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11-01-10 Town Council Packets oe.4 O ct io at SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA NOVEMBER 1, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:30 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: SECOND READING ORDINANCE NO. 17, SERIES OF 2010 AMENDING THE 2010 BUDGET AN ORDINANCE AMENDING THE 2010 BUDGET FOR ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE (Time: 10 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Second Reading of Ordinance No. 17, Series of 2010. --Marianne Rakowski ...........................Page 1 (TAB A) Item No. 5: TRANSIT CENTER JOINT OPERATING AGREEMENT (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Review the agreement and approve to be executed or do not approve, or request changes before authorizing the signature of the agreement. --Russ Forrest ...........................Page 5 (TAB B) I tem No. 6: MANAGER'S REPORT (Time: 10 minutes) --Russell Forrest ...........................Page 50 (TAB C) Item No. 7: AGENDA FOR NEXT TOWN COUNCIL MEETING November 15, 2010 Page 52 (TAB D) Item No. 8: APPROVAL OF MEETING MINUTES FOR: October 4, 2010 October 7, 2010 Page 54 (TAB E) Item No. 9: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS 11-01-10 TC Page 2 of 2 Page 63 (TAB F) Item No. 10: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 1 hour (excluding items 1-3 and 9 —10) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: Marianne Rakowski, Finance Director Russ Forrest, Town Manager DATE: November 1, 2010 SUBJECT: Second Reading of Ordinance No. 17, Series of 2010 Amending the 2010 Budget for all funds of the Town of Snowmass Village I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance amending the 2010 Budget for all funds of the Town of Snowmass Village II. BACKGROUND Per the Home Rule Charter, the Town Council adopts the budget by resolution, but any amendments to the original budget must be by ordinance. This ordinance amends the 2010 budget and,authorizes the appropriation of those funds. The Financial Advisory Board reviewed the budget on September 8, 2010 and recommends adoption of the 2010 revised budget. 2010 General Fund Budget Summary 2010 revised operating revenues are projected lower than budget by $548,628. The revised revenues reflect a decrease in RTA service contract, building and planning department fees, solid waste revenues, interest income and transfers in. 2010 revised expenditures are projected lower than budget by $185,154 as a result of lower fuel costs, utilities and personnel costs. The 2010 revised budget is projected to end the year with an additional $291,420 in fund balance due to the additional year end carryover from 2009. Road Fund 2010 revised expenditures were changed to reflect actual road work completed or expected to be completed in 2010. 10 -17 Page 2 III. STAFF RECOMMENDATION Adoption of Ordinance No. 17, Series of 2010. Note: Copy of the 2010 revised budget is available at the Town Clerks office. SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 17 SERIES OF 2010 AN ORDINANCE AMENDING THE 2010 BUDGET FOR ALL FUNDS FOR THE TOWN OF SNOWMASS VILLAGE. WHEREAS, the Town Manager, has submitted a 2010 Revised Budget; and WHEREAS, the 2010 budget, revenues and expenditures have varied from budgeted amounts; and WHEREAS, planning and building department fees, transportation parking fees and transfers in from other funds are revised lower than budgeted and General Fund expenditures were revised lower due to decreases in personnel costs, dump fees and utilities; and WHEREAS, the Town of Snowmass Village Home Rule Charter requires adjustments to the budget when circumstances change relating to the budget. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One Revised Budget That the Town of Snowmass Village 2010 budget be adjusted to the 2010 revised budget, as summarized below and a true and accurate copy of which is attached hereto. lc st +rM a ii a xv t f. t tlu y t �Wn� O�3tfy ;Snt� x.7) t{ 1 b} f t i a I A 'll YFunds Budget 5ummnry� �20I0'� Revised 2010 Revenues Adopted Budget Revised Budget Variance General Fund 12,387,634 11,839,006 (548,628) Debt Service Fund 2,040,635 1 (53,882) Lottery Fund 21,605 19,830 (1,775) RETT Fund 1,663,613 1,555,765 (107,848) Road Fund 2,941,889 2,831,987 (109,902) Excise Tax Fund 2,460,600 4,019,072 1,558,472 Marketing Fund 3,154,000 3,149,836 (4,164) Group Sales Fund 1,091,007 1,012,538 (78,469) CIP Fund 30,000 (30,000) Reop Fund 34 34 Housing Fund 1,243,260 1,243,397 137 Mtn View I Fund 1,001,160 974,976 (26,184) Mtn View II Fund 245,415 239,693 (5,722) TOTAL 28, 280, 818 28, 872, 887 592,069 10 -17 Page 2 2010 2010 Expenditures Adopted Budget Revised Budget Variance General Fund 12,646,839 12,461,685 185,154 Debt Service Fund 2,040,635 1,986,074 54,561 Lottery Fund RETT Fund 2,248,012 2,138,407 109,605 Road Fund 2,914,401 2,942,120 (27,719) Excise Tax Fund 1,500 2,950,165 (2,948,665) Marketing Fund 3,150,000 3,322,029 (172,029) Group Sales Fund 1,207,733 1,189,843 17,890 CIP Fund 30,000 30,000 Reop Fund 22,350 (22,350) Housing Fund 1,216,315 1,163,166 53,149 Mtn View I Fund 932,240 931,390 850 Mtn View II Fund 199,626 197,417 2,209 TOTAL Funds 26,587,301 29,304,646 (2,717,346) Section Two Appropriation That the 2010 revised budgeted revenue is hereby appropriated for expenditure during the 2010 budget year. Section Three Effective Date This Ordinance shall become effective upon adoption in accordance with Article X, Section 9.11 (e) of the Home Rule Charter. INTRODUCED, READ AND ADOPTED on first reading by the Town Council of Snowmass Village, Colorado on the 18th day of October, 2010 with a motion made by and seconded by and by a vote of in favor to opposed. INTRODUCED, READ AND ADOPTED on second reading by the Town Council of Snowmass Village, Colorado on the 1 st day of November, 2010 with a motion made by and seconded by and by a vote of in favor to opposed. A roll call was taken, those in favor were those opposed were TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon, Town Clerk TO: Snowmass Village Town Council FROM: Russ Forrest, Town Manager DATE: November 1, 2010 SUBJECT: Transit Center Joint Operating Agreement 1. Purpose The Town Council is requested to review the attached draft "Transit Center Joint Operating Agreement (Attachment A)." This agreement is intended to provide access for bus operations in the Transit Center. It also articulates the commitment of the Base Village Metropolitan District to operate the facility and the responsibilities of the Town to manage bus operations in the facility. 2. Background, The following documents speak to expectations for running and managing the transit facility at Base Village: "Development Agreement (Building 7 Essential Public Facility)" in section 1.7 discusses the responsibility of operation of the transit facility and the expectation that the Metropolitan District and the Town will execute a "Joint Operating Agreement" (See attachment B). Also included in this attachment are several letters from the legal counsel for the Base Village Metropolitan District responding to questions from the Town related to Building 7 as it was being discussed as part of a PUD amendment for Buildings 8 and 7. Base Village Owner, LLC entered into to a "Garage, Loading Dock and Transit Center Easement Agreement" with Base Village Metropolitan District No.1 in 2008. It is staff's understanding, that the receiver for Base Village, acting as the owner of the subject property, is intending to execute a lease with the Base Village Metropolitan District on October 27th to operate the transit facilities which provides the District the authority along with the easement (Attachment C) to execute the Joint Operating Agreement. This easement According to Paragraph 5 of the easement agreement states: "It is expressly acknowledged and agreed that the District shall have the right and authority to assign the Easement to any appropriate local governmental entity or to any public utility provider, including, but not limited to, all rights to use, and all obligations associated with, the Easement as are granted to and assumed by the District herein, subject to such assignee assuming the obligations set forth herein." (See Attachment C). Also attached is the "Amended And Restated Consolidated Service Plan for Base Village Metropolitan District Service Plan No. 1 and No. 2." This Plan outlines the responsibilities of the Base Village Metropolitan District No. 1 and No 2. Staff has provided excerpts from this document related to transit facilities (Attachment D). The Town Clerk has the full copy. The Base Village Metropolitan District based on the above mentioned previous agreements and in the proposed Joint Operating Agreement is responsible for paying for the maintenance and operation of the transit facilities. The District also takes responsibility for the maintenance and operation of the vertical circulation in the proposed Joint Operations Agreement. The Town is responsible for the bus operations in this facility and costs associated with the transit office as outlined in Section 2 of the proposed Joint Operations Agreement. Staff has reviewed the proposed Transit Center Joint Operating Agreement and believes it is generally consistent with the above stated understandings for the use of the facility. 3. Action Requested of Council The Town Council is requested to review the Transit Center Joint Operating Agreement and to either: 1) Approve the agreement to be executed; 2) Not approve the agreement; or request changes in the document before authorizing the signature of the agreement. ATTACHMENT "A" Page 1 of 13 TRANSIT CENTER JOINT OPERATING AGREEMENT This Transit Center Joint Operating Agreement "Agreement is entered into as of the day of 2010, by and between BASE VILLAGE METROPOLITAN DISTRICT NO. 1 (the 'District a quasi municipal corporation and a political subdivision of the State of Colorado, and the TOWN OF SNOWMASS VILLAGE, COLORADO, a home rule municipality of the State of Colorado (the "Town (individually may be referred herein to as a "Party," and collectively may be referred to herein as the "Parties RECITALS WHEREAS, the District was organized pursuant to the Special District Act of the Colorado Revised Statutes for the purpose of constructing, operating and maintaining public improvements; and WHEREAS, the Town was formed under a charter adopted in 1977; and WHEREAS, the developer of the Snowmass Base Village project, Base Village Owner, LLC (the "Project" and "BVO," respectively) has constructed or is in the process of constructing certain facilities within the Project to be used for public transportation, as generally depicted on the map and accompanying descriptions set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "Transit Center and WHEREAS, certain elements of the Transit Center (denoted the "Metro District Transit Center Facilities" in Exhibit A) are expected to be conveyed to the District by BVO; and WHEREAS, until such time as the Metro District Transit Center Facilities are conveyed to the District, BVO shall lease the Metro District Transit Center Facilities to the District; and WHEREAS, the District is to have the primary responsibility for the operations and maintenance of the Metro District Transit Center Facilities; and WHEREAS, the Town is to have the right to manage bus operations within the Metro District Transit Center Facilities, for the benefit of the public; and WHEREAS, the Parties desire to provide the operations and maintenance by the District of the Metro District Transit Center Facilities, and the management of bus operations by the Town, and for other matters of mutual benefit to the Town and the District in relation thereto; and WHEREAS, pursuant to Colo. Const. Art. XIV, Sec. 18(2), and 29 -1 -201, C.R.S., political subdivisions and governments such as the District and the Town are permitted and encouraged to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and each may cooperate and contract with each other to provide any function, service or facility lawfully authorized to each and any such contract may provide for the joint exercise of the function, service or facility; and 0711:0300:30954920 ATTACHMENT "A" Page 2 of 13 WHEREAS, the District and the Town have each independently determined that it is in the best interests of their respective users to enter into this Agreement for the shared funding of the Project, as more particularly provided herein. NOW, THEREFORE, for and in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein stated, the Parties agree as follows: COVENANTS AND AGREEMENTS 1. Obligations of District for Operation and Maintenance of Metro District Transit Center Facilities The District shall be responsible for the operation and maintenance of the Metro District Transit Center Facilities (with the exception of those functions to be performed by the Town under Paragraph 2 hereof), commencing on the date of this Agreement. These responsibilities shall include snow ,ice, and trash removal, operation of the elevators and escalators and maintaining safe public access from the bus bays through building 7 and to the Base Village Plaza. Notwithstanding the foregoing, the District's obligations with respect to the Transit Office and Transit Office utility infrastructure shall be limited to maintaining the structural integrity of such facilities, and the District shall not be responsible for the costs of any heating, electrical, signage, security cameras, trash removal, and other normal operations and routine maintenance of the Transit Office and Transit Office utility infrastructure. The District's operation and maintenance responsibility is subject to requirements and limitations of the Colorado Budget Law, availability of funds, and the terms of existing agreements. 2. Obligations of Town for Operating Costs The Town shall be responsible for the operations and maintenance costs of the 100 square foot Transit Office (identified on Exhibit A), utilities to the Transit Office, including any heating, electrical, signage, security cameras, Transit Office trash removal, and other normal operations and routine maintenance. Any additional signage installed by the Town or at the Town's request shall be maintained by the Town except signs pursuant to the Base Village sign plan The Town, in its sole discretion, may also staff the Transit Office. If the Town staffs the Transit Office it will do so at its expense and handle all employee matters. 3. Rights and Obligations of Town with Regard to Bus Operations Town will manage bus operations (scheduling, route information, route signage, use of bays by buses) in the Metro District Transit Center Facilities to carry out the Public Transportation Purposes. The Town shall have clear unobstructed use of the bus bays in the Metro District Transit Center Facilities. The term "Public Transportation Purposes" shall mean the use of the Transit Center Facilities by members of the general public by Town of Snowmass Village shuttles and Roaring Fork Transportation Authority buses. Other uses by any user other than Town of Snowmass Village or Roaring Fork Transit Authority of the bus bays are not permitted unless allowed by written consent from the Town of Snowmass Village. 4. Term and Termination This Agreement may be terminated: 1) by either Party in accordance with Section 5 below; or 2) upon 90 days written notice from the Town to the District stating that the conditions of Section 3 above have not been met. The District does not 0711:0300:30954920 2 ATTACHMENT "A" Page 3of13 intend hereby to create a multiple fiscal year direct or indirect debt or other financial obligation whatsoever. The performance of those obligations of the District hereunder requiring budgeting and appropriation of funds are subject to annual budgeting and appropriations. 5. Events of Default /Cure and Remedies In the event of a breach of any material term of this Agreement by either Party (which shall include failure to provide for operations and maintenance functions and payment of the costs thereof as set forth in Paragraph 2) written notice must be provided to the breaching Party in accordance with Section 6. The breaching Party shall have 30 days to cure. A longer cure period may be allowed if both Parties agree. In the case of circumstances constituting health and safety hazards, the cure period shall be 10 days. The failure of either Party to cure a breach within the cure period shall constitute a default for which the Parties shall have the remedies described in Section 10 herein. If a violation by either Party continues after a total of thirty (30) days from the date of the notice, then the other Party, at its election and without obligation to do so, may undertake the obligation defaulted on by the other Party, and upon demand shall be reimbursed for all costs and expenses, including reasonable attorneys' fees, incurred in determining to exercise this remedy and in its actual exercise. 6. Notices All notices required or permitted to be given hereunder shall be in writing and shall be effective upon personal delivery, fax, or three (3) business days following deposit of the notices in the United States Mail, postage prepaid and addressed as follows, or to such other address designated by a party upon notice as hereinabove provided: To the District:: White, Bear Ankele Professional Corporation William P. Ankele, Jr. 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 (303) 858 -1800; (303) 858 -1801 (fax) To Town: R. Hunt Walker, Director Snowmass Village Public Works Department 130 Kearns Road Snowmass Village, CO 81615 (970) 923 -5110 ext. 300; (970) 923 -3794 (fax) 7. Amendment This Agreement cannot be amended or modified except by a writing executed by the Parties. 8. Applicable Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Colorado. 9. Waiver No failure by any party to insist upon the strict performance of any agreement, term, covenant, or condition hereof or the exercise of any right or remedy consequent upon any default, and no acceptance of full or partial performance during the continuance of any 0711:0300:30954920 3 ATTACHMENT "A" Page 4 of 13 such default, shall constitute a waiver of any such default of such agreement, term, covenant, or condition. 10. Remedies/Venue In the event of a default of this Agreement, the Parties shall have such legal and equitable remedies as may then be available under the laws of the State of Colorado, and otherwise as expressly set forth in this Agreement. Venue for any action brought to enforce the terms hereof shall be in the Pitkin County District Court. In addition, the Town may perform the District's operation and maintenance duties in the event of a breach, if the breach is not cured following proper notice as set forth herein, within the applicable period, and bill the District the reasonable costs for such operation and maintenance. 11. Attorneys' Fees In the event of any dispute between the Parties arising out of this Agreement, each Party shall be responsible for its own attorneys' fees. 12. Assignment; Delegation Except as expressly set forth herein or as contemplated hereby, neither this Agreement, nor any of the parties' rights, obligations, duties or authorities hereunder may be assigned or delegated in whole or in part by any party without the prior written consent of the other parties, which consent shall not be unreasonably withheld. Any attempted assignment or delegation in violation of the foregoing shall be deemed void. 13. No Third Party Beneficiaries None of the terms, conditions or covenants in this Agreement shall give or allow any claim, benefit, or right of action by any person or entity other than the parties hereto. Any other person or entity affected by this Agreement shall be deemed an incidental beneficiary. 14. No Personal Liability of Board Members and Officers No individual who is a director and /or officer, or elected official of any Party shall be subject to personal liability to any person or entity in connection with the performance or non performance of any of the obligations of the Parties hereunder. 15. Severability If this Agreement, or any portion of it, is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 16. Counterpart Execut This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which, when taken together shall constitute a single agreement. 17. Entire Agreement This Agreement constitutes the entire understanding between the parties with respect to the matters set forth herein, and all prior agreements or understandings with respect to the subject matter hereof are deemed merged herein. 18. Insurance During the Term of the Agreement, the Town shall carry, in accordance with the requirements of this Section, insurance for its bus operations covering liability and property damage for death or bodily injury in any one occurrence in a combined 0711:0300:309549 4 ATTACHMENT "A" Page 5 of 13 single limit sum of not less than $1,500,000 per accident /occurrence, with companies acceptable to the District which are authorized to do business in the State of Colorado and are governed by the regulatory authority which establishes maximum rates in the vicinity. Evidence of the existence of such policies shall be delivered to the District in the form of a certificate of insurance providing, among other things, that the insurance coverage may not be cancelled without thirty (30) days' prior written notice to the District. Such insurance shall be primary and non contributing with any similar coverage carried by the District. The District and any parties designated by the District shall be named as an additional insured and as a loss payee under the insurance the Town is required to provide under this Agreement and the insurance company shall provide applicable waivers of subrogation. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year written above. BASE VILLAGE METROPOLITAN DISTRICT NO. 1 President Date ATTEST By: Secretary 0711:0300:30954920 5 ATTACHMENT "A" Page 6 of 13 TOWN OF SNOWMASS VILLAGE, COLORADO Date By: Title: ATTEST By: Clerk APPROVED AS TO FORM By: Town Attorney 0711:0300 :30954920 6 ATTACHMENT "A" Page 7 of 13 EXHIBIT A Metro District Transit Center Facilities (including transit office) 0711:0300:30954920 ATTACHMENT "A" Page 8 of 13 Jill co Q 111i CL ti .t w j� M u R •`3 3�• a E 1 yy t 1 —1 0 0 z z zg 0 E "s U 0 6 y 0:5 Q O J 4 0 p °a F 0 o z R O 4 �_1 ATTACHMENT "A" Page 9 of 13 uj e J ru 73E O A f L. w Oz OE N 5 iEa 4 F ry r 13 ki S d w °v O V1 1 6 ��l A A g., 4 e (tu': fl s d U ijt 2 �E m, r �r a s r .p iV7 7 2� w 0 0 0 0. o o t f o o f o v 2� r »l 4 y z a o r ƒ.\ :w 2 i g a o m a a 6 0 o 2 ?<z. y :f w t,,- w \d 0 0 o o. o o :d�::< /t o t� o y x \.»Z 4 `i i a i Z d� i \m »...a p .ay :y y. 2� a:. �o A o 4 0 o K,,- 2 y a. 9 A 9 ,p a ƒ i �o y C. y w y y y x: r g y\ a \y o y g ?2 o f o �``!Z\ o a e� �a w ATTACIRIENT "B" Page 1 of 16 DEVELOPMENT AGREEMENT (Building 7 Essential Public Facility) TINS DEVELOPMENT AGREEMENT (this Agreement! is made effective as of the day of February, 2009 among BASE VILLAGE OWNER LLC, a Delaware limited liability company BVO and the TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation (the Town WHEREAS BVO owns that real property situated in the Town commonly known as Lot 3, Base Village P.U.D. Final Plat according to the Plat thereof filed February 2, 2006 as in Plat Book 77 at Page 31 (the "Plat") of the records ofPitkin County, Colorado (the "Pro ert and WHEREAS the Town Council has approved by Ordinance No. 21 Series of 2004 (the Ordinance the frtaal Plat, including a P.U.D. Guide (the PUD Guide and WHEREAS the Town Land Use and Development Code (the Code authorizes the execution of "development agreements" by the Town. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows; 1. Conditions of Approval for Building 8 BVO agrees to perform the obligations set forth in Section 1.2 through Section 1.8 (the BVO Undertakings which are conditioned on the Town Council approval of Building 8 Minor PUD Amendment, and the Town Council approval of the Building 9 lot split (the Building 8 Approvals The parties expressly acknowledge and agree that the.Building 8 Approvals are not conditioned on the performance by BVO of the BVO Undertakings, but rather that the performance by BVO of the BVO Undertakings are conditioncd on the receipt of the Building 8 Approvals. The BVO Undertakings, are acknowledged and agreed to have been voluntarily offered by BVO and are self imposed by BVO in order to provide an .enhanced use and value of the Property, such BV0 Undertakings are commitments that BVO desires to make to secure an essential public feature of the Base Village development (specifically to provide for a safe and secure arrival area to the Base Village development), to protect the public safety and welfare, to provide a benefit to the public at large (and not just to benefit BVO as the developer of the Property), and to induce the Town to grant the Building 8 Approvals. The Town Council will either grant or deny the Building 8 Approvals based upon the Town's exercise of its police powers and will not grant or deny the Building K Approvals conditioned on the perforlvanice of nonperformance of the BVO UndertWdngs by BVO. The action of the Towp in entering into this Agreement is based upon the understanding that the intent and spirit of the police power objectives of the Town relative to the Property are embodied in the development with the BVO Undertakings, and the Town is thus achieving its police power objectives and has not, by this Agreement, bargained away or otherwise 10022159 LDOC 1111 ATTACHMENT "B" Page 2 of 16 compromised any of its police powers, and this Agreement does not purport, either irnpliedly or expressly, to restrict or in any way interfere with the exercise of the Town's police powers as the final zoning authority for the Town. of Snowmass Village. 1.1 BVO has completed the construction and installation of the transit center within the ,garage for the Base Village P.U.D. (the Transit Center in accordance with the May 2006 garage permit plans set and Record of Decision No. 7 (the Garage Plans and the Transit Center has been inspected by the Town and the Town has issued a certificate of occupancy for the Transit Center. 1.2 BVO will provide vertical circulation from the bus stop in the parking garage located in what is currently referred to as the "Transit Center" area of Arrival Level P3 to the Village Level of Base Village within the footprint of Building 7 Interim Building 7 The Interim Building 7 will consist of the following as more fully described in the plans (the Plans which are attached as Exhibit A in addition to any other specifications or construction details set forth in Exhibit A: (a) The following items,, which are required to be provided in accordance with the Garage .Plans: (i) Radiant heating system for passengers waiting areas within the Transit Center at Arrival Level P3 shall be provided by BVO according to a design to be approved by Town.located adjacent to each bus bay. (the Heating System (b) The following items, which were agreed upon between the Town and IntrawestlBrush Creek Development Company, LLC but were not formally documented prior to BVO's acquisition of the, Base Village P.U.D,. (i) The Transit Office (which may be relocated away from the parking entry gate as long as the relocation permits the Transit Center operator to observe the activities within the Transit Center) comprising no less than 96 square feet with an entry door, window, lay -in ceiling, heat, outlets, ventilation, painted drywall and painted cinderblock walls, and with a data line for Town supplied CCTV and other Internet services, including consent by BVO granting authorization to the Town to install an antenna for radio or other communications (the Transit Office and (ii) Conduit, stub connections and access to a distribution panel for power for the Town supplied variable messaging system and signage. as shown on Exhibit A Transit Office Utility Infrastructure (00221591 J)OC 11)2 ATTACHMENT "B" Page 3 of 16 (c) The following items, which BVO and Town have agreed upon, to enhance the vertical circulation and functionality of the Transit Center and Interim Building 7 (the Building 7 Vertical Conveyance (i) A series of two escalators which will be installed between Arrival Level P3 and the Village Level, with the two escalators to be operated to move in one direction at a time (and capable of reversing directions, depending on the time of day); (ii) A stair from Arrival Level P3 to the Village Level to provide additional public circulation; and (iii) Two (2) public elevators from Arrival Level P3 to the Village Level. (d) The following items, which BVO and Town have agreed upon, to enhance the arrival experience of users of the Transit Center and Interim Building 7 (the Building 7 Amenities (i) The public restrooms within the interior space at Arrival Level P3 of the Transit Center; (ii) Day skier lockers on the bus stop level of the Transit Center, similar to the Town approved plans for Building 7; (iii) Temporary landscaping between Building 7 and Building 2C as approved in the Interim Building 7 PUD amendment (the Temporary Landscaping (iv) Exterior fagade for Building 7 Arrival Level P3 to the Village Level and exterior treatments along the wall located between Building 7 and Building 2C (the Exterior Fagade and (v) A $50,000.00 contribution for public art within the Town of Snowmass Village. Scope and location of the public art to be mutually agreed upon between the Town, SAAB and BVO. Said contribution will be provided to the Town by the B7 Completion Date.. (A) Transit related amenities, including benches, ski racks and trash receptacles to make the Transit Center fully functional and ready for use by December 17, 2009. (vii) BVO grants authority to the Town to install, maintain and operate an antenna within Base Village in perpetuity. BVO will install chase and conduit for said antenna. {00221591.DOC 1 )3 ATTACHMENT "B" ?age 4 of 16 (e) The Transit Center, the Heating System, the Transit Office and the Transit Office Utility Infrastructure, the Building 7 Vertical Conveyance, and Building 7 Amenities (but excluding the Temporary Landscaping and the Exterior Facade) (collectively, these improvements are referred to as the Metro District Transit Center Facilities will be conveyed to Base Village Metropolitan District No. 1 (the Metro District subject to the obligations of the Metro District and the rights of the Town as provided in Section 1.7 hereof. 1,3 BVO will build Interim Building 7 according to the Plans which are detailed further in Exhibit A Conceptual renderings of the exterior of Interim Building 7 are attached as Exhibit C 1.4 BVO will finish Interim Building 7 and the Transit Center at Parking Level 3 will be operational, as demonstrated by a Certificate of Substantial Completion issued by the architect of record or the engineer of record for Building 7, by December 17, 2009 Completion Date Upon acceptance by the Town Manager of the Town (the Town Manager or his designee, of the Certificate of Substantial Completion (the Acceptance the Bond shall be released and the Town will execute any such documents as are reasonably necessary to accomplish the release of the Bond. The Acceptance shall not be unreasonably withheld or delayed, provided that, in the event weather or other factors beyond the reasonable control of BVO delay the installation of Interim Building 7 sensitive to weather or such other factors, the Bond shall remain in full force and effect. The Town may, at its sole option, permit BVO to substitute other collateral acceptable to the Town for the Bond originally given by BVO to secure the completion of Interim Building 7. BVO agrees to promptly correct any deficiencies in installation in order to meet the requirements of the Plans applicable to such installation. In the event such installation is not completed substantially within the Interim Building 7 Schedule (as set forth on Exhibit B attached hereto), if any, and according to the specific Plans therefor, the Town shall have the right to cause such work to be done as necessary to complete the installation in such manner and BVO shall be liable for the cost of such Interim Building 7 work. 1.5 BVO will immediately post a surety bond, approved by and in a form reasonably acceptable to the Town Manager, for Two Million Dollars ($2,000,000.00) (the that will constitute the complete security for the estimated cost of the Interim Building 7, with terms as described below (the Conditions of Bond The Bond will be issued by a national surety company, qualified to do business in the State of Colorado which carries at least an "A- "rating by AM Best. The estimated costs of Interim Building 7 are an estimated amount mutually agreed at this time by BVO and the Town as set forth in Exhibit D attached hereto. In the event the cost of Interim Building 7 exceeds the estimated cost, BVO shall be solely responsible for the actual cost. No {0022159 LDOC 114 ATTACHMENT "B" Page 5 of 16 representations are made as to the accuracy of these estimates and BVO agrees to pay the actual costs of Interim Building 7. 1.6 BVO agrees that the certificate of occupancy for Building 7 (including the improvements detailed on the plans attached as Exhibit A), would be the next certificate of occupancy to be sought by BVO, and that no other certificates of occupancy would be sought by BVO or will be granted by TOSV before the Building 7 certificate of occupancy (based on the improvements detailed on the plans attached as Exhibit A), other than: (i) the certificates of occupancy for Building 13A, Building 13B, and Building 8; (ii) any certificates of occupancy for Phase 1 of Base Village; (iii) any certificates of occupancy for any tenants in Building 13A or Building 13B; and (iv) any final certificates of occupancy related to previously issued temporary certificates of occupancy. Notwithstanding the foregoing, construction may proceed on other buildings but the certificate of occupancy for Building 7 (including the improvements detailed on the plans attached as Exhibit A), would be the next certificate of occupancy to be sought by BVO. BVO agrees not to build Building 7 in accordance with the currently issued building permit for Building 7, and agrees not to seek any subsequent building permit for Building 7 unless and until the Town and BVO review and assess the adequacy of the public circulation within Interim Building 7 based on the results of the actual usage of the public circulation in the Interim Building 7 during at least one winter and one summer season, taking into account whether the currently planned single one -way escalator movement within Interim Building 7 is sufficient between the Transit Center and the Village Level. 13 Upon completion by BVO, and acceptance of the Metro District Transit Center Facilities by the Metro District, whether such acceptance occurs for all components at the same time, or as each component thereof is completed and accepted, the Metro District will be the owner of and responsible for the long term operation and maintenance of the Metro District Transit Center Facilities so accepted by the Metro District, for the use and benefit of the public pursuant to existing easements and agreements with BVO., as required by the tax exempt bonds issued to finance such facilities and the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 approved by the Town on October 17, 2006 (the Service Plan Consistent with such requirements, the Metro District, and the Town will enter into an intergovernmental agreement (the Joint Operating IGA providing for the Town to have the right to administer the use of the Transit Office, the Transit Office Utility Infrastructure, the bus lanes, the pedestrian areas, and the other areas within the Transit Center designed and reasonably necessary for use by the Town for public transportation purposes (the Town Transit Facilities The Joint Operating IGA will provide for priority use by the Town of the Town Transit Facilities and may allow, subject to such terms and conditions as the Town may determine, for additional use of the Town Transit Facilities for private valet, shuttle, limousine, charter bus, or other transportation services. The Joint Operating IGA will set forth the obligations of the Metro District to provide for (0022159 LDOC 11)5 ATTACHMENT "B" Page 6 of 16 the operation and maintenance of the Town Transit Facilities including but not limited to the removal of snow and ice buildup within the passenger waiting areas consistent with the Service Plan and other intergovernmental agreement currently in effect with the Town. BVO and its successors or assigns will be responsible for the long term maintenance of the Temporary Landscaping and the Exterior Fagade and the remainder of the Building 7 and Interim Building 7 improvements not accepted by the Metro District. 1.8 BVO will submit a minor PUD amendment for Interim Building 7 to be processed in accordance with the Town's Land Use Code. All parties will work cooperatively in order to process the minor PUD amendment application in a timely manner as necessary to achieve an opening date for the Transit Center and Interim Building 7 of December 17, 2009. 2. Conditions of Bond The conditions for issuance of the Bond are as follows: 2.1 BVO will post the Bond upon approval by the Town Manager as provided in Section 1.5, and the Bond will become effective upon the expiration of the appeal period of the Building 8 Approvals described above, to the extent the Building 8 Approvals are granted (the Bond Effective Date 2.2 The Bond will only be callable by Town after the Bond Effective Date and upon a Performance Default (as defined below). BVO will be required to demonstrate progress through monthly reporting to the Town establishing that the progress of construction of the Interim Building 7 is consistent with the Interim Building 7 Schedule as Exhibit B and will be substantially complete by the B7 Completion Date. If for two (2) consecutive months BVO fails to show adequate progress establishing that the progress of construction of the Interim Building 7 is consistent with the Interim Building 7 Schedule as Exhibit B and will be substantially complete by the B7 Completion Date, the Town may send a written default notice detailing the deficiency in such progress, and BVO shall have a period of fourteen (14) days to cure the specified default. If such default is not cured a Performance Default shall be deemed to have occurred, and the Town shall have the following remedies: (i) the Town may call the Bond and (ii) the Town is under no further obligation to issue any further Certificates of Occupancy for Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 or Lot 7 of the Base Village P.U.D., unless and until the construction of the Interim Building 7 is substantially complete (whether such completion is performed by BVO, the surety under the Bond, a third party, or the Town). 2.3 The Bond shall terminate upon BVO's successful completion of the obligations in Section 1.2 through 1.6 above. 3.1 Default If BVO is in default in the performance of BVO's obligations, BVO shall have the right to cure said default after written notice by the Town of the (00221591.DOC 11)6 ATTACHMENT "B" gage 7 ,cf _T6 default to BVO. If BVO fails to cure such default within sixty (60) days after written notice is given from the Town to BVO specifying the nature of the default (or if such default cannot be cured within the sixty (60) day period of time, if BVO shall fail to promptly commence to cure the same and thereafter diligently proceed with such cure), then the Town shall be entitled to undertake such work as may be necessary and appropriate to cure such default. The Town shall be entitled to full reimbursement for the reasonable costs of all such work. Any written notice required to be given to BVO shall be given by first class mail, postage prepaid, and by certified mail, return receipt requested, to the following addresses set forth in Section 3.9 below. 3.2 Binding; Effect This Agreement shall be binding upon the Town and BVO and shall inure to the benefit of BVO and its successors and assigns, as designated by a written assignment recorded in the Pitkih County Clerk and Recorders Office. 3.3 Burden and Benefits Each of the benefits, burdens, terms, covenants, agreements and conditions of this Agreement shall be construed as covenants running with the land benefiting and burdening the Property or any applicable portion thereof, and it is the intent of the parties that such benefits, burdens, terms, covenants, agreements and conditions touch and concern such property. 3.4 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 3.5 Scope of Agreement The rights granted to BVO by this Agreement are in addition to any other rights held by BVO under applicable law. 3.6 Interpretation Unless the context of this Agreement clearly requires otherwise: (a) terms defined in the singular may be used in the plural, and terms defined in the plural may be used in the singular; (b) "including" and "such as" are not limited; (c) "or" has the inclusive meaning represented by the phrase "and/or"; (d) the words "hereof," "herein," "hereby," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) Article, Section, clause, paragraph and Exhibit references are to this Agreement unless otherwise specified; and (f) references to any agreement (including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof. In the event of any conflict between a term, condition or provision of this Agreement and a provision of the Town's Municipal Code, the terms of this the Town's Municipal Code shall control. 3.7 Severability If any provision of this Agreement shall be invalid, illegal, void or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement or any other provision hereof, and a court shall enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and BVO as expressed in this Agreement. If any provision of this Agreement is invalid, illegal, void or unenforceable not in its entirety but as applied to a {0022159LDOC 11)7 ATTACHMENT "B" PAgb of 16 particular act, thing or circumstance, such provision shall not affect or impair the validity, legality or enforceability of this Agreement or any provision hereof as applied to any other act, thing or circumstance, and a court shall apply such provision and enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and BVO as expressed in this Agreement. 3.8 Termination: Amendment, This Agreement may not be terminated, modified or amended, nor may waivers hereunder be granted, except in writing and only with the consent and approval of BVO and the Town. 3.9 Notices. Any notice to be given to BVO or the Town under this Agreement shall be given by registered or certified mail, overnight courier, telecopy, telegram or hand delivered to the address of the party to whom notice is being given. Any notice sent by registered or certified mail will be deemed to have been received three business days following the date of mailing. Any notice sent by overnight courier will be deemed to have been received one business day following the date of delivery to the overnight courier. Either party may change its address for notice by advising the other party in writing of such change, and until the other party is so advised, it will be entitled to continue sending notices to the last address it is advised of in writing If to the Town: Town of Snowmass Village P.Q. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Manager With copy to: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Attorney If to BVO: Base Village Owner LLC P.O. Box 6565 (LISPS Only) 16 Kearns Road, 3 rd Floor (Fed Ex and UPS) Snowmass Village, CO 81615 Attn: Patrick N. Smith, President With a copy to: Krabacher I Sanders, P.C. 201 N. Mill Street, Suite 201 Aspen CO 81611 Attn: B. Joseph Krabacher 3.10 Recording BVO and the Town each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder ofPitkin County, Colorado. (0022159 LDOC 1) 8 ATTACHMENT "B" Page 9 of'_16 3.11 Captions and Titles All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed as of the date written above. TOWN: TOWN OF NOWMASS VILLAGE, COLORADO A home m ipality B To Manager {00221591.DOC 11)9 ATTAHCMENT "B" Page 10 of 16 IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed as of the date written above. BVO: BASE VILLAGE OWNER LLC A Dela •e 'mited bility company By: Pri N,& Tite. {0022159LDOC 11) 10 ATTACHMENT "B" Page 11 of 16 MEMORANDUM To: Town of Snowmass Village From: WHITE, BEAR ANKELE, P.C. Special District Counsel to Base Village Metropolitan Districts Nos. 1 2 Re: Transit Center Ownership and Operation Date: February 5, 2 009 This Memorandum will address the staff comments contained in the Meeting Packet for the February 2, 2009 Town Council Meeting and comments made by the Town Council at the meeting regarding the long term maintenance of the Transit Center and vertical circulation facilities by the Base Village Metropolitan Districts and the Town's right to use, operate and control the Transit Center after completion. Long Term Maintenance As an initial matter, the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 Districts approved by the Town on October 17, 2006 Service Plan enumerates the Districts' powers as public entities, including but not by way of limitation, to operate and maintain street improvements and parking structures, parking facilities, and public transportation facilities including transit centers, bus.bays, escalators, elevators and other facilities for conveyance of the public (which includes the Transit Center and vertical circulation facilities). In conjunction with approval of the Service Plan, the Districts and the Town of Snowmass Village General Improvement District No. 1 entered into an Intergovernmental Agreement on September 30, 2006 GID Agreement which sets forth the use and application of the Districts' tax revenues to support such public improvements. The GID Agreement lists the public infrastructure improvements, including the Transit Center, required to be provided through the Districts as the financing mechanism for such improvements. To that end, District No.2 issued tax exempt bonds in 2008 Bonds to fund construction of certain of the public improvements and approximately $13 million has been applied to construction of the Parking Garage, including the Transit Center. The Bonds are solely obligations of the Districts; Town revenues are not pledged to payment of the Bonds. However, the Districts are required to operate and maintain the Parking Garage, including the Transit Center, for the use and benefit of the public in order to meet the Districts' fiduciary obligation to comply with the Bond requirements and operate as public entities. Pending the acceptance of the public improvements by Base Village Metropolitan District No. 1 and within the framework of the Service Plan, District No. 1 recently has entered 100220508.DOC 1 }1 ATTACHMENT "B" Page 12 of 16 into three agreements that govern the District No. 1's commitment to operate and maintain the public improvements in accordance with the original program for dedication and acceptance of these improvements. These agreements include: (i) the Parking Garage, Loading Docket and Transit Center Easement Agreement dated July 24, 2008 Easement (ii) the Parking Garage Management Agreement dated November 26, 2008 Management Agreement and (iii) the Parking Garage Shared Use Agreement which has not yet been signed but was approved at the Metro District meeting on January 28, 2009 Shared Use Agreement The Easement was entered into prior to completion of the Parking Garage in connection with the issuance of the Bonds. The Easement provides the District with perpetual non- exclusive access to the Parking Garage and operates in conjunction with the Shared Use Agreement. Now that the Parking Garage is operational, the Shared Use Agreement further identifies the Transit Center, the common drive aisles and access areas (Common Use Areas) and the Districts' parking areas, as the areas available and required to be operated and maintained for the use and benefit of the public at large in accordance with the Bond requirements and consistent with the Districts' status as public entities. The vertical conveyance is one of many improvements within the Parking Garage that is not specifically identified as a distinct area, but falls within the general Common Use Areas that provide public access to the Transit Center and the Districts are authorized under the Service Plan to own and operate that type of improvement. The Management Agreement sets forth the terms for the day -to -day operation and maintenance responsibilities of District No. 1 for such facilities setting forth a detailed scope of work for every aspect of the facility. Detailed maintenance schedules and budgets are being finalized as the Parking Garage is in its first quarter of operation, and can be provided to the Town upon completion. Town's Right to Use, Operate and Control the Transit Center After Completion Prior to the conveyance of the public improvements to District No. 1, the Service Plan, the Metro District's Rules and Regulations, and the agreements referenced above govern the public access to, and the operation, maintenance, and control by District No. 1 of the Transit Center and related public improvements for the use and benefit of the public. Transfer of ownership of the Transit Center to the District is not what provides the public access to the vertical conveyance or to the Transit Center for bus service and other authorized uses. The District has the right to use the premises per the Easement and the Parking Garage Shared Use (00220508.DOC 112 ATTACHMENT "B" Page 13 of 16 Agreement, and the obligation to operate and maintain the District -areas for public use per those agreements. The District Rules and Regulations and the Management Agreement provide the basic guidelines and specific responsibilities for operations. The Parking Garage Shared Use Agreement specifically acknowledges the developer's and District No. 1's responsibilities in meeting the Town's requirements under the 2004 Base Village Parking Management Plan, which provides that: "For destination riders and transit providers, seven bus and shuttle parking stalls will be provided at the Village. The circulation plan has been developed to provide the necessary bus /shuttle bays per the Town's Comprehensive Plan. A two -way bus /shuttle circulation plan has been developed with bus -only lanes to ensure transit vehicles are given the necessary priority." The Shared Use Agreement further sets forth the program for acceptance and conveyance of the public portions of the Parking Garage to District No. 1 in accordance with the requirements of the Bonds. In order to balance between the on -going development- related uses of the Parking Garage including required construction staging, a date- certain for conveyance of the Transit Center under the condominium regime has not been able to be determined at this time. However, the Shared Use Agreement sets forth specific criteria for moving that process forward consistent with, in particular, requirements relating to the tax exempt status of the Bonds. The Districts have taken the steps to insure that the Districts' interest in the Parking Garage, and the ownership and operation of the Bond financed facilities are for the use and benefit of the public. Any proposal for expediting the transfer of the Transit Center and vertical conveyance, and to open the Transit Center as a fully operational facility to valet, shuttle and bus service and other authorized uses, may be considered by District No. 1 and BVO consistent with the Shared Use Agreement. The underlying agreements and development requirements that pre -date the existence of the Districts, the Service Plan that was approved by the Town, and the requirements under the Bond documents, lay the groundwork for the successful financing and construction of the Parking Garage and related facilities. The current structure and relevant agreements provide the necessary assurance of public access and long term operation and maintenance of the facilities, including the Transit Center and vertical conveyance, through cooperation between the Town and the Districts. Copies of all of the relevant documents and the Districts' Service Plan have been provided with this memorandum. 100220508.DOC 1 13 ATTACIR ENT "B" Page 14 of 16 MEMORANDUM To: Town of Snowmass Village From: WHITE, BEAR ANKELE, P.C. Special District Counsel to Base Village Metropolitan Districts Nos. 1 2 Re: Transit Center Ownership and Operation Date: February 11, 2009 This Memorandum will address staff comments in addition to those received in the Meeting Packet for the February 2, 2009 Town Council Meeting and comments made by the Town Council at the meeting regarding the long term maintenance of the Transit Center and vertical circulation facilities by the Base Village Metropolitan Districts and the Town's right to use, operate and control the Transit Center after completion. This Memorandum supplements our prior Memorandum of February 5, 2009. Service Plan of the Districts The Base Village Metropolitan District Nos. 1 and 2 "Districts are quasi municipal entities empowered to provide certain public infrastructure, improvements and services, as described in the Title 32, Article 1 (the "Special District Act and more particularly described in the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 (the Districts approved by the Town on October 17, 2006 Service Plan The Service Plan is the enabling document that broadly enumerates the Districts' powers granted by the Special District Act, similar to the Town's home rule charter. However, those district powers are granted within specific limitations. The Districts are charged as public entities to be the caretakers of the public improvements that are constructed, financed, operated and maintained by the Districts, in the same manner as any other public entity. As noted in the prior memorandum the Districts are authorized to provide the following public improvements, including but not by way of limitation, to operate and maintain street improvements and parking structures, parking facilities, and public transportation facilities including transit centers, bus bays, escalators, elevators and other facilities for conveyance of the public (which includes the Transit Center and vertical circulation facilities). The Service Plan also anticipates the Districts providing public services and operating and maintaining the public improvements that are financed or provided by the Districts through intergovernmental agreements, including with the Town or other service providers. The Special District Act specifically limits the Districts' ability to act outside of the parameters of the Service Plan. In the event the Districts act in a manner that constitutes a material departure from the Service Plan, without permission of the Town, such action may be 280831 v:2 ATTACHMENT "B" Page 15 of i6 enjoined by the Court that approved the organization of the Districts upon its own motion or motion by the Town. Section 32 -1 -207 (3) (a), C.R.S. The Districts and the Town may determine at some point that the Service Plan needs to be updated, and in that case the District would need to petition the Town to make a material I odification of the Service Plan and the Town would process such a request through its approval process or as if submitted as an original service plan. Section 32 -1 -207 (2), C.R.S. In addition to the statutory rights to approve material modifications to the Service Plan, the Intergovernmental Agreement between the Town and the Districts dated May 4, 2005 and appended to the Service Plan sets forth the limitations with respect to material modifications under the Service Plan "2005 IGA'). The approval rights in the 2005 IGA were specifically negotiated at the time of approval and resulted in the modification to the original service plan for the Districts, resulting in the approval in 2006 of the Service Plan. The 2005 IGA specifically provides that a material modification shall include any matters enumerated in Section 32 -1- 207(2), C.R.S. as well as four other specific matters relating to the issuance of debt, inclusions and condemnation proceedings. A copy of the 2005 IGA is appended to this supplemental memorandum for your reference. Thus, the Service Plan with all of its limitations is the governing document that the Districts are bound by and the Town's remedies in the event of a material departure from the Service Plan are spelled out in the statutes and the 2005 IGA. In addition, the Intergovernmental Agreement by and among the Districts and the Town of Snowmass Village General Improvement District No. 1 "GID that was entered into effective as of September 30, 2006 as a condition to approval of the Service Plan implements the relationship between the Town and the Districts with respect to the financing and operation of the public improvements being provided by the Districts as broadly provided for in the Service Plan. Similarly the Service Plan anticipates the Districts entering into other intergovernmental agreements to specifically address day -to -day operational matters. The Districts have entered into an intergovernmental agreement that sets forth how the Districts work together to provide the public improvements and services under the Service Plan. This structure demonstrates the role that the Town continues to have in the functioning of the Districts. The Districts were created to accommodate specific needs of the Town as an alternative to financing the public improvements through the GID, as noted in the Introduction to the Service Plan. The Town reviewed and approved the Service Plan in the normal course of the formation of the Districts under Sections 32 -1 -202, et seq., C.R.S. After approval, the Town's role in the functioning of the public improvements provided by the Districts had remained an active one, through the use of operational -level intergovernmental agreements. Proposed IGA with Town for Building 7 Public Parking Facilities 280831 v:2 ATTACHMENT "B" Page 16 of 16 The Districts are required to operate and maintain the Parking Garage, including the Transit Center, vertical conveyances and related public improvements and facilities (the "Building 7 Public Parking Facilities for the use and benefit of the public in order to meet the Districts' fiduciary obligation to comply with the Bond requirements and operate as public entities in compliance with statutory requirements. Pending the acceptance of the public improvements by Base Village Metropolitan District No. 1 ("District No. I") and within the framework of the Service Plan, District No. 1 recently has entered into the Parking Garage, Loading Docket and Transit Center Easement Agreement dated July 24, 2008 Easement the Parking Garage Management Agreement dated November 26, 2008 Management Agreement and the Parking Garage Shared Use Agreement which has not yet been signed but was approved at the District No. 1 at a District Board meeting on January 28, 2009 Shared Use Agreement (collectively, the Parking Garage Agreements While the above referenced easements and agreements provide the necessary assurance of public access and long term operation and maintenance of the Building 7 Public Parking Facilities, the Districts will work with the Town to enter into a joint operations agreement for the administration of the Building 7 Public Parking Facilities "Joint Operating IGA in connection with the development approval requirements currently pending before the Town for Building 7. It is the intent of District No. 1 to enter into the Joint Operating IGA with the Town to facilitate the acceptance of the Building 7 Public Parking Facilities by the District No. l while assuring certain access priorities and long -term maintenance obligations with respect thereto. The Joint Operating IGA will provide, among other things, for priority use by the Town and the Roaring Fork Transit Authority of the Transit Center and allow for additional use of the Transit Center for valet, shuttle, limousine, charter bus, or other transportation services for the benefit of the public as the Town may determine. The Joint Operating IGA will set forth the obligations of District No. 1 to provide for the operation and maintenance of the Building 7 District Parking Facilities consistent with the Service Plan and other intergovernmental agreements currently in place with the Town. It is anticipated that the developer of the project, Base Village Owner, LLC and its successors or assigns, will be responsible for the long term maintenance of certain improvements associated with the Building 7 Public Parking Facilities and the remainder of the Building 7 improvements not accepted by District No. 1. Please feel free to contact the Districts if you have any questions: c/o William P. Ankele, Jr.. 1805 Shea Center Drive, Suite 100, Highlands Ranch, Colorado 80129. 280831 v:2 ATTACHMENT "C" After Recordation Return to: RECEPTION 551393, 07/24/2008 at 02:09:13 PM, Page 1 of 9 White, Bear Ankele Professional Corporation 1 OF 9, R $46.00 Doc Code EASEMENT 1805 Shea Center Drive, Suite 100 Janice K. Vos Caudill, Pitkin County, CO Highlands Ranch, Colorado 80129 PARKING GARAGE, LOADING DOCK AND TRANSIT CENTER EASEMENT AGREEMENT (Easement 25) For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, BASE VILLAGE OWNER LLC, a Delaware limited liability compahy� (the "Grantor hereby grants, bargains, sells and conveys to the BASE VILLAGE METROPOLITAN DISTRICT NO. 1, a quasi municipal corporation and political subdivision of the State of Colorado, whose address is c/o White, Bear and Ankele Professional Corporation,` 1'805 Shea Center Drive, Suite 100, Highlands Ranch, Colorado 80129 (the "District its agents, successors, permitted assigns, licensees and. invitees (including members of the .general public); 'a permanent, non exclusive easement (the "Easement to construct, reconstruct, operate, use, maintain, repair, replace and/or remove certain parking garage, loading dock and transit center improvements and appurtenances thereto (the "Improvements and for pedestrian and vehicular access in, to, through, over, under and across the Improvements and certain parcels of real" Property located in Pitkin County, Colorado, as more particularly described and shown in Exhibit A attached hereto and incorporated herein by this reference (the "Premises Such Easement is granted by the Grantor and is accepted by the District pursuant to the following terms and conditions: l 1. The District, its agents, successors and permitted assigns, shall have and exercise the right of ingress and egress in, to, through, over, under and across the Premises for any purpose necessary for the construction, reconstruction, operation, use, maintenance, repair, replacement and/or removal of the Improvements. Further, this Easement shall permit invitees of the District (including members of the general public) the right of pedestrian and vehicular access in, to, through, over, under and across the Premises and the Improvements furnished by the District hereunder. 2. The Grantor, its successors and assigns, shall not construct or place any structure or building upon the Premises that would .materially interfere with the District's use and operation of the Improvements. The District may; at .is sole cost and expense, remove any structure or building constructed on the Premises as is necessary to maintain, repair or replace the Improvements; provided, however, the District shall cause such structure or building to be rebuilt to substantially' the same condition as existed immediately prior to such removal following completion of such maintenance, repair or replacement, as applicable. 3. The District shall have the right to enter upon the Premises and to survey, construct, reconstruct, operate, use, maintain, repair, replace and remove the Improvements, and to remove objects interfering therewith, including but not limited to those items placed on the Premises under paragraph 2 hereof. In addition, the District shall have the right to use so much of the adjoining premises of the Grantor, its successors or assigns, during surveying, construction, reconstruction, use, maintenance, repair, replacement and/or removal of the f Improvements as may be reasonably required; provided, however, that such activities shall not interfere unreasonably with Grantor's, its successors' or assigns' use and enjoyment of such ATTACHMENT "C" Page 2 of 9 adjoining premises. The District and its permitted assignees and licensees shall repair any damage caused to any adjoining premises and the improvements thereon, and shall be liable for any injury to person or damage to property, to the extent arising out of the District's, its permitted assignee's or licensee's use of the Easement. 4. The District shall have and exercise the right of subjacent and lateral support to whatever extent is necessary for the operation and maintenance of the Improvements. The Grantor, its successors and assigns, shall have'and exercise the right of subjacent and lateral support to whatever extent is necessary for the operation and maintenance of any improvements on property adjoining the Premises. It is specifically agreed by and between the Grantor and the District that, except as provided in this Easement, the District shall not take any action which would impair the lateral or subjacent support for such improvements. This paragraph is not intended to in any way inhibit the development of the private property located adjacent to the Premises. 5. It is expressly acknowledged and agreed that the District shall have the right and authority to assign the Easement to any appropriate local governmental entity or to any public utility provider, including, but not limited to, all rights to use, and all obligations associated with, the Easement as are granted to and assumed by the District herein, subject to such assignee assuming the obligations set forth herein. 6. Notwithstanding the grant of the Easement as described herein, the District hereby acknowledges that Grantor intends to convey fee title to portions of the Premises to the District upon the completion of certain improvements thereori. Such conveyance may be by the delivery of one or more deeds and may occur at once or over time. Upon the recording of each such deed, this Easement shall be deemed vacated autbmatcally and without further action of the parties with respect to the portion of the Premises'described in.that deed. Further, the District agrees to execute a complete release and vacation of this Easement upon the grant of deeds to all portions of the Premises intended to be acquired by the District pursuant to its Amended and Restated Consolidated Service Plan dated October 17, 2006. 7. The District shall maintain such policies of liability or other insurance as it deems reasonable and appropriate with respect to the easement interest being granted herein. 8. The Grantor covenants and agrees with the District that the Grantor has full power and lawful authority to grant, bargain, sell and convey the Easement. The Grantor further promises and agrees to warrant and forever defend the District in the exercise of the District's rights hereunder against any defect in the Grantor's title to the Premises and the Grantor's right to make the grant herein described, except matters of record. 9. Each and every one of the benefits and burdens of this Easement shall inure to and be binding upon the respective legal representatives, administrators, successors and permitted assigns of the Grantor and the District. 10. The Grantor, its successors and assigns, reserve the right to grant further easement interests in the Premises to other grantees so long as. such interests and uses are not inconsistent 0711:0600:1951383 ATTACIR-tENT "C" Page 3 of 9 with, or unreasonably interfere with, the use bf the'lPremises and benefits of this Easement by the District, its successors and permitted assigns, as described herein. 11. The rights and responsibilities set forth in this Easement are intended to be covenants on the Premises and are to run with the land. 12. To the extent applicable, the District shall comply with all codes, laws, ordinances, orders, rules, regulations, statutes and other governmental requirements regarding the use and operation of the Premises. 13. If any party institutes legal proceedings with respect to this Easement against the other parry, the prevailing party shall be entitled to court costs and reasonable attorneys' fees incurred by such party. or parties in connection with such legal proceedings. The "prevailing party" shall be determined, at the conclusion of any appeals, if any, by the entity before whom the dispute was brought, based upon'an assessment of which party's major arguments or positions taken in the suit or proceeding could fairly be said to have prevailed over the other party's major arguments or positions on major disputed issues, in the final decision of the court or any appellate court. 14. This Easement shall be consirued'fi accordance with and governed by the laws of the State of Colorado. 15. This Easement constitutes the entire agreement between Grantor and the District concerning the subject matter hereof, and supersedes any prior or contemporaneous agreements between the parties concerning the subject matter hereof. 16. Nothing herein shall be construed as a waiver of the rights and privileges of the District pursuant to the Colorado Governmental Immunity Act, 24 -10 -101, et seq., C.R.S., as amended from time to time. 17. This Easement may be executed in two or more counterparts, each of which, when executed, shall be deemed an original and both of which together shall be deemed one and the same instrument. 18. This Easement shall be recorded in the real property records of Pitkin County. [Remainder of page.intentionally left blank]. 0711:0600:1951383 ATTACHMENT "C" ?age 4 of 9 THIS Easement Agreement shall be effective as of &16Lft 2008. GRANTOR: BASE VILLAGE OWNER LLC, a Delaware limited liability company Bv: Patrick N. Smith, President ATTEST: Tyler Sieprffice President' STATE OF COLORADO Sq. COUNTY OF h Subscribed and sworn to before me on this 2 day of 2008, by Patrick N. Smith, as President, and Tyler Siegel as Vice Presicyent, of B tse Village Owner LLC, a Delaware limited liability company, as Gfantor. [SEAL] ^Ole I L,FJ6lJ Notary blic My commission expires: 0 Z7 Qg AMY a TRUBIROHA 8 o WELD vF ATTACHMENT "C" Page 5-of 9 DISTRICT: BASE VILLAGE METROPOLITAN ISTRICT NO. 1 Shawn Gleason, President ATTEST: B. Joseph Krabacher, Secretary STATE OF COL RADO SS. COUNTY OF i (n. Subscribed and sworn to before me on this day of 2008, by Shawn Gleason, as President, and B. Joseph Krabacher, as Secretary, ot the Base Village Metropolitan District 1, a quasi municipal corporation and political subdivision of the State of Colorado. r RY °p s� AMV [SE o TRUE31ROHA WE LLS No ublic a y q�. aO Daa oa °a° OF Co�- My commission exp Z� g ATTACHEMNT "C" Page 6 of 9 EXHIBIT A The Premises i ATTACHMENT "C" Page i.7 of 9 EASEMENT 25 SHEET 1 PHASE 1 SUBTERRANEAN CONDOMINIUM EASEMENT AN EASEMENT, OVER AND ACROSS LOTS 1,2 AND 3 LOCATED IN THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH P.M., TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 10, SOUTH RANGE 86 WEST OF-THE 6TH P.M. FROM WHICH THE WITNESS CORNER TO THE WEST 114 CORNER OF SAID SECTION 1 BEARS A PLATTED BEARING OF N00 0 01'31 "E, A DISTANCE OF 2703.93 FEET (N00 °02'04 "E, A DISTANCE OF 2703.87 FEET MEASURED); THENCE N33 °18'03 "E TO THE SOUTHERLY CORNER OF LOT 1 INTERSECTING THE NORTHERLY WOOD RD ROW, A DISTANCE OF 2156.60 FEET; THENCE N07 0 24'13 "E, A DISTANCE OF 158.80 FEET TO THE POINT OF BEGINNING OF THIS PHASE 1 SUBTERRANEAN CONDOMINIUM EASEMENT DESCRIPTION; THENCE ALONG THE FOLLOWING COURSES AND NON TANGENTIAL CURVES: N55 °53'24 "W, A DISTANCE OF 193.74 FEET; S40 1'43'W, A DISTANCE OF 20.28 FEET; S49 °58'22 "W, A DISTANCE OF 148.62 FEET; SO4 °57'00 "W, A DISTANCE OF 16.15 FEET; N85 0 03'27 "W, A DISTANCE OF 86.14 FEET; N04 0 56'33 "E, A DISTANCE OF 18.49 FEET; N85 °03'27 "W, A DISTANCE OF 8.25 FEET; N04 0 56'33 "E, A DISTANCE OF 13.64 FEET; N85 °03'27 "W, A DISTANCE OF 26.12 FEET; N04 °5633 "E, A DISTANCE OF 19.50 FEET; S85 °03'27 "E, A DISTANCE OF 26.12 FEET; N04 0 56'33 "E, A DISTANCE OF 29.26 FEET; S84 °55'54 "E, A DISTANCE OF 59.64 FEET; N49 °51'05 "E, A DISTANCE OF 30.31 FEET; N39 °23'56 "W, A DISTANCE OF 8.81 FEET; N49 0 57'23 "E, A DISTANCE OF 11.36 FEET; N40 °02'45 "W, A DISTANCE OF 26.78 FEET; NI 3 A DISTANCE OF 93.21 FEET; I A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17 °34'04 A RADIUS OF 209.39 FEET, AN ARC LENGTH OF 64.20 FEET, A CHORD BEARING N63 °48'22 "E, AND. CHORD DISTANCE OF 63.95 FEET; S49'48'1 9"E, A DISTANCE OF 3.96 FEET; A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16 °54'30 A RADIUS OF 211.45 FEET, AN ARC LENGTH OF 62.40 FEET, A CHORD BEARING N46 °20'51 "E, AND CHORD DISTANCE OF 62.17 FEET; S51 °56'05 "E, A DISTANCE OF 5.32 FEET; .A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 4 °59'26 A RADIUS OF 204.80 FEET, AN ARC LENGTH OF 17.84 FEET, A CHORD BEARING N35 °34'51 "E, AND CHORD DISTANCE OF 17.83 FEET; N31 "10'19 "E, A DISTANCE OF 17.60 FEET; N30 8"E, A DISTANCE OF 53.34 FEET; S74 0 22'05 "E'�A DISTANCE OF 4.88 FEET; N30 °53'42 "E, A DISTANCE OF 24.39 FEET; N83 °0642 "E, A DISTANCE OF 17.16 FEET; S06 0 56'14 "E, A DISTANCE OF 1.50 FEET; N83 °00'24 "E, A DISTANCE OF 1.00 FEET; S06 0 54'37 "E, A DISTANCE OF 33.68 FEET; N83 0 05'23 "E, A DISTANCE OF 7.48 FEET; S06 0 54 1 07 11 E, A DISTANCE OF 4.80 FEET; N83 °0553 "E, A DISTANCE OF 20.93 FEET; S06 0 54'34 "E, A DISTANCE OF 8.28 FEET; N83 °05'53 "E, A DISTANCE OF 34.61 FEET; N06 0 54'07 "W, A DISTANCE OF 0.53 FEET; N83 °05'53 "E, A DISTANCE OF 13.65 FEET; S74 0 10'09 "E, A DISTANCE OF 159.84 FEET; N15 °49'51 "E, A DISTANCE OF 38.82 FEET; S74 °10'06 "E, A DISTANCE OF 24.06 FEET; S52 °50'42 "E, A DISTANCE OF 49.05 FEET; S37 °09'27 "W, A DISTANCE OF 23.26 FEET; S52 "50'14 "E, A DISTANCE OF 169.04 FEET; S22 0"W, A DISTANCE OF 22.34 FEET; S67 °34'50 "E, A DISTANCE OF 16.73 FEET; 322 0 22'31 "W, A DISTANCE OF 9.65 FEET; S44 °10'00 "W, A DISTANCE OF 174.70 FEET; N45 0 50'00 "W, A DISTANCE OF 6.62 FEET; S44 0'00"W, A DISTANCE OF 95.22 FEET; S45 0 50'00 "E A DISTANCE OF 1.00 FEET; S44 "10'00 "W, A DISTANCE OF 10.35 FEET; N45 °50'00 "W, A DISTANCE OF 1.00 FEET; i ATTACHMENT "Cx Page 8 of 9 EASEMENT25 SHEET2 G44"1O'0O"VVA DISTANCE OF8.81 FEET; 88Q"10'U0 DISTANCE OF5O.O4FEET; N00"50'00"W, A DISTANCE OF 47.53 FEET; N55 A DISTANCE OF 38.04 FEET To THE POINT OFBEGINNING, SAID PHASE 1 SUBTERRANEAN CONDOMINIUM EASEMENT DESCRIPTION CONTAINS 1G2.57O SQ. FT. OR3.Y3 ACRES MORE ORLESS. SURVEYOR'S CERTIFICATE: LAWRENCE J.BUCAR.& REGISTERED LAND SURVEYOR |N THE STATE OFCOLORADO, HEREBY CERTIFY THAT THE LAND SURVEY INFORMAT SHOWN HEREON |8TRUE AND ACCURATE TO THE BEST OFK8Y KNOWLEDGE AND BELIEF, o y k p,DO S ci 0 LAWRENCE J. BU-AR, PLS 35 595 FOR AND ON BEHALF OF TETRA TECH A'1 "1'AGtiPllJiVl "L" Page 9 of 9 BASE VILLAGE PHASE'S SUBTERRANEAN CONDOMINIUR EASEMENT LOCATED IN THE SW 1/4 OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH P.M. TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO EASEMENT 25 PARCEL B BASE GE P.LT.D RDO ue 4 11 RE NO. 520493 LOT LOT1 LOT2 POB SUBTERRANEA CONDOMINIUM LOT EASEMENT 2' S LINE LOT 1 i w g M1 O BRUSH CREIX LAN PLATiEO O 5 9 gO� Q n� 5 COR LOT 1 o �pO� CESTWOOD INTERSECT N WOOD +n RD ROW m 0 0o Z 1 y bo N 2 w g JL T r s LEGEND E (M) MEASURED VALUE 75' 0 75' 150' U t (C) CALCULATED VALUE 11_ 150' s 0 POO POINT OF COMMENCEMENT N POB POINT OF BEGINNING' 1 POO: SW CDR SEC i T 10S R 86W,. FOUND 2 -314 METAL a CAP ON PIPE STAMPED "US GENERAL LAND OFFICE SURVEY S2 S1 S11 S12 1930" 2 WITNESS CDR TO W 1/4 CDR SEC 1 AND 2 T 10S R 86W FOUND 2 -1/2" METAL.CAP ON PIPE STAMPED "US GENERAL LAND OFFICE SURVEY S2 S1 1/4 WC 1930" c NOTE: DESCRIPTION AND DEPICTION DOES NOT REFLECT AS BUILT CONDITIONS i DRAWN BY: LAW CHECKED BY_ UB TETRA TECH ru SCALE 1'=150' DATE JAN 22, 2008 W 410 S French Street P.O. BOX 1659, P: \PROJECTS SURVEY\LAND PROJECTS R2 \5058- 021 —DO SNOWLASS CONDO Breckenridge CO 80424 TEL 970453 -6394 MAPS\EASENENTS\SU8— CONDDtONIUM EASE 25.DWG Fax 970 453 -4579 PROJECT* 5384.001.85 2007 METRO DISTRICT Easement ATTACHEMNT "D" Page 1 of 5 I i i AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR BASE VILLAGE METROPOLITAN DISTRICT NO. I AND I BASE VILLAGE METROPOLITAN DISTRICT NO.2 I I I Town of Snowmass Village, Colorado Prepared by i White, Bear Ankele Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, Colorado 80129 October 17, 2006 t ATTACHMENT "D" Page 2 of 5 i i Construction and/or acquisition of the improvements will be scheduled over the next several years. The Districts shall have authority to install, finance, construct and acquire the i following services and facilities: i 1. Streets and Drainage i The design, acquisition, installation, construction, operation, and maintenance of street and roadway improvements, including but not limited to snow melt devices, curbs, gutters, culverts, storm sewers and other natural or man-made drainage and storm drainage facilities, detention ponds, channels, retaining walls and appurtenances, as well as sidewalks, bridges, parking facilities, lots and other parking structures, paving, lighting, grading, landscaping, tunnels and other street improvements, together with all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said facilities. 2. Traffic and Safety Controls The design, acquisition, installation, construction, operation, and maintenance of traffic and safety protection facilities and services through traffic and safety controls and devices on streets and highways, environmental monitoring, and rodent and pest controls necessary for public safety, as well as other facilities and improvements including but not limited to, access gates, signalization at intersections, traffic signs, area identification signs, directional assistance, and driver information signs, together with all necessary, incidental, and appurtenant facilities, land easements, together with extensions of and improvements to said facilities. 3. Park and Recreation I The design, acquisition, installation, construction, operation and I maintenance of public park and recreation facilities or programs including, but not limited to, parks, open space, an aqua center, swimming pools and spas, tennis courts, exercise facilities, bike paths, trails, pedestrian/skier bridges, picnic areas, skating areas and facilities, urban village greenscapes, common area landscaping and weed control, creek restoration and improvements, outdoor lighting of all types, and other recreation programs, services and facilities like entertainment, theater, dancing, museums, cultural, educational, scientific, historical, civic and community facilities, public fountains and sculpture, public art, exhibits, performing arts, botanical gardens, and other similar diversions and facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems. 4. Transportation The design, acquisition, installation, construction, operation and maintenance of public transportation system improvements, including transportation equipment, gondolas, tramways, cabriolets and appurtenant landing sites, transit center, park and ride 5 ATTACHMENT "D" Page jcf 5 r i I Construction and/or acquisition of the improvements will be scheduled over the next several years. The Districts shall have authority to install, finance, construct and acquire the following services and facilities: j i 1. Streets and Drainage I The design, acquisition, installation, construction, operation, and maintenance of street and roadway improvements, including but not limited to snow melt devices, curbs, gutters, culverts, storm sewers and other natural or man-made drainage and storm drainage facilities, detention ponds, channels, retaining walls and appurtenances, as well as sidewalks, bridges, parking facilities, lots and other parking structures, paving, lighting, grading, landscaping, tunnels and other street improvements, together with all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said facilities. 2. Traffic and Safety Controls The design, acquisition, installation, construction, operation, and maintenance of traffic and safety protection facilities and services through traffic and safety controls and devices on streets and highways, environmental monitoring, and rodent and pest controls necessary for public safety, as well as other facilities and improvements including but not limited to, access gates, signalization at intersections, traffic signs, area identification signs, directional assistance, and driver information signs, together with all necessary, incidental, and appurtenant facilities, land easements, together with extensions of and improvements to said facilities. 3. Park and Recreation I The design, acquisition, installation, construction, operation and maintenance of public park and recreation facilities or programs including, but not limited to, parks, open space, an aqua center, swimming pools and spas, tennis courts, exercise facilities, bike paths, trails, pedestrian/skier bridges, picnic areas, skating areas and facilities, urban village greenscapes, common area landscaping and weed control, creek restoration and improvements, outdoor lighting of all types, and other recreation programs, services and facilities like entertainment, theater, dancing, museums, cultural, educational, scientific, historical, civic and community facilities, public fountains and sculpture, public art, exhibits, performing arts, botanical gardens, and other similar diversions and facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems. 4. Transportation The design, acquisition, installation, construction, operation and maintenance of public transportation system improvements, including transportation equipment, I gondolas, tramways, cabriolets and appurtenant landing sites, transit center, park and ride 5 AITACHMENT "D"' Pge4of5 D. Transportation The Service District contemplates participation in a public transit system, including, but not limited to a gondola, cabriolets, tramways with appurtenant landing sites, a transit center, parking facilities and escalators and other similar improvements in the Project which are intended to provide mass transit. E. Fire Protection Anticipated improvements include the acquisition by the Districts for use by the Snowmass- Wildcat Fire Protection District of a fire truck and related equipment. F. Operation and Maintenance of Improvements The Districts anticipate dedicating the public improvements to the Town, the GID, or the Snowmass- Wildcat Fire Protection District, as appropriate, upon completion of construction. However, the Districts may operate and maintain those improvements which are not dedicated to and accepted by the Town, the GID, or the Snowmass- Wildcat Fire Protection District, which may include, but are not limited to the aqua center, arts /community center and District funded parking spaces. IV. PROPOSED AGREEMENTS A. General To the extent necessary, and as authorized herein, the Districts anticipate entering into intergovernmental agreements for coordination of services with such entities for purposes of ensuring that improvements which are financed, established or operated by the Districts do not i duplicate or interfere with any other improvements or facilities already constructed or planned to be constructed within any such overlap area. It is anticipated that the. Districts may enter into one or more management agreements with private entities for operation and maintenance of improvements in and around the Project. B. Master IGA In addition to the necessary agreements with current service providers as described herein at Section I.B.4, the relationship between the Service District and the Financing District, including the means for approving, financing, constructing, acquisition and operating the public services and improvements needed to serve the Project will be established by means of a master intergovernmental agreement "Master IGA") between the Districts. Under the Master IGA, the Service District will direct the financing, construction and/or acquisitions of all facilities and may own, operate and maintain certain ongoing facilities and services needed for i the Project. The majority of funding for administrative and operational requirements will be provided through the Financing District, The Master IGA will establish appropriate procedures and standards for the approval of the design of facilities, transfer of funds between the Districts, I 9 1 ATTACIDiENT "D" Wage 5 of 5 EXHIBIT A LIST OF PROJECTS 1. Skier Bridges. Construct all improvements for the Funnel Bridge over Wood Rd Ski Way Bridges under Wood Road and the Base Village Main Street. 2. Trails Sidewalks. Construct all sidewalks trails outside the building envelopes including sidewalks in the right of -way, onsite sidewalks, offsite trails. 3. Storm Drainage Improvements. Construct all improvements for the storm drainage system from the edge of building/garage envelopes to the outlets at Brush Creek. 4. Aqua Center. Construct all improvements including adult lap pool, family fun pool and water slide, two hot tubs, decks and walkways, pool house structure with locker rooms, steam room and food/beverage component, landscaping, fencing and mechanical equipment. 5. Snowmass Center Cabriolet Landing Site. Construct all improvements to provide the supporting foundation structure for the proposed landing site. 6. Transit Center. Grading, subgrade, foundations, walls, columns, slabs on grade, structural slabs, curb /gutter, sidewalk, elevators, painting, mechanical systems, fine protection systems, electrical systems, traffic control, striping, for the transit center located in the P3 level of the core area underground garage. 7. Day Skier Parking. Walls, columns, structural slabs, curb /gutter, stairways, elevators, painting, mechanical systems, fire protection systems, electrical systems, traffic control, striping, for the day skier parking area located in the P 1 level of the core area underground garage. 8. Building 2A Arts /Conference Center. Construct all improvements located at the Conference Level of Building 2A to facilitate use as a conference center, a movie and community center, an artisan center, and a learning/human/other similar development center. 9. Base Village Snowmelt of Wood Road and Lower Carriage Way. Mechanical systems to provide snowmelted right of way improvements on Wood Road from crosswalk location just east of main garage entrance at Building 8 to edge of bridge over Brush Creek and on Lower Carriage Way from intersection with Wood Rd to the west property line just beyond the Children's Center entrance. 10. Base Village Wood Road and Lower Carriage Way Road Improvements. Grading, subgrade, road/driveway pavements, curb /gutter, traffic control, and striping for construction of right -o£- -way improvements in Wood Road from a location just west of the Funnel Bridge to edge of bridge over Brush Creek and on Lower Carriage Way from intersection with Wood Road to the west property line just beyond the Children's Center entrance. Grading, subgrade, driveway pavement, curb /gutter and sidewalks from the location just west of the Funnel Bridge to the south side of the Fanny Hill Townhomes garage entrance. I i TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: NOVEMBER 1, 2010 EOTC There is an EOTC meeting scheduled for November 4, 2010. The Town of Snowmass Village will be hosting the meeting at 4:00 p.m. at the Snowmass Village Town Hall. Pending Actions Last Updated October 25, 2010 Staff Action Status Date to follow -up Contact I I w/ Council Land Use Planning Other Land Use The comprehensive plan has been 1S Phase of Land Department Code Issues approved. The Town Council has Use Amendments provided direction on the priorities approved on 2nd reading on October 18, 2010 Housin Housing Draw Site /Land On Nov. 2, 2009 Council directed staff to This project is in Department Inventory take no action on this topic other than to the Capital Projects continue identifying sites that should be Budget further investigated. Council asked that this project be revisited as part of the 2011 budget. Housing Housing Policy The consultant has completed a rational Housing Code Department nexus study and can begin to work with Amendments being the Town on a new housing policy. The prepared and will Planning Commission is also reviewing be reviewed by PC housing goals as part of the Comp. Plan in November. review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates) which would be 1) policy discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Housing For -Sale Deed Review current policy on doing biannual December 6, 2010 Department Restriction reviews of deed restricted homeowners Enforcement qualifications Finance Marianne GID Mil Levy Discuss option to increase the GID mil levy GID budget for for Base Village with the GID Advisory 2011 to be Committee and return back to the GID with considered on options. An update occurred on April 19, November 1, 2010 2010. Marianne Budget Update The last budget update occurred on December 6, October 7, 2010. The next update is 2010 anticipated on December 6th Other Mark Kittle REOP REOP Update Ordinance to deal with December 6, double exemption input from 9/22 2010 discussion. On 10/18 Council asked for more examples of this policy and whether an exemption for life safety could be reviewed by the Building Board of Appeals. Russ URA- Phase 1 Council authorized on October 4 December 2010. Forrest moving forward with the next steps to create an Urban Renewal Authority. 3rd Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA NOVEMBER 15, 2010 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 5:00 P.M. OLD BUSINESS Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RESOLUTION NO. 45, SERIES OF 2010 APPROVING THE EOTC 2010 REVISED AND 2011 PROPOSED BUDGETS (Time: 20 Minutes) ACTION REQUESTED OF COUNCIL: Approval of Resolution No. 45, Series of 2010 adopting the 2010 revised and 2011 proposed EOTC budgets. NEW COUNCIL BUSINESS Administer oaths for new Council Members Item No. 1: ROLL CALL Item No. 2: PUBLIC NON AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: APPROVAL OF RESOLUTION NO. 46 AND RESOLUTION NO. 47, SERIES OF 2010 APPRECIATION RESOLUTIONS -Mayor Boioneau Item No. 5: RESOLUTION NO. 43, SERIES OF 2010 —APPROVING FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT CERTIFICATIONS AND ASSURANCES FOR 2011 (Time: 15 Minutes) 11 -15 -10 TC Page 2 of 2 ACTION REQUESTED OF COUNCIL: Approval of Resolution agreeing to the Certifications and Assurances that are part of the Federal Master Agreement -David Peckler Item No. 6: RESOLUTION NO. 39, SERIES OF 2010 APPROVAL OF CONTRACT AGREEMENT WITH COLORADO DEPARTMENT OF TRANSPORTATION FOR A FEDERAL, TRANSIT ADMINISTRATION, SECTION 5311 ADMINISTRATION AND OPERATING GRANT (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Approve CDOT contract covering grant funding for transit services within Snowmass Village. -David Peckler Item No. 7: RESOLUTION NO. 50, SERIES OF 2010 ESTABLISHING TOWN COUNCIL "MEETING DATES FOR 2011 (Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 50, Series of 2010 Rhonda Coxon ...........................Page (Tab Item No. 8: MANAGER'S REPORT (Time: 10 minutes) Russell Forrest ...........................Page (TAB Item No. 9: AGENDA FOR NEXT TOWN COUNCIL MEETING ..............................P g (TAB a e Item No. 10: APPROVAL OF MEETING MINUTES FOR: Page ae(TA B) Item No. 11: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS ...........................Page (TAB Item No. 12: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours (excluding items 1 -3 and 9 —12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 OCTOBER 4, 2010 4 5 CALL TO ORDER AT 5:00 P.M. 6 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 8 Council on Monday, October 4, 2010 at 5:02 p.m. 9 10 Item No. 1 ROLL CALL 11 COUNCIL MEMBERS PRESENT: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. 12 COUNCIL MEMBERS ABSENT: All council members were present. 13 14 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town 15 Attorney; Hunt Walker, Public Works Director; Chris 16 Conrad, Planning Director; David Peckler, Transit 17 Director; Barb Peckler, Administrative Assistant; and 18 Rhonda B. Coxon, Town Clerk 19 PUBLIC PRESENT: Fred Kucker, Madeleine Osberger, Joan Bemis, Steve 20 Parmalee, Steve Alldredge, Mary Beth Blake, Doug 21 Casebeer, Ann Ricker and other members of the 22 public interested in items on today's agenda. 23 24 Item No. 2 PUBLIC NON- AGENDA ITEMS 25 26 Steve Parmalee resident of Snowmass Village thanked the Town of the retaining wall 27 work that was done on Deer Ridge Lane. 28 29 Item No. 3 COUNCIL UPDATES 30 31 Mayor Boineau reminded the public that Thursday October 7, 2010 is the Snowmass 32 Sun Candidate Forum from 5:00 7:30 p.m. in the Council Chambers. 33 34 Council Member Wilkinson stated that Snowmass Village trail system has been 35 nominated as an epic trail system by the International Mountain Bike Association. 36 37 Item No. 4 RESOLUTION NO. 40, SERIES OF 2010 IN OPPOSITION OF 38 STATEWIDE BALLOT ISSUE 39 40 Town Attorney John Dresser noted that on line 29 "charges" needs to be "changes He 41 also noted that this resolution is in opposition to Proposition 101 and its devastation to 10-04-1 OTC Minutes Page 2 of 6 42 state and local governments. Mayor Boineau provided some website addresses for the 43 public to gather more information on the circumstances behind Proposition 101. 44 45 Reed Lewis made the motion to approve as amended. John Wilkinson seconded the 46 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 47 48 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 49 Boineau. 50 51 Voting Nay: None. 52 Item No. 5 RESOLUTION NO. 41 SERIES OF 2010 -SUPPORTING REFERENDUM 53 2D AND ENCOURAGING A YES VOTE BY SNOWMASS VILLAGE VOTERS FOR 54 REFERENDUM 2D 55 56 Town Manager Russ Forrest stated that this Resolution is expressing support for TOSV 57 Referendum 2D to provide funding for transportation services and equipment, and 58 urging voters of Snowmass Village to vote in favor of Referendum 2D. 59 60 John Wilkinson made the motion to approve Resolution No. 41 Series of 2010 in 61 support of TOSV ballot issue Referendum 2D regarding transportation. Reed Lewis 62 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 63 64 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 65 Boineau. 66 67 Voting Nay: None. 68 Item No. 6 URBAN RENEWAL AUTHORITY 69 70 Town Manager Russ Forrest stated August 2, 2010 Council requested that staff take the 71 first step in conducting a preliminary conditions survey to determine if the three 72 commercial areas in TOSV meet the legal criteria for creating a URA. This is a 73 component of Phase 1 mentioned below. He noted the purpose of tonight's meeting is 74 to have the Town's consultants, Paul Benedetti and Anne Ricker of Ricker Cunningham 75 (formerly Leland Consulting Group), present their findings for this initial scope of work. 76 77 On February 22, 2010, Town Council asked staff to develop a more specific scope of 78 work for'forming a URA. At that same meeting, staff and Paul Benedetti reviewed the 79 legal process, as well as the pros and cons for implementing a URA. A URA was also 80 discussed on April 19, 2010. At this time a detailed scope and budget was presented to 81 Council. The interest to date for a URA is to give the Town a tool to assemble and 82 potentially condemn land where there are incomplete buildings in Base Village. This is 83 typically done with a private development partner that has the resources to pay for the 84 land and complete the development. There is currently no obvious private development 10-04-1 OTC Minutes Page 3 of 6 85 partner to achieve this goal. However, the Town could implement a URA without a 86 private development partner and simply maintain the tool to address this issue in the 87 future if a private development partner is found. The first question is to determine the 88 primary goal for creating a URA. 89 90 In April, staff prepared a scope of work with the assistance of Paul Benedetti and then 91 Leland Consulting Group. Attachment B is a summary of the process broken into 4 92 phases, with the key decision points in the process highlighted. Attachment C in 93 today's packet provides a potential timeline and schedule for expenditures based on the 94 proposed budget and scope of work It also outlines other detailed tasks that staff and /or 95 consultants would need to perform. He noted to keep in mind that the timelines in the 96 attachments have not been updated since the April 19 meeting. 97 98 Ricker went through the PowerPoint Presentation and spoke to various areas including 99 study area, statutory factors, observations, how many factors are enough, local 100 applications, areas of need within Snowmass Village, the pros and cons of establishing 101 a plan, boundary considerations and the next steps. 102 103 Reed Lewis made the motion to approve moving forward to Phase 2 and spending no 104 more than $3,065 in additional monies. Markey Butler seconded the motion. The 105 motion was approved by a vote of 4 in favor to 1 opposed. 106 107 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, and Markey Butler. 108 109 Voting Nay: and Mayor Bill Boineau. 110 Mel Blumenthal a part time resident of Snowmass Village commented on the legal 111 structure and the theory, but Snowmass Village is in a different situation and maybe we 112 should talk to the key players and see if they are interested in TIF. 113 114 Item No. 7 BUILDING 7 ART PROJECT 115 116 Town Manager Russ Forrest noted that the Surity has notified the Town that the funds 117 are available to pay for the $50,000 in public art called for in the Development 118 Agreement for Interim Building 7. The purpose of this item is to review a proposed art 119 project in Interim 7 that: a.) addresses functional needs in the bus bays, b.) provides 120 light and color in the bus drop -off area through vertical circulation in Interim Building 7. 121 The Snowmass Arts Advisory Board has reviewed this concept and has provided a 122 recommendation stated below: 123 124 As stated in the Development Agreement, (Building 7 Essential Public Facility -See 125 Attachment 1) February 16th, 2009 between the Town of Snowmass Village and BVO: 126 127 The Surity has advised the Town since they are fulfilling the terms of the Performance 128 Bond for interim 7 they would like to satisfy the art requirement as quickly as possible. 10-04-1 OTC Minutes Page 4 of 6 129 Staff made an initial request of the surety to simply provide $50,000 for a future art 130 project. However, the Surity has maintained the position that they will only fund an 131 actual art project. They asked that the Town develop a concept and an estimated price 132 for the project before paying the Artist(s) directly for the project. The Transportation 133 Department, working with the Metro District, determined that additional pedestrian 134 direction is needed to focus pedestrians crossings at safe points in the bus bays and 135 added that this could be done with art. Doug Casebeer who is on SAAB and from 136 Anderson Ranch developed a concept for the Art. SAAB has reviewed this Art project 137 and recommends moving forward. The Base Village Metro District has also reviewed 138 the concept and would accept the project in the building. 139 140 Doug Casebeer a Snowmass Village artist presented his proposal for the Interim 141 Building 7 art piece. He provided a drawing and an in -depth description of the entire 142 project. Town Council consensus was to approve the portion of the art proposal that 143 comes to $50,000 and the artist can work with the Metro District for the remainder of the 144 balance. 145 146 John Wilkinson made the motion to approve the scope of $50,000 and location of the 147 public art in Interim Building 7. Markey Butler seconded the motion. The motion was 148 approved by a vote of 5 in favor to 0 opposed. 149 150 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 151 Boineau. 152 153 Voting Nay: None. 154 Mel Blumenthal a part time resident of Snowmass Village asked about the $50,000 and 155 asked if it could be used anywhere in the Village. He also questioned the safety 156 measures for this building.. 157 158 Town Council took a break at this time. 159 160 Item No. 8 FIRST READING -ORDINANCE NO. 16 SERIES OF 2010 161 AMENDMENTS TO CHAPTER 16A LAND USE AND DEVELOPMENT CODE 162 163 Planning Director Chris Conrad stated that on May 17, 2010 the Town Council directed 164 staff to prepare amendments to Chapter 16A of the Municipal Code as appropriate to 165 implement Items 2, 6, and 8 Built Environment, of Chapter 10 of the Comprehensive 166 Plan. He noted that staff has proposed additional amendments to Chapter 16A of the 167 Municipal Code for consideration at this time. 168 169 Council and staff review the changes page by page and Council made suggested 170 language changes. 171 10-04-1 OTC Minutes Page 5 of 6 172 Arnold Mordkin made the motion to approve the first reading of Ordinance No. 16, 173 Series of 2010 Land Use Code amendments. Reed Lewis seconded the motion. The 174 motion was approved by a vote of 5 in favor to 0 opposed. 175 176 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill 177 Boineau. 178 179 Voting Nay: None. 180 Item No. 9 SNOWMASS CENTER RETAINING WALL REPLACEMENT 181 182 Planning Director Chris Conrad stated that this just an information item. The property 183 manager of the Snowmass Center will be fixing the condemned retaining wall that is 184 currently there. Conrad noted there will be a reduction of three parking spaces and he 185 will request that there is a set of steps to the lower level and that the bus stop is ADA 186 accessible. 187 188 Council also asked staff to consider a condition that a shopping cart return be placed at 189 the end of the mall by Spencer's for easy access to the new location of the bus stop. 190 191 Item No. 10 MANAGER'S REPORT 192 193 Town Manager Russ Forrest reminded Council there is a Special Budget Meeting 194 scheduled for Thursday, October 7th, 2010, in the Council Chambers at Town Hall. He 195 also noted that there is an EOTC Meeting scheduled for Thursday, November 4, 2010 196 at 4:00 p.m. in the Council Chambers at Town Hall. 197 198 Item No. 11 AGENDA FOR NEXT TOWN COUNCIL MEETING 199 200 Mayor Boineau asked that an Executive Session be added for the Town Manager 201 review on the October 18th, 2010 meeting. 202 203 Item No. 12 APPROVAL OF MEETING MINUTES FOR September 7, 2010 204 Reed Lewis made the motion to approve the Regular Minutes for the Snowmass Village 205 Town Council on Monday, September 7, 2010. John Wilkinson seconded the motion. 206 The motion was approved by a vote of 5 in favor to 0 opposed. 207 208 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and 209 Markey Butler. 210 211 Voting Nay: None. 212 Item No. 13 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 10-04-1 OTC Minutes Page 6 of 6 213 Council Member Butler will not be in Town to attend the Monday, November 15, 2010 214 Council Meeting. Mayor Boineau noted he will out of town November 4th through the 215 13th, 2010. 216 217 Item No. 14 ADJOURNMENT 218 219 At 8:32 p.m. 220 221 John Wilkinson made the motion to adjourn the Regular Meeting of the Snowmass 222 Village Town Council on Monday, October 4, 2010. Markey Butler seconded the 223 motion. 224 225 Voting Aye: None. 226 227 Voting Nay: None. 228 Submitted By, 229 230 231 232 Rhonda B. Coxon, Town Clerk 233 1 2 SNOWMASS VILLAGE TOWN COUNCIL 3 REGULAR MEETING MINUTES 4 THURSDAY, OCTOBER 7, 2010 5 CALL TO ORDER AT 8:30 A.M. 6 7 Mayor Boineau called to order the Special Meeting of the Snowmass Village Town 8 Council on Thursday, October 7, 2010 at 8:35 a.m. 9 10 Item No. 1 ROLL CALL 11 COUNCIL MEMBERS PRESENT: Arnold Mordkin, John Wilkinson, Mayor Bill Boineau, Markey Butler, and Reed Lewis. 12 COUNCIL MEMBERS ABSENT: All council members were present. 13 14 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town 15 Attorney; Hunt Walker, Public Works Director; Chris 16 Conrad, Planning Director; Lesley Compagnone, 17 Public Relations; Art Smythe, Chief of Police, Joe 18 Coffey, Housing Director; Marianne Rakowski, 19 Finance Director; Brandi Lindt, Assistant Finance 20 Director; David Peckler, Transit Director; Rhonda B. 21 Coxon, Town Clerk 22 PUBLIC PRESENT: Fred Kucker, Jason Haber, Madeleine Osberger and 23 other members of the public interested in items on 24 today's agenda. 25 26 Item No. 2 BUDGET HIGHLIGHTS 27 28 Town Manager Russ Forrest reviewed the agenda which includes introduction /summary 29 and Financial Advisory Board (FAB) recommendations. After that he noted staff will 30 review each fund consisting of, the General Fund, RETT, Road Fund, Lottery Fund, 31 REOP, Excise Tax, Housing Funds, Marketing Group Sales and Capital Projects. 32 Forrest also reviewed the last two years, where we are today and the major variables 33 that affect us. He then reviewed the guiding principles that were used in putting together 34 the budget scenarios before the Council today. 35 36 The Council also asked that staff be prepared to provide updates in December, March 37 June, and in October or November. 38 39 Item No. 3 FINANCIAL ADVISORY BOARD (FAB) RECOMMENDATIONS 40 10- 07 -10tc Minutes Page 2 of 3 41 Chairman of the FAB Fred Kucker reviewed the recommendations. First the FAB 42 commends staff for maintaining the expenditures with the budgeted amount for 2010 43 during these economic times. In regards to the subsidy of the Recreation Center, the 44 FAB recommends that Council adopt a budget that reflects the same subsidy level as 45 the 2010 revised budget amount of $401,000. He noted that this may mean that the 46 Recreation Center continue with a reduced staff level in order to achieve this goal. The 47 FAB also recommends that Council direct the FAB to review the revenue /fee structure 48 and expenditures of the Recreation Center in detail to determine if the subsidy level is 49 set appropriately and to forward Council any recommendations based on that review. 50 The FAB also believes that there would be a benefit to having more interaction among 51 the Snowmass Tourism department, Rec Center staff and the FAB prior to the budget 52 process to gain a better understanding of their financial operations and goals. Finally 53 the FAB recommends that the Town err on the side of retaining key personnel over the 54 next 12 -18 months by using some of the $5,000,000 fund balance in the General Fund. 55 56 Item No. 4 BUDGET TRANSMITTAL AND BUDGET PRESENTATION 57 58 Finance Director Marianne Rakowski reviewed the budget highlights and assumptions 59 used by staff in producing the budget. She also reviewed the impact of the statewide 60 ballot issues in relation to the Town's budget. Staff has prepared three budget scenarios 61 and a best case scenario; these were explained and discussed with Council. 62 63 Item No. 5 DIRECTION FROM COUNCIL ON BUDGET 64 65 After a lengthy discussion on all the funds, Council provided the following tasks for staff 66 to follow up on: 1) If the General Fund allows the fund balance to drop below $5M, there 67 will need to be a plan to replenish it in the future back to a minimum of $5M 2) In 68 Transportation, staff should continue to evaluate service levels looking for efficiencies in 69 all areas including drop -off and pick -up time intervals. 3) Parks and Trails need to 70 develop a plan for re- paving trails. 4) Parks and Trails should develop a volunteer trails 71 program with a set schedule that can be advertised in advance of the season. 5) Parks 72 and Trails should also develop an "Adopt -a- Trail" program for continued upkeep of the 73 system. 6) RETT Fund: Can we afford to put $30K back into the budget for Mountain 74 Trail maintenance this summer? 7) RETT Fund: Cut the three part -time positions from 75 the 2011 budget unfilled /vacant in 2010. 8) Recreation Center: Continue to find ways to 76 increase revenue. Begin with using the Public Relations Director to market the 77 Recreation Center, then possibly use the Marketing staff. 9) FAB should review the 78 Recreation Center budget (revenues and expenditures) in depth to help determine if the 79 current subsidy level is reasonable and make recommendations based on this review. 80 10) Road Fund: Pull together all of the reserves that need to be funded for future road 81 projects and determine what the annual funding level should be and if the mill levy is 82 enough to fund these projects. 11) Lottery Funds: Finance Department to look at what 83 the $20K per year could be used for on an annual basis. 12) Holy Cross Enhancement 84 Funds: Determine what type of beautification projects Holy Cross would approve for use 85 of these funds (similar projects to the Lottery Fund example). 13) Housing Funds: 10- 07 -10tc Minutes Page 3 of 3 86 Develop a Master Plan now, for future implementation of the whole Employee Housing 87 Area. Include possible redesign of the projects with a mixture of units or unit size that 88 most employees are looking for. Look for opportunities to change the unit mix if 89 necessary and be sure to include any building code concerns that would need to be 90 addressed. 14) FAB: Have the Marketing Director go through their budget prior to the 91 budget process to give the FAB a better overall understanding of the financial picture for 92 Snowmass Tourism. Be sure the FAB understands that the "buck stops" with Council, 93 but that the FAB is to look at it from a financial standpoint. 15) Research the ability to 94 receive grants to put in Wi -Fi within Snowmass Village. 16) Move forward to adopt the 95 Modified Scenario #1 for the General Fund. 96 97 Item No. 6 ADJOURNMENT 98 99 At 2:05 p.m. 100 101 Reed Lewis made the motion to adjourn the Special Meeting of the Snowmass Village 102 Town Council to review the budget, on Thursday, October 7, 2010. John Wilkinson 103 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 104 105 Voting Aye: Arnold Mordkin, John Wilkinson, Mayor Bill Boineau, Markey Butler, Reed 106 Lewis 107 Voting Nay: None. 108 Submitted By, 109 110 111 Rhonda B. Coxon, Town Clerk 112 IIIII I III'' e �e Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Town Council Election Day EOTC MTG Meeting �L ,;,o 0 4:00 P.M. 4:00 m. s"` Snowmass Village Council Chambers 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Town Council Meeting 4:00 m. 21 22 23 24 25 26 27 Thanksgiving Day! 28 29 30 II IIM December Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Town Council Meeting 4:00 p.m. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Christmas Council Town Hall Day! Meeting Closed for 4:00 p.m. Christmas'` �x Holiday! 26 27 28 29 30 31 Town Hall Closed for New Years Holiday! AI