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Home My WebLink About2004 Resolutions • RESOLUTION NO.1 SERIES OF 2004 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any J proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, in addition to any other means of full and timely notice, the 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, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west • r 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 24-6-402(l)(c), C.R.S., as amended. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of January, 2004. ~~ c i/~~~~ ~ Rodney E. Slifer, M or ATTEST• Lo~~Iei naldson, Town Clerk • • RESOLUTION NO 4 Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE FIRST BANK PAYROLL CHECKING ACCOUNT FOR THE TOWN OF VAIL GENERAL CHECKING ACCOUNT AND THE TRC CHECKING ACCOUNT PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUES 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 Stan Zemler, Pamela A. Brandmeyer, 3acque Lovato, & Judy Camp as signers on these accounts. • NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of January, 2004. Rodney E. Slifer, Mayo-~ ATTEST: . ~~ in. 'own Clerk ,~0.~'v"~~ L~ •. i .r sE AL ~~ 4RA0~~ • RESOLUTION NO 5 Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE US BANK ACCOUNT FOR THE TOWN OF VAIL PERMITITTED 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 Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of • Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20`h day of January, 2004. ~,__ Rodney E. Safer, Maybr ATTEST: rele Donal son, Town Clerk .J. ~• .~ ~.•~ 'J' C ~- ;SEAL ;' ~. ~' `4,. ~o~o~~~' • RESOLUTION NO 6 Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE WEST STAR ACCOUNT FOR THE TOWN OF VAIL PERMITI i i r,D 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 Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of • Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of January, 2004. Rodney E. Slifer, Ma~or TT T: ~t~0~" ` h I~fele Donaldson, Town Clerk .- ~ .- ~.....; ~r ,. h"~7~• •. ~~ ~~. • ~~•. .~ .•:C, COLO~P~ • RESOLUTION NO 7 Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE ALPINE ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, IT5 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 Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of • Vail, Colorado, as follows: l . Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20`" day of January, 2004. ', ,~~~-. ~~ ~ ~/~~ Rodney E. S'~ifer, Mayor ~ ATTE 'T: ~~' ~ r lei onaldson, Town Clerk ,~ ~ F ~q~ ~ .• ••. ~~~~ ,._ ~COLORP'~ n u RESOLUTION NO 8 Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE COLD TRUST ACCOUNT FOR THE TOWN OF VAIL PERMITI t t t/D 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 Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of • Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, & Judy Camp aze hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20`" day of January, 2004. ~~~ Rodney E. Slifer, Mayo ATTE T: 9 L elei onal son, Town Clerk y:..5;~! OF V .... q~ ....1 SEAL ,: .~ ~OCORP~~ • RESOLUTION N0.9 Series of 2004 • A RESOLUTION DECLARING VAIL'S TOWN COUNCIL'S OPPOSITION TO EXTREME EFFORTS TO LIMIT THE USE OF EMINENT DOMAIN FOR THE PURPOSE OF URBAN RENEWAL WHEREAS, urban renewal is an essential tool of municipalities to stay fresh and revitalized. WHEREAS, urban renewal has proven particularly applicable in revitalizing older suburbs and thereby preventing further outlying sprawl; and WHEREAS, it is the right and responsibility of a city to nurture the best interests and long-term prosperity of all its citizens; and WHEREAS, local control is a tested, time-honored principle of Colorado government and western traditions; and WHEREAS, eminent domain, used responsibly in rare and exceptional circumstances, is a critical tool for urban renewal and economic revitalization NOW, THERFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Town hereby opposes any attempts to eliminate or severely restrict the ability of municipalities to revitalize their communities using all the tools afforded to them by urban renewal, including the use of eminent domain. 2004. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of February, ,,.......-,may `i '••. ~' ~ ~ ,~ ~- `ii sa ATT T: '~ rel~i Donaldson, Town Clerk Town of Vail, Colorado .~~~~ Rodney EY Slifer, M or C] 1 ~ a • RESOLUTION NO. 10 Series of 2004 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A BARGAIN AND SALE DEED TO CONVEY A CERTAIN VACATED PORTION OF PLATTED RIGHT-OF-WAY BETWEEN LOTS P-3 AND J, BLOCK 5-A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF GORE CREEK DRIVE, THAT IS DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE PART HEREOF, WITH ALL ITS APPURTENANCES, TO VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail acting through its Director of Public Works and the Planning and Environmental Commission have found and determined that the public use, convenience and necessity no longer require within its system of public ways that certain public right-of-way legally described in Exhibit A attached hereto; and WHEREAS, the Town Council of the Town of Vail has caused the vacation of such right- of-way by its adoption of Ordinance No. 3, Series of 2004; and WHEREAS, in place of the vacated right-of-way a final plat has been approved to publicly dedicate the right-of-way far the Chute Road; and WHEREAS, the Town Council of the Town of Vail finds that the adoption of Resolution No. 10, Series of 2004, is in the best interest of the Town of Vail and its citizenry. • NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Vail Town Council hereby authorizes the Town Manager to sign a bargain and sale deed, as provided for in Ordinance No. 3, Series of 2004, to hereby convey a certain vacated portion of platted right-of-way between Lots P-3 and J, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive, that is described on Exhibit A attached hereto and made part hereof, with all its appurtenances, to Vail Associates Holdings, Ltd., a Colorado corporation. Section 2. If any section, paragraph, clause or provision of this resolution shall for any reason b~e held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 3. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. • . ~ =~ • INTRODUCED, READ, APPROVED AND ADOPTED this 17~' day of February, 2004. ~~~~~~ ~a%~~~ _~ Rodney Slifef, Mayor, TgGvn of Vail 5~ A ~....~ ~~.~- ~~ naldson, Town Clerk, Town of Vail • • :9 ~, • BARGAIN AND SALE DEED [Statutory Form -C.R.S. § 38-30-115] TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of Colorado ("Grantor"), whose street address is 75 South Frontage Road West, Vail, Colorado 81657, for good and valuable consideration, in hand paid or received, hereby sells and conveys to VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation, whose street address is c!o Vail Resorts Development Company, P.O. Box 959, 137 Benchmark Road, Avon, Colorado 81620, the real property in the County of Eagle and State of Colorado that is described on Exhibit A attached hereto and made a part hereof, with all its appurtenances. Signed this day of , 2004. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado ATTEST: By: Lorelei Donaldson, Town Clerk Name: • Title: STATE OF ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by as of the Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Y r 1 Parcel Description: EXHIBIT A LEGAL DESCRIPTION A Parcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded November 12, 1965 at File No. 102538 in the Offices of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as follows: Commencing at a point on the Northerly Right-of--way line of Hanson Ranch Road as shown on said Plat of Vail Village Fifth Filing, said point also being the common lot corner of Lots j and k of said Vail Village Fifth Filing, thence along said Right-of--Way S 70°35'41" W a distance of 35.00 feet; forming the Basis of Bearing for this Description; thence 52.65 feet along an Arc of a curve to the right having a Central Angle of 25°06'04", a Radius of 120.17 feet, a Chord which bears S 83°08'43" W a distance of 52.23 feet; thence continuing along said Northerly Right-of- Way 65.44 feet along an Arc of a curve to the right having a Central Angle of 31°11'56", a Radius of 120.17 feet, a Chord which bears N 68°42' 17" W a distance of 64.63 feet to the True Point of Beginning; thence N 53°06' 19" W a distance of 91.00 feet; thence 12.88 feet along the Arc of curve to the left, having a Central Angle of 06°15'21", a Radius of 117.98 feet, a Chord which bears N 56° 13' S9" W a distance of 12.88 feet; thence departing said Northerly Right-of- • way 28.07 feet along an Arc of a Curve to the left having a Central Angle of 107°12'33" a Radius of 15.00 feet, a Chord which bears N 67°02'04" E a distance of 24.15 feet to a point of Reverse Curvature; thence 42.56 feet along an Arc of a curve to the right having a Central Angle of 24°23'12", a Radius of 100.00 feet, a Chord which bears N 21°44'44" E a distance of 42.24 feet to a point of Reverse Curvature; thence 29.43 feet along an Arc of a curve to the left having a Central Angle of 112°24'06", a Radius of 15.00 feet, a Chord which bears N 19°11'25" W a distance of 24.93 feet to a point on the Northerly Right-of--Way of said Gore Creek Drive; thence S 75°51'23" E a distance of 85.32 feet; thence S 82°31' 10" E a distance of 11.87 feet; thence S 45°23'24" E a distance of 3.78 feet; thence 3.93 feet along an Arc of a Curve to the right having a Central Angle of O1°14'40", a Radius of 180.77 feet, a Chord which bears N 85°32'51" W a distance of 3.93 feet to a point of Compound Curvature; thence 153.73 feet along an Arc of curve to the left, having a Central Angle of 146°48' 10", a Radius of 60.00 feet, a Chord which bears S 21°46'02" W a distance of 115.00 feet, to a point of Compound Curvature; thence 3.99 feet along an Arc of a curve to the left, having a Central Angle of O 1 °54' 09", a Radius of 120.17 feet, a Chord which bears S 52°09' 14" E a distance of 3.99 feet to the True Point of Beginning, said Parcel containing 0.104 acres more or less. TOGETHER WITH any other pre-existing public right-of--way, as previously dedicated or established, that lies within Lot P-3, according to the plat entitled "Lot P-3, Vail Village Fifth Filing," which plat constitutes a resubdivision of certain portions of Vail Village Fifth Filing referenced above and has been recorded on 2004, at Reception No. ,immediately following the recordation of this Bargain and Sale • Deed. . RESOLUTION NO. 11 Series of 2004 A RESOLUTION APPROVING THE LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN AND FINDING THAT THE LIONSHEAD URBAN RENEWAL AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE URBAN RENEWAL PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE TOWN OF VAIL. WHEREAS, an urban renewal plan for the Lionshead Area has been submitted to the Town Council of the Town of Vail for appropriate action pursuant to Part 1 of Article 25 of Title 31, C.R.S.; and WHEREAS, the Lionshead Area which is subject to the Lionshead Public Facilities Development Plan is described in Figure 1 to the Lionshead Public Facilities Development Plan; and WHEREAS, the Town Council of the Town of Vail adopted the Lionshead Master Redevelopment Plan on December of 1999, which is a component of the Vail Comprehensive Plan; and WHEREAS, the Lionshead Public Facilities Development Plan has previously been submitted to the Town of Vail Planning and Environmental Commission for its review and recommendations as to conformity with the Vail Comprehensive Plan pursuant to C.R.S. §31- 25-107(2); and WHEREAS, the Tawn of Vail Planning and Environmental Commission has determined that the Lionshead Public Facilities Development Plan does conform to the Town of Vail Comprehensive Land Use Plan; and WHEREAS, no property in the Lionshead Urban Renewal Area has been included in an urban renewal plan previously submitted to the Town Council of the Town of Vail; and WHEREAS, the Town Clerk of the Town of Vait has published the notice of the time, place, and purpose of the public hearing to consider the adoption of the Lionshead Public Facilities Development Plan in the Vail Daily in conformance with C.R.S. §31-25-107(3); and WHEREAS, the Town Council of the Town of Vail has provided written notice of the public hearing to consider the adoption of the Lionshead Public Facilities Development Plan to property owners, residents, and business owners within the proposed Lionshead Urban Renewal Area at their last known addresses in conformance with C.R.S. §31-25-107(4)(c); and WHEREAS, the Eagle County Commissioners have received notification of and copies of the Lionshead Public Facilities Development Plan as well as such additional information as is required by C.R.S. §31-25-107(3.5); and • Resolution No. 11, Series of 2004 • WHEREAS, the Eagle County School District has received notification of and copies of the Lionshead Public Facilities Development Plan and has been given an opportunity to participate in an advisory capacity; and WHEREAS, no more than one hundred twenty days have passed since the commencement of the first public hearing of the urban renewal plan, and WHEREAS, the Town Council of the Town of Vail has considered the Lionshead Reinvestment Study prepared by URS Corporation and the proposed Lionshead Public Facilities Development Plan; and WHEREAS the Vail Town Council believes that any condemnation by the Vail Reinvestment Authority should be undertaken with the concurrence of the owner of any fee interest to be condemned; and WHEREAS, Town Council of the Town of Vail has conducted a public hearing and considered the public testimony received. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL THAT: 1. Blight, as defined by C.R.S. §31-25-103(2), is present in the Lionshead Urban Renewal Area as documented by the Lionshead Reinvestment Study prepared by URS Corporation and based on evidence presented at the public hearing and as reflected in the • Lionshead Public Facilities Development Plan. The following blight factors are present in the Lionshead Urban Renewal Area: defective and inadequate street layout; street system does not provide adequate access for motorists, pedestrians and emergency vehicles; unsafe conditions that endanger life or property; traffic and circulation patterns are dangerous for both pedestrians and motorists; deterioration of site improvements: public parking areas and concrete retaining walls are deteriorating; curbs and gutters on public property also show deterioration; defective. or unusual conditions of title rendering the title unmarketable; restrictive covenants controlling uses on certain properties and other conditions of title impair the redevelopment of key parcels in the Ptan Area; environmental contamination including runoff from unpaved parking areas and stormwater runoff from paved surfaces contaminate Gore Creek; and inadequate public improvements. 2. The Lionshead Urban Renewal Area is a blighted area and is appropriate for an urban renewal project pursuant to Part 1 of Article 25 of Title 31, C.R.S. 3. The boundaries of the Lionshead Urban Renewal Area as identified in Figure 1 of the Lionshead Public Facilities Development Plan have been drawn as narrowly as feasible to accomplish the planning and development objectives for the Lionshead Urban Renewal Area. 4. The Lionshead Public Facilities Development Plan conforms to the Comprehensive Land Use Plan, which is the general plan for the development of the Town of Vail. 5. There exist feasible methods for the relocation of individuals and families and business concerns in accommodations or areas suitable for their relocation and meeting the required standards under C.R.S. § 31-25-107(4)(a) and (b). • 2 • 6. Lionshead Public Facilities Development Plan will afford maximum opportunity, consistent with the sound needs of the Town of Vail as a whole, for the rehabilitation or redevelopment of the Lionshead Plan Area by private enterprise. 7. The acquisition, clearance, rehabilitation, conservation, development ar redevelopment of a combination thereof of the Lionshead Urban Renewal Area pursuant to the Lionshead Public Facilities Development Plan is necessary in the best interests of the public health, safety, morals, and welfare of the citizens of the Town of Vail. 8. The Lionshead Public Facilities Development Plan is hereby approved. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of March, 2004. ~,~ !~'~ Rodney E. Slifer, Mayor flfown of Vail ATTEST: • Lo~1ei ~onaldson, Town Clerk, Town of Vail o~~ o F ~~q~ .;• SEAL :. :: ~~o~o~~ U LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN VAIL REINVESTMENT AUTHORITY (No T1F) Revised March 1S, 2004 TABLE OF CONTENTS I. INTRODUCTION .....................................................................................................................1 1.1 Preface ............................................................................................................................ 1 1.2 Background ..................................................................................................................... 1 1.3 Definitions ....................................................................................................................... 2 2. LE GISLATIVE FINDINGS ....................................................................................................... .2 2.1 Qualifying Conditions ...................................................................................................... 2 2.2 Projects ........................................................................................................................... 3 2.3 Planning Approval .............:............................................................................................. 3 2.4 Public Hearing ................................................................................................................. 3 2.5 Boundaries of the Plan Area ........................................................................................... 4 2.6 Other Findings ................................................................................................................ 4 3. DESCRIPTION OF PLAN OBJECTIVES ................................................................................ 5 4. PLAN IMPLEMENTATION ......................................................................................................5 4.1 Redevelopment and Rehabilitation Actions ................................................................... 5 4.3 Relocation Assistance and Payments ............................................................................ 6 4.4 Public Improvements and Facilities ................................................................................ 6 4.5 Redevelopment Agreements .......................................................................................... 6 4.6 Interagency Cooperation ................................................................................................ 6 4.7 Advisory Committee ................ .................................................................................... 6 5. PROJECT FINANCING ...........................................................................................................7 5.1 Participating Interest in Projects ...........................................................:......................... 7 6. MODIFICATIONS TO THIS PLAN ..........................................................................................7 . LIONSHEAD PUBLIC FACILITIES INVESTMENT PLAN March 2004 1. INTRODUCTION 1.1 Preface This Lionshead Public Facilities Investment Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements of § 31-25-107, C.R.S., that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urban renewal project. The administration of this project and the enforcement and execution of this Plan shall be pertormed by VRA. 1.2 ~ Background The Lionshead area is one of four base areas for the Vail Mountain Ski Area. The area was originally developed from 1972-1974 as the base for the Lionshead gondola. Lodging, condominiums and retail were constructed over a period of years, often without coordinated planning of circulation and public transportation facilities of the area. The Lionshead parking garage was built in 1981 significantly increasing the pedestrian traffic in ,the area. An extensive bus system has developed as the major means of moving ,.., ~`' people around Vail. The Lionshead area now accounts for approximately 4596 of the skier access to Vail Mountain. As a result of this rapid development activity, the traffic and transportation network for personal vehicles, pedestrians and delivery vehicles does not work well. There are many vehicle/pedestrian conflicts creating unsafe conditions throughout the Lionshead area. In addition, the public infrastructure in the Lionshead area has deteriorated. Extremes of temperature and topography as well as the intense utilization of the area by residents and guests has caused streets, sidewalks, curbs and gutters, and retaining walls to be subject to accelerated deterioration. Inadequate attention to runoff from impervious surfaces and deteriorated drainage facilities have contributed to water quality deterioration in the Gore Creek. The Lionshead Redevelopment Master Plan, adopted in 1999, ident~es spec public infrastructure improvements that need to occur and provides incentives for private redevelopment. A major implementation action in the Master Plan is the redevelopment of the Lionshead gondola and Sun Bird building sites into ahigh-end hotel. Other major development sites include the remodeling of the Marriott and Antler properties. These development projects will place many more guests and residents into the Lionshead area. To properly support this major private reinvestment in Lionshead, the supporting transportation infrastructure needs to be upgraded. Sidewalks and streets need to be constructed or reconstructed. A transportation center must be built to accommodate the increased usage of the Lionshead area, and improvements to the Frontage Road are needed to serve the increased traffic. This Plan is intended to provide the financial mechanisms necessary to support the renovation and reconstruction of the public infrastructure in Lionshead. MUR\58179.OIW68843.02 1 1.3 Definitions Cooperation Agreement: Any agreement between VRA and the Town of Vail or any other public body regarding action taken pursuant to any of the powers set forth in the Urban Renewal Law, or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by VRA under this Plan. Plan: This Lionshead Public Facilities Investment Plan as it may be modified from time to time. Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1, which has been found to be blighted and for which the undertaking of urban renewal projects is declared to be necessary. Redevelopment Agreement: An agreement between VRA and a developer or developers representing the redevelopment or rehabilitation of property within the Plan Area. 2. LEGISLATIVE FINDINGS 2.1 Qualifying Conditions Based on the Lionshead Reinvestment Study prepared by URS Corporation, dated February 2004, and evidence presented at the public hearing, the Town Council finds that there exists blight, as defined by § 31-25-103(2), C.R.S., in the Plan Area. The Lionshead Reinvestment Study found that blight conditions were prevalent throughout the area. The conditions found to exist include: a) Defective and inadequate street layout: Street system does not provide adequate access for motorists, pedestrians and emergency vehicles. Turning radii are often inadequate. b) Unsafe conditions that endanger life or property: Traffic and circulation patterns are dangerous for both pedestrians and motorists. c) Deterioration of site improvements: Public parking areas and concrete retaining walls are deteriorating. Curbs and gutters on public property also show deterioration. d) Defective or unusual conditions of title rendering the title unmarketable: Restrictive covenants controlling uses on certain properties and other conditions of title impair the redevelopment of key parcels in the Plan Area. In many instances, covenant provisions conflict with or have been ignored by prior development. MlJR~58179.011468843.02 2 e) Environmental contamination: Runoff from unpaved parking areas and storm water runoff from paved surfaces contaminate Gore Creek. fl Inadequate public improvements: Streets and sidewalks on public property are not adequate for the traffic and do not provide a safe separation for pedestrians from motor vehicles. Pavement, curb and gutter and retaining walls on public property are deteriorating. Ovefiead utilities are present and storm water management is inadequate. The Town Council finds that the presence of these factors substantially impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, constitutes an economic and social liability and is a menace to the public health, safety, morals and welfare of the Town of Vail. 2.2 Projects The Plan Area is appropriate for one or more urban renewal projects and other undertakings of the VRA as authorized by the Urban Renewal Law. 2.3 Planning Approval A general plan for the Town of Vail, known as the Vail Comprehensive Plan, has been adopted by the Town Council. In addition, the Lionshead area is the subject of the Lionshead Redevelopment Master Plan which is the Town's official planning document for guiding the redevelopment of the Lionshead area and is a part of the Vail Comprehensive. Plan. This Plan has been submitted to the Planning and Environmental Commission of the Town of Vail for review and recommendations as to its conformity with the Vail Comprehensive Plan and the Lionshead Master Plan. The Planning and Environmental Commission met on February 23, 2004 and has submitted its written recommendations via a staff memorandum to the Town Council that the Lionshead Public f=acilities Development Plan is in confom~ity with the Vaii Comprehensive Plan. Consultation This Plan has been submitted to the Board of County Commissioners of Eagle County as required by the Urban Renewal Law. The Eagle County School District has been advised of this Plan and has been given an opportunity to provide comments. 2.4 Publlc Hearing The Town Council of the Town of Vail has held a public hearing to consider this Plan after public notice thereof in compliance with the Urban Renewal Law in the Vail Da11y, describing the time, date, and purpose of the public hearing, identifying the Plan Area and outlining the general scope of the projects being considered for implementation pursuant to this Plan. Pursuant to C.R.S. §31-25-107(4)(c), notice of the public hearing was provided to owners, residents, and business owners in the Plan Area at their last known address at least 30 days before the date of the public hearing. MlJR158179.011468843.02 3 2.5 Boundaries of the Plan Area The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as feasible to accomplish the planning and development objectives of this Plan. 2.6 Other Findings 2.6.1 One or more of the projects will require the demolition and clearance, subject to other restrictions, of certain public improvements within the Plan Area as provided in this Plan. Such actions may be necessary to eliminate unsafe conditions. eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. 2.6.2 In order to eliminate or reduce the qualifying conditions currently existing within the Plan Area, as well as those qualifying conditions which may be reasonably anticipated to develop within the Plan Area in the absence of public action, it is the intent ofi the Town Council in adopting this Plan that VRA exercise all powers authorized to be exercised by VRA under the Urban Renewal Law and which are necessary, convenient or appropriate to accomplish the objectives of this Plan. It is the intent of this Plan that VRA shall exercise all such powers as may now be possessed or hereafter granted to VRA for the elimination of qualifying conditions within the Plan Area. 2.6.3 Many properties in the Plan Area are subject to restrictive covenant provisions from previous subdivisions of property in Vail and Lionshead. In many cases, the covenant provisions conflict with one another and in some cases have been ignored by existing development. These restrictive covenants create an impediment to the redevelopment of properties within the Plan Area, particularly the financing of improvements which are key to the redevelopment of the Plan Area. VRA is authorized to use the power of eminent domain, with the consultation and concurrence of the owner of any fee interest to be condemned, to eliminate only those restrictive covenant provisions and other conditions of title which prevent redevelopment of properties within the Plan Area. 2.6.4 If it becomes necessary for individuals, families or businesses to relocate as a result of the implementation of this Plan, a feasible method exists for the relocation of individuals, families, and business concerns that may be displaced, insuring that decent, safe and sanitary dwelling accommodations and business locations can be made available. 2.6.5 The powers conferred by the Urban Renews! Law are for public uses and purposes for which public money may be expended and the police powers exercised, and this Plan is in the public interest and necessity, such finding being a matter of legislative determination by the Town Council. MUR~58179.01\468843.02 4 -, 2.6:6 VRA may, in its discretion, issue bonds, including bonds or other obligations, to the extent permitted by law. 3. DESCRIPTION OF PLAN OBJECTIVES This Plan is an important tool to address the problems confronting the Lionshead area. The Plan helps to further the goals for the area previously outlined in the Lionshead Redevelopment Master Plan. The objectives for the Plan include the following: • ~ Create a sense of place and an improved aesthetic character for Lionshead for both residents and guests. • Renovate or redevelop the deteriorated and/or outdated residential and commercial buildings and provide enhanced amenities. • Enhance the aesthetic appearance of the area to make it more appealing. • Improve pedestrian, bicycle, mass transit and auto accessibility and circulation. • Eliminate impediments to the redevelopment of key facilities with the Plan Area. • Upgrade and restore public infrastructure including transportation facilities, parking, sidewalks and streetscapes. •` . 4. PLAN IMPLEMENTATION ~~~ In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA shall be authorized to undertake the following activities: 4.1 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Plan Area may include such undertakings and activities as are in accordance with this Plan, the Lionshead Master Plan, and the Urban Renewal Law, including without limitation: demolition and removal of public buildings and improvements as set forth herein; installation, construction and reconstruction of public improvements as set forth herein; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; and other actions to remove or to prevent the spread of deterioration. VRA is authorized to negotiate and enter into agreements with landowners, developers, and investors regarding appropriate projects throughout the Plan Area. 4.2 Property Acquisition The principal purpose of this Plan is the rehabilitation and enhancement of public infrastructure in the Plan Area and the support of new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with new private investment. The power of eminent domain as authorized by the Urban Renewal . Law may be utilized as VRA determines necessary to eliminate and remove those restrictive covenants and other conditions of title which interfere with new private ~~ MUR158179.014468843.02 5 investment, with the consultation and concurrence of the owner of any fee interest to be condemned. 4.3 Relocation Assistance and Payments In the event it is necessary to relocate or displace any business or other commercial establishments as a result of any property acquisition, VRA may adopt relocation policies for payment of relocation expenses. Such expenses may include moving expenses, actual direct losses of property for business concerns, and goodwill and lost profits that are reasonably related to relocation of the business, resulting from its displacement for which reimbursement or compensation is not otherwise made. 4.4 Public Improvements and Facilities VRA may undertake certain actions which would make the Plan Area more attractive for private investment by providing public improvements consistent with the Lionshead Master plan. These improvements include street and traffic improvements, streetscape improvements, a transportation center, landscaping, park and recreation facilities, utility improvements, open space acquisition, storm water improvements, public art projects, and other similar improvements necessary to carry out the objectives of the Lionshead Master Plan. 4.5 Redevelopment Agreements VRA is authorized to enter into one or more Redevelopment Agreements with developer(s) and such other entities as are determined by VRA to be necessary or desirable by VRA to cant' out the purposes of this Plan. Such Redevelopment Agreements may contain such terms and provisions as shall be deemed necessary or appropriate by VRA for the purpose of undertaking the activities contemplated by this Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA, including financial assistance, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Urban Renewal Law. 4.6 Interagency Cooperation VRA may enter into one or more Cooperation Agreements with the Town of Vail or other public bodies pursuant to the Urban Renewal Law. Cooperation Agreements may provide, without limitation, for financing, for construction of public improvements, for administration, for technical assistance and for other purposes. 4.7 Advisory Committee VRA shall establish an advisory committee of Lionshead residential and commercial property owners to advise the VRA on matters related to the implementation of the Plan. The composition of the committee shall be determined by the VRA. MUR158179.011468843.02 6 5. PROJECT FINANCING 5.1 Participatlng Interest in Projects VRA may require a participating interest in private development projects for which it provides financial assistance. Public assistance is frequently needed for redevelopment projects in order to fill the gap between traditional equity and debt financing and the additional costs of a redevelopment project. In the event the project generates revenues at or greater than market return, the public should share in the success of the project. The terms of the participating interest will be specified in the Redevelopment Agreement at a level and on terms appropriate for each project. 6. MODIFICATIONS TO THIS PLAN This Plan may be amended or modified pursuant to provision of the Urban Renewal Law as provided in § 31-25-107, C.R.S. Modifications to this Plan will require appropriate notification in accordance with the Urban Renewal Law, including submission to the Board of County Commissioners of Eagle County and written notice provided to ail property owners, residents, and owners of businesses in the Plan Area not less than 30 days prior to the consideration of a substantial mod cation in accordance with C.R.S. 31-25-107 (4)(c). •~ . F:\Use~sLodevl~:ounciMnemos104\3-1~04.doc • MUR\58179.011468843.02 • Figure 1-Plan Area MUR158179.011468843.02 8 Attachment 4 To~~oFti~ j I,IONSIII~.AI) RE[NVES I MEN l FEBRUARY 2004 prepared by Z~RS 122517th Street, Suite 200 Denver, Colorado 80202 :~(1R.~A~.RnR[1 STUDY Uonshead Reinvestment Study Tabie of Contents Feb-uary 2004 1.0 REINVESTMENT STUDY PURPOSE ................................................................1 2.0 STUDY AREA LOCATION ............................................................................... ..1 3.0 STUDY AREA DEFINITION ............................................................................. ..3 4.0 STUDY AREA DESCRIPTION ......................................................................... ..5 5.0 COLORADO URBAN RENEWAL LAW ........................................................... 11 6.0 STUDY METHODOLOGY ................................................................................ 13 7.0 DETERMINATION OF CONDITIONS WITHIN THE STUDY AREA ................. 14 8.0 SUMMARY OF FINDINGS ............................................................................... 18 Table of Figures ~. , Figure 1: Study Area General Location Map ..............................................................2 '~:. Figure 2: Study Area Map ..........................................................................................4 Figure 3: Existing Land Use Map ...............................................................................8 Figure 4: Existing Zoning Map ....................................................................................9 Figure 5: Existing Property Ownership Map .............................................................10 • `~-- • .. ~~ • Lionshead Reinvestment Study 1.0 REINVESTMENT STUDY PURPOSE February 2004 This document is the completion of a study initiated in August 2000 to determine whether the Lionshead Reinvestment Study Area (the "Study Area") meets the criteria for tax increment financing within the meaning of Colorado Urban Renewal Law, and whether the Study Area should be recommended for such urban renewal efforts as the Town of Vail may deem appropriate to prevent further deterioration of the Lionshead area. 2.0 STUDY AREA LOCATION The Town of Vail is located in north central Colorado, approximately 100 miles west of the City and County of Denver. It is situated along the I-70 corridor approximately 25 mites west of the Confinental Divide. The Base elevation of Vail is 8,120 feet, and the peak elevation is 11,455 feet. The Study Area location is situated towards the western side of the Town of Vail, south of I-70, in an area generally known as the Lionshead area. The exact Study Area boundaries are identified in the next section. See Figure 1, Study Area General Location Map. L'1 ~ ^~ i~ ~~:. Ei~GLE ~~ Colorado ~_~ .~ , ~G ~ IN'. ~.~ . f ~~,.... I Figure 1 Study area general Location Map 1~ji~'K ~~ a~ Lionshead Reinvestment Study 3.0 STUDY AREA DEFINITION February 2004 The Lionshead Reinvestment Study Area consists of those parcels generally bounded on the north by I-70, on the south by Gore Creek, on the east by the eastern parcel boundaries for Vail International, the Dobson Ice Arena, and the Town of Vail Library, and on the west by the point of convergence of the I-70 and South Frontage Road West rights-of--way. See Figure 2, Study Area Map, for the specific boundaries of the Study Area. 3 ^° I i c~. ~ ~ ~ a~ ~ ~ ~ . ~i ~~ a Ve \t_ i ~~ ~ P. C~ Lionshead Reinvestment Study February 2004 z 4.0 STUDY AREA DESCRIPTION Unlike many other Colorado mountain communities which began as a base camp for mineral extraction, the Town of Vail was developed in the early 1960s as a destination winter resort. Its population in 2000 per the U.S. Census Bureau was 4,531 for year-round residents. The town has expanded to the east, west and north of its original boundaries. The Study Area is located in an area generally known as Lionshead Village and is approximately 73 acres in size, excluding roadway right-of-way. The Vail ski resort is operated by a private entity, Vail Resorts, Inc. The general opening date of the ski slopes is mtd to late November through late April, when enough snow is present to support skiing and other winter outdoor activities. Skiing facilities in Vail include 4,644 skiable acres, 380 snowmaking acres, 174 skiing runs, and 33 lifts including one gondola. The number of skier visits to Vail was approximately 1.5 million for ski season 2001/2002 by Colorado Ski Country USA. ~"~ Summer and' fall off-season activities occurring in and around Vail include hiking, bicycling, camping, golfing, fishing, and horseback riding, along with other outdoor events such as concerts and rodeos. However, visitation during the summer and fall is not significant when compared to numbers for the winter peak season. As a result, some retail establishments are closed during these off-peak seasons. ~. Existing Land Uses A variety of land uses occur within the Study Area. These land uses include mixed use, iodging/condominlums, retaiVcommercial, service station, community facilities (ice arena and library), open space, parking, and publicJutility. Of these, the dominant land uses within the Study Area are mixed use and lodging/condominiums. See Figure 3 for the Study Area Existing Land Use Map. Existing Zoning The Study Area is comprised of 8 zoning districts. These districts are labeled as follows: • High Density Multiple Family (HDMF) -This zone designation permits lodges, including accessory eating, drinking, recreational or retail establishments. located within the principal use and not occupying more than 10% of the total GRFA of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch or terrace. The maximum density permitted under this zone is 25 dwelling units per acre of buildable site area. • Lionshead Mixed Use 1 (LHMU-1) -This zone designation has three different permitted uses pertaining to floor level. For the basement or garden level permitted uses include - banks, commercial ski storage, eating and drinking establishments, personal services 5 Uonshead Reinvestment Study February 2004 and repair shops, professional offices, lockers and storage, recreation facilities, retail establishments, skier ticketing/schools/services, daycare, travel agencies and any additional uses deemed similar. The first floor or street level permitted uses include banks, eating and drinking establishments, recreation facilities, retail establishments, skier ticketing/schools/services, daycare, travel agencies and other similar uses. Uses permitted on all floors include land uses such as banks, conference facilities, eating and drinking establishments, liquor stores, personal services, professional offices, radio and TV stores and repair shops, recreation facilities, retail establishments, skier servicing facilities, theaters, time-share units and additional uses determined to be similar. The maximum density permitted is up to a 33°r6 increase in the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater. • Lionshead Mixed Use 2 (LHMU -2) -This zone allows similar uses to the LHMU-1. For all levels of a building or outside buildings, the allowed uses are the same as those identified for LHMU-1, but also include vehicle maintenance and warehousing. The density restrictions are the same as those defined for the LHMU-1. • Arterial Business District (ABD) -Permitted uses in this zone include eating and drinking establishments, personal service and repair shops, retail/office businesses, and other uses determined to be similar to permitted uses. The total density permitted is 25 dwelling units per acre, with a Ilmit of not more than 60% of a buildable site developed. • General Use (GU) -Under this zone designation passive outdoor recreation areas, open space, pedestrian and bike paths are the permitted uses. Other various public and -~ quasi-public conditional land uses are permitted under this zone designation. Development standards are prescribed by the Planning and Environmental Commission. • Agricultural and Open Space (A) -The permitted usa under this zone includes plant and tree nurseries, and raising of field, row and tree crops, public parks, recreation areas, open spaces and single-family residential dwellings. Other various conditional semi- public uses are also permitted. The maximum density permitted is one dwelling unit per 35 acres. • Natural Area Preservation (NAP) -The Natural Area Preservation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The Natural Area Preservation District includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. • Special Development District (SDD) -The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. See Figure 4 for the Study Area Existing Zoning Map. URNS 6 Uonshead Reinvestment Study February 2004 \'~ Property Identification and Ownership The property ownership in the Study Area is predominantly private, with the majority of parcels owned by either Vail Resorts, Inc., other private property owners, or in joint ownership by Vail Resorts, inc. and another private entity. The remaining parcels are owned by the Town of Vail, and consist primarily of the Lionshead Parking Structure, the Dobson Ice Arena, the Town of Vail Library, and Open Space parcels along Gore Creek. See Figure 5 for the Study Area Existing Property Ownership Map. • V i~~7 7 ~~im ~~~ ~ ma tl J C !. W ~°u ~: t d' m Q N ~ ~ 3 LL ~ C W ~' Q~ a ;...o Q. --'"--- ~ ~ ~ ~k N ~~ ILfl-~ ~ ~ ~. N ~. • DQ a ~.. ,~ t~,. ~.;.. ., 4 '4 , yya '~~ ' ~ ~ ^ • ~~~~ ~ r ~ ,~ 4 t .. .~ _, ~~ 'ts~~ ~~,~ ~'. ~W \` ,.~ ~_ Uonshead Reinvestment Study 5.0 COLORADO URBAN RENEWAL LAW February 2004 A community's built environment-its public assets in the form of streets, sidewalks, utilities and facilities, and its private assets in the form of residences, businesses, and institutions- has afinite lifespan. The ongoing effects of time, use, growth, changing economies, and the environment require the community to be continually reinvesting in and improving its public and private infrastructure. This is the case in a community like Vail, where the Town's original public infrastructure is showing the effects of decades of service. However, before remedial action through the use of tools such as tax increment financing can be taken by a public agency, Colorado Urban Renewal Law requires a finding by the appropriate governing body that a specific area (such as the Study Area) has sufficient evidence of deterioration, which the Colorado Urban Renewal Law characterizes as "blight." The determination that an area meets the criteria of the Colorado Urban Renewal Law is a cumulative, conclusion attributable to the presence of several physical, environmental, and social factors. Indeed, blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. For purposes of the study, the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: "Blighted area" means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography; g. Defective or unusual conditions of title rendering the title non-marketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidations, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; or k. Inadequate public improvements or utilities. Several principles have been developed by Colorado courts to guide the determination of whether an area meets the criteria under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of "blighted area contained in [the Urban Renewal Law) is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." 11 Llonshead Relnvesbnent Study February 2004 Second, the presence of well maintained buildings does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not on abuilding-by-building basis. Third, one of the purposes of the Urban Renewal Law is to prevent future decline of an area. Therefore, an area need not evidence widespread dilapidation to qualify as blighted so long as factors which lead to further decline are present. Fourth, an authority's "determination as to whether an area is biighted...is a legislative question and the scope of review by the judiciary is restricted." A court's role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence and consistent with the statutory definition. URS was retained by the Town of Vail to perform an independent survey of the Study Area in August 2000, but did not complete the study at that time at the request of the Town. In November 2002, URS was asked to resurvey and complete this study. In February 2004, a minor adjustment was made to the Study Area boundary to include a parcel owned by the Town. Based upon what is observed in the Study Area, this report makes a recommendation as to whether the Study Area meets the criteria in the Colorado Urban Renewal Law. The actual determination itself remains the responsibility of the Town's legislative body. •. • ~~ 12 (• O ._. • tJonshead Reinvestment Study 6.0 STUDY METHODOLOGY February 2004 An important objective of this Reinvestment Study is to obtain and evaluate data, where possible, on a wide range of physical conditions that are present in the Study Area. Data about the Study Area were collected from various public agencies and supplemented by a careful field survey of the Study Area. This Reinvestment Study included the following tasks: • Task 1: Determination of Project Issues • Task 2: Base Mapping • Task 3: Data Collection and Research • Task 4: Field Survey and Verification • Task 5: Documentafion and Findings • Task 6: Presentation of Reinvestment Study Appendix A contains a map showing the location of photographs that were taken of a variety of Site conditions and public improvements within the Study Area. Appendix B provides the photographs themselves. - _ ! l~ J 13 Uonshead Reinvestment Study February 2004 1'~rr 7.0 DETERMINATION OF CONDITIONS WITHIN THE STUDY AREA The overall findings of the Town of Vail Reinvestment Study Update are presented in this secction. The analysis addresses general building and site conditions, and the condition of public improvements throughout the Study Area to determine whether the area could meet the criteria outlined in the Colorado Urban Renewal Law. Presence of Deteriorated or Deteriorating Structures and Sites Overall, degrees of site or structural deterioration are identified below: Standard, Sound These buildings or sites contained no or relatively minor defects, were adequately maintained and required no treatment outside of normal ongoing maintenance. Substandard, Minor Deflclenc%s These buildings or sites contained deficiencies which required minor/major repairs to secondary structural elements such as fascia/sofFits, gutter/downspouts, exterior finishes, windows, doors, stairwells, and fire escapes. Sites with pavement deterioration of 25-75% of the site were considered minor deficiencies, These type of deficiencies might possibly be corrected through nom-al maintenance, however, replacement or rebuilding or components by skilled people in the building trades is recommended. Substandard Major Deficiencies These buildings or sites contained major defects over a widespread area and would be difficult to correct through normal maintenance. These buildings would require replacement or rebuilding of components by people skilled in the building trades. Sites with surface pavement deterioration greater than 75% of the site area were considered major deficiencies. The many structures within Study Area were surveyed for their degree of deterioration based on the three condition categories defined above. Most structures were found to be in the "Standard, Sound" condition, with a few that could be classified into the "Substandard, Minor Deficiencies" category. Those structures that could be classified into the "Substandard, Minor Deficiencies" category typically contained superficial exterior deficiencies such as the need for a fresh coat of paint on wood siding, balcony railings, and the like. These minor deficiencies are also typically the result of the often harsh winter conditions found in Vail's mountain setting, which can be, and usually are, remedied through periodic maintenance. As a result of the type and scale of the minor deficiencies identified in the many publicly and privately owned structures in the Study Area, it was determined that those deficiencies were insufficient to qualify as a finding of blight under the "Presence of Deteriorated or Deteriorating Structures and Sites" criterion. UR.S 14 Uonshead Relnvesbnent Study /• t~ ' Faulty Street Layout Febnrary 2004 Faulty street layout is common in the Study Area. Proper street access is not provided to several parcels. For several parcels located in the Study Area, they cannot be accessed without passing through another parcel. In addition, lack of adequate turning lanes from frontage roads to lodgings backs up traffic. Town buses sometimes have difficulty making left turns because of the inadequate street gradients, and the volume of traffic that competes with buses for breaks in the frontage road traffic. As a result of faulty street layout in Lionshead Village, vehicular traffic heading towards lodgings poses a significant conflict with the large volume of pedestrian traffic crossing from parking. See Photos 12 and 18 in Appendix B for examples of this condition. Faulty Lot Layout Faulty lot layout occurs in the Study Area. In one instance, motorists accessing a particular lodge need to pass through another property in order to get to the desired lodge's entry and parking. Another example of faulty lot layout pertains to lot shape. There exists no standard lot size or shape within the Study Area, as can be observed on the attached Study Area Map exhibit. Within the Study Area there are at least three lots that are a shape that renders them inadequate or inaccessible. See Photos 12 and 18 in Appendix B for • examples of this condition. ~.. Unsanitary or Unsafe Conditions that Endanger Lite or Property Numerous unsafe conditions for pedestrians exist in the Study Area. In some areas the absence of sidewalks and crosswalks causes pedestrians to cross streets anywhere, creating a very dangerous conflict with private vehicles, delivery vehicles, and the regional transit buses. Pathways pedestrians use to get to the ski yard are narrow and icy during the winter. Overflow parking, on streets during the peak season. creates a dangerous conflict befinreen through-vehicle traffic and pedestrians. Pedestrian access to the mall area is unmarked and the points of entry are sometimes unclear. Safe crossings are made more difficult by winter road conditions and traffic congestion. In addition, pedestrians are often wearing ski boots and carrying skis, which affects pedestrian movement and flow. Vehicular traffic heading towards lodgings poses a significant conflict with the large volume of pedestrian traffic crossing from parking structures towards the mall.area. Lack of pedestrian crossings to residential properties adds to unsafe conditions for pedestrians. inappropriate drop off sites for skiers at the western end of the parking structure located off of I-70, which is not designated for this purpose, create unsafe conditions for pedestrians, as automobiles confront pedestrians crossing from the parking structure. Winter snow makes for icy conditions in addition to limiting space for vehicle passage. Snow cats and snowmobiles must cross the frontage road to access the mountain. As a result, conflicts with traffic on the frontage road occurs. Lack of directional signage to • lodgings slows traffic and causes congestion. Some parking lots are sheets of ice in the winter due to poor gradients. See Photos 6, 8, 9, 10, 11, 14 and 17 in Appendix B for examples of this condition. 15 Uonshead Reinvestment Study February 2004 l` ~ . Deterioration of Site or Other improvements The most evident sign of deterioration of public improvements is the erosion of concrete in Lionshead Village due to the freeze/thaw cycle that occurs between winter and spring. In addition, snow cats are rough on roadways and walkways and contribute to deterioration of paved surfaces. Concrete erosion can be found often on stairways. In addition, many streets in Lionshead Village are characterized by deterioration of concrete curbs, gutters and sidewalks. Other forms of deterioration include the poor quality of retaining walls and site furniture in the mall area. See Photos 1, 2, 3, 4, 5, 7 and 13 in Appendix B for examples of this condition. Defective or Unusual Conditions of Title Rendering the Title Non-marketable Throughout the Study Areas are parcels containing obsolete and restrictlve covenants. These covenants impose certain development requirements or restrictions on those parcels that prohibit their redevelopment to a higher or different use. In other cases, these covenants contradict with the existing development. As a result, these titles become difficult to market, create a barrier in obtaining financing by their owners, and inhibit the redevelopment of the parcels to the detriment of both the property owners and the Town of Vail. Unusual Topography Unusual topography is present in the Study Area. It has associated safety issues in that the steep terrain in some areas causes icy spots during the winter, which contribute to vehicle and/or pedestrian accidents. Additionally, the steep terrain contributes to the unusual shape of many parcels, the inefficient arrangement of many streets and driveways, and the orientatlon and configuration of structures on their parcels. The Existence of Conditions that Endanger Life or Property by Fire and Other Causes The example of the "existence of conditions that endanger life or property by fire and other causes" that is most evident in the Study Area is the difficulty of access by fire and emergency vehicles to certain sites and structures. In some locations, ground level retail extensions make the vertical mass of buildings inaccessible to fire protection (fire department ladders cannot reach buildings). In other instances, residential buildings do not provide the 150 foot frontage required for fire/emergency access. Other examples of limited emergency access include delivery trucks that park in the fire lanes and the mall's vehicle access routes have many dead ends and fire trucks are not provided with the appropriate amount of space for their fuming radii. Additionally, winter snow creates icy roadways in addition to limiting space for adequate fire truck/emergency vehicle passage in some areas. This difficulty of access by fire and emergency vehicles to certain sites and structures is primarily the result of three other factors already discussed: Faulty lot layout, faulty street layout, and unusual topography. The mountainous terrain that exists within the Study Area ~S 16 llonshead Reinvesbnent study February 2004 - creates a situation that results in parcels and streets that are less than optimally arranged. Since Vail's native mountain terrain is not only at the heart of its existence as a resort community, but a characteristic of the town that will never change, certain difficulties "come with the territory." As a result, while improving fire and emergency access is a ongoing effort by the Town, it was determined that this factor alone is insufficient to qualify as a finding of blight under the "existence of conditions that endanger life or property by fire and other causes" criterion. Buildings That Are Unsafe or Unhealthy for Persons to Llve or Work In Because of Building Code Violations, Dilapidations, Deterioration, Defective Design, Physical Construction, or Faulty or Inadequate Facilities Periodically, building code violations will exist in ail communities as a part of the ever- changing nature of the built environment. However, it is reasonable to expect that before a finding under this criterion can be established, it would be necessary to document a sufficient quantity of violations on one or several properties or an abundance of violations under one or several codes throughout the °Study Area. Violations to this degree were not identified within the Study Area; therefore, it was determined that there is insufficient evidence for a finding under this criterion. Environmental Conditions Environmental contamination has occurred within the Study Area. Anecdotal evidence suggests that there may still be a fuel tank leak at one of the service stations within. the Study Area, although this issue has been deemed resol~red in court. Unpaved parking lots (gravel) in the Study Area cause soil contamination from cars leaking gasoline, automobile oil, and anti-freeze. Stormwater running off from paved surtaces flows into creeks, sends pollutants into streams and impacts groundwater sources as well. See Photo 15 in Appendix B for an example of this condition. Inadequate Public Improvements or Utilities There are examples of inadequate public improvements found in the Study Area. In the eastern edge of the Study Area underground fuel tanks in some cases are buried only 4 feet under ground due to a high water table. In some cases tanks have required strapping down to avoid floating. Snow cats tear up roads, concrete sidewalks, curbs and gutters, and create noise and visual pollution. The Vail Sanitation Plant was almost at capacity in 1998 according to the Lionshead Redevelopment Master Plan. Overhead utility lines a-e present in the Study Area. Stormwater runoff from paved surfaces that carries pollutants is discharged into streams and contributes to water quality degradation. Additionally, several streets are lacking in curbs and gutters and sidewalks. See Photos 16 and 19 in Appendix B for examples of this condition. ~~ 17 Uonshead Reinvestment Study • ~~_ 8.0 SUMMARY OF FINDINGS Febn~ary 2004 The conclusion of this study is based on the following summaries of the eight criteria described in the previous section in which conditions were found in the Study Area that meet the criteria identified in the Colorado Urban Renewal Law: 1. Faultv Street Lavou~. Within the Study Area, there is the presence of faulty street layout that does not provide adequate street access for motorists, pedestrians and/or emergency vehicles. Turning lanes are needed to ensure adequate traffic flow at certain intersections. 2. Faultv Lot Lavouti, There is the presence of faulty lot layout in relation to size, adequacy, accessibility and usefulness in the commercial areas of the Study Area. These include: inefficient and unworkable layout of parking and loading areas in relation to commercial and residential structures, which creates poor and dangerous traffic circulation. 3. Unsanitary or Unsafe Conditions: Conditions that Endanger Life or Property, There is the presence of unsanitary or unsafe conditions within the Study Area. • These primarily consist of unsafe and hazardous conditions for pedestrians and motorists. Q : ~ 4. Deterioration of Site or Improvements. There is the presence of deterioration of site and other improvements within the Study Area. In the commercial areas, this includes the deterioration of parking areas and deterioration of street curb and gutter surfaces. Concrete erosion is a common occurrence in the mall area. 5. Defective or Unusual Conditions of Title Rendering the Title Non-marketable. There are multiple occurrences within the Study Area of parcels containing titles with restrictive covenants that make those titles non-marketable and, consequently, prevent the redevelopment or improvement of those properties. 6. Unusual topography. There is the presence of condiflons of unusual topography in the Study Area. Steep slopes contribute to icy winter conditions. Retaining wall failure is occurring in the Study Area. 7. Environmental Contamination, There is the presence of environmental contamination in the Study Area. These conditions are primarily related to unpaved parking areas, and stormwater runoff from paved surfaces. 8. Inadequate Public Improvements. Utilities. There is the presence of inadequate public improvements and utilities in the Study Area, including: deteriorating or non-existent street pavement, curb and gutter, overhead utilities, and inadequate facilities for stormwater runoff. • It is the conclusion and recommendation of this study that the Study Area, in its present ~ condition and use, as of February 2004, meets eight of the criteria in Colorado Revised '~ 18 [Jonshead Reinvestment Study February 2004 ' Statute § 31-25-103(2), (exceeding the minimum of four of the eleven factors required). By reason of the presence of these eight factors identified in Secction 103(2) of the Urban Renewal Law and discussed above, the Study Area impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, constitutes an economic or social liability, and is a threat to the public health, safety, morals, or welfare. These factors indicate problems with public infrastructure and those private site improvements which are accessible to the public rather than deterioration of private structures; however, uncorrected deficiencies identified in this Report could lead to a decline in many of the private structures in the Study Area. '~ 19 e e F~ m 5 ~3 z a S y 0 E a 2 Uonshead Reinvestment Study Appendix B: Photograph Survey of Conditions that Meet Colorado Urban Renewal Law Criteria r~ UR.S February 2004 • i • Lionshead Reinvestment Study February 2004 Photo 1 Site maintenance problem with deteriorated brick pavers. Photo 2 This is a photograph of a base of what used to be a street light. See metal nails exposed at the top. :7 • Lionshead Reinvestment Study February 2004 Photo 3 Deteriorated stairs and poor drainage. Photo 4 Poor drainage and curb deterioration. • i • Lionshead Reinvestment Study February 2004 Photo 5 This is a photograph of handrail posts that have rusted through with concrete erosion on a mall stairway (concrete erosion is common and results from the freeze/thaw cycle that occurs along with snow cats that chip away ice and snow -and concrete - to clear walkways and roadways). Photo 6 Evidence of unscreened trash found in the Study Area. • • • Lionshead Reinvestment Study Photo 7 Evidence of settling sidewalks cracking in the Study Area. February 2004 Photo 8 Conflicts between delivery vehicles, motorists, and pedestrians often occurs at this site, and are exacerbated by the presence of snow and ice during the peak season. • • • Lionshead Reinvestment Study Photo 9 Inadequate and unsafe drainage pipe existing in a drive through area. February 2004 Photo 10 Poor drainage and cracked pavement. • • • Lionshead Reinvestment Study February 2004 Photo 11 Presence of trash, lack of site maintenance, and cracked pavement. Photo 12 Faulty street and lot layout of these two parcels (parking lot of public utility plant adjacent to a public maintenance facility parcel) requires an easement from the property owners of the right parcel to provide adequate street access to the parcel on the left. • • • Lionshead Reinvestment Study February 2004 Photo 13 Deteriorating walls of parking facilities (inside underground lot buckling walls due to hydrostatic pressure build up). Photo 14 This parking deck can not support the weight of a fire truck, which limits access to the building in the event of an emergency. • • Lionshead Reinvestment Study L'~1^i February 2004 Photo 15 Unpaved parking areas lead to environmental contamination due to fluids leaking from motor vehicles. Photo 16 Steep driveways become troublesome and potentially dangerous during the winter. • r~ • Lionshead Reinvestment Study 1~ February 2004 Photo 17 This turnaround has the potential for many pedestrian and vehicle conflicts that would only be exacerbated by increased visitation and icy conditions during the peak season. Photo 18 Faulty street layout adds to potential pedestrian/vehicle conflicts. • Lionshead Reinvestment Study February 2004 Photo 19 Lack of walkways increases risks for pedestrian and vehicle conflicts. A1TAC@,.s~~ 5 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, February 23, 2004 PROJECT ORIENTATION -Community Development Dept PUBLIC WELCOME 12:00 pm MEMBERS PRESENT John Schofield Erickson Shirley George Lamb Rollie Kjesbo Doug Cahill Gary Hartman Chas Bernhardt MEMBERS ABSENT Site Visits 1. The Ruins -1000 W. Frontage Road 2. VRDNaiI Gymnastics Facility - 551 N.~ Frontage Road West Driver. George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearinq -Town Council Chambers 2:00 pm 1. A request for a final review of a proposed amendment to the Town of Vail Official Zoning Map to .` _~ change the zoning of the West Vail Lodge Properties from Commercial Core 3 (CC3) to High Density Muftiple Family (HDMF), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Road/ Lots 1, 2, 3, and Tract C Vail Das Schone Filing 1 and Inn at West Vail Lot 1, Block A, Vail Das Schone Filing 3, in accordance with Section 12-3-7, Vail Town Code, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC, represented by Allison Ochs Planner. Matt Gennett MOTION: Cahill SECOND: Kjesbo VOTE: 7-0 TABLED TO MARCH 8, 2004 Matt Gannett stated that in order for.this proposal to proceed forward in any form other than that which is proposed, the applicant shall be required to submit a new application to the Community Development Department. The Commission requested that a very direct letter be forwarded to the applicant stating such requirement. 2. A request for a work session to discuss an application for a major amendment to Special Development District #4, Cascade Village, pursuant to Section 12-9A-10, Vail Town Code to allow for the adoption of a Development Plan for the development of a new multiple-family structure, Located at 1000 W. Frontage Rd./Cascade Village, Development Area A, and setting forth details in regard thereto. Applicant: Ramsey Flower and Greg Walton Planner. George Ruther MOTION: Cahill SECOND: Kjesbo TABLED TO MARCH 8, 2004 VOTE: 7-0 ;t TOWNOFY~ 3. A request for a final review of a conditional use permit, pursuant to section 12-9C-3, Vail Town Code, to allow for a public indoor community facility, located at 551 N. Frontage Road WestNaii Potato Patch, Red Sandstone Elementary School, and setting forth details in regard thereto. C _. ' . Applicant: VRD -Vail Gymnastics Facility, represented by Fritzlen Pierce Architects Planner. Matt Gannett MOTION: Cahill SECOND: Hartman VOTE: 7-0 APPROVED WITH THREE AMENDED CONDITIONS OF APPROVAL: 1. This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. s# paFk+~-eveFRew: ~. aRtl-~astiVitie6: =' ~+, 2. No parking of vehicles associated with the use of the gymnastic facility shall be allowed on the North Frontage Road. Failure to comply with this condition shall be grounds for revocation of the conditional use permit for the gymnastic facility 3. The hours of operation for the use of the gymnastic faciliiy shall not interfere with school . programs, parking, and activities. The terms for the use of the gymnastic facility shall be documented In an adopted Intergovernmental Agreement (IGA) by and between the • Eagle County School District, Vail Recreation District, and Town of Vail. Said Agreement shall be in place prior to the issuance of a Certiflcats of Occupancy for the facility. f". ' ~- ~ Matt Gannett made a presentation per the staff memorandum outlining the request. Staff recommended approval of the request with three conditions as outlined in the staff memorandum. The Commission expressed concern with three issues 1) hours of operation and conflicts with the school hours, 2) traffic circulation and parking, and 3) location of bus stop. Greg Moffat, speaking for the applicant, responded to the Commissions concerns. The Commission continued to investigate answers to their expressed concerns. Following discussion on the request, the Commission agreed that amendments to the proposed conditions were required. Upon discussion off the conditions, a motion for approval with amendments to the conditions was made. 4. A request for a recommendation to the Vaii Town Council that the Lionshead Public Facilities Development Plan is consistent with the Vail Comprehensive Plan. The specific description and area for the Lionshead Public Facilities Development Plan are in the Community Development Department. The general description includes that area north of Gore Creek, west of Middle Creek, east of Red Sandstone Creek and south of Interstate 70 in the Town of Vail. Russell Forrest made a presentation to the Commission describing the need for the Pian per the staff memorandum. Staff recommended that the Commission forwards a recommendation of approval of the Plan to the Vai! Town Council. Under public comment, Jim Lamont questioned uses of the TIF dollars and inconsistencies between zoning and covenants. Mr. Lamont expressed his support for the use of an urban renewal district to remove such inconsistencies when used to ensure compliance with community goals. The Commission questioned how the • determination was to be made on which covenants are °offending' and in need of removal. Several Commission members expressed reservations with regard to how the condemnation ~ proceedings will affect the development future of Lionshead with the main concern being the ability to condemn more "recenfly" established covenants. The Commission indicated that criteria for removal or considerations for evaluation be established to address which covenants should be eligible for consideration for removal. It was determined that if the removal of the 2 covenants furthered the goals of the town as documented in the adopted master plans, then removal should be allowed. The process of removal must include a public process for consideration. The Commission recommended that the use of condemnation powers of the Authority shall be limited to the removal of defunct, conflicting and obsolete covenants that inhibit the ability to implement the goats and objectives of the Town's master plan and adopted planning documents. The Commission made motion that: °That upon review of the proposed Lionshead Public Facilities Development Plan, the Planning and Environmental Commission finds that the plan, as proposed, is in conformity with the Town of Veil's comprehensive plan as stated in section VI of this memorandum. The Commission's determination of findings is based upon review of the criferia and the Testimony and evidence presented on this application.' Applicant: Vail Reinvestment Authority Planner. Russell Forrest MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-1(Shirley) 5. A request for a recommendation to the Vail Town Council that the P-38J Reinvestment Plan is consistent with the Vail Comprehensive Plan located at Lots P3 ~ J, Block 5A, Vail Village 5~' Filing. Russell Forrest made a presentation to the Commission describing the need for the Plan per the • staff memorandum. Staff recommended that the Commission forwards a recommendation of approval of the Plan to the Vail Town Council. The Commission discussed both Items 4 and 5 on the agenda concurrently. `` ~ ` The PEC found: "That upon review of the proposed P-3 8~ J Reinvestment Plan, the Planning and Environmental Commission finds that the plan, as prrlposed, is in conformity with the Town's comprehensive plan as stated in section VI of this memorandum. The Commission's determination of findings is based upon rtsview of the c-fteria and the testimony and evidence presented on this application." Applicant: Vail Reinvestment Authority Planner. Russell Forrest MOTION: Kjesbo SECOND: Cahill VOTE: 7-0 6. A request for a recommendation to the Vaii Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-10, Vail Town Code, to allow for amixed-use hotel; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional fee club; and a request for a necommendation to the Vail Town Council of a proposed rezoning of Lots 9A ~ 9C, Vail Village 2nd Filing from Public Accommodation (PA) zone district to High Density Multiple Family (HDMF) zone district, located at 28 S. Frontage Rd. and 13 Vail Road/Lots 9A8 9C, Vail Village 2nd Filing, and setting forth details in regard thereto. • Applicant; Nicollet Island Development Company Inc. ~. Planner. George Ruther MOTION: Cahill SECOND: Kjesbo VOTE: 7-0 TABLED TO MARCH 8, 2004 3 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vaii Lodge, to allow for the redevelopment of the Manor Vail ~-,. Lodge, and a request for a conditional use permit to allow for the construction of Type ill ~~ Employee Housing Units, pursuant to Section 12-8H-3, Vail Town Code, located at 595 Vail ;: Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner. Warren Campbell MOTION: Cahill SECOND: Kjesbo TABLED TO MARCH 8, 2004 11. Approval of minutes MOTION: Cahill SECOND: Hardpan 12, information Update • Irwin Variance Appeal 13. Adjournment MOTION: Kjesbo SECOND: Lamb VOTE: 7-0 VOTE: 7-0 VOTE: 7-0 The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- ,~ 2358, Telephone far the Hearing Impaired, for information. ~~,, Community Development Department Published, February 2D, 2004 in the Vaii Daily. ~_. 4 RESOLUTION NO. 12 Series of 2004 A RESOLUTION FOR APPROVING THE P-3 ~ J REINVESTMENT PLAN AND FINDING THAT THE P-3 8~ J URBAN RENEWAL AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE URBAN RENEWAL PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE TOWN OF VAIL. WHEREAS, an urban renewal plan for the P-3 & J Area has been submitted to the Town Council of the Town of Vail for appropriate action pursuant to Part 1 of Article 25 of Title 31, C.R.S.; and WHEREAS, the P-3 & J Area which is subject to the P-3 & J Reinvestment Plan is described in Figure 1 of the P-3 & J Reinvestment Plan; and WHEREAS, the Town Council of the Town of Vail adapted the Vail Village Master Plan and the Vail Village Streetscape Plans which are components of the Vail Comprehensive Plan, and . WHEREAS, the P-3 & J Reinvestment Plan has previously been submitted to the Town of Vail Planning and Environmental Commission for its review and recommendations as to conformity with the Vail Comprehensive Plan pursuant to C.R.S. §31-25-107(2); and WHEREAS, the Town of Vail Planning and Environmental Commission has determined that the P-3 & J Reinvestment Plan does conform to the Vail Comprehensive Plan; and WHEREAS, no property in the P-3 & J Urban Renewal Area has been included in an urban renewal plan previously submitted to the Town Council of the Town of Vail; and WHEREAS; the Town Clerk of the Town of Vail has published the notice of the time, place, and purpose of the public hearing to consider the adoption of the P-3 & J Reinvestment Plan in the Vail Daily in conformance with C.R.S. §31-25-107(3); and WHEREAS, the Town Council of the Town of Vail has provided written notice of the public hearing to consider the adoption of the P-3 & J Reinvestment Plan to property owners, residents, and business owners within the proposed P-3 & J Urban Renewal Area at their last known addresses in conformance with C.R.S. §31-25-107(4)(c); and WHEREAS, the Eagle County Commissioners have received notification of and copies of the P-3 & J Reinvestment Plan as well as such additional information as is required by C.R.S. §31-25-107(3.5); and WHEREAS, the Eagle County School District has received notification of and copies of • the P-3 & J Reinvestment Plan and has been given an opportunity to participate in an advisory capacity; and Resolution No. 12, Series of 2004 WHEREAS, no more than one hundred twenty days have passed since the commencement of the first public hearing of the urban renewal plan. WHEREAS, the Town Council of the Town of Vail has considered the P-3 & J Reinvestment Study prepared by URS Corporation and the proposed Lionshead Urban Renewal Plan; and WHEREAS the Vail Town Council believes that any condemnation by the Vail Reinvestment Authority should be undertaken with the concurrence of the owner of any fee interest to be condemned; and WHEREAS, Town Council of the Town of Vail has conducted a public hearing and considered the public testimony received. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL THAT: 1. Blight, as defined by C.R.S. §31-25-103(2), is present in the P-3 & J Urban Renewal Area as documented by the P-3 & J Reinvestment Study prepared by URS Corporation and based on evidence presented at the public hearing and as reflected in the P-3 & J Reinvestment Plan. The following blight factors are present in the P-3 & J Urban Renewal Area: Defective or unusual conditions of title rendering the title unmarketable. Restrictive covenants controlling uses on the certain properties and other conditions of title impair the redevelopment of key parcels in the Ptan Area. • 2. Pursuant to C.R.S. § 31-25-1-3(2)(I), the owners of Lots P-3 & J, Vail Associates Holdings, Ltd., and the Town of Vail, has advised the Town Council that it does not object to the designation of blight for the Plan Area based on the presence of one blight condition. 3. The P-3 & J Urban Renewal Area as shown in Figure 1 of the P-3 & J Reinvestment Plan is a blighted area and is appropriate for an urban renewal project pursuant to Part 1 of Article 25 of Title 31, C.R.S. 4. The boundaries of the P-3 & J Urban Renewal Area have been drawn as narrowly as feasible to accomplish the planning and development objectives for the P-3 & J Urban Renewal Area. 5. The P-3 & J Reinvestment Plan conforms to the Vail Comprehensive Plan, which is the general plan for the development of the Town of Vail. 6. There exist feasible methods for the relocation of individuals and families and business concerns in accommodations or areas suitable for their relocation and meeting the required standards under C.R.S. § 31-25-107 (4) (a) and (b). 7. The P-3 & J Reinvestment Plan will afford maximum opportunity, consistent with the sound needs of the Town of Vail as a whole; for the rehabilitation or redevelopment of the P-3 & J Plan area by private enterprise. 8. The acquisition, clearance, rehabilitation, conservation, development or • redevelopment or a combination thereof of the P-3 & J Urban Renewal Area pursuant to the P-3 Resolution No. t2, Series of 2004 2 8~ J Reinvestment Plan is necessary in the best interests of the public health, safety, morals, and welfare of the citizens of the Town of Vail. 9. The P-3 & J Reinvestment Plan is hereby approved. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of March, 2004. Rodney E. Slifer, Mayor Town of Vail • ATTEST: 1Q Ltirele' Donaldson, Resolution No. 12, Series of 2004 ~~~~~ Town Cterk, Town of Vail 3 P-3 & J REINVESTMENT PLAN VAIL REIN~lESTMENT AUTHORITY • MARCH 2004 Revised March 1S, 2004 • MllR159599.01 \466495.2 TABLE OF CONTENTS ~.;_ 1. INTRODUCTION ................................................................................................................ 1 1.1 Preface ........................................................................................................................ 1 1.2 Background ................................................................................................................. 1 1.3 Definitions ................................................................................................................... 1 2. LE GISLATIVE FINDINGS ................................................................................................... 2 2.1 Qualifying Conditions ................................................................................................... 2 2.2 Projects ....................................................................................................................... 2 2.3 Planning Approval ....................................................................................................... 2 2.4 Consultation ................................................................................................................ 2 2.5 Public Hearing ............................................................................................................. 3 2.6 Boundaries of the Plan Area ........................................................................................ 3 2.7 Other Findings ............................................................................................................. 3 3. DESCRIPTION OF PLAN OBJECTIVES ............................................................................ 4 4. PLAN IMPLEMENTATION ..................................................................................................4 4.1 Property Acquisition ....................................................................................................4 4.2 Relocation Assistance and Payments ..........................................................................~ 4.3 Redevelopment Agreements ....................................................................................... 4.4 tnteragencv Cooperation .............................................................................................5 5. MODIFICATIONS TO THIS PtAN ...................................................................................... 5 6. TERMINATION ................................................................................................................... 5 • Ml]R159599.011466495.2 1 P-3 ~ J REINVESTMENT PLAN March 2004 I. INTRODUCTION 1.1 Preface This P-3 8~ J Reinvestment Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA"} for adoption by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements of § 31-25-107, C.R.S., that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urban renewal project. The administration of this project and the enforcement and execution of this Plan shall be performed by VRA. 1.2 Background The site, commonly known as Lots P-3 & J, is located in the center of Vail Village, proximate to the Vail Village Base Area, across Hanson Ranch Road from the Christiania Lodge. The lots are owned by Vail Associates Holdings Ltd. ("Vail Associates"), and are currently used for parking. In addition, loading and other service related activities have been performed on portions of Lots P-3 & J and adjacent public rights-of--way. Loading and delivery at this site creates congestion and at times obstructs traffic. As part of the Vail Front Door Project, there is a need for the redevelopment of Lots P-3 & J to include a parking structure and public open space. The loading and other service related facilities will be moved to an underground loading and delivery facility west of the Vista Bahn ski lift. The benefits of the redevelopment of P-3 8 J include additional parking facilities in the Vail Village core area without additional surface parking, public open space on a portion of Lots P-3 8~ J which will be maintained by Vail Associates or its successors in interest, and the relocation of loading and other service related activities to locations better designed to handle such traffic, with a corresponding enhancement of pedestrian access adjacent to the site. Certain obsolete restrictive covenants cloud the title to Lots P-3 & J and prevent financing of the redevelopment as proposed. It is necessary to remove these obsolete restrictive covenants in order for the redevelopment to proceed. 1.3 Deflnitions Cooperation Agreement: Any agreement befinreen VRA and the Town of Vail or any other public body regarding action taken pursuant to any of the powers set forth in the Urban Renewal Law, or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by VRA under this Plan. Plan: This P-3 & J Reinvestment Plan as it may be modified from time to time. • MUR~59599.01 \466495.2 Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1, which has been found to be blighted and for which the undertaking of an urban renewal project is declared to be necessary. Redevelopment Agreement: An agreement between VRA and a developer or developers respecting the redevelopment or rehabilitation of property within the Plan Area. 2. LEGISLATIVE FINDINGS 2.1 Qualifying Conditions Based on the P-3 & J Reinvestment Study prepared by URS Corporation, dated February 2004, and evidence presented at the public hearing, the Town Council finds that there exists blight, as defined by § 31-25-103(2), C.R.S., in the Plan Area. The P-3 & J Reinvestment Study found that the following blight condition exists in the area: Defective or unusual conditions of title rendering the title unmarketable. Restrictive covenants controNing uses on the certain properties and other conditions of title impair the redevelopment of key parcels in the Plan Area. In many instances, covenant provisions conflict with or have been ignored by prior development. Pursuant to § 31-25-1-3(2)(I), the owner of Lats P-3 8 J, Vail Associates has advised the Town Council that it does not object to the designation of blight for the Plan Area based the presence of one blight condition. The Town Council finds that the presence of this factor substantially impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, constitutes an economic and social liability and is a menace to the public health, safety, morals and welfare of the Town of Vail. 2.2 Projects The Pfan Area is appropriate for one or more urban renewal projects and other undertakings of the VRA as authori2ed by the Urban Renewal Law. 2.3 Planning Approval The Town Council has adopted a general plan for the Town of Vail, known as the Vail Comprehensive Plan. The Planning and Environmental Commission met on February 23, 2004, and has submitted its written recommendation via a staff memorandum that the P-3 & J Reinvestment Plan is in conformity to the Vail Comprehensive Plan. 2.4 Consultation This Plan has been submitted to the Board of County Commissioners of Eagle County as required by the Urban Renewal Law. The Eagle County School District has been advised of this Plan and has been given an opportunity to provide comments. MUR159599.011466495.2 2 2.5 Public Hearing The Town Council of the Town of Vail has held a public hearing to consider this Plan after public notice thereof in compliance with the Urban Renewal Law in the Vail Daily, describing the time, date, and purpose of the public hearing, identifying the Plan Area and outlining the general scope of the projects being considered for implementation pursuant to this Plan. Pursuant to C.R.S. §31-25-107(3), notice of the public hearing was provided to owners, residents, and business owners in the Plan Area at their {ast known address at least 30 days before the date of the public hearing. 2.6 Boundaries of the Pian Area The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as feasible to accomplish the planning and development objectives of this Plan. 2.7 Other Findings 2.7.1 The property in the Plan Area is subject to restrictive covenant provisions from previous subdivisions of property in Vail. In many cases, the covenant provisions conflict with one another and in some cases have been ignored by existing development. These restrictive covenants create an impediment to the redevelopment of the property within the Plan Area, particularly the financing of improvements which are key to the • redevelopment of the Plan Area. VRA is authorized to use the power of eminent domain, with the consultation and concurrence of the owner of any fee interest to be condemned, to eliminate only those restrictive covenant provisions and other conditions of title which prevent redevelopment of properties within the Plan Area. 2.7.2 If it becomes necessary for individuals, families or businesses to relocate as a result of the implementation of this Plan, a feasible method exists for the relocation of individuals, families, and business concerns that may be displaced, insuring that decent, safe and sanitary dwelling accommodations and business locations can be made available. 2.7.3 The powers conferred by the Urban Renewal Law are for public uses and purposes for which public money may be expended and the police powers exercised, and this Plan is in the public interest and necessity, such finding being a matter of legislative determination by the Town Council. 2.7.4 This Plan will afford maximum opportunity, consistent with the sound needs of the Town as a whole, for the rehabilitation or redevelopment of the Plan Area by private enterprise. • MIJR\59599.01 \466495.2 ~, 3. DESCRIPTION OF PLAN OBJECTIVES ~~_ :: This Plan is an important toot to address the problems confronting the Vail Village area. The Plan helps to further the goals for the area previously outlined in the Vail Comprehensive Plan. The objectives for the Plan include the following: • Create a sense of place and an improved aesthetic character for Vail Village for both residents and guests. • Enhance the aesthetic appearance of the area to make it more appealing. • Improve pedestrian, bicycle, mass transit and auto accessibility and circulation. • Eliminate impediments to the redevelopment of key facilities within the Plan Area. • Upgrade and restore public infrastructure including transportation facilities, parking, sidewalks and streetscapes. 4. PLAN IMPLEMENTATION In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA shall be authorized to undertake the following activities: 4.1 Property Acquisition •~ The principal purpose of this Plan is the removal of legal impediments to the creation of public open space and to new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with new private investment. The power of eminent domain as authorized by the Urban Renewal Law may be utilized as VRA determines necessary to eliminate and remove those restrictive covenants and other conditions of title which interfere with new private investment, with the consent of the owner of any fee interest to be condemned. 4.2 Relocation Assistance and Payments In the event it is necessary to relocate or displace any business or other commercial establishments as a result of any property acquisition, VRA may adapt relocation policies for payment of relocation expenses. Such expenses may include moving expenses, actual direct losses of property for business concerns, and goodwill and lost profits that are reasonably related to relocation of the business, resulting from its displacement for which reimbursement or compensation is not otherwise made. ~.3 Redevelopment Agreements VRA is authorized to enter into one or more Redevelopment Agreements with developer(s) and such other entities as are determined by VRA to be necessary or desirable by VRA to carry out the purposes of this Plan. Such Redevelopment Agreements may contain such terms and provisions as shall be deemed necessary or appropriate by VRA for the purpose of undertaking the activities contemplated by this MUR159599.011466495.2 4 Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA, ~~ as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Urban Renewal Law. 4.4 Interagency Cooperation VRA may enter into one or more Cooperation Agreements with the Town of Vail or other public bodies pursuant to the Urban Renewal Law. Cooperation Agreements may provide, without limitation, for financing, for construction of public improvements, for administration, for technical assistance and for other purposes. 5. MODIFICATIONS TO THIS PLAN This Plan may be amended or modified pursuant to provision of the Urban Renewal Law as provided in § 31-25-107, C.R.S. Modifications to this Plan will require appropriate notification in accordance with the Urban Renewal Law, including submission to the Board of County Commissioners of Eagle County and written notice provided to all property owners, residents, and owners of businesses in the Plan Area not less than 30 days prior to the consideration of a substantial modification. 6. TERMINATION This Plan shall terminate and the designation of blight made herein shall terminate upon the elimination of those protective covenants and other conditions of title which impair . the redevelopment in the Plan Area. F:1UserslcdevlcounciMtemos1041march 152004.DOC • MUR~59599.01~466495.2 5 +,~ '. ~.~k .~ ~~ ~ IY •uyk •M .:fit 4.'~' f~ LSYYi.~~ prepared by: for: ~ TOW.VOF ' ' GiQO~eQ~4~Q~4 ~S4ad FInaI HeE February 2004 ~ FIGURE MUR\59599.1\4bbA95.2 t } -~.,~< ...o . • Town of Vail -Parcels P3 ~ J Reinvestment Study Tabie of Contents February 2004 1.0 Reinvestment Study Purpose ......................................................................................................1 2.0 Study Area Location and Definition .................................................................:......................... ..2 3.0 Study Area Description ............................................................................................................. ..5 4.0 Colorado Urban Renewal Law .................................................................................................. ..6 5.0 Conditions Contributing to a Finding of Blight ............................................................................ ..8 6.0 Field Survey Findings ................................................................................................................ 11 7.0 Summary of Findings ............................................................................................ .................... 13 Table of Exhibits Exhibit 1: Regional Context Map ............................................................................................................ 3 Exhibit 2: Study Area Map ..................................................................................................................... 4 Exhibit 3: Selected Study Area Photographs ........................................................................................14 woe UR.S • Town of Vail -Parcels P3 & J Reinvestment Study 1.0 Reinvestment Study Purpose February 2004 The purpose of this reinvestment study is to determine whether the Vail Parcels P3 ~ J Study Area ("Study Area") constitutes a "blighted area" within the meaning of Colorado Urban Renewal Law, and whether the Study Area should be recommended for such urban renewal efforts as the Town of Vail may deem appropriate to prevent further deterioration and blight. ,~ ' U'R_S Town of Vail -Parcels P3 8 J Reinvestment Study 2.0 Study Area Location and Definition Febroary 2004 The Vail Parcels P3 ~ J Study Area is located in the Town of Vail in the State of Colorado, roughly 100 miles west of Denver along Interstate 70 (see Exhibit 1: Regional Context Map). The Study Area is generally situated within the Vail Village part of the Town, approximately one-block west of Vail Valley Drive and immediately south of Gore Creek Drive and north of South Hanson Ranch Road (see Exhibit 2: Study Area Map). The Study Area is approximately one and a half acres in size and consists of 2 real estate parcels: Parcel P3 and Parcel J, and portions of the public right-of--way. ,aw~`oF~V 2 V iW • Town of Vail -Parcels P3 & J Reinvestment Study Colorado ra+n+'a~1 February 2004 l Exhibit 1: Regional Context Map Town of Vail -Parcels P3 & J Reinvestment Study February 2004 • Legend N Study Area Boundary Parcel Boundary • ~ryo~Y~ 4 V iW Exhibit 2: Study Area Map Town of Vall -Parcels P3 $ J Reinvestment Study February 2004 ~-~ 3.0 Study Area Description ~__. The Study Area is located in the Vail Village part of the Town of Vail. The site consists of two parcels and portions of the public right-of-way and totals approximately one and a half acres in area. The Study Area sits near the heart of Vail Village and is surrounded by mixed-use commercial and residential developments. Parcel P3 contains the western half of an asphalt parking lot and an adjacent strip of landscaped lawn. Parcel J contains the eastern half of the same parking lot and landscaping. Surrounding these two parcels on the north, west, and south sides is the public right-of- way for Gore Valley Drive, South Hanson Ranch Road, and a short north-south connector street. The zoning on both Parcels P3 and J is the Parking (P) zone designation. The land use on both Parcels P3 and J is "Village Master Plan." Both Parcels P3 and J are owned by Vaii Associates. The public right-of--way portion of the Study Area is owned by the Town of Vail. • ~, 5 URS Town of Vail -Parcels P3 & J Reinvestment Study February 2004 4.0 Colorado Urban Renewal Law .__ In the Colorado Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (the "Urban Renewal Law"), the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern...." Under the Urban Renewal Law, the term "blighted area" describes an area with an array of urban problems, including health and social deficiencies, and physical deterioration. See Colo. Rev. Stat. § 31-25-103(2). Before remedial action can be taken by a public agency, however, the Urban Renewal Law requires a finding by the appropriate governing body that an area such as the Study Area constitutes a blighted area. Id. § 107(1). The determination that an area constitutes a blighted area is a cumulative conclusion attributable to the presence of several physical, environmental, and social factors. Indeed, blight is attributable to a . - multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. For purposes of the study, the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: "`Blighted area' means an area that, in its present condition and use and, by reason of the presence of of least four of the following factors, substantial/y impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography; g. Detective or unusual conditions of title rendering the title non-marketable; h. The existence of conditions that endanger life or property by Lire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in; j. Environmental contamination of buildings or property; or k. Inadequate public improvements or utilities." 6 ~~ mw Town of Vail -Parcels P3 & J Reinvestment Study Second, the presence of one well-maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not on abuilding-by-building or parcel-by-parcel basis. Additionally, paragraph (l.} states, "if there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, `blighted area' also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k) of this subsection.... " Several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. "The definition of `blighted area' contained in [the Urban Renewal Law) is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." • C~ Third, an authority's "determination as to whether an area is blighted...is a legislative question and the scope of review by the judiciary is restricted." A court's role in reviewing such a blight determination is simply to verify independently if the conclusion is based upon factual evidence and consistent with the statutory definition. February 2004 URS was retained by the Town of Vail to perform an independent survey of the Study Area and to determine if it constitutes a blighted area under the Urban Renewal Law. Based upon the conditions existing in the Study Area, this study will make a recommendation as to whether the Study Area constitutes a blighted area. The actual determination itself remains the responsibility of the Town's legislative body. Each parcel was surveyed and evaluated to determine the level of blight within the parcel. When determining whether the Study Area is blighted, however, the entire Study Area was analyzed as a whole. w~ 7 L•11_^_i Town of Vail -Parcels P3 & J Reinvestment Study February 2004 5.0 Conditions Contributing to a Finding of Blight This section provides a detailed explanation of the type of site conditions that would contribute to the finding of blight for each of the eleven criteria established by Colorado statutes. Slum, Deteriorated, or Deteriorating Structures Field survey efforts examining this blight criterion focus on the general condition and level of deterioration of a building's exterior components, such as: • Exterior walls • Visible foundation • Fascia and soffits • Gutters and downspouts • Exterior finishes • Windows and doors • Exterior stairways and fire escapes • Loading dock areas • Fences, walls, and gates The examination of these structural elements is limited to a visual inspection of condition and not a detailed engineering or architectural analysis. The intent of this portion of the field survey is to identify obvious indications of disrepair and deterioration in the exterior of the structures found within the Study Area: Predominance of Defective or Inadequate Street Layout The analysis conducted for this blight criterion evaluates the effectiveness or adequacy of the streets that surround and penetrate the Study Area. Factors in this section include: • Poor vehicular access to buildings or sites • Poor internal vehicular circulation • Substandard driveway or curb cut definitions • Poor parking tot layout or access • The identification of deficiencies in these transportation-related areas is made through both observation in the field as well as through an analysis of Study Area site plan maps and the Study Area's overall integration with the surrounding transportation network. a~ 8 TJILS Town of Vail -Parcels P3 & J Reinvestment Study February 2004 Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness `-- This blight criterion requires an analysis of the Study Area with regard to its accessibility and usefulness as a developable or developed site. Conditions within this criterion include: • Faulty lot shape • Faulty lot layout • Inadequate lot size • Non-conforming or incompatible land use These factors take into consideration the position and orientation of Study Area structures to other structures (both in and out of the Study Area) as well as the shape, orientation, location, and size of parcels, and if these attributes would negatively impact the potential for development or redevelopment. The analysis is pertormed both through observation in the field and through an analysis of the Study Area site plan maps and the site plans of the adjacent real estate parcels. Unsanitary or Unsafe Conditions Field survey efforts within this blight criterion focus on the following factors: • Poorly {it or unlit areas Cracked or uneven surfaces for pedestrians Poor drainage or standing water Insufficient grading or steep slopes Presence of trash, debris, or weeds Presence of abandoned vehicles Presence of vagrants, vandalism, or graffiti The presence of these conditions indicate or can contribute to an environment that is unsanitary or unsafe, especially for pedestrians and children. Deterioration of Site or Other Improvements This section focuses on conditions that indicate the lack of general maintenance at a site or, through the presence of these factors, an environment that reduces a site's usefulness and desirability. • Presence of billboards • Deterioration of signage • Neglected, vacant or abandoned properties • Unscreened trash or mechanical equipment • Parking surtace and/or parking curb deterioration • General site maintenance problems • Lack of landscaping ,~~ 9 ~~ • Town of Vail -Parcels P3 R J Reinvestment Study Unusual Topography The focus in this section is on the presence of unusual topographical conditions, such as: • Steep slopes • Flood plains and wetlands • Rock outcroppings • Poor load-bearing soils Defective or Unusual Conditions of Title Rendering the Title Non-marketable This criterion, when it does apply, is usually known to exist at the commencement of the blight study. Situations that might be present that cloud the validity of a parcel's title, or tit{es containing obsolete or restrictive covenants that prevent or impair redevelopment, can adversely affect the marketability and desirability of a property. The Existence of Conditions that Endanger Life or Property by Fire and Other Causes The presence of the following factors can lead to the finding of blight within this criterion: • Buildings or sites inaccessible to fire and emergency vehicles • Blocked or poorly maintained fire and emergency access routes or frontages • Insufficient fire and emergency vehicle turning radii Buildings that are Unsafe or Unhealthy for Persons to Live or Work In Some of the conditions that can contribute to this blight criterion include: Poor structural design or construction Inadequate or improper installation of electrical, mechanical, or other utility components • Lack of sanitary water or sewer systems • Environmental Contarninatlon of Buildings or Property Factors evaluated in this section include the presence of hazardous substances, liquids, or gasses found within the soils, structures, water sources, or other sites within the Study Area. Inadequate Public Improvements or Utilities This section identifies key deficiencies in the public infrastructure system within the Study Area, including: February 2004 • Deterioration of street pavement, curb or gutter • Insufficient street lighting • Presence ofi overhead utilities • Lack of sidewalks 10 1; . Town of Vail -Parcels P3 8 J Reirnts~..ant Study 6.0 Field Survey Findings February 2004 The overall findings of the Vail Parcels P3 & J Study Area field survey are presented in this section. This evaluation is based on the analysis of data and field survey conducted in January of 2004. Slum, Deteriorated or Deteriorating Structures As there are no structures located with the Study Area, there is no evidence of blight under this criterion. Predominance of Defective or Inadequate Street Layout No evidence of defective or inadequate street layout was observed within the Study Area. Faulty Lot Layout No evidence of faulty lot layout was observed within the Study Area. Unsanitary or Unsafe Conditions At the time of the field survey in January 2004, the parking lot and adjacent streets in the Study Area were covered in ice and snow which presents a potentially unsafe environment for pedestrians. However, given Vail's location in a mountainous region that experiences significant snowfall during the winter months, this is not a situation unique to the Study Area and does not represent a condition that alone qualifies as evidence of blight under the "Unsanitary or Unsafe Conditions" criterion. Deterioration of Sfte or Other Improvements Minor evidence of deterioration of site or other improvements was found within the Study Area. A split rail wooden fence separates the parking lot from the condominium building to the east of Parcel J. A section of the fence rail had come loose and was observed lying on the ground at the time of the field survey. In an other example, a sign identifying the parking lot was bent and its surface weathered. Neither of these conditions, however, reflect a true deterioration of the site or evidence of a lack of general upkeep on the property. Both could be reasonably expected to occur given Vail's extreme winter environment, and both can be fixed through simple maintenance. The parking lot and the surrounding grounds are generally inwell-kept condition; therefore, it has been determined that these minor examples do not rise to a level necessary to consider the Study Area blighted under this criterion. Unusual Topography No evidence of unusual topography was observed within the Study Area. Defective or Unusual Conditions of Title Rendering the Title Non-marketable There does exist within the Study Area the presence of defective or unusual conditions of title rendering the title non-marketable. Both Parcels P3 and J have titles which contain several restrictive covenants • that dictate the nature and intensity of the uses allowed on the property. As a result of these covenants and the adverse conditions of title they create, the owners of these parcels are unable to redevelop ~~~ 11 '~ Town of Vail -Parcels P3 8 J Reinvestment Study their property to a higher or different use that would otherwise be possible or permissible. Consequently, the marketability of these parcels is significantly compromised. This situation creates not only an unreasonable financial disadvantage to the property owners, but to the Town of Vail and its citizens as well. Because of the adverse conditions of title that exist for Parcel P3 and for Parcel J, the sound growth of the Town is clearly impaired and, therefore, the public welfare is not served. This directly qualifies as a condition of blight as intended by the Colorado Urban Renewal statutes. The Existence of Conditions that Endanger Life or Property by Fire and Other Causes No evidence of conditions that endanger life or property by fire and other causes was observed within the Study Area. Buildings that are Unsafe or Unhealthy for Persons to Live or Work In As there are no buildings within the Study Area, there is no evidence of this blight criterion. Environmental Contamination of Buildings or Property No evidence of environmental contamination of buildings or property was observed within the Study Area. February 2004 Inadequate Public Improvements or Utilities No evidence of inadequate public improvements or utilities was observed within the Study Area. iDINY~YAB,V 12 ~; ~ Town of Vail -Parcels P3 8 J Reinvestment Study February 2004 - 7.0 Summary of Findings ,_ it is the conclusion and recommendation of this study that the Study Area, in its present condition and use, is a blighted area as defined in Colo. Rev. Stat. § 31-25-103(2). The conclusion and recommendation is based on the existence of the following blight condition found in the Study Area and described previously in Section 6.0: 1. Defective or Unusual Conditions of Tale Rendering the Title Non-marketable. There is direct knowledge anal evidence that the titles for the properties within the Study Area known as Parcel P3 and Parcel J contain several restrictive covenants that create an adverse condition of title that renders the titles non-marketable. As noted in Section 4.0, paragraph (l.) of the pertinent statute states, "if there is no objection by the property owner or owners and the tenanf or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, `blighted area' also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (aJ to (k) of this subsection...." The property owners of Parcel P3 and Parcel J and the Town of Vail do not object to a finding of blight for the Study Area or the inclusion of their property in an urban renewal area. Additionally, at least one of the eleven blight criteria identified in Section 103(2) of the Urban Renewal Law was identified within the Study Area. The conditions outlined in paragraph (L) have been met. Therefore, it is the finding of this study that the Study Area is blighted and, therefore, "substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare." While each of the two parcels and the public right-of-way portion of the Study Area were surveyed individually, it should be noted that the conclusion and recommendation of this study is based on the Study Area as a whole, and is not based on the conditions found on individual parcels. • 13 '~ mimot~ ` Town of Vail -Parcels P3 8 J Reinvestment Study Exhibit 3: Selected Study Area Photographs February 2004 14 '~ 1 • r _7 C N V) N C ~I N N U f6 a • 0 0 • N 7 i • 'D _7 C N N N C .~ N N U f0 a r ~ ~~~~~ ~ ~ ~ ~ ~ ~ ~ ~r ~~ . ~ " ~ , ~i ~!'~' F~ '4~ y~ y 44 ~~ ~i~~. °¢ ~ r ' 1j~ ~~ i 6, ~ M ! 1 M1 }f ~ ~ } 7 5 Y ~ ~'~ t k ` S.~ .P C Q~ E N N 7 C N N R a 0 0 r I ,~ . ~. '~ C d N N 7C .~ 06 M a ~~ 0 c 0 r f ';' ~~. ~,, 1 ~, ~~ ~ ~, t 'rraN i i ., • lV 7 J N LL. • •i O l"' ••~ • N J LL • N • • r J 0 c 3 0 H r N . RESOLUTION NO. 13 SERIES OF 2004 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AND DELIVER A PARTIAL TERMINATION OF PROTECTIVE COVENANTS, TO BE MADE WITH THE VAIL CORPORATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its Town Council and its Planning and Environmental Commission, have approved and adopted a rezoning and resubdivision of certain real property owned by The Vail Corporation and now legally platted as Forest Place Subdivision, according to the recorded plat thereof, which replatting and resubdivision allow for the development and use of that property for single-family residences; and WHEREAS, the aforesaid Forest Place Subdivision, and certain other parcels also owned by The Vail Corporation (collectively the "Property"), are subject of record to certain protective covenants set forth in an instrument recorded in the real property records for Eagle County, Colorado, on August 30, 1971, at Book 221, Page 498 (the "Covenants"), which Covenants conflict with single-family residential use, and may conflict with other desirable uses for the Property, and also provide that they may not be terminated or amended except by written consent of both Vail Associates, Inc. (now known as The Vail Corporation) and the Town of Vail; and • WHEREAS, the Covenants are contrary to applicable public land use policies, and should be removed as an impediment to those policies; and WHEREAS, the Town Council of the Town of Vail finds that the adoption of this Resolution No. 13, Series of 2004, is in the best interests of the Town of Vail and its citizenry. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby authorizes the Town Manager to execute and deliver a Partial Termination of Protective Covenants in such form and with such provisions as the Town Manager may deem necessary or appropriate, after consultation with the Town Attorney, for purposes of effectuating the termination of the Covenants as an encumbrance against the Property. 2. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby declares it would have passed this Resolution, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. 3. 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 the inhabitants thereof. • Resolution No. 13, Series of 2004 • 4. Bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED AND ADOPTED this 16~' day of March, 2004. ~~ ~ ~ Rodney E. Slifer, Mayor~Town of Vail ATTEST: ~' ~, .~, r} n ~relei~Donaldson, Town Clerk Resolution No. 13, Series of 2004 2 :~ •~ SEAL • .cO~....•~: ~ o~ ~ RESOLUTION NO. 14 SERIES OF 2004 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AND DELIVER AN INSTRUMENT TO ESTABLISH CERTAIN RESTRICTIVE COVENANTS LIMITING THE USE OF CERTAIN REAL PROPERTY OWNED BY THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its Town Council, has determined that there is sufficient community initiative and support for establishing recorded open space use restrictions against certain properties owned by the Town of Vail and conveyed to the Town of Vail by two deeds recorded in the real property records for Eagle County, Colorado, on July 17, 1984, at Book 389, Page 502, and on January 20, 2000, at Reception No. 720888 (the "Open Space Property"); and WHEREAS, a form of "Agreement Establishing Restrictive Covenants" (the "Agreement") is in the process of being prepared and drafted for purposes of establishing the pertinent open space use restrictions against the Open Space Property; and WHEREAS, the Town Council of the Town of Vail finds that the adoption of this Resolution No. 14, Series of 2004, is in the best interests of the Town of Vail and its citizenry. • NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby authorizes the Town Manager to execute, acknowledge and deliver, and then record, the Agreement with such terms and provisions as the Town Manager may deem necessary or appropriate, after consultation with the Town Attorney, and with the Agreement to be applicable to all or portions of the Open Space Property as deemed necessary or appropriate by the Town Manager, after consultation with the Town Attorney. 2. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby declares it would have passed this Resolution, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. 3. 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 the inhabitants thereof. 4. Bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. r~ Resolution 14, Series of 2004 INTRODUCED, READ, APPROVED AND ADOPTED this 16~h day of March, 2004. ~` Rodney E. Slifer, M~ror, Town of Vail • ATTEST: `.~.~~ ~~~~~~~~ Lbr~(ei D naldson, Resolution No. 14, Series of 2004 ~~ ~.P Town Clerk 2 l.. • /Y I Iillil lilli illlili it ilili Illillll Iliil Ill Iilll Iltl lilt Tzeea~ oii~ei~ is ~ zu ai' s.r. fi.a.r i ~1 T R 3i.N d 0.80 N 0.80 Earls CO -~~ 7~~ • QUiT CLAIM DEED ~ r"C ,,~,,~'~' S'f' T THIS DEED, Made this ~~ J day of 1lZC e He 6 er 199, between ..L.~. VAIL COAPORJITION, doing business as Vail Associates, Inc., a corporation duly organized and existing under and by virtue of the laws of the state of Colorado, Grantor, and TO~DT OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantee, whose legal address is 75 South Frontage Road West, Vail, Colorado 81657 „ ~~..~~88, That, the grantor, for and in consideration of the sum of TEN DOLLARS {$10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents dose remise, release, sell and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: Parcel 1. Tract H, Vail Village, Twelfth Filing, according to the recorded Plat thereof, County of Eagle, State of Colorado. Parcel 2. Tracts A, B, C and F, Vail Village, Eleventh Piling, according to the recorded plat thereof, County of Eagle, State of Colorado. Parcel 3,. Tracts A and D, Vail/Potato Patch, according to the •.~ recorded plat thereof, County of Eagle, State of Colorado. Parcel 4. The real property more particularly described on Exhibit A attached hereto and made a part hereof. E]CC3PT BQHJECT TO ~~ RSs~+~.ICTIONS 8!T PORTS Oft .r...sIHIT 8 ATTACHED ~..r~.i"1`O 11ND INCORPORi1.~ HSREIM, AND R88ERVINQ D'NTO 4RA~1TO~t THOSE Dix +..~8 88T 8ORTR ON 8XSIHIT C ATTA~.~ BEIt='PO ADTD ~.~~.O~tPORA~,~... 8SRlIN also knows by street and number as: vacant land TO S~11TS A'1aD TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use and benefit of the grantee, its successors and assigns forever. IN lPI..~~.88 R.:....a.8O8, The grantor has cawed is corporate name to be hereunto subscribed by its ~ n . or UTe c 1't~s ~ v.,"f` and its • ~•/ KT _D LC3 172.20.29.20 EGA 720888-2000.001 •" corporate seal to be hereunto affixed, the day and year first above written: .. ~ ~ f•r ';~ TSB VAIL CORPORATION ;,~ '. ~:. ° ,:~~, ` a Colorado corporat on :,,• ~ ~~. l,~l ~-k~ 1~ • ~ 1 • ~Liw.~ i 8 ~ y; .: ~ 5 .~ ,.:,. ~, ;;,~ ~• . ~ •~ Name : W ~ 11- a w. -q • .J~~^ ~^,:- , •"y~~ Title : ~,~.+.~..~.. til ~ c.,~ ti .~., .,~.v..r • ( ~ ~.~.J \• ~. s~TS ``oF coLOx~,no } des. COUNTY OF BAQLB } The fore Ding instrument wae~ acknowledged before m this 21f~ 199, by ae ~,.~q.u~ !~,",. of The ~, ,~ Drat on, a Colorado corporat of a, on be~al o such .~;•~~~po't'at n. .~ ~ ~ ,, • c Nty commiseioa expires l0 ~ Z 4 , ~O>pD . `~ `g ' ~ o~ ~•,, pV0 f~r+ Witn , my hand and official seal . ti, . •• ~, ,,SKATE ~~ d ..~_.. 7 Z • NN to~ai-y .Pub C itiii~i~i~~iiiurN1111111~tilll~l11111111111 ~i~~~ii~ Z~1 Rim. N °° e~~e N m ~ ~Nri: i ~ KLD LQ~ 172.20.29.20 Ed 720888-2000.002 r • EXHIBIT A (ATTACHED TO AND FORMING PART OF QUIT CLAIM }SEED F~RyOrM~ iris VAIL CORPORATION TO TOWN OF VAIL DATED ~C ~~- 4~Y--~~-J-+. Legal Description of Parcel 4 tattachedl i,~~~w~,m~~~~~u • ~KLD LG 1'72.20.29.20 EG 720888-2000.003 ~ ii uuiN~uniiwuir ~~~mi~aii ~ ...,.. a,~,e~,. ,.m (ATTACHED TO AND FORMINt3 PART OF QUI CLAZ DEED FROM THE VAIL CORPORATION TO TOWN OF VAIL DATED ~t C P.v-+ ~w' Z~~ • A3 USED HEREIN "PREMISES" SHALL MEAN THAT REAL PROrt~stTY DESCRIBED IN THE DEED.) I. RBSTRICTION$ 1. (a) Subject to existing uses as of the date hereof, matters of record and the Reservations set forth in Exhibit C hereof,'the Premises are restricted to the following uses: open apace, provided, however, that the following uses are permitted: public pedestrian access (including sidewalks, benches, trails, wetlands boardwalks, bridges, landscaping elements, retaining walls and other improvements con®istent with such use); utilities and appurtenance®f drainage and appurtenances; the construction, reconstruction, creation, installation, enhancement, enlargement and maintenance of wetlands, streams and water courses; recreation activities; and Signage relating to ski area operations and mountain activities, and further provided that, with respect to Parcel 3 of the Premises, communication equipment and appurtenances (and buildings containing such 'equipment), including but not limited to antennas, towers and other communication devices are also permitted. • (b) Notwithstanding the use restrictions set forth in Section 1. (a) of this Exhibit B and subject to the Reservations set forth in Exhibit C below, the Town of Vail may further restrict uses on `~ the Premiae~s. 2. Subject to existing uses as of the date hereof, parking of passenger vehicles (e. g., care, vans) is strictly prohibited on the Premises. 3. The Premises, and any use or rights of use thereof, shall not be conveyed, granted or transferred to another party without the express written consent of The Vail Corporation. 4. The Town of Vail shall not seek redress or claims against The Vail Corporation, and The Vail Corporation will not be liable, for any damage or injury to persons, land or improvements within or outside of the Premises caused by, arising from or resulting from high waters of any body of water, including running water, geologic and soils conditions, and other conditions of nature of the Premises. II. asv$RSxox Zf the Town of Vail does not comply with all the restrictions set forth in Part I of this Exhibit B, and, upon written notice from The Vail Corporation of a violation of restriction, and, after • 30 days the Town of Vail does not correct such violation, then the ~,. 3KLD LG 172.20.29.20 EG 720888-2000.005 • • i 1lilil !l111!lililili tiili 111l111i 11111111 l111!l1111111 726N6 01/26/Z066 12:21' 31! Sara Flakier PR~'ERTY DESCRIPTION 4 of 7 R 31.66 D 0.~ N 6.00 Easls CO An unplatted parcti of tend located in the N1/t of Stctton 7, Township S South. Range BO Hest of the Sixth Prtnctpol, which Is bounded on the north by Vntl/Ltonshend, Strand FllinQQ, and on the south by Yoll Yltlnpt -Third Pt~ttnp, according to tfis naps thtrsof recorded to the office of the Engple County, Colorado, Cterk anal Recorder, snid parcel of land destribtd ns foltows~ Inning nt the northeast corner of Lot 6, Block 3, sold Votl Vi toppet -Third Fillnp, which is olso the northwsst corner of lot 41, BleCk 7, Vntt Vltlapt yFirst Fittnpt thtnct4 the fotlowtnp two F~linps C1~N7Zh14~00{H 575.00E e~ Z) S38.1i~431'Ht673.40 Third ftet~, to the northwest corner of Lot S, Stock 4, snid Vntl Villaps - Third Filing, which Is also the Host northerly corner of Lot i, 81otk 2, Vatt Vtitappse, Sixth Ftltnppi thence, departing said northerly boundaryy, N03.08'3B'N 400.43 feet to the • southerly boundary of Tract 8, Voll/Llonshead StCOnd F1tlnpp~ thence the followtn ten coursss aloepp said southerly boundnry~ CI) N62.24'00'E 37.0 fsett t2) N34.34'00•E 78.00 fteti t3) Mii•34'00'E 252.00 fett~ t4) N64.2P'00'E 93.00 feed t5) N68.OS'00'E 123.00 feett t6> S73.36'00•E 186.00 ftett t7) N90.00.00'E 130.00 feet] t8) S49.36'00•E 833.00 fett~ t9) S86.4A'42'E 179.90 fsst~ C10) S19•S2.36'V 161.57 Peet <S19.19'SO'V 179.60 fset cnlculnted)~ to the point of beptnnlnp, contninlnp 6.308 acres, tort or less. Notes Bearings based on record call, Vatl/I.fonshend Second Flltnp. This description was prepared from the rtCOrdtd subaltvlsions which surround the parcel. Date. ~~~,,Z_-- Stan Hop dt - Colorado P.L.S. 26596 ~ 0. vin, / uoNS+uo. s~~., ~ ~~ FaiNa N !~'00'Od' E - 130.00 N OV34'0~ E - 72.00 N t3'24'Oa' t -37.00 • 1p •'`,~~ i f ..~t _ ~.` nor s 4 i e wt • ar s nor ~ PARCEL e.so3 ~cna N LOT t .... v~ vK,UOt, tMao ruNo zoo 0 d s atr4r~ t t7tttp ~„ w.~ ~~ w p~ N -.Q:O. wr s zoo 400 600 Fs~t 1 KLD LC3 172.20.29.20 EG 720888-2000.004 ~-IBIT C R888RVATIONB The Vail Corporation, for itself, its successors and assigns, hereby reserves perpetual non-exclusive easements on, over, under, across, above and through (i) the Premises for the uses set forth in Section 1 (a}of Exhibit B above and (ii) Parcel 4 of the Premises for the purposes of (y)accese (ingress and egress) by pedestrians, bicyclists, skiers, snowmobiles, snowcats, round fire maintenance vehicles, and other rneane of traverse consistent with recreation activities and maintenance on Vail Mountain, and (z) parking of such equipment and/or vehicles. The Vail Corporation, the Town of Vail and any public utility company shall not be responsible or liable for damage to or lose of any improvements existing on the Premises caused by or arising from exercise of easement rights reserved or set forth in this Exhibit C. ,4U~Pi,~?~,~,~!~~a~~u~ • LJ SKLD LC3 172.20.29.20 EG 720888-2000.007 • RESOLUTION NO. 15 SERIES, 2004 Resolution No. 15, a Resolution adopting the correct version of the CIRSA bylaws and intergovernmental agreement and repealing any and all resolutions inconsistent herewith. WHEREAS, the Town of Vail previously adopted the CIRSA Bylaws and Intergovernmental Agreement ("Agreement"), which constitute a contract to cooperate with other public entities to participate in aself-insurance pool; and WHEREAS, the Town of Vail has now been informed that the incorrect version of said Agreement was adopted due to a clerical error by CIRSA; and WHEREAS, the Town of Vail desires to correct said error by adopting the correct version of said Agreement herein; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF VAIL: The attached correct version of the Agreement is hereby approved, and the authorized signatories of the Town of Vail are herby authorized to execute the Agreement. • Any and all resolutions inconsistent herewith are hereby repealed, including specifically the original resolution adopting the incorrect version of the Agreement, except that participation in and coverage through CIRSA shall continue to take effect on the same day as was provided in said original resolution. A copy of this resolution and the executed correct version of the Agreement shall be transmitted to CIRSA at 3665 Cherry Creek North Drive, Denver CO 80209 2004. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of April, ~~~ '~;! S EALs °•., ATTEST: cOCORp.D~ '• ~~ r ~' ~ c D~ ~ ~ ~-~~~. ULore~i Donaldson, Town Clerk ~~~~ Rodney S'(ifer, Mayof, Town of Vail • ~. RESOLUTION NO. 16 Series of 2004 A RESOLUTION APPROVING THE P-3 DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION ("VAIL HOLDINGS"), WHICH AGREEMENT PERTAINS TO THE DEVELOPMENT AND RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL HOLDINGS IN RELATION TO THE DEVELOPMENT SITE OWNED BY VAIL HOLDINGS AND CONSISTING OF LOT P-3, VAIL VILLAGE FIFTH FILING, AND AN ADJACENT VACATED PORTION OF HANSON RANCH ROAD RIGHT-OF-WAY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town, acting through its applicable departments and agencies, including the Town Council, Planning and Environmental Commission, and Design Review Board, has previously approved a re-zoning to the Town's Parking (P) zone district, issued requisite conditional use permits, approved development plans and specifications, and approved a major subdivision plat (the "Plat") recorded March 17, 2004, at Reception No. 871030 (collectively the "Development Plans") in connection with Lot P-3, according to the Plat ("Lot P-3"), and WHEREAS, the Development Plans implement provisions in furtherance of the development of a subterranean parking structure to be complemented by ancillary surtace improvements, together with paved surtace parking, an open space/park area, and other ancillary or related uses (collectively the "Project") within Lot P-3 and a subterranean portion of the Hanson Ranch Road right-of-way (the "Vacation Area") vacated by Town Council by separate ordinance and to be described in the Agreement; and WHEREAS, the Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Holdings, as the owner of Lot P-3 and now the Vacation Area by virtue of its vacation, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project and the respective rights and responsibilities of the Town and Vail Holdings in connection with those matters; and WHEREAS, the approval of the Agreement is necessary and proper for the health, safety and welfare of the Town and its inhabitants; and WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Resolutlon No. 16, Series of 2004 Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers necessary or appropriate in furtherance of this Resolution. Section 2. 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 the inhabitants thereof. INTRODUCED, READ, APPROVED AND ADOP~TE~D this 20~~'~daoy of April, 2004. Rodney E. Slifer, ~ Mayor, Town of Vail ATTEST; ~- / /~ n Lorelei naldson, ' Town Clerk, Town of Vail - 7jN~0 F. V';a/~ ~ ; '•. L A ' S~ :, ;~ ~~o~oaP~ Resolutlon No. 16, Series of 2004 2 • RESOLUTION NO. 17 SERIES OF 2004 A RESOLUTION OF THE TOWN OF VAIL AUTHORIZING THE EXECUTION AND DELIVERY ON ITS BEHALF OF THE L{ONSHEAD REINVESTMENT AGREEMENT, TO BE MADE OTHERWISE BETWEEN THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., AND THE VAIL REINVESTMENT AUTHORITY IN FURTHERANCE OF PERMITTING THE ACQUISITION BY THE VAIL REINVESTMENT AUTHORITY OF CERTAIN PROPERTIES IN THE LIONSHEAD AREA OF THE TOWN OF VAIL BY POWER OF EMINENT DOMAIN. WHEREAS, the Town Council of the Town of Vail adopted the Lionshead Public Facilities Development Plan on March 16, 2004; and WHEREAS, the Lionshead Public Facilities Development Plan (the "Plan") authorizes actions by the Vai{ Reinvestment Authority to redevelop the area designated as the Lionshead Reinvestment Area; and WHEREAS, redevelopment of the Lionshead Reinvestment Area (the "Project") is necessary to alleviate those conditions of blight found in the Lionshead Reinvestment Study; and WHEREAS, acquisition by the Vail Reinvestment Authority of certain properties owned by the Town of Vail described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the "Properties") is necessary for the completion of said Project; and • WHEREAS, in order to properly initiate any necessary eminent domain proceedings to acquire the Properties, the Vail Reinvestment Authority must, under the terms of the Plan, secure the consent of the Town; and WHEREAS, in furtherance of securing such consents, the Vail Reinvestment Authority has negotiated with the Town and Vail Associates, Inc. (the owner of other properties that must be acquired), the Lionshead Reinvestment Agreement, to be made between the Vail Reinvestment Authority and Vail Associates as the primary parties (the uAgreement"), and relating to such eminent domain proceedings, and including, among other things, the Town of Vail's joinder to give its requisite consent; and WHEREAS, the Town of Vail has determined to authorize the execution and delivery of the Agreement on its behalf; and WHEREAS, the Town Council of the Town of Vail finds that the adoption of this Resolution No. 17, Series of 2004, is in the best interests of the Town of Vail and its citizenry. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby authorizes the Town Manager and/or the Mayor, acting singularly, to execute, acknowledge and deliver the Agreement on behalf of and as the act of the Town of Vail, in a form substantially in conformance with Exhibit B attached hereto. 625426.1 RCFISH :i • 2. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby declares it would have passed this Resolution, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. 3. 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 the inhabitants thereof. 4. Bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of August, 2004. ~~ Rodney Slifer, Mayor, T n`of Vail • ATTEST: -f~/~'' - o~el 'Donaldson, Town Clerk, Town of Vail • 625426.1 RCFISH 2 ~~F.~q~ .• ~,~ • CJ ., .. •~'V`~ 1 • EXHIBIT A LEGAL DESCRIPTION OF TOWN PROPERTIES .7 Those portions of Tract C, Vail/Lionshead First Filing, and Tract C, Vail/Lionshead Third Filing, according to the recorded plats thereof, conveyed to the Town of Vail by deeds recorded on August 16, 1991, at Book 560, Page 180 and on July 17, 1984, at Book 389, Page 502; and Tract A, Vail/Lionshead Third Filing, according to the recorded plat thereof. 625426.1 RCFISH A-1 . Lionshead Reinvestment Agreement THIS LIONSHEAD REINVESTMENT AGREEMENT ("Agreement") is made as of the day of 2004, by and between VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the "Authority"), and THE VAIL CORPORATION d/b/a VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"), and VAMHC, INC., a Colorado corporation (together and in the singular the "Owner(s)," which terms will include their respective successors and assigns). Recitals: A. The Authority is a body corporate and has been duly created, organized, established and authorized to exercise its powers as an urban renewal authority within the Town of Vail, Colorado ("Town"), all under and pursuant to the Colorado Urban Renewal Law, C.R.S. § 31-25-101 et seq. (the "Act"). B. An urban renewal plan, entitled the "Lionshead Public Facilities Development Plan," and also referred to as the "Lionshead Public Facilities Investment Plan," was duly and regularly approved by the Town Council of the Town pursuant to a hearing held and action taken by Resolution No. 11, Series of 2004, on March 16, 2004 (as from time to time amended in accordance with the Act, the "Plan"). C. The Plan, inter alia, authorizes actions by the Authori in furtherance of _ ty the redevelopment of the site owned in fee by Vail Associates and legally described on Exhibit A attached hereto and commonly referred to as the Lionshead "Core" (the "Core Property"), and also the redevelopment of a portion of what is commonly known as the "West Day Lot," which portion is legally described on Exhibit B hereto, is owned by the Owners, and lies proximate to Gore Creek (the "Gore Creek Property"). The Core Property and Gore Creek Property may each be sometimes referred to hereinafter as a "Property," and they may sometimes be referred to hereinafter together as the "Properties." The term "Owners" when used herein shall be construed to mean, in reference to each Property, only the owner or owners of that particular Property, it being intended that the provisions, agreements, rights and obligations hereunder attendant pertaining or attendant to that particular Property shall inure to and bind only the owner or owners of that Property. D. Portions of the Core Property described on Exhibit C attached hereto (the "Town Properties") are owned in fee by the Town, and the Town, as hereinafter set forth, has executed and joined in this Agreement for certain purposes in relation to the Town Properties. (References herein to the Core Property will include the Town Properties unless such inclusion is contextually inappropriate in any given instance.) E. Vail Associates is proposing to redevelop the Core Property as a mixed- use project (the "Core Project"), which may include, without limitation, residential • condominium and/or other multi-family units; public accommodations, including hotel and/or lodge uses; commercial retail uses, including, without limitation, restaurants, coffee shops and MUR\59599.01\481474.1 . ~ e,~' other eating and drinking establishments; public and recreational uses and structures, including, without limitation, an outdoor skating rink, open plaza and other areas allowing for recreational or entertainment activities and amenities, and ski clubs or similar associations or operations related to sporting, recreational or outdoor activities; parking facilities and uses; and other uses, improvements and facilities ancillary, incidental or related to any of the foregoing, including, without limitation, pedestrian and vehicular access ways and facilities, and loading/delivery facilities. In furtherance of the Core Project, Vail Associates is in the process of securing various devel~rL~ent approvals from the Town that are requisite to undertaking the Core Project, and in that regard has submitted, for review and approval by the .Town's Planning and Environmental Commission, design devel.,r.x.ent plans for the Core Project, entitled "Lionshead Core Area Redevelopment," prepared by 42/40 Architecture, Project No. 20826.02, and dated as of June 7, 2004 (the "Core Design Plans"). F. The Owners are proposing to redevelop the Gore Creek Property as a multi-family residential project, comprised of sixteen (16) residential units in what is essentially a duplex townhome configuration, which project is presently planned to be developed and marketed under the trade name "Gore Creek Place" (the "Gore Creek Project"). In furtherance of the Gore Creek Project, the Owners have secured various development and planning approvals from the Town that are requisite to undertaking the Gore Creek Project, and is in the process of pursuing final building permit approval for proceeding with the construction of the Gore Creek Project. The Gore Creek Project and the Core Project • are sometimes referred to hereinafter collectively and in the singular as the "Project(s)." G. The undertaking of each Project remains subject in each case to the making of a devel„r...ent agreement between the Town and the Owners (in each case the "Development Agreement"), which may establish, among other things, development commitments that are satisfactory to the Town. H. The Properties are encumbered by certain use restrictions and other limitations arising under (i) the Protective Covenants for Vail Village, Second Filing, as originally recorded in the real property records for Eagle County, Colorado (the "Records") on Ianuary 9, 1963, at Book 174, Page 431, and as amended by instrument recorded in the Records on August 27, 1964, at Book 183, Page 239; (ii) the Protective Covenants for Vail/Lionshead, First Filing, as originally recorded in the Records on May 18, 1970, at Book 217, Page 675, and as amended by instrument recorded in the Records on August 39, 1971, at Book 221, Page 498; and (iii) the Protective Covenants for Vail/Lionshead, Third Filing, as originally recorded in the Records on October 15, 1971, at Book 221, Page 991, and as amended by instrument recorded in the Records on August 12, 1977, at Book 258, Page 453 (collectively, the "Covenants"). The Covenants contain use restrictions and other limiting provisions that may proscribe or conflict with the development of the Projects on the Properties. I. Pursuant to the Plan and the Act, the Authority has the power of eminent • domain to acquire and convey to the Owners or either of them, or another qualified purchaser, each of the Properties at fair value. In furtherance of the Plan, the Authority intends to MUR\59599.01 \481474'.1 2 • exercise its eminent domain powers to acquire the Properties for purposes of extinguishing and removing the Covenants as obstructions to the Projects. J. Under the terms of the Plan, the Authority may exercise its powers of eminent domain only with the consent of the owner of any fee interest to be condemned. The Owners have determined to provide their consent pursuant to the terms of this Agreement (which consent is supplemented by the joinder of the Town as hereinafter set forth). K. It is anticipated that the Town will further amend and supplement the Plan to authorize and implement tax increment financing (the "TIF"), as authorized under the Act, for undertaking various projects of public infrastructure within the Lionshead area of the Town. In furtherance thereof, it is also contemplated by the Authority and the Owners that this Agreement will be subsequently amended, on terms and conditions mutually agreed upon by the parties, to institute development commitments for undertaking the Projects and thereby furnishing a future fmancial basis for supporting the TIF debt service. NOW, THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Authority's Acquisition Efforts. • (a) The Authority will offer to purchase the unencumbered fee interest, free of all covenants and restrictions, (i) in the Core Property from Vail Associates for a total compensation of $78,700,000, and (ii) in the Gore Creek Property from the Owners for a total compensation of $30,500,000 (in each case the applicable "Offer Price"). In the event that the Owners reject the Authority's offer or aze unable to convey unencumbered fee title to the applicable Property free of all covenants and restrictions, the Authority will commence an eminent domain proceeding in Eagle County District Court (the "District Court") to acquire fee title to the applicable Property and will prosecute such proceeding to completion using all good faith efforts (together and in the singulaz the "Eminent Domain Proceeding(s)"). To the extent an F*n~nent Domain Proceeding must be undertaken for either Property, it shall be commenced and prosecuted sepazately from any Eminent Domain Proceeding for the other Property. The Authority will use good faith efforts to commence any such Eminent Domain Proceeding by not later than August 16, 2004, and to obtain an order vesting title to the applicable Property in the Authority, free and clear of the Covenants, but subject to and without condemning those title interests reflected on Exhibit D-1 hereto for the Core Property and on Exhibit D-2 hereto for the Gore Creek Property (in each case the "Remaining Exceptions"). (b) The Authority specifically acknowledges and agrees, without limitation, that the Remaining Exceptions, as reflected on Exhibits D-1 and D-2, will include any easements heretofore or hereafter granted by or made with or for the • benefit of the Owners and burdening and/or benefiting the applicable Property, or any MUR\59599.01\481474.1 3 portion thereof, and any agreements and provisions thereunder. Such easements may include, without limitation, an exclusive easement for development, use and enjoyment encumbering the portion of the Gore Creek Property described as Pazcel 2 on Exhibit B hereto and constituting an appurtenance to the development site to the north thereof commonly known as the "West Day Lot." (c) Nothing in this Agreement will be construed as prohibiting or infringing upon the Authority's ability to exercise its lawful power of eminent domain with respect to any property other than the Properties. (d) The Authority shall not request or receive a final rule and order in an Eminent Domain Proceeding vesting title to either Property in the Authority prior to the selection of a successful "Respondent" pursuant to the resale procedure set forth in paragraph 4 below. In addition, the Authority at its election may refrain from requesting such final rule and order until the Town and the Owners have made the Development Agreement for the applicable Property. The Owners will have the right to join in the motion for the final rule and order. (e) If the Authority is successful in securing a final rule and order in the applicable Eminent Domain Proceeding, but subsequently the adjudication in the Eminent Domain Proceeding becomes the subject of appeal or is contested by a claim brought in another third-party proceeding, then upon the request and at the election of • Vail Associates, the Authority will defend any such appeal or claim in good faith and in consultation with Vail Associates. Such defense, if undertaken, may be terminated at any time at Vail Associates' election upon written notice to the Authority, in which case the Authority will make appropriate pleadings in the applicable action to terminate the defense of the appeal or claim. The costs and expenses incurred by the Authority in furnishing any such defense shall constitute part of the Eminent Domain Costs (as hereinafter defined), and the same shall be a payment obligation reimbursable by Vail Associates in accordance with the terms hereof applicable to the Eminent Domain Costs. The respective rights and obligations of the parties under this paragraph (e) will survive any termination of this Agreement. 2. Disclaimer. The Authority makes no representation or warranty that it will prevail in any Eminent Domain Proceeding; provided, however, that nothing in this paragraph will negate or impair the Authority's obligations under the other provisions of this Agreement in connection with any Eminent Domain Proceeding. Notwithstanding any other provision of this Agreement to the contrary, Owners will not be liable to the Authority or any other party for any Eminent Domain Costs or any other costs, expenses, judgments, damages or liabilities arising from any act, omission or conduct of the Authority which is in violation of the Authority's obligations under this Agreement. 3. Stipulation. In any Eminent Domain Proceeding, the Owners and the • Authority will mutually stipulate to the District Court that the Owners, by virtue of this Agreement, are receiving adequate credit and protection from the Authority for securing the MUR\59599.01\481474,1 4 • payment to the Owners of any compensation adjudicated in favor of the Owners in the Eminent Domain Proceeding, and, as necessary, will correspondingly waive rights to receive that adjudicated c.....Yensation from the District Court pursuant to C.R.S. § 38-1-112, provided the payment of the same into the District Court is not required. If, notwithstanding such stipulation, the District Court requires that such compensation be deposited in its registry, then the Owners will pay the same as part of the Eminent Domain Costs (hereinafter defined). The parties will also stipulate in the Eminent Domain Proceeding that the fair mazket value of the applicable Property equals the applicable Offer Price for purposes of obviating any need for appraisals. 4. Resale Procedure. (a) Upon initiation of any Eminent Domain Proceeding, the Authority will forthwith, in accordance with C.R.S. § 31-25-106(2), invite proposals for the acquisition and redevel~,~,..~ent of the applicable Property, which proposals must be submitted within two (2) weeks after the date of the publication of the invitation for proposals, and Promptly make a determination of a qualified proposal that it will accept. In order to qualify for acceptance and approval of the Authority, any responsive proposal must demonstrate that the party responding as the proposed purchaser (the "Respondent") satisfies the following conditions (the "Qualification Conditions"): . (i) The Respondent (by itself or together with its affiliates) must have first-class experience and expertise in developing and operating premier ski resorts and associated hotel/lodging accommodations and real estate devel~r..~ents in the State of Colorado, and preferably in the Vail Valley. (ii) The Respondent and/or its affiliates maintain significant business ties in the Town of Vail, including an active ongoing business that is not limited to real property ownership, devel.,Y~~~ent and/or management, and own other development projects or sites within the Town. (iii) The Respondent must make commitments or assurances satisfactory to the Authority for undertaking the applicable Project. (iv) With respect to the Core Property, it is essential to the public interests of the Town, and to Vail Associates and/or its affiliates as the owner and operator of the skiing and other operations on Vail Mountain, that those existing improvements and facilities in the Core Property which support or relate to skiing and other recreational operations and uses of Vail Mountain (the "Recreational Facilities") be preserved in the redevelopment process for the use and benefit of Vail Associates and its affiliates; that associated employee housing and office uses not be adversely disrupted during the redevelopment • process; and that the Core Project as ultimately developed will be compatible with and further facilitate the Town's standing as a preeminent (if not the MUR\59599.01\481474.1 5 • Owners' ownership interests in the applicable Property, Vail Associates, as a Respondent, will receive full credit for the applicable Offer Price; in addition, if a proposal from athird-party Respondent is accepted, the resulting Purchase Price thus paid by the third party Respondent will be immediately remitted to the Owners by the Authority upon acceptance of the third party proposal (and this obligation of the Authority will survive any termination of this Agreement). VAMHC, Inc. hereby irrevocably and unconditionally authorizes Vail Associates to act on its behalf as a Respondent in the resale procedure for. the Gore Creek Property, irrevocably assigns to Vail Associates exclusive authority in that regard, and further irrevocably assigns to Vail Associates all right to use and enjoy the credit in favor of the Owners based on the Offer Price for the Gore Creek Property, as such credit is established under the foregoing provision. (b) Each Property, as separately described on Exhibit A and Exhibit B hereto, must be conveyed by the Authority as a whole. In no event may the Authority convey the applicable Property, or any interests therein, to any third party Respondent unless (i) the Respondent has provided development commitments or assurances for the applicable Property that in economic and monetary value are at least equal to the commitments and assurances put forth by Vail Associates as a Respondent, (ii) the requisite Purchase Price is paid in cash to the Owners as set forth above, and (iii) the Qualification Conditions are otherwise satisfied for that Respondent. However, and as required by the Town's joinder to this Agreement, the Town Properties, if acquired by the Authority, will be reconveyed by the Authority to the Town, without any compensation to the Owners, but after the recording by the Authority of the applicable new covenants referenced in paragraph 9(a) hereof. With respect to the Qualification Conditions as applied to Vail Associates: (i) The Authority acknowledges and agrees that Vail Associates satisfies all of the Qualification Conditions under paragraphs 4(a)(i) and 4(a)(ii) above. (ii) The Qualification Condition under paragraph 4(a)(iii) above will in any event be satisfied for Vail Associates by the pertinent terms of the Development Agreement(s), as applicable, when the same are made. (c) Following the Authority's acquisition of title to the applicable Property, and again provided that Vail Associates is the successful Respondent, then Vail Associates shall have (and the Authority hereby grants Vail Associates) a license to enter upon and occupy the applicable Property for undertaking development and redevelopment activities, and also for continuing historical operations and uses. This license is and shall be irrevocable and coupled with an interest, and no compensation will be payable to the Authority for such license. Without limitation on the generality • of the foregoing, the Authority specifically acknowledges and agrees that Vail Associates will have the right to sublicense portions of the applicable Property to permit MUR\59599.01\481474.1 '] . entry into the applicable Property in furtherance of development and redevel~ruent functions to be undertaken by contractors or other parties acting by, through or under Vail Associates. The Authority also acknowledges that Vail Associates and its affiliates may intend to continue with historical uses and operations on the applicable Property, and also initiate redevelopment activities thereon, before the Authority's acquisition of title, and to that end the Authority agrees that it will not, in the applicable Eminent Domain Proceeding, obtain or seek to obtain possession of the applicable Property before the entry and recording of the rule and order vesting title. This paragraph (c) shall not apply to the Town Properties. 5. Eminent Domain Costs. The Owners will reimburse the Authority for all reasonable costs and expenses incurred by the Authority during the term of this Agreement in any Eminent Domain Proceeding for the applicable Property, including attorneys' fees, court fees and charges, travel costs, reimbursable respondent costs (if any), and any amounts required to be deposited with the District Court (collectively "Eminent Domain Costs"). Such reimbursement will be made by the Owners within thirty (30) days after receipt of an invoice therefor from the Authority, which invoice must be supported by paid receipts and other documentation reasonably substantiating the applicable sums incurred and subject to reimbursement. However, in the case of any amounts required to be deposited with the District Court in connection with the applicable Eminent Domain Proceeding, the Owners will make such reimbursement within any shorter period of time that such deposit is required by the • District Court. Notwithstanding any implications to the contrary in the foregoing provisions, the Owners will not be obligated to reimburse, and will not have any liability for, any Eminent Domain Costs which are incurred by the Authority as a result of or in connection with any violation of the Authority's obligations under this Agreement. 6. Consent. As required by the Plan, the Owners hereby consent to the condemnations by the Authority of the Owners' fee interests in the Properties, provided such condemnations must be undertaken in accordance with the terms, conditions and provisions of this Agreement. The Authority acknowledges and agrees that the Owners have not otherwise furnished such consent. Upon any termination of this Agreement, at Vail Associates' election this consent will become null and void. 7. Resection of Vail Associates. If a third party other than Vail Associates is accepted by the Authority as the successful Respondent to acquire either Property pursuant to paragraph 4 above, the Authority will, within thirty (30) days after such acceptance, reimburse the Owners for all monies previously advanced by them under this Agreement, including, without limitation, the Eminent Domain Costs and any and all amounts deposited with the District Court (except to the extent those deposited amounts are remitted directly to the Owners), together with interest on all such amounts from the date advanced by the Owners to the date reimbursed by the Authority at the prime rate of interest then in effect, as announced from time to time by the Wall Street Journal, plus 2 % per annum. In addition, any obligations of Vail Associates under this Agreement that would otherwise accrue in relation to • the applicable Property will cease and be of no further force or effect upon the acceptance of such third party. MUR\59599.01\481474.1 $ • 8. Condition of Title. If Vail Associates is accepted by the Authority as the successful Respondent pursuant to paragraph 4 above, the Authority will provide to Vail Associates, at Vail Associates' expense, a current title insurance commitment for insuring title to the applicable Property in Vail Associates (the "Title Commitment"), to be issued by Land Title Guarantee Company, from its offices in Vail, Colorado, and on its own behalf and as agent for Chicago Title Insurance Company (the "Title Company"). The Title Commitment will provide for insurance in the amount of the applicable Offer Price set forth in this Agreement and will commit the Title Company to issue a 1992 extended coverage ALTA Owner's Title Policy in favor of Vail Associates as the insured, subject only to general real property taxes not yet due and payable, the Remaining Exceptions, and any other title matters within the "Permitted Exceptions" hereinafter defined (the "Title Policy"). 9. Closin¢,. If Vail Associates is accepted by the Authority as the successful Respondent for either Property pursuant to paragraph 4 above, then the Authority and Vail Associates will proceed to conduct a closing for Vail Associates' acquisition of the applicable Property from the Authority (the "Closing"} on a mutually agreeable date not mare than ten (10) days after completion of the corresponding Eminent Domain Proceeding by the District Court's entry of the final rule and order therein. The Closing will be conducted through the Title Company, at its Vail, Colorado office. The Title Company will furnish all requisite closing and escrow services for the completion of the Closing, and all required Closing deliveries will be made by depositing the same with the Title Company. At Closing, the following will occur, each being a condition precedent to the others and all being • considered as occurring simultaneously: (a) The Authority will duly execute, acknowledge and deliver a special warranty deed (the "Deed") conveying the applicable Property to Vail Associates, with a warranty of title that the applicable Property is free and clear of any liens, encumbrances or other title matters arising by, through or under the Authority, subject only to the Remaining Exceptions for the applicable Property, real property taxes and assessments for the year of Closing and subsequent years not yet due and payable as of Closing, and new restrictive covenants attached hereto as Exhibit E-1 for the Core Property and Exhibit E-2 for the Gore Creek Property (collectively the "Permitted Exceptions"). (b) Vail Associates will receive full credit for the Offer Price, as set forth in paragraph 4(a)(v) above, and will not be required to pay the Offer Price to the Authority. Any prior deposit by the Owners into the registry of the District Court of the compensation owing to the Owners in connection with the Eminent Domain Proceeding, as set forth in paragraph 3 above, will be and remain payable solely to the Owners. (c) The parties will execute settlement sheets (including customary prorations in accordance with local practice for commercial property transactions) and • such other closing agreements and documents as may be necessary or appropriate to complete the Closing in accordance with prevailing Colorado real estate practices for MUR\59599.01\481474.1 9 • acquisitions of commercial properties, and as otherwise may be required to implement and carry out the intent of this Agreement. (d) The Title Company will record the Deed in the Records. Vail Associates will pay for the cost of such recording, but no documentary fee shall be payable because, as provided by statute, the consideration changing hands is less than $500 (and the face of the Deed will recite the foregoing). (e) The Authority will cause the Title Company to issue the Title Policy to Vail Associates, or to commit unconditionally to so issue the Title Policy promptly following Closing. Vail Associates, at its sole election, may waive any specific portion of the Closing requirements under this pazagraph 9, provided that such waiver shall be effective only to the extent set forth in a written instrument executed by Vail Associates. 10. Development Undertakings. Provided that it is the successful Respondent and pursuant thereto reacquires both Properties, Vail Associates agrees that it will exercise commercially reasonable efforts in the ordinary course of business to commence construction of the Core Project within or prior to the construction season for calendaz yeaz 2008, subject to such terms and conditions as may be established by the parties under the provisions of the Development Agreement for Gore Creek Property (Gore Creek Property Development • Agreement"). As security for this obligation for undertaking the Core Project, Vail Associates will furnish the Town with a financial commitment in the amount of $3,000,000, with enforcement of that commitment to be the Town's and the Authority's sole remedy for any failure of such obligation. To supplement this obligation for the undertaking of the Core Project, Vail Associates, upon commencing the Gore Creek Project, will exercise commercially reasonable efforts to undertake a utilities infrastructure project that will serve the Core Project, subject again to such terms and conditions as the parties may establish under the Gore Creek Property Development Agreement. The provisions of this paragraph 10 and the obligations of Vail Associates hereunder are subject to the making of the Gore Creek Property Development Agreement and the provisions agreed upon by the parties thereunder, and Vail Associates' obligations under this paragraph 10 will be limited to those set forth in the Gore Creek Property Development Agreement and by the provisions thereof. 11. Representations and Warranties by the Owners. The Owners represent and warrant that: (a) Each Owner is a corporation duly organized, validly existing and in good standing under the laws of the State of Colorado, has the inherent corporate power necessary to enter into this Agreement, and has duly authorized the execution, delivery and performance of this Agreement by such Owner pursuant to all requisite corporate action. • (b) The consummation of the transactions cont~~„tlated by this Agreement will not violate any provisions of the governing corporate documents of MUR\59599.01 \481474.1 10 • either Owner or constitute a default or result in the breach of any term or provision of any contract or agreement to which either Owner is a party or by which it is bound. (c) There is no pending or, to the knowledge of the Owners, threatened litigation or legal proceeding contesting the power or authority of either Owner to proceed with the transactions under this Agreement. 12. Representations and Warranties of the Authority. The Authority represents and warrants that: (a) The Authority is an urban renewal authority duly organized and validly existing under the laws of the State of Colorado. (b) The Authority has the inherent power and authority to enter into and has taken all actions required to authorize its making of this Agreement and to carry out its obligations hereunder. (c) There is no pending, or to the Authority's knowledge, threatened litigation or proceeding which may contest the power or authority of the Authority or its officials to enter into or consummate the transactions contemplated by this Agreement, or the Authority's performance and observance of its obligations hereunder. • (d) The execution and delivery of this Agreement and the documents required hereunder, the Authority's performance and observance of its obligations hereunder, and the consummation of the transactions contemplated by this Agreement will not (i) conflict with or contravene any law, order, rule or regulation applicable to the Authority or to the Authority's governing documents, (ii) result in the breach of any of the terms or provisions of or cause a default under any agreement or other instrument to which the Authority is a party or by which it may be bound or affected, or (iii) permit any party to terminate any such agreement or instrument or to accelerate the maturity of any indebtedness or other obligation of the Authority. 13. Liability Insurance. The Owners will maintain commercial general liability insurance against all claims for personal injury, death or property damage occurring upon or in each Property during any period that the Authority is in ownership of that Property, with such coverage to have a single occurrence limit of not less than Two Million Dollars ($2,000,000) and an aggregate available limit from time to time of not less than Two Million Dollars ($2,000,000). This liability insurance coverage will name the Authority as an additional insured, will be placed with a good and solvent insurance company which is authorized to do business in the State of Colorado (and in any case with a rating of not less than A+ as established by Best and Company), and will require the insurer to give at least thirty (30) days' prior written notice to the Authority before any cancellation of or material reduction in coverage. The Owners will provide an insurance certificate for the required . policy of liability insurance to the Authority upon request. The foregoing shall not apply to the Town Properties. MUR\59599.01 \481474.1 11 . 14. Authority Covenants. In connection with the ownership of the Properties and the undertaking of the Projects, the Authority covenants and agrees as follows: during any period that the Authority is in ownership of either Property, the Authority will not take, authorize or suffer any action or circumstances arising by, through or under the Authority that causes any physical damage or alteration affecting the applicable Property, or the occurrence of any personal injury or property damage suffered by any party upon the applicable Property; will not take or authorize any action or engage in or authorize any course of conduct that causes any impairment of any easements, appurtenances, privileges, licenses or rights benefiting the applicable Property, or that gives rise to a violation of any applicable law, ordinance, rule or regulation with respect to the applicable Property, or any change in or impairment of zoning, platting or other land use entitlements related to the applicable Property; and will not grant, cause or suffer the establishment of any lien or encumbrance against or other interest in the applicable Property in favor of any third party that arises by, through or under the Authority. If any liability arises from any breach of the Authority's obligations under this paragraph 14, the Authority agrees that with respect thereto the Authority may not have the benefit or avail itself of the insurance coverage under paragraph I3 above (and the Owners' insurers will be beneficiaries of the foregoing as well as the Owners). 15. Indemnity and Responsibility. (a) The Owners will indemnify and defend the Authority and its officers and employees against costs and expenses, including reasonable attorneys' fees, • and losses and liabilities which are suffered or incurred by the Authority and which are caused by or arise from any breach by the Owners of their respective obligations under this Agreement, or any negligence or willful misconduct of either Owner, or its contractors or agents, that occurs in connection with the transactions under this Agreement. (b} The Authority will be responsible for, and to the extent permitted by law will reimburse the Owners, or either of them, for all costs and expenses, including reasonable attorneys' fees, and losses and liabilities incurred by the Owners, or either of them, that are caused by or arise from any breach by the Authority of its obligations under this Agreement, or any negligence or willful misconduct of the Authority, or its contractors or agents, that occurs in connection with the transactions under this Agreement. 16. Default; Remedies. (a) A "Default" by either party hereunder shall mean the failure of that party to observe or perform any covenant, obligation or agreement of such party under this Agreement, or the existence or occurrence of any circumstance which causes any representation or warranty made by such party in this Agreement to be false or misleading in any material respect, provided such party does not cure such failure or circumstance within ten (10) days after the other party hereto gives written notice • thereof (provided that this cure period will not apply to any such failure or MUR\59599.01\481474.1 12 • circumstance which is not susceptible of being cured, or to any obligation to be performed at Closing). (b) If any Default by the Authority occurs and is continuing hereunder, the Owners may (i) seek and recover all out-of-pocket costs, expenses and sums incurred by the Owners, or either of them, in connection with the Default or this Agreement, including attorneys' fees, and actual compensatory damages, but not consequential damages, lost profits or punitive damages; (ii) seek enforcement of the Authority's obligations hereunder by any equitable remedies, such as specific performance or injunction; and/or (iii) elect to terminate this Agreement. (c) If any Default by the Owners occurs and is continuing hereunder, the Authority may (i) seek any available remedy at law; (ii) seek enforcement of the Owners' obligations hereunder by any equitable remedies, such as specific performance or injunction; or (iii) elect to terminate this Agreement; however, the Authority may not so terminate this Agreement if termination would prejudice the interests of the Authority or the Owners in any Eminent Domain Proceeding, or if the Authority has acquired fee title to the Properties or either of them. 17. Term; Termination; Effect of Termination. (a) Unless sooner terminated in accordance with the other provisions • hereof, this Agreement will have a term expiring at such time as a Closing has been completed or the Authority has accepted a third party as the successful Respondent in accordance with terms hereof, as applicable, for each of the Properties. Upon any termination of this Agreement, the parties shall be released from all further obligations and duties hereunder, with the exception of any such obligation or duty or any breach thereof that accrues prior to the termination and remains undischarged or uncured, or that by its terms or nature is intended to be performed after termination. Furthermore, the foregoing will not be construed to limit the rights and remedies available to the non- defaulting party under any circumstance where this Agreement is terminated because of .a Default. The provisions of this Agreement will survive any Closing and delivery of the corresponding Deed in order to effectuate the foregoing. (b) The Owners (acting jointly or through Vail Associates singularly) may terminate this Agreement in their sole discretion upon written notice to the Authority, either in its entirety or with respect to a specific Property. Upon receipt of such notice, the Authority will forthwith abandon any pending Eminent Domain Proceeding (unless such Proceeding pertains to a Property for which this Agreement is not being terminated). In the event the Owners terminate this Agreement pursuant to this paragraph (b), the Owners shall pay to the Authority any outstanding Eminent Domain Costs within ten (10) days of such termination (provided that the foregoing will be subject to and not limit the Owners' rights and remedies hereunder in any case of the • Authority's Default). MUR\59599.01\481474.1 13 18. Notices. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below. If to the Gwners or either of them: [name of Owner or Owners, as applicable] c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Jack Hunn, Vice President of Design and Construction Fax No.: (970) 845-2555 Phone: (970) 845-2359 With a copy to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Kursten Canada, Esq. Fax No.: (970) 845-2555 Phone: (970) 845-2546 If to the Authority: Vail Reinvestment Authority Stanley Zemler, Executive Director 75 South Frontage Road Vail, Colorado 81657 Phone: (970) 479-2105 • Fax No.: (970) 479-2452 MUR\59599.011481474.1 14 • With a copy to: Gorsuch Kirgis LLP Tower I Suite 1000 1515 Arapahoe Street Denver, Colorado $0202 Attention: Malcolm M. Murray, Esq. Phone: (303) 376-5000 Fax: (303) 376-5001 Either party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. Either Owner may give any notice on behalf of both Owners; any notice by any party hereunder may be given by its legal counsel. 19. Limitations on Assignment. (a) The Owners will not assign its rights or delegate its duties and obligations pursuant to this Agreement without the prior written consent of the Authority, and any purported assignment without the consent of the Authority will be null and void; provided, however, that either Owner may at any time assign its rights and delegate its obligations under this Agreement to the other Owner or to any affiliates • of Vail Associates (which shall mean any entity that by virtue of direct or indirect majority ownership interests is controlled by, controls, or is under common control with Vail Associates). Any consent, approval or other action hereunder required of both Owners may be provided or taken on behalf of both Owners by Vail Associates. (b) The Authority may not assign any of its rights or delegate any of its obligations under this Agreement to any other party without the prior written consent of the Owners, and any purported assignment or delegation without the consent of the Owners will be null and void. 20. Conflicts of Interest. The Authority will not allow, and except as disclosed in writing to the Authority, the Owners will not knowingly permit, any of the following persons to have any interest, duect or indirect, in this Agreement: a member of the governing body of the Authority or of the Town; an employee of the Authority or the Town who exercises responsibility concerning the Projects or either of them; or an individual or firm retained by the Town or the Authority who has performed consulting or other professional services in connection with the Projects or either of them. The Authority will not allow and the Owners will not knowingly permit any of the above persons or entities to participate in any decision relating to this Agreement that affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is directly or indirectly interested. • 21. Attorneys' Fees. In the event any IegaI proceeding arises out of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover MUR\59599.01 \481474.1 15 • from the other party all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and any presiding court will be bound to make this award). Should the application of this provision in any circumstance prove to conflict with any other provision of this Agreement for the allocation of attorneys' fees, this provision shall be controlling. 22. Waiver. No failure by either party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy consequent upon a breach of this Agreement, will constitute a waiver of any such breach or of such or any other covenant, agreement, term or condition. Either party by giving notice to the other party may, but will not be required to, waive any of its rights or any conditions to any of its obligations hereunder. No waiver will affect or alter the remainder of this Agreement, but each and every other covenant, agreement, term and condition of this Agreement will continue in full force and effect with respect to any other then existing or subsequent breach. 23. Titles of Sections. Any titles of the several parts and sections of this Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. 24. Authority Not A Partner; the Owners Not Authority's A>;ent. Notwithstanding any language in this Agreement or any other agreement, representation or • warranty to the contrary, the Authority will not be deemed or constitute a partner or joint venturer of the Owners, the Owners will not be the agent of the Authority, and the Authority will not be responsible for any debt or liability of the Owners. 25. Applicable Law. The laws of the State of Colorado will govern the interpretation and enforcement of this Agreement. 26. Binding Effect. This Agreement will be binding on and inure to the benefit of the parties hereto, and their successors and assigns, subject to the limitations on assignment of this Agreement set forth in paragraph 19, and further subject to the allocations to the Owners of their right, and obligations as set forth in Recital C of this Agreement. 27. Further Assurances. The parties hereto agree to execute such documents, and take such action, as will be reasonably requested by the other party hereto to confirm or clarify the intent of the provisions hereof and to effectuate the agreements herein contained and the intent hereof. 28. Time of Essence. Time is of the essence of this Agreement. The parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 29. Severability. If any provision, covenant, agreement or portion of this • Agreement, or its application to any person, entity or property, is held invalid, such invalidity will not affect the application or validity of any other provisions, covenants or portions of this MUR\59599.011481474.1 16 • Agreement and, to that end, any provisions, covenants, agreements or portions of this Agreement are declared to be severable. 30. Counterparts. This Agreement may be executed in counterparts, each of which will be an original and all of which will constitute one and the same instrument. 31. Non-Liability of Authority Officials and Employees. No council member, commissioner, board member, official, employee, agent or' consultant of the Authority or the Town will be personally liable to the Owners for any breach or default by the Authority or for any amount that may become due to the Owners under the terms of this Agreement. 32. Jointly Drafted; Rules of Construction. The parties hereto agree that this Agreement was jointly drafted, and, therefore waive the application of any law, regulation, holding, or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. 33. Entire Agreement. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, undertakings or negotiations shall be deemed merged herein, superseded hereby, and of no force or effect, and the parties mutually acknowledge and agree that the "Lionshead Pre-Development Agreement," dated December 16, 2003, is superseded and terminated. • 34. Recordation. At the election of Vail Associates, this Agreement may be recorded in the Records. If this Agreement is so recorded, then upon any termination of this Agreement, either parry, upon the request of the other, shall execute and deliver for recordation any confirmation of such termination as may be reasonably required by the requesting party. 35. Incorporation of Exhibits. All of the Exhibits to this Agreement previously referred to herein are incorporated herein by this reference and made a part hereof. [Balance of page intentionally left blank] • MUR\59599.01\481474.1 1 ~ • IN WITNESS WHEREOF, the Owners and the Authority have made this Agreement as of the day, month and year first above written. VAIL REINVESTMENT AUTHORITY By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by as of Vail Reinvestment Authority, a Witness my hand and official seal. My commission expires: • Notary Public [Signature blocks continue on following page] • MUR\59599.01\481474.1 1 g • THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation ay: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by as of The Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: [Signature blocks continue on foll~~ ~r:~.,g page] • • MUR\59599.01 \481474.1 19 VAMHC, INC., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by as of VAMHC, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: [Joinder of Town of Vail follows on the next page] • • MUR\59599.01\481474.1 ZQ JOINDER OF TOWN OF VAIL TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, hereby joins in this Lionshead Reinvestment Agreement for purposes of consenting to the condemnation of and prosecution of any Eminent Domain Proceeding against the Town Properties, without any resulting compensation or consideration owing to the Town (and any compensation or consideration is hereby disclaimed and waived), but subject to the condition that the Authority reconvey the Town Properties to the Town as set forth hereinabove. The Town acknowledges and concurs that the condemnation of the Town Properties pursuant to this consent is specifically authorized by the Act. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado A~1 i 1/ST: By: Name: Title: • Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2004, by as of the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public • MUR\59599.011481474.1 EXtutsIT A LEGAL DESCRir i iON OF CORE PROPERTY PARCEL A: LOT 4 BLOCK 1, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B: TRACT D, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL C: TRACT C, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO PARCEL D: TRACTS G AND H, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE . RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL E: TRACT C, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL F: LOT 2, BLOCK 1, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL G: TRACT A, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. • MUR159599.01 \481474.1 A-1 i • EXHIBIT B LEGAL DESCRrr i ION OF GORE CREEK PROPERTY PARCEL 1 A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION NO. 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTHOUSES AS RECORDED ON JANUARY 27, 2003 AT RECEPTION NO. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO. 780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP S SOUTH, RANGE 80 WEST OF THE 6T'~` PRINCIPAL MERIDIAN, BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LION5HEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 18°54'12" W A DISTANCE OF 541.47 • FEET TO A POINT ON THE SOUTHEAST BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (3) THREE COURSES: 1) S 83°59'19" W A DISTANCE OF 30.00 FEET; 2) S 76°44' 19" W A DISTANCE OF 135.64 FEET; 3) S 66°54' 19" W A DISTANCE OF 72.29 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL DESCRIBED AT RECEPTION NO. 780248 THE FOLLOWING (3) THREE COURSES: 1) S 66°54' 19" W A DISTANCE OF 210.00 FEET; 2) S 15°46'41" E A DISTANCE OF 3.15 FEET; 3) S 74°12'56" W A DISTANCE OF 26.69 FEET TO THE EAST BOUNDARY LINE OF SAID LOT B, MORCUS SUBDIVISION, THENCE ALONG THE SOUTH BOUNDARY OF SAID LOT B THE FOLLOWING (3) THREE COURSES: 1) S 74°12'56" W A DISTANCE OF 253.31 FEET; • MUR\59599.01\481474.1 B-1 2) S 77°29'10" W A DISTANCE OF 89.72 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT B; 3) N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 74°12'56" E A DISTANCE OF 167.69 FEET; THENCE S 20° 17' 11" E A DISTANCE OF 8.78 FEET; THENCE N 69°42'49" E A DISTANCE OF 253.77 FEET; THENCE N 20°17'11" W A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 57.33 FEET; THENCE S 20° 17' 11" E A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 225.52 FEET; THENCE N 82°49'24" E A DISTANCE OF 59.29 FEET; THENCE N 39° 10' 12" E A DISTANCE OF 18.52 FEET; THENCE N 02°44'06" W A DISTANCE OF 4.88 FEET; THENCE N 68°30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (2) TWO COURSES: 1) S 21°30'33" E A DISTANCE OF 20.54 FEET; 2) THENCE S 02°26'32" E A DISTANCE OF 130.76 FEET TO THE TRUE POINT OF • BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREA Y ~~ BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. • MUR\59599.01 \481474.1 $-2 • EXHIBIT B (CONT.) LEGAL DESCRrr ~ iON OF GORE CREEK PROPERTY (CONT.) PARCEL 2 A PARCEL OF LAND PREVIOUSLY LOCATED WITHIN VAIL VILLAGE SECOND FILING, ACCORDING TO THE PLAT THEREOF RECORDED ON JANUARY 9 1963, AT RECEPTION NO. 96928, AS RE-RECORDED AND/OR AMENDED BY PLAT RECORDED MARCH 25, 1963, AT RECEPTION NO. 97199, NOW BEING LOCATED WITHIN LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION No. 151373, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO. 780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S 85 °48' 35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED . SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 51°35'00" W A DISTANCE OF 1216.47 FEET TO A POINT ON THE WEST CORNER OF SAID LOT B MORCUS SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING. THENCE N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15 °50'27" W A DISTANCE OF 10.66 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG THE NORTHERLY LINE OF SAID VAIL VILLAGE SECOND FILING N 74°14'26" E A DISTANCE OF 412.70 FEET; THENCE S 69°42'49" W A DISTANCE OF 245.07 FEET; THENCE N 20° 17' 11" W A DISTANCE OF 8.78 FEET; THENCE S 69°42'49" W A DISTANCE OF 167.69 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, • CO 81657. MUR\59599.01 \481474.1 B-3 EXHIBIT C LEGAL DESCRY Y iON OF TOWN PROPERTIES Those portions of Tract C, Vail/Lionshead First Filing, and Tract C, Vail/Lionshead Third Filing, according to the recorded plats thereof, conveyed to the Town of Vail by deeds recorded on August 16; 1991, at Book 560, Page 180 and on July 17, 1984, at Book 389, Page 502; and Tract A, Vail/Lionshead Third Filing, according to the recorded plat thereof. .7 r~ MUR159599.01\481474.1 C-1 EI~IIBIT D-1 The parties agree that the "Lionshead Core Protective Covenants" following this page as part of this Exhibit D-1 shall be duly executed and acknowledged by the Authority and recorded in the Records following the Eminent Domain Proceeding for the Core Property and prior to the recording of the Deed for the Core Property in favor of the successful Respondent. r~ • MUR159599.011481474.1 D 1- l • EIIIiIBIT D-2 The parties agree that the "Gore Creek Protective Covenants" following this page as apart of this Exhibit D-2 shall be duly executed and acknowledged by the Authority and recorded in the Records following the Eminent Domain Proceeding for the Gore Creek Property and prior to the recording of the Deed for the Gore Creek Property in favor of the successful Respondent. r~ C7 MUR\59599.01\481474.1 D2-1 EXHIBIT E-1 PERI~iY i 1 ~u EXCEr i IONS FOR THE CORE PROPERTY 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. L t tt,ITY EASEMENT 25 FEET IN WIDTH ALONG THE WEST LOT LINE OF SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL/LIONSHEAD FIRST FILING. (AFFECTS LOT 4, BLOCK 1, AND TRACT C, VAIL/LIONSHEAD FIRST • FILING) 4. EASEMENT AS CONTAINED IN DEED RECORDED NOVEMBER 12, 1971 IN BOOK 222 AT PAGE 258. 5. ANY OUTSTANDING LEASE AS EVIDENCED BY DEED RECORDED OCTOBER 7, 1988, IN BOOK 492, AT PAGE 636. 6. UTILITY AND DRAINAGE EASEMENTS AFFECTING SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLATS OF VAIL/LIONSHEAD, FIRST FILING AND VAIL/LIONSHEAD, THIRD FILING. (AFFECTS TRACT C, VAIL/LIONSHEAD, FIRST FILING, AND TRACT C, VAIL/LIONSHEAD, THIRD FILING) 7. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED AUGUST 25, 1972 IN BOOK 225 AT PAGE 183. 8. UTILITY AND DRAINAGE EASEMENTS AFFECTING SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL/LIONSHEAD, THIRD FILING. (AFFECTS TRACTS A, E, G AND H, VAIL/LIONSHEAD THIRD FILING) • 9. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED AUGUST 29, 1996, IN BOOK 703 AT PAGE 954. MUR\59599.01\481474.1 E 1-1 • 10. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED MARCH 23, 2001 AT RECEPTION NO. 952849. 11. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MARCH 02, 2001, UNDER RECEPTION NO. 750938. 12. TERMS, CONDITIONS AND PROVISIONS OF COMMERCIAL LEASE BETWEEN 5UNBIRD OF VAIL, INC. AND CAN-AM OF COLORADO, INC. RECORDED MARCH 02, 1988 IN BOOK 479 AT PAGE 784. (AFFECTS LOT 2, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING) 13. TERMS, CONDITIONS AND PROVISIONS OF LEASE WITH AUTOMATIC LAUNDRY COMPANY, LTD. RECORDED NOVEMBER 18, 1998 AT RECEPTION NO. 676693. (Arr~CTS LOT 2, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING) 14. EXISTING LEASES AND TENANCIES. • (Arr~CTS LOT 2, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING) 15. ANY EASEMENTS ITERETOFORE OR HEREAFTER GRANTED BY OR MADE WITH OR FOR THE BENEFIT OF THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC. (THE "OWNER"), BURDENING AND/OR BENEFITING THE SUBJECT PROPERTY, OR ANY PORTION THEREOF, AND ANY AGREEMENTS AND PROVISIONS THEREUNDER. [Specific easements may be delineated in addition to the foregoing in the applicable Eminent Domain Proceeding, to the extent such specific easements have been established.] • MUR\59599.01 \481474.1 E 1-2 • EXHIBIT E-2 PERMI i i ~D EXCEr ' i iONS FOR i til~ GORE CREEK PROPERTY 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UN i i r/D STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503, SEr i AMBER 4, 1923 IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. 3. FIVE-FOOT UTILITY EASEMENT ALONG THE SOUTHERLY BOUNDARY OF THE SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLATS OF VAIL/LIONSHEAD, THIRD FILING AND OF MORCUS SUBDIVISION. 4. ANY EASEMENTS HERETOFORE OR HEREAFTER GRANTED BY OR MADE • WITH OR FOR THE BENEFIT OF THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., AND VAMHC, INC. (THE "OWNER(S)"), BURDENING OR BENEri l iNG THE SUBJECT PROPERTY, OR ANY PORTION THEREOF, AND ANY AGREEMENTS AND PROVISIONS THEREUNDER. [Specific easements may be delineated in addition to the foregoing in the applicable Eminent Domain Proceeding, to the extent such specific easements have been established.] J MUR\59599.01 \481474.1 EZ-1 RESOLUTION NO. 18 Series of 2004 A RESOLUTION AMENDING CERTAIN SECTIONS OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN CLARIFYING AND AFFORDING ALL TYPES OF DEVELOPMENT PROJECTS, "NEW AND REDEVELOPMENT", FLEXIBILITY IN THE APPLICATION OF THE ARCHITECTURAL DESIGN GUIDELINES, AS PRESCRIBED IN CHAPTER 8 OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council (the "Town Council") adopted the Lionshead Redevelopment Master Plan (the "Master Plan"); and WHEREAS, the Master Plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead Study Area; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, pursuant to Section 2.8 of the Maser Plan, the Town of Vail Community Development Department has proposed an amendment to the Master Plan; and • WHEREAS, the Town of Vail Planning 8 Environmental Commission has held a public hearing on the proposed amendment on July 26, 2004, and has forwarded a recommendation of approval of the amendment to the Town Council; and WHEREAS, the purpose of this amendment is to amend the implementation policies prescribed in the Master Plan to clarify and afford all types of development, "new and redevelopment, flexibility in the application of the Architectural Design Guidelines (the "Guidelines"), as prescribed in Chapter 8, Lionshead Redevelopment Master Plan; and WHEREAS, the Town Council finds that from time to time it may be desirable to afford flexibility in strict application of the Guidelines to new development projects; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. • . NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in BOLD ITALICS (additions) and ~T-,ANGS (deletions). CHAPTER 8 Architectural Design Guidelines 8.1 Vision Statement The Lionshead neighborhood in Vail presents the opportunity to establish a dynamic and exciting community within one of the r..,...ier resorts in the world. Lionshead's mountain location, proximity to the ski slopes, and ample residential base evokes the vision of a truly special place, full of vitality and interest. This vision can be achieved through redevelopment of the community by addressing site and architectural issues, and through consistent and effective transitions from existing to new buildings. The pedestrian experience of the public spaces within Lionshead is the most critical issue for redevelopment. Many of the existing spaces are static and uninteresting, due to a prevailing grid organization and lack of animation and architectural coherency within the spaces. One of the most effective ways to intensify this experience is through careful design of the architecture which defines the public spaces. Visually dynamic variation at the pedestrian level can help avoid a monotonous streetscape, and judicious use of ornament, detail, artwork, and color can reflect individuality and establish a variety of experience. The architecture of Lionshead is envisioned as a unified composition of buildings and public spaces based on the timeless design principles of form, scale, and order, made responsive to their setting and environment. It is not envisioned as a strict dictation of a specific "style" or "theme." Many existing buildings within the community are built of monolithic concrete slabs and lack any sense of order or personality. The new image for Lionshead should move towards the future-using historical alpine references and Vail Village as antecedents. This design framework will allow individual property owners freedom of expression within the personalities of their buildings while establishing and maintaining an overall unifying character and image for the entire community. In addition, it is paramount that the redevelopment effort address specific design • considerations generated by the location, climate, and surrounding environment, such as addressing views, using indigenous building materials, and reflecting the alpine heritage. 2 • Designing in response to our regional heritage, adhering to a consistent architectural order, and enhancing the public experience will enable Lionshead to define its own identity-making it a distinct and special place not just within the context of Vail, but within kindred mountain communities around the world. • 8.2 Organization, Purpose and Scope The organization of the Lionshead Architectural Design Guidelines is based upon describing the "big picture" of the redevelopment effort first, and then studying the more detailed aspects. Sections 8.1 and 8.2 begin with the "big picture" and offer the "vision" for Lionshead, and provide explanatory information regarding organization, purpose,.and scope. Section 8.3 contains special provisions for new and existing structures, including redevelopment priorities, triggers, and transition tools. This Section addresses how flexibility in the application of the Guidelines should be applied to development applications under consideration by the Town's Boards and Commissions. Section 8.4 contains the Guidelines themselves, but begins first with the "big picture" of planning considerations which may overlap with the Lionshead Master Plan. Prospective developers and/or designers should study this portion of Section 8.4 • carefully, to see what design criteria must be met if their project occupies a special site relative to building roles, pedestrian streets, or transition spaces. The f~s; ~~-!: The imaxt: r'rfl.ionslteci4lslra:rJcf t•crntrtFute t~> its ".sc~xsa cr~~rlu~e, latter portion of Section 8.4 deals with the architectural principles of the Design Guidelines, starting first with overall issues such as building form and massing, then moving into more detailed issues such as dimensional criteria for architectural components, materials, and colors. Section 8.5 provides a "quick glimpse" of the quantitative values outlined in the Guidelines. The purpose of the Lionshead Architectural Design Guidelines (ADG) is to work in concert with the Lionshead Master Plan to enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony, and improve property values for businesses and homeowners. This document constitutes a design philosophy for the community, which when integrated with the Lionshead Master Plan, helps to establish Lionshead as a coherent, dynamic village with a true "sense of place." These Guidelines are intended to direct the growth of the community through distinct levels of perception, from views of the neighborhood from the mountain and the highway, to perceptions within its pedestrian streets, to the detail level of artistry and ornamentation on the structures themselves. • The scope of the Design Guidelines includes all criteria related to the architectural design of new and redevelopment ~d projects within Lionshead, along with site and planning criteria which relate directly to architecture. Other site and planning criteria may be found in the Lionshead • Master Plan, and should be reviewed concurrently with these Guidelines. Structures which have been reviewed and approved by regulatory agencies for Lionshead prior to the endorsement date of this document may present special' 4 Fib cY- ". i'nrtais e,)t~~t pr~c~sc'~nt the jig:~t irrur,~es c>/tha corrrrnarnrtt~ 1©~Jcsi~strra~rs. • circumstances with respect to the criteria cited within these Guidelines, and will be handled per Section 8.3. 8.3 New and Existing Structures 8.3.1 Special Provisions While these Guidelines offer a roadmap for the redevelopment of Lionshead, they are not intended to limit the efforts of developers and/or designers involved with new and existing structures. It is understood that many of the buildings within the community or may be unable to comply with some of the criteria described in the ADG. Many existing buildings, for instance, may already exceed the height criteria identified. Some existing roof pitches within the community may not meet the numerical values described. And many of the existing pedestrian streets may fall well short of the "ideal" proportions depicted. These and similar issues will be handled on a case-by-case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenets described herein. Similar to existing structures, it is also understood that from time to time • the Town may determine that it is desirable to afford,flexibility in strict application of the Guidelines to new development projects. In these instances, the reviewing body shall rely upon the stated review criteria for deviations to the Architectural Design Guidelines outlined in sub- section 8.3.3.A contained herein. Proposed renovations'or additions which meet the general intent of the ADG will be offered more latitude with respect to specific non-compliant items than those which stray from the overall vision of Lionshead as described within-variances will be granted from the detail of the Guidelines if the overall intent is met. In addition, any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the "letter" of these Guidelines is not meant to discourage potential improvements. 8.3.2 Development Master Plans Since many of the structures within Lionshead are pre-existing, Development Master Plans are highly encouraged to define long-range goals for buildings within individual parcels. These Plans should be presented to the Design Review Board (DRB) for review when applying for initial building design approval, and should include information such • as: • Overall architectural "vision" for all buildings within the site 5 • Design strategies for maintaining consistent architectural language between renovations and new construction within the site • Proposed phasing plans 8.3.3 Redevelopment Prioritization and "Triggers" Consistent with Section 8.3.1 above, existing properties aze encouraged to renovate and rehabilitate, to the greatest extent possible, the exterior of their buildings according to the pazameters of the ADG. It is recognized, however, that a single, complete, and comprehensive exterior renovation may not be economically possible for all existing structures, and incremental improvements must be allowed. Having said this, the following potential exterior improvements should be considered as priorities by both private property owners and the Town of Vail. All reasonable efforts to encourage, provide incentives, and facilitate these improvements should be made. • Renewed and expanded retail frontage. For properties fronting the Lionshead retail mall and retail pedestrian streets, the renovation and expansion of the ground floor retail level is perhaps the most critical element in revitalizing the Lionshead retail core. • Roofs. As outlined in the ADG, the roofscape of Lionshead is a critical component in "knitting" together the built environment and providing visual cohesion to the urban fabnc of Lionshead. • Planning considerations. All buildings in Lionshead, both existing and new development, should seek to fulfill the roles of landmarks, portals, turning points, and other roles as outlined in the Master Plan. • Form, massing and height criteria. • Building surface treatment- walls, doors, windows, signage, etc. • All other components of the architectural design guidelines. A critical question regarding the renovation of existing structures is when compliance with the architectural design guidelines is "triggered" or required. Regazding this, the following guidelines should be considered: • To the greatest extent possible, renovating properties should endeavor to make significant and meaningful improvements to their properties as opposed to small, insignificant improvements. This does not discount the importance of any improvement to a properties exterior. • Any single incremental improvement to one building element will not necessarily trigger compliance on all remaining building 6 • elements. However, any portion of the building being improved should do so according to the parameters of the architectural design guidelines. For example, if a property applies to resurface the walls of their building, this resurfacing should be done according to the ADG, but will not in and of itself also require the replacement of the roof, or another major modification, at the same time. Any proposal to add significant volume or mass to a property may ~1 trigger full a~eosenable compliance to the Master Plan and Architectural Design Guidelines. Deviations from this requirement shall require demonstration of compliance with the procedures and review criteria outlined in Subsection 8.3.3.A herein. 8.3.3.A Review Criteria for Deviations to the Architectural Design Guidelines for New Development Similar to the implementation policies of the ADG prescribed for existing structures, the Town has determined that there may be instances where flexibility in requiring strict compliance with the Guidelines for new development maybe in the best interest of the community and the • furtherance of the goals and objectives stated in the Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such rnstances are rare and extraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shall be afforded to new development from strict compliance with the Guidelines, review criteria have been established The degree of design deviation flexibility afforded to a development project shall bear proportionately to the extent of the improvements proposed For example, a development application that proposes the construction of a new structure which includes the demolition of an existing structure or adds significant volume or mass to a property, shall more fully comply with the prescribed Architectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building The following criteria shall be used by the Town of Yail Planning d~ Environmental Commission and Design Review Board to determine if deviations to the Guidelines should be granted: It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: • The requestfor design deviations are in compliance with the purposes of the zone district; and 7 • • The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and • The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and • The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and • The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, • A public benefit is achieved as a result of the design deviation; and, • The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. 2. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby declares it would have passed this Resolution, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. 3. 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 the inhabitants thereof. 4. Bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. • 8 • INTRODUCED, READ, .APPROVED AND ADOPTED this 3`~ day of August, 2004. Rodney Slifer, Mayod, Town of Vail ATTEST: ,~p.NN'~~ .~' ;' ~'q~ Lorele' onaldson, Town Clerk SEAj, • • • n U RESOLUTION NO. 19 Series of 2004 A RESOLUTION OF THE TOWN OF VAIL ADOPTING THE STATE OF COLORADO MODEL MUNICIPAL RECORDS RETENTION SCHEDULE • WHEREAS, the Town of Vail has in place a records management system that functions under and with the guidance of the Colorado State Archivist all in accordance with Colorado Law; and WHEREAS, the State Archivist has approved the use of a Model Municipal Records Retention Schedule (hereinafter "Model") and encourages its adoption by Colorado municipalities; and WHEREAS, 75 municipalities in the State of Colorado have adopted the Model as of September, 2004; and WHEREAS, the use of the Model will save time when making changes to the City's record retention schedules and practices; and WHEREAS, the State Archivist allows for municipalities to adapt the Model to the needs of individual jurisdictions. The Model will be of benefit to the Town and the Town Clerk has recommended that it be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL THAT: 1. The Colorado Model Municipal Records Retention Schedule, as may be amended from time to time to meet the administrative requirements of the Town of Vail and Colorado State Archivist, is hereby adopted. 2. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. 3. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. • 4. This resolution shall take effect upon approval by the State Archivist to use the Colorado Model Municipal Records Retention Schedule. INTRODUCED, READ, APPROVED AND ADOPTED this 21 st day of September, 2004. i, ' ~ ~~ ~ Rod Slifer, Mayor ATTEST: F vAt ~o,......~. o: ~ ~~~ ~L ~- ~ 5~~+ orele~ Donaldson, Town Clerk '•.,_ _,, • ~ .~~ti • RESOLUTION N0.20 Series of 2004 A RESOLUTION APPROVING THE GORE CREEK PLACE DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN RELATION TO THE GORE CREEK, PLACE DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES AND AFFILIATES WHEREAS, the Town, acting through its applicable departments and agencies, including the Planning and Environmental Commission and Design Review Board, has previously approved design devel„r~~.ent plans proposed by Vail Associates for its intended development of the "Gore Creek Place" residential project (the "Project"), the site of which is located in the Town of Vail on the north side of and proximate to Gore Creek and bordered on the west by Forest Road (the "Gore Creek Site"); and WHEREAS, the Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Associates, on its own behalf and on behalf of its applicable affiliates as the owners of the Gore Creek Site, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project, and also the Lionshead "Core" redevelopment project, and the respective rights and responsibilities of the Town and Vail Associates in connection with those matters; and WHEREAS, the approval of the Agreement is necessary and proper for the health, safety and welfare of the Town and its inhabitants;. and WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers to be necessary or appropriate in furtherance of this Resolution. . ;, Section 2. 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 the inhabitants thereof. INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of September, 2004. ~-~ Rodney Slifer, ~• Mayor, Town of Vail ATTES ' lei )~onaldson, ~- - Town Clerk, Town of Vail ~ ~`~, d • o; W zi '• ~ •~ o; ••.......•. Resolution 20, Series of 2004 2 i ~~. RESOLUTION NO. 21 Series of 2004 A RESOLUTION APPROVING THE PARKING CAPITAL INVESTMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN RELATION TO AUGMENTING THE TOWN'S PUBLIC PARKING CAPABILITY. WHEREAS, the Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Associates, on its own behalf and on behalf of its applicable affiliates have negotiated terms and conditions for the Agreement to govern certain matters related to augmenting the Town's public pazking capability, and the respective rights and responsibilities of the Town and Vail Associates in connection with those matters; and WHEREAS, the approval of the Agreement is necessary and proper for the health, safety and welfaze of the Town and its inhabitants; and WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers tnecessary or appropriate in fiartherance of this Resolution. Section 2. The Town Council hereby finds, determines and declazes that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. .~ INTRODUCED, READ, APPROVED AND ADOPTED this 19~' day of October, 2004. A t i SST Lore~Don~ldson, Town Clerk, Town of Vail 628651.1 RCFISH ~;ai~ `i~ o`;: a. y Q+ o ;. ~~ . ,w .$ ~~'•••....G~, Rodney Slif , Mayor, Town of Vail 2 RESOLUTION N0.22 Series of 2004 A RESOLUTION APPROVING AND ACCEPTING, ON BEHALF OF THE TOWN OF VAIL (THE "TOWN" OR "GRANTEE"), A SPECIAL WARRANTY DEED FROM BUFFEHR CREEK PARTNERS, A COLORADO LIMITED PARTNERSHIP (THE "GRANTOR"), WHICH DEED PERTAINS TO CERTAIN REAL PROPERTY WITHIN THE TOWN OF VAIL AND WHICH IS ENCUMBERED BY A CONSERVATION EASEMENT IN FAVOR OF THE EAGLE VALLEY LAND TRUST, A NONPROFIT COLORADO CORPORATION (THE "TRUST"); AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town of Vail, in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, The members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHERAS, The Grantor is the sole owner in fee simple of certain real property located within the Town of approximately nine (9) acres, legally described as Tract A Eleni Zneimer Subdivision, Town of Vail, County of Eagle, State of Colorado (the "Property"); and WHEREAS, the Trust is a Colorado nonprofit corporation which is organized to preserve and conserve natural areas and significant land for ecological, open space, scenic, aesthetic, scientific, charitable and educational purposes; and WHEREAS, In December of 2003, acknowledging that the Property has significant scenic, aesthetic and open space values as set out in the Colorado Revised Statutes (C.R.S.) Section 38-30.5-101, et seq., the Grantor conveyed a Deed of Conservation Easement (the "Easement") in favor of the Trust in order to permanently preserve the entire Property as open space for the use and enjoyment of the general public (a copy of the Easement is open for public inspection on file in the office of the Town Clerk); and WHEREAS, the Grantor now desires to deed its interest in the Property to the Town and the Town is willing to accept said deed subject to the Easement as described above; and WHEREAS, the approval and acceptance of the deed complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into this transaction pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Resolution No. 22, Series of 2004 1 ::4 Section 1. The Special Warranty Deed granting and conveying the Property to the Town is hereby approved and accepted by the Town. The Town Manager is hereby authorized and directed to execute and accept the deed, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers to be necessary or aYy...y~:ate in furtherance of this Resolution. Section 2. 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 the inhabitants thereof. INTRODUCED, READ, APPROVED AND ADOPTED this 7~ day of December, 2004. A ~ ~ SST: ;~ ~~ Loxel~ D aldson, Town Clerk ~ ~~ ~ `,~ o~. ~:~ ~i ~ . ~'Qy .o o; ~ ~''••.... G~~~ 1~~ti~,~~ ..~~~?~ Rodney Slifer, L Mayor, Town of Vail 2