HomeMy WebLinkAbout2019-30 IGA with Eagle County to Acquire and Manage 3785 Lupine Drive RESOLUTION NO. 30
SERIES OF 2019
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN EAGLE COUNTY, COLORADO AND THE TOWN OF VAIL, COLORADO
FOR ACQUISITION AND MANAGEMENT OF 3785 LUPINE DRIVE
WHEREAS, the County has an open space program which acquires and/or protects open
space throughout Eagle County;
WHEREAS, through its open space program, the County often collaborates with
municipalities, land trusts, adjacent counties and federal land management agencies to leverage
resources;
WHEREAS,the Town desires to protect open space and increase opportunities for restoration
of wetlands, Gore Creek and wildlife habitat for the benefit of citizens of Eagle County;
WHEREAS,the Town has entered into an agreement to purchase approximately 0.806 acres
known as 3785 Lupine Drive in Vail,Colorado and more fully described on(the"Property");
WHEREAS, the Property has long been identified in the Town's Open Lands Plan for
acquisition due to its unique location along Gore Creek;
WHEREAS,the Property contains a pond,wetlands,and wildlife habitat. It is also adjacent
to Gore Creek and the Town owned Vail Memorial Park and Katsos Ranch Open Space.The purpose
of the proposed purchase is to support the Town's goals of restoring Gore Creek, wetland
enhancement and restoration of the Property for open space. These goals are aligned with Eagle
County Open Space criteria related to sensitive lands and environments, scenic landscapes and
wildlife habitat;
WHEREAS,the Parties desire to enter into an agreement(the"IGA")to set forth the terms
related to the acquisition of the Property,as well as the preservation and restoration of the Property;
and
WHEREAS,the Council's approval of this Resolution is required to enter into the IGA.
NOW,THEREFORE,BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF
VAIL, STATE OF COLORADO:
Section 1. The Council hereby approves the IGA and authorizes the Town Manager to
enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form
approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
Resolution No. 30, Series of 2019
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Resolution No. 30, Series of 2019
INTERGOVERNMENTAL AGREEMENT
BETWEEN
EAGLE COUNTY,COLORADO
AND
TOWN OF VAIL,COLORADO
FOR
ACQUISITION AND MANAGEMENT OF 3785 LUPINE DRIVE
THIS INTERGOVERNMENTAL AGREEMENT(hereinafter"Agreement")is entered into
as of ,by and between the Eagle County,Colorado,a body corporate and
politic,("County")and the Town of Vail,a municipal corporation("Town").The County and Town
together shall be referred to as the"Parties".
WHEREAS,County has an open space program which acquires and/or protects open space
throughout Eagle County;and
WHEREAS,through its open space program,County often collaborates with municipalities,land
trusts,adjacent counties and federal land management agencies to leverage resources;and
WHEREAS,Town desires to protect open space and increase opportunities for restoration of
wetlands,Gore Creek and wildlife habitat for the benefit of citizens of Eagle County;and
WHEREAS,Town has entered into an agreement to purchase approximately 0.806 acres known
as 3785 Lupine Drive in Vail,Colorado and more fully described on Exhibit A(hereinafter the
"Property");and
WHEREAS,the Property has long been identified in the Town's Open Lands Plan for acquisition
due to its unique location along Gore Creek;and
WHEREAS,the Property contains a pond,wetlands,and wildlife habitat. It is also adjacent to
Gore Creek and the Town owned Vail Memorial Park and Katsos Ranch Open Space.The purpose of the
proposed purchase is to support the Town's goals of restoring Gore Creek,wetland enhancement and
restoration of the Property for open space.These goals are aligned with Eagle County Open Space criteria
related to sensitive lands and environments,scenic landscapes and wildlife habitat;and•
WHEREAS,the Parties desire to contribute to the acquisition,preservation and restoration of the
Property on the terms and conditions set forth herein.
AGREEMENT
NOW THEREFORE,in consideration of the mutual promises and covenants contained in this
Agreement,the Parties agree as follows:
1. Property Interest.Town has entered into a purchase and sale agreement dated May 24,2019
to acquire fee-title interest to the Property("Purchase Agreement"). County has no
objection to the form of Purchase Agreement.
2. Funding. Transaction costs,closing costs,expenses related to owning,maintaining,
managing and restoring the Property,as well as the purchase price of six hundred thousand
dollars($600,000),shall be paid as follows:
i. Subject to a recommendation of approval from the Eagle County Open Space
Advisory Committee and approval from the Eagle County Board of County
Commissioners,and subject to the conditions set forth below,County will
contribute three hundred thousand dollars($300,000)toward the purchase of
the Property.
ii. Town shall contribute three hundred thousand dollars($300,000)toward the
purchase of the Property.Town shall pay all other transaction and closings
costs as well as all other costs and expenses associated with owning,
maintaining,managing and restoring the Property.
3. Due Diligence and Conditions to Funding.
a. County.Notwithstanding anything to the contrary herein,County's contribution to
the purchase of the Property is subject to:
i. Review and a recommendation of approval of funding the purchase from the
Eagle County Open Space Advisory Committee;
ii. Review and approval of funding from the Eagle County Board of County
Commissioners;
iii. Due diligence review and approval by County which may include,but not be
limited to,review of survey or improvement location certificate,title
commitment and the status of title to the Property,appraisal,Seller's
disclosure statement,environmental,mineral and water matters,form of
restrictive covenant,and other associated resolutions and documents
associated with the transaction or closing on the Property.All due diligence
must be satisfactory to County as determined by County in its sole discretion.
Town will provide due diligence documents to County immediately upon
Town's receipt of the same to allow County an opportunity to review,object
and/or approve the same in accordance with the deadlines set forth in the
Town's Purchase Agreement. In the event the Town acquires the Property
prior to fulfillment of the terms and conditions hereof such acquisition is at
the Town's sole risk. If the purchase fails to meet any of the conditions of
this Agreement,County reserves the right to withhold or withdraw its
contribution;
iv. Town will record a restrictive covenant in substantially similar form
to Exhibit B,which is incorporated herein. The Parties intend to record the
restrictive covenant at closing and in no event later than August 15,2019.
b. Town. Town shall be entitled to conduct due diligence as it desires and in
accordance with its Purchase Agreement.
4. Land Management.
a. The Property will be owned by Town and Town shall be responsible for all costs and
expenses associated with ownership,operation and management of the Property upon
closing. The Town will file an application to re-zone the Property to Designated
Open Space upon closing on the Property and in no event later than September 1,
2019. Notwithstanding the foregoing,nothing in this Agreement constitutes pre-
approval by the Town of any zoning or other land use application related to the
Property.
b. Town will ensure that Eagle County's Open Space Program is acknowledged on any
signage that may be located on the Property and County will be given an opportunity
to review and comment on that signage prior to installation.
c. Town intends to implement wetland restoration and storm water management for the
benefit of the Property and Gore Creek.As the Town develops plans for such effort,
Town shall share such plans with County for its review and comment prior to
commencement of any project on the property.
d. Town will prepare a Land Management Plan in substantially similar form to Exhibit
C,which is incorporated herein. Both Parties will adopt the Land Management Plan
at closing. .
5. Miscellaneous Provisions.
a. The Parties agree to cooperate and coordinate any press or media associated with the
acquisition and improvement of the Property.
b. If any part,term,or provision of this Agreement is held by a court of competent
jurisdiction to be illegal or in conflict with any federal law or law of the State of
Colorado,the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the Parties hereto shall be construed and enforced as
if the Agreement did not contain the particular part,term or provision held to be
invalid.
c. Nothing in this Agreement is intended to create or grant to any third party or person
any right or claim for damages or the right to bring or maintain any action at law.
d. No party hereto waives immunity at law including immunity granted under the
Colorado Governmental Immunities Act.
e. This Agreement is intended as the complete integration of all understandings between
the Parties and constitutes the entire agreement between the Parties hereto.
f. Subject to the approvals that are required as set forth herein,the Parties hereto
represent that all funds necessary for compliance with the terms of this Agreement
have been or will be budgeted,appropriated and otherwise made available in
accordance with the terms hereof. Any financial obligations that may arise
hereunder,whether direct or contingent,shall only extend to payment of monies duly
and lawfully appropriated by the governing bodies of the Parties hereto.
Notwithstanding anything to the contrary herein,no payment will be made for any
period after December 315`of any calendar year without the written approval in
accordance with the a budget adopted by the respective Boards of the Parties in
compliance with the provisions of Article 25,Title 30 of the Colorado Revised
Statutes,and the Local Government Budget Law(C.R.S.29-1-101 et. seq.)and the
TABOR Amendment(Colorado Constitution,Article X,Section 20).
g. Any notices or other communications required or permitted to be given hereunder
shall be given and delivered personally,by US Mail or electronic mail to the attention
of the individuals below or to such other address as any party may designate by
written notice. Notice shall be deemed given on the date of personal delivery or
electronic mailing,or five(5)days from the date of mailing by U.S. Mail.
Notice to Eagle County:
Diane Mauriello,Open Space Manager
Post Office Box 850
500 Broadway
Eagle,CO 81631
Diane.mauriello@a,eaglecounty.us
With a copy to:
Bryan Treu,County Attorney
Post Office Box 850
500 Broadway
Eagle,CO 81631
Bryan.Treu@eaglecounty.us
Notice to Town of Vail:
Kristen Bertuglia,Environmental Sustainability Manager
75 South Frontage Road
Vail,CO 81657
KBertuglia@vailgov.com
with a copy to:
Matthew Mire
75 South Frontage Road
Vail,CO 81657
mmire@vailgov.com
h. Any provisions of this Agreement which require observance or performance after the
date of closing on the Property shall continue in force and effect following the
closing date.
i. The recitals set forth above are incorporated herein by reference.
IN WITNESS WHEREOF,this Agreement is executed and entered into the day and year
first above written.
TOWN OF VAIL, STATE OF COLORADO
By and through its Town Council
By:
Dave Chapin,Mayor
Attest:
Town Clerk
EAGLE COUNTY, STATE OF COLORADO
By and through its Board of County Commissioners
By:
Jeanne McQueeney,Chair
Attest:
Regina O'Brian,Clerk to the Board
EXHIBIT A
LOT 5,BIGHORN SUBDIVISION SECOND ADDITION,ACCORDING TO THE RECORDED PLAT THEREOF,
COUNTY OF EAGLE,STATE OF COLORADO.
EXHIBIT B
INSERT RESTRICTIVE COVENANT
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT("Covenant")is effective as of ,and is entered
into by and between Eagle County,Colorado,a body corporate and politic(hereinafter"County")and
Town of Vail,a home rule municipal corporation of the State of Colorado (hereinafter"Town"). County
and Town shall hereinafter be referred to individually as a"Party"and collectively as the"Parties".
RECITALS
WHEREAS,Town is the owner of a certain parcel of land that is approximately 0.806 acres,located in
the Town of Vail,County of Eagle, State of Colorado and legally described in Exhibit A,which is
attached hereto and incorporated herein by reference(hereinafter the"Property");and
WHEREAS,the Property has been identified in the Town's Open Lands Plan and is recognized by
County due to its sensitive landscape and environment;and
WHEREAS,County has agreed to contribute to the purchase of the Property and Town agreed to restrict
future development and use of the Property as set forth below.
AGREEMENT
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are
hereby acknowledged,Town makes the following acknowledgements and covenants for the benefit of
County and its successors and assigns:
1. Land Management.
a. The Town shall protect,maintain,manage and operate the Property solely as open space for the
purpose of maintaining,restoring and enhancing wetlands;maintaining,restoring and enhancing
Gore Creek;and maintaining,enhancing and restoring wildlife habitat.The Property will not be
used or operated for recreation or trails.
b. Town recognizes the importance of good resource management and stewardship and shall
employ good land management techniques in its management and operation of the Property
which may include measures to protect wildlife and noxious weed control on the Property.
c. Town is solely responsible for all costs and expenses associated with ownership,operation and
management of the Property.
2. Subdivision and Development Restricted.
a. The Property may not be subdivided.
b. There are currently no existing improvements on the Property except a pond,head gate,
ditch,fence,sanitary sewer easement and pump house as depicted on the Improvement
Survey Plat prepared by Peak Land Consultants,Inc. dated June 12,2019.Development
of the Property is not permitted;however efforts that support and enhance habitat,
restoration and enhancement of wetlands and Gore Creek,are permitted so long as the
Property's natural character and open space qualities are maintained.No other
improvements are permitted. County shall be entitled to review and comment regarding
any restoration,enhancement or other work planned for the Property,in advance.
c. The Town shall initiate and diligently pursue the process set forth in Section 13.11 of the
Vail Town Charter to classify the Property as Designated Open Space.
d. No roads shall be permitted on the Property.
e. No motorized use shall be permitted on the Property other than for property management
in compliance with paragraph 2.b.by the Town and its authorized agents.
f. Town may maintain,repair,replace or remove existing fences. Town may construct,
maintain,repair and replace new wildlife friendly fences on the Property.
g. Town may maintain,repair or replace existing utilities on the Property. Town may install
new utilities on the Property so long as such utilities are placed underground. Town will
revegetate and restore disturbed property to its condition similar to that existing prior to
the disturbance.
h. Town may place,maintain,restore and replace interpretative or regulatory signage on the
Property as well as signage recognizing the funders in the acquisition of the Property.
i. Town may prune or cut trees and other vegetation,and many manage trees,shrubs and
other vegetation to control insects and disease,to control invasive,non-native species,to
prevent personal injury and property damage,for access to and restoration of wetlands,
habitat and stream corridors.Further,Town may use agri-chemicals on the Property in
accordance with all applicable federal,state and local laws.Otherwise,the treatment,
permanent storage,disposal or release of hazardous materials on,from or under the
Property is prohibited.For the purpose of this Covenant,hazardous materials shall mean
any hazardous or toxic material or waste that is subject to any federal,state or local law
or regulation.Notwithstanding anything in this Covenant to the contrary,this prohibition
does not impose any liability on County for hazardous materials,nor does it make County
an owner of the Property.
3. Other Prohibited Uses.Town shall not engage in commercial or industrial operations on the
Property. No golf courses,ball or recreational fields or similar non-dispersed recreation shall be
permitted on the Property.
4. Mining.The exploration,mining or extraction of minerals,oils,gas,or other hydrocarbons,soils,
sands,gravel,rock or other materials on or below the surface of the Property by Town is prohibited
on the Property.
5. Subsequent Transfers of the Property. County provided funding through its Open Space Program
toward Town's acquisition of the Property;therefore any voluntary sale,conveyance,transfer,lease
or disposal of all or any portion of the Town's interest in the Property to a third party shall require
prior written approval from County and may require a refund to the County of its contribution,as
determined in its sole discretion. Notwithstanding any provision of this Covenant to the contrary,in
the event of any condemnation of the fee title,the requirements of this section shall continue to
apply. Failure of the Town to perform any act required by this section shall not impair the validity of
this Covenant.
6. Condemnation.If any portion of the Property is taken by condemnation,or by purchase in lieu of
condemnation,Town shall recover the full value of the interests in the Property subject to taking or
in-lieu purchase,and all damages resulting therefrom.Town and County shall share the amount
recovered such that County and Town shall each receive fifty percent(50%).
7. Land Use Approvals. Nothing permitted in this Covenant constitutes approval by any government or
regulatory agency for construction,development or land use,nor does any permit or approval
granted by a government or regulatory agency override the terms of this Covenant. Town shall be
solely responsible for obtaining all necessary approvals associated with the uses permitted herein.
8. Enforcement.The Parties acknowledge and agree that monetary damages would not be sufficient to
compensate County,for any breach hereof by Town or its successors and assigns. Should Town or its
successors,assigns or any occupant of the Property breach or threaten to breach the terms and
conditions of this Covenant,then County shall have the express right(but not the obligation)to
enforce the provisions hereof and may exercise all rights and remedies at law or in equity,to which it
may be entitled on account of such breach,including without limitation,the right to action for
damages,specific performance of this Covenant and/or injunctive relief including obtaining a
temporary restraining order.Any party having the right to enforce this Covenant shall not be liable
for failure to enforce it.
9. Further Assurances. The Parties hereto further agree to execute such other documents and
instruments as are or may become necessary or convenient in order to effectuate and carry out the
objectives of this Covenant.
10. No Waiver.The failure of any Party to require performance of any provision of this Covenant shall
not be deemed a waiver of any rights or remedies that said Party may have,and shall not limit the
Party's right to enforce the provision in the future.Waiver of any breach of any provision shall not
be deemed a waiver of any succeeding breach of the provision or a waiver of the provision itself or
any other provision.
11. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)
personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid
certified mail return receipt,or(iii)when delivered by FedEx or other comparable courier service,
charges prepaid,to the parties at their respective addresses listed below,or(iv)when transmitted via
e-mail with confirmation of receipt. Either party may change its address for purposes of this
paragraph by giving five(5)days prior written notice of such change to the other party.
COUNTY:
Eagle County,Colorado
Attention: Diane Mauriello
500 Broadway
Post Office Box 850
Eagle,CO 81631
Telephone: 970-328-8698
E-Mail: Diane.Mauriello@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle,Co 81631
Telephone: 970-328-8685
Email: atty@eaglecounty.us
TOWN:
Town of Vail,Colorado
Attention: Kristen Bertuglia
75 South Frontage Road
Vail,CO 81657
Telephone: 970-477-3455
Email: Kbertuglia@vailgov.com
12. Subordination. The Property is not subject to any mortgages or liens at the time of grant of this
Covenant,and thus no subordination is necessary.No provisions of this Covenant shall be construed
as impairing the ability of Town to use the Property as collateral for subsequent borrowing,provided
that any mortgage or lien arising from such borrowing shall be subordinate to this Covenant.
13. Drafting.The Parties acknowledge that this Covenant has been negotiated at arm's length and in
good faith,and that each Party has been given the opportunity to be represented by independent legal
counsel,and that this Covenant is the result of mutual agreement and negotiation,and shall not be
deemed to have been drafted solely by any Party and the Parties hereby waive the benefit of any rule
of contract interpretation or construction requiring that the same be construed against the drafting
party in the event of ambiguity.
14. Third Party Beneficiaries. This Covenant is entered into for the sole benefit of the Parties,and no
other parties are intended to be direct or indirect beneficiaries of its provisions and no third party
shall have any rights in,under,or to this Covenant.
15. Run with the Land. This Covenant and the terms,conditions and other provisions hereof shall be
covenants that run with and bind the Property and shall be binding on Town and its successors and
assigns.This Covenant shall be recorded in the real property records of Eagle County,Colorado and
shall be enforceable by County.The provisions of this Covenant shall be set forth or referenced in
any lease or deed pertaining to the Property executed on or after the date hereof.
16. Severability. Whenever possible,each provision of this Covenant shall be interpreted in such a
manner as to be valid under applicable law;provided however,if any provision of this Covenant
shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of
such invalidity or prohibition without invalidating the remaining provisions of this Covenant.
17. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this
Covenant,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,
which shall be the sole and exclusive forum for such litigation. This Covenant shall be construed
and interpreted under and shall be governed by the laws of the State of Colorado.
18. Counterparts. This Covenant may be executed in several counterparts,each of which shall be fully
effective as an original,but all of which together shall constitute one and the same instrument.
19. Headings. Paragraph headings within this Covenant are inserted for convenience only and are not
intended to and shall not govern,limit or aid in the construction of any terms or provisions contained
in this Covenant.
20. Modification.The Parties agree that any modifications of this Covenant shall be effective only when
made in writing signed by the Parties or their successors and assigns and recorded with the Clerk and
Recorder of Eagle County,Colorado.
21. Rule Against Perpetuities. The Parties intend that this Covenant and the covenants,duties,
obligations,rights and remedies shall not be subject to the rule against perpetuities.
22. Liability and Immunity.Town assumes all liabilities associated with the ownership,operation and
management of the Property.Notwithstanding the foregoing,Town and County agree and understand
that each is relying on and does not waive,by any provisions of this Agreement,the monetary
limitations or terms or any rights,immunities,and protections provided by the Colorado
Governmental Immunity Act,C.R.S. §24-10-101 et.seq.,as from time to time amended or
otherwise available to each party or any of its officers,agents,or employees.
23. Force Majeure. Notwithstanding anything to the contrary stated herein,Town shall not be obligated
to send any prior notice to County,and County shall not be entitled to bring any action against Town,
with respect to any prudent,good faith activity undertaken by Town to prevent,abate or mitigate
injury to the Property immediately before,during,or immediately following fire,flood,storm,earth
movement,acts of war and similar causes beyond the control of Town.Town will promptly inform
County of injury to the Property caused by such events or actions.
IN WITNESS WHEREOF,the parties have executed this Covenant the day and year first set forth above.
EAGLE COUNTY,COLORADO
By and through its Board of County Commissioners
By:
Jeanne McQueeney,Chair
Attest:
Clerk to the Board
Town of Vail,Colorado:
By and through its Town Council
By:
Attest: Dave Chapin,Mayor
Clerk to the Town Council
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 5,BIGHORN SUBDIVISION SECOND ADDITION,ACCORDING TO THE RECORDED PLAT
THEREOF,COUNTY OF EAGLE,STATE OF COLORADO.
EXHIBIT C
INSERT LAND MANAGEMENT PLAN
LAND MANAGEMENT PLAN
FOR
BIGHORN SUBDIVISION 2nd Addition Lot 5
3785 Lupine Drive,Vail, CO 81657
The Town of Vail (the "Town") is the current owner of the Lupine Drive property (the "Property")
legally described as the Bighorn Subdivision 2nd Addition, Lot 5, known as 3785 Lupine Drive, in
Vail,Colorado,81657.
The Town agreed to purchase the Property in cooperation with Eagle County. This management
plan (the"Plan")has been reviewed and approved by Eagle County and the Town,who together are
referred to as the"Funding Partners."
The purpose of the purchase is to preserve and protect the preservation of open space, relatively
natural habitat of wildlife and plants, and the restoration of Gore Creek, all of which will yield a
significant public benefit.
The Town intends to employ sound management and land conservation practices to protect its
wildlife habitat and to preserve the Property in a natural, scenic, and open condition. The Town
also intends to take the following actions,which are consistent with the terms and conditions of the
partnership of the Funding Partners.
Overall Management
• The Town shall protect,maintain,manage and operate the Property solely as open space for
the purpose of maintaining, restoring and enhancing wetlands; maintaining, restoring and
enhancing Gore Creek; and maintaining,enhancing and restoring wildlife habitat.
• The Town shall conduct site visits and survey the Property on a regular basis to notice any
changes, pick up any found inorganic debris, and take reasonable steps to address any
changes that are noticed that adversely impact the Property's natural condition.
Land Management
• The Town recognizes the importance of good resource management and stewardship and
shall employ good land management techniques in its management and operation of the
Property which may include measures to protect wildlife and noxious weed control on the
Property.
• The Town intends to control weeds on the Property, including but not limited to, those
weeds required to be controlled in accordance with the state of Colorado's noxious weed
lists and the Town's Weed Management Plan, if applicable. Weed control may be through
cultural, mechanical, biological or chemical methods, as appropriate for the target weed
species. If pesticides or herbicides are applied, the Town will only use chemicals approved
for the intended application, and will use them in accordance with the specific labeling
instructions to comply with state law. The Town will monitor the Property to ensure that
weed control efforts, if necessary, are successful and that new populations do not become
established.
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• Unless specific natural resource problems arise, the Town intends to allow natural
processes to take place unimpeded. Biological patterns of disturbance and succession,
wildlife use and migration, and natural hydrology will be protected. The Property is in the
habitat zones for migratory birds, deer, bear, boreal toads, water fowl, fish, and other
species. A primary goal of management is to protect this habitat.
Public Access and Trails
• The Property will not be operated for recreational use,including trails,dog parks,fishing or
boating access.
Habitat,Riparian Corridor and Site Restoration
The Town shall protect and maintain the riparian features on the Property from being degraded or
negatively impacted by humans, flooding, wildlife, and any other activities. Maintenance and
enhancement of these areas will be performed in accordance with the requirements of Section 404
of the Clean Water Act, as applicable. Any restoration activities will be designed by a licensed
wetland and or stormwater engineer or hydrologist and will be implemented in order to enhance
the ecological services of the Property,including habitat support,stormwater filtration,erosion and
flooding prevention,and vegetation enhancement.
Signage
The Town may create and install signs that are tasteful,unobtrusive to the natural landscape where
appropriate or required by separate agreements between Town and Funding Partners.
Trash Cans,Picnic Tables,Benches
None will be permitted.
Educational Programming
The Town and Eagle County with permission from the Town may conduct limited educational visits
for the purposes of demonstration of a healthy riparian restoration project.
Adopted this day of July,2019.
TOWN OF VAIL
By:
Patty McKenny,Interim Town Manager
EAGLE COUNTY
By:
Jeanne McQueeney,Chair
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