in accordance with applicable federal law and, to the extent otherwise applicable, the laws of the State of Colorado. IN WITNESS WHEREOF the Employer has caused this Plan to be executed by its duly authorized representative this I~day of~49$. D~~e~~ EMPLOYER Witness: .ICQ ~ ~~ ~ll~-CLC~U~ ~ ~~ U1~,~-- .,.mu~tn;e:;:r,,,... ,,..~~~~,~~ Of y~ f~ ~E1~L c Q L o p A~ o~~~, BRB1520$41300 L94.02 11 Town of V BY~ Title: ~~Q, I} t'' RESOLUTION N0. 16 Series of 1998 A RESOLUTION DESIGNATING AN ADDITIONAL SIGNER SUSAN CODY AND REMOVING SIGNERS KATIE LAUBENGAYER AND SIMONE SPECTOR ON AN TMPREST CHECKING ACCOUNT FOR LzBRARY DEPOSIT TRANSACTIONS FOR THE TOWN OF VATL, PERMITTED BY THE CHARTER OF THE TOWN, ITS QRDINANCES, 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 Susan Cady as a signer on. this account. WHEREAS, the Town wishes to remove Katie Laubengayer and Simone Spector as signers on this account. NOW, THEREFORE, BE IT RESOLVED by the TOwn Council of the Town of Vail, Colorado, as follows: 1. Susan Cody~is designated as a signer for the existing imprest library checking account for the funds of the Town of Vail. 2. Katie Laubengayer and Simone Spector are hereby removed `as-signers fo"r 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 AD~}PTED his~~ ay of December 1998. ~ ,~~ Robert Ford, Mayor ~ ATTEST: " ~~ ti ~1 ~-l.~ ~}~l `-~. ~~n'`;n~~~~rtnrrr;rtiin„ii, LOr 1 ~DnaldsOn, TOWn Clerk ~~`~~~~~~Ov~~ OF l~j~r~~~ {' ~i `, RESOLUTION NO. 17 SERIES OF 1998 A RESOLUTION DIRECTING THE TOWN MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES WITH EAGLE COUNTIY. WHEREAS, the Town Council of the Town of Vail believes that it is in the community's best interest to contract for animal control services with Eagle County. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, that: 1. The Town Manager is hereby authorized to enter into the Intergovernmental Agreement, as attached hereto as Exhibit A, with Eagle County to provide animal control services for the Town of Vail. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTE is 15th day of December, 1998. ~ ~~ , ~ ~ Robert E. Ford, Mayor ATTEST: ~,... ~D~i~ OF L~lei naldson, Town Clerk ~~ ~ E ~` ~' ~` cQCQRPpO ~~,~. Resolution No. I7, Series of 1498 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN 'OF Vail This Agreement made #his day of ~ , 1988, by and between the Town of Vail (the "Town"} and the County of Eagle, State of Colorado {the "County") ~ - WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Anima! Control Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Anima! Contro! Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 1$, Article XIV, of the Colorado Constitution; and C.R.S. 29-1-201, ~ sea. and C.R.S. 30-15- 101. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: WITNESSETH: SECTION 1. TERRITORY COVERED The territory covered by this Agreement is afl of that certain property lega[iy described as the Town of Vail. SECTION 2. DEFINITIONS Emeraencv on Cail services is defned as emergency calls received by the County for which Animal Control assistance is required and no Animal Control Officer is on duty to respond. Shelter means The Eagle County Animal Shelter located in Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Dav is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. E~hibif. A i S~TION 3. SCOPE OF SERVICES. The County agrees to provide general Animal Contro! Services within the Tawn of Vail The County shall provide: A) A minimum of 2.S hours patrol per day, consisting of inspection tours looking for violations or responding to complaints. B) Twenty-four hours per day Emergency On Cafl service. (via County answering service when not open) C) Administration and enforcement of the current Title 6, Animals of the Municipa! Code of the Town of Vail presently in effect, and as may be subsequently amended. D) The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Vail. E) Emergency on Cail service will be provided during the period when an Eagle County Animal Control Officer is not on duty. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town of Vail will provide available personnel to "secure" the scene and administer control of the situation until the Eagle County Animas Contro! Officer arrives to resolve said incident. F7 . Animal sheltering services far animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals . attributable to th'e town are animals impounded within the Town of Vaif and animals owned by persons dwelling, perms nently or temporarily, in the Town of Vail. SECTION 4, OFFICIAL STATUS. For the purpose of performing the Animal Control Services and functions set forth in this agreement, Eagle County Animal Control shalt enforce, as the Town's agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. • SECTION 5. EG)UIPMENT. The County shall famish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION fi. COMPENSATION. The Town of Vail agrees to pay the County, monthly, the sum of $2,400.00 based on estimated patrols and on estimated sheltering requirements of (on average) fi00 animal days. The Town of Vail agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous month plus any additional billing received for Response to On Call Emergencies. Responding to On Call Emergencies: $50.OOlincident All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and casts wilt remain with the court of venue. The County shall administer the County's Dog Tag Program for the Town. Monies collected from residents of the Town shall belong to the County. SECTION 7. PERSONNEL. The Eagle County Animal Control Officer shall have full cooperation from the Town of Vail, its public works, its police officers aridlor their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Control Services provided for herein, the standards of perform- ance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. 3 • • All persons employed in the performance of such Animal Control Services for. the Town of Vail, pursuant to this agreement, shall be County employees, extent for Town personnel used to "secure" the scene as described in Section 3. SECTION 8. LIABILITY AND INSURANCE.. A. The County, its officers and employees, shall not be deemed to assume. any .. ~. liability for intentional ~r negligent acts, errors, o_ r omissions of the Town or . - of any officer or employee thereof. Likewise, the Town, its ofhcers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. - B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising aut of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability; claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employ- ees, whether contractual or otherwise. C. .The County and the Town shat! respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shat! furnish evidence of the same to the other respective party. 4 SEG~N 9. ARM AND TERMfNATION• C~ This Agreement is effec#ive January 1, '1999, and shall end on the 31st day of December, 1999. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Vaif and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement tieing appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Vail and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as #ollows: Town of Vail: Town Attorney Town of Vail 75 S. Frontage Road Vail, Colorado $1657 County of Eagle: Eagle County Attorney ~. P.O. Box 850 Eagle, CO $1631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. ~. No modification ar waiver of t~s A reement or of an covenant condition g Y or provision herein contained shall be valid unless in .writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E, This Agreement shall be binding upon the respective parties hereto, their .,~ _, successors ar assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F.. All agreements and covenan#s herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. !n the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall 6e considered Wulf and void as of the date of such Court determina#ion_ IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF ~~ : ~ ~ COLORADO, By and Through Its ATTEST: ~ BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of James E. Johnson, Jr., Chairman County Commissioners • ATTEST: Town ~-~ ~ TQ1tUN O~ VA-L By:_____ Manager clan1rna11Vail.can