HomeMy WebLinkAboutC84-002 Sudivision Agrements_Beaver Creek PUDBEAVER CREEK
SUBDIVISION AGREEMENTS
In the process of obtaining approval for the Beaver
Creek Planned Unit Development (the "Subdivision") and the For-
est Service Special Use Permits related to the Beaver Creek Ski
Area, several associated issues were examined. The following
is a summary of those issues and the working documents by which
they are administered.
ISSUES/DOCUMENTS
A. Access. In conformance with the requirements of
the Special Use Permit, User Number 4191, as supplemented by
Special Use Permit Number 4191, both dated January 29, 1980,
and issued by the United States Department of Agriculture, For-
est Service (the "Special Use Permit"), the following limita-
tions and requirements apply to access for the Subdivision:
1. Roads within the Subdivision are on land
owned by Vail Associates, Inc. ("VAI") and are "limited access
roads". The construction, maintenance and repair of such roads
are the responsibility of the Beaver Creek Metropolitan Dis-
trict (the "District") pursuant to perpetual non-exclusive
easements and right-of-ways granted by VAI. Access is limited
to authorized vehicles only as specified in the Rules of the
Road of the District in effect and as amended from time to
time.
2. The Beaver Creek Resort Company, as specified
in Paragraph 3.5 of the Amended and Restated General Declara-
tion for Beaver Creek (the "Declaration"), recorded with the
Clerk and Recorder of Eagle County, Colorado on December 27,
1979 in Book 296 at Page 446, provides for the operation, main-
tenance and repair of a transportation system between the base
area surface parking lots (located on portions of Tracts N. P
and Q) along Highway 6 and the commercial, residential and rec-
reational areas of the Subdivision.
3. Pedestrian/equestrian access through the Sub-
division's private property to Forest Service managed public
lands to the south, east and west is provided by the Western
Hillside Access Trail (map attached as Exhibit A), portions of
which are on land zoned Open Space Recreation designated for
such use and, where appropriate, by easements reserved by VAI
for this purpose.
4W
B. Air Quality. The Beaver Creek Resort Company is
required to provide appropriate technological devices to moni-
tor air quality in the Subdivision per the Beaver Creek Recrea-
tion Area Cooperative Agreement dated September 15, 1981 among
VAI, the State of Colorado and Eagle County as amended from
time to time or term (attached as Exhibit B).
C. Dogs. A regulation for the Control of Dogs in
the Subdivision was adopted by the Beaver Creek Resort Company
on June 22, 1983 (attached as Exhibit C). The Division of
Wildlife and the Eagle County Board of County Commissioners
(the "Board" ) approved this regulation at the Board's meeting
of June 8, 1983.
D. Employee Housing. Within the Subdivision, Tract
B has been designated as a Residential High Density tract to
provide housing for employees. Land use designations are spec-
ified in the Beaver Creek PUD Guide (the "Guide") recorded with
the Clerk and Recorder of Eagle County, Colorado on August 26,
1983 in Book 366 at Page 890. A total of up to 358 employee
housing units has been planned for phased development on this
tract as the need is demonstrated in the reasonable determina-
tion of the Board.
E. Fire Protection. As stated in the revised Bea-
ver Creek Development Plan dated June,, 1977 (the "Development
Plan"), an on -site two -bay fire station is planned for the Sub-
division. At this time construction is anticipated for 1984.
To date the District owns the following vehicles: one mini
pumper, one pumper and one-third of the Avon aerial ladder
truck.
The District is responsible for fire protection in
the Subdivision. As an integral part of its fire protection
plan, the District requires, via its Fire Safety Rules and Reg-
ulations, that all structural units must be connected to the
District's fire monitoring system.
F. Parking. In conformance with the requirements of
the Special Use Permit, surface parking facilities are present-
ly provided along Highway 6 on portions of Tracts N. P and Q
with a total aggregate capacity at build -out of approximately
1,400 parking spaces. This surface parking is currently free
to day visitors and employees. Surface parking facilities are
to be built on a phased basis with parking requirements review-
ed by Eagle County and the United States Forest Service as part
of the annual Special Use Permit review process.
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G. Quarterly Report. As specified in the September
4, 1979 letter (attached as Exhibit D), a Dwelling Unit and
Commercial Space Report (the "Quarterly Report") will be sub-
mitted by VAI to the Eagle County Zoning Administrator on a
quarterly basis and as supplemented from time to time. The
Quarterly Report is a detailed statement of the number of
dwelling units and/or commercial space which VAI has assigned
to each lot within the Subdivision.
H. Sanitary Sewer System. Pursuant to an agreement
dated February 13, 1979, between VAI and the Board which re-
quires VAI to install the sanitary sewer system in connection
with the Subdivision, the Board has been granted a security
interest in Lots 24 and 25, Tract J (Block 2) to insure the
installation of the sanitary sewer system. Neither lot will be
sold until the release provisions of said agreement have been
met.
I. School Site. School site dedication requirements
imposed on VAI by the Board in connection with the original
approvals for the Subdivision have been fulfilled pursuant to
the April 11, 1975 Agreement and the November 7, 1979 Amendment
by and between Benchmark at Beaver Creek, VAI and the Board
(attached as Exhibit E).
J. Stream Gauging Station. VAI or the Beaver Creek
Resort Company through commitments to Eagle County and as evi-
denced by past behavior is responsible for payment of the
Board's portion of reasonable costs incurred via the Joint
Funding Agreement between the Board and the United States Geo-
logical Survey for the stream gauging station located at the
mouth of Beaver Creek.
R. Water. By decree of the District Court in and
for Water Division No. 5, entered in Case No. W-2719, the State
of Colorado has the right to maintain a minimum-streamf low on
Beaver Creek of 4 cf s from October 1 through April 30th and 12
cf s from May 1 through September 30 th or the natural streamf low
whichever is less. While VAI's Beaver Creek irrigation water
rights are senior to the State's minimum streamf low appropria-
tion, VAI shall maintain such minimum streamf low in connection
with the municipal and commercial use of water at Beaver Creek.
Municipal and commercial use of water will be diverted from
Beaver Creek approximately 1/2 mile upstream from Tract A.
During periods of low flows, a backup water supply from the
Eagle River will be used to replenish the flow immediately
downstream of the intake.
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This document is intended to serve as a working tool
for those involved with the Subdivision. It should not be
relied upon to provide a complete list of all governing docu-
ments and terms affecting the Subdivision. Users are encour-
aged to review all applicable documents in their entirety be-
fore embarking on any major endeavor.
The undersigned certify that the foregoing was re-
viewed by the Board of County Commissioners of Eagle County,
Colorado on this .6.1-1/ day of a�_c�,� �.-a , 1984.
ATTEST:
Clerk of th Board of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
Dan Williams, Commissioner
+� VAIL AS O,CIA�ATTES, INC.
ATTEST:
By:
We - President
,of33 Secretary
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EXHIBIT A
BEAVER CRF,. SUBDIVISION AGREEMENTS
PEDESTRIAN, EQUESTRIAN WESTERN HILLSIDE ACCESS TRAIL
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PARKI NG :•�^ p1`" = .. _ -� " ' ''
East Day Parking Area ��= .� �` _ • '�
1983
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II. ACTION PLAN:
A. For such period of time as it deems appropriate, the
STATE will:
1. Provide technical assistance and training to V/A
and the RESORT COMPANY relative to:
a. Selection of instruments for measuring parti-
culate matter and carbon monoxide.'
b. Air sampling methods and instrument calibration
techniques
2. Provide review of data collected and analyzed by
the RESORT COMPANY and submit comments concerning
r the STATE's interpretation of the results.
l 3. Recommend data collection frequency relative to
statistical significance and seasonal factors.
4. Consult with V/A and the RESORT COMPANY to define
the Pollutant_ Standards_Index_(PSI) levels for
---- -------------- ----- ---
the Beaver Creek air shed.
B. The RESORT COMPANY will:
1. Provide and operate the following sampling equipment
at a location just north of the Beaver Creek Village
(Tract A) :
a. Ili -Volume Air Analyzer operated from midnight
to midnight every fourth day.
b. "Beta gauge" or other continuous particulate
measuring device approved by the STATE to be
operational by the winter oZ 1982.
C. Nondispersive infra -red CO analyzer•operated
continuously with ineasurezients recorded on a
strip chart recorder.
2. Provide and operate a weather station For recording
wind speed and direction and temperature at the
above location.
3. Provide and utilize remote sampling collection devices,
such as a bag sampler, to collect carbon monoxide
samples at Beaver Crcek.reception/parking center near
Avon. Samples will be collected at time inEervasls
recommended -by the STATE, but not more than once
EXHIBIT B
BEAVER CR1� SUBDIVISION AGREEMENTS
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'•= BEAVER CREEK RECREATION AREA COOPERATIVE AGREEMENT
This COOPERATIVE AGREEMENT made this 15th c34 Of 'Septemher ,
1981, by and between tite STATE OF COLORADO, acting -by and through
*the Department of Health for the use and benefit of the Air
• Pollution Control Division, hereinafter called the STATE; Vail
Associates, Inc., hereinafter called V/A; Rflaver Creek Resort Company,
hereinafter c:allcd the RESORT COMPANY; the Forest Service, U.S.
DEPARTMENT OF AGRICULTURE, hereinafter called the SERVICE; and
EAGLE COUNTY, hereinafter called the COUNTY.
WHEREAS, it is the mutual desire of the STATE, V/A, the -RESORT
COMPANY, the SERVICE and the'COUNTY to work in harmony for the ,
purpose of controlling the effects of proposed recreation development
on the air quality of the Beaver Creek air shed in order to insure
that the amount of air quality•degredation caused by development
does not violate applicable ambient air standards, emission control
regulations, oremissionpermit requirements.
t:HEREAS, the STATE recognizes that the RESORT COMPANY and V/A
have substantial responsibilitY_for that air shed parcel over the
property at Deaver Creek. and substantial control of the land and
activities thereon through ownershifl and c?ec:d restrictions, and
that the RESORT COMPANY and V/A have agreed to control the discharge
of pollutants, specifically particulate matter and carbon monoxide
resulting from the use of fireplaces and autos, so that adverse.
air quality impact will be minimized.
THEREFORE, it is agrand that the following action plan shall
be pursued: .
I. OBJECTIVES:
The objectives of this cooperative undertaking are as follows:
A. To keep the air within the Beaver Creek air shed in
compliance with applicable federal ambient air quality
standards.
D. To monitor wind velocity and direction and air quality
conditions during the construction period and during
operating periods 4_r4_�4xgLt-
fireplace burning control system will be provided tq _tbe.MaTF by
th•- RESORT COMPANY in the form of written reports at the following
times:
1. After the 1982 ski season operation.—
2. After the first 1,000 fireplaces are operational.
The Division will determine whether emissions in the air shed
have caused any material violations of Federal ambient air quality
standards. If it is determined that standards were violated within
the Beaver Creek air shed, the RESORT COMPANY shall immediately
take action consistent with Attachment A needed to meet all Federal
ambient air quality standards which are then in effect, such as the.
following: additional fireplace controls, traffic controls, instal-
lation of electrostatic precipitators and catalytic converters on
all fireplaces. If, after the Beaver Creek Recreation Area has
reached full development (3,223 units), the STATE and the COUNTY de-
termine that the development under the fireplace burning control
system prevents violation of such standards, limitations, and permit
conditions. this agreement shall be deemed terminated, subject to such
further surveillance, monitoring, and permit requirements as routinely
.applicable to such air contamination sources. Amendments to this
agreement may be proposed by any of the parties and shall become
effective upon approval in writing by all parties hereto.
III. This agreement supersedes the previous agreement relative to
fireplace limitations and control for the Beaver Creek Resort Company.
IV. MISCELLANEOUS: Nothing in this cooperative agreement shall
be construed to limic the right of the SPATE to enforce applicable
air pollution laws and regulations at any time concerning this air
contamination source. Nor shall the services performed by the STATE
constitute or imply a waiver of any other requirements of law which
the STATE may impose or of any enforcement action the STATE may
take pursuant to law. Effectuation of this agreement at the STATE
level shall include approval by the Colorado Air Pollution Control .
Division.
every four days.
. 4.
Keep records of -all data collected and'the corres-
ponding resort occupancies and traffic dA to during
the ski season.
S.
Operate its computerized'fireplacel5urning control
system as set forth in Exhibit A.
6.
Use best efforts to ensure that the above system
•
will be operational by the winter of 1982 and main-
tained in operational condition'throughout.all ski
seasons thereafter. If unforeseen delay occurs,
then the latest date for the system operation would
be prior to when 500 fireplace become operational
in Deaver Creek.
7._-
To_cooperate with _Eagle County_and_other_gov_ernmental
entities to maintain federal ambient air quality
-----------------------------------------
standards -in -adiacent_air sheds.
---------------------
C. The
COUNTY will:
1.
Use reasonable efforts to ensure that the Beaver
Creek computerized fireolace_burning_control system
for no -burn periods is utilized and•that the air
quality data collection program is pursued.
2.
Take all.necessary steps to regulate development
within the Beaver Creek air shed to insure compliance
with this agreement.
D. It is the joint agreement of the parties hereto:
1.
To :ao.:k in harmony ho insure that air quality in
the Beaver Creek air shed is maintained within appli-
cable ambient Federal air quality standards.
2.
To meet at least semi-annually at times to be agreed
upon later to discuss the air quality monitoring and
control program, review its effectiveness, and modify
�.
techniques and scope as necessary to meet all appli-
cable standards and regulations and minimize air
pollution emissions wherever possible.
This agreement shall be implemented when signed by the designated
representatives of the partics.hereto. Analyses of the computerized
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STATE OF COLORADQ Vail Associates, Inc.
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By: By.
Date: Date.
Beaver Creek Resort Company
... By: �W �1P
Date:
Air Pollution Control Division Eagle County Board of County.
of Colorado, Dept. of Itealth Commissioners (County Seal)
By: By:
Dire for /
Date:_ Date:
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"EXHIBIT A"
CONSENT IN 14RITING IN LIEU OF A SPECIAL MEETING
OF THE BOARD OF DIRECTORS
of .
BEAVER'CREEK RESORT COMPANY
Pursuant to Section 7-23-110 of the Colorado 'Nonprofit
Corporation Act (C.R.S., 1973), the undersigned, being all of the
directors of the Beaver Creek Resort Company, a Colorado nonprofit
corporation (the Company), hereby consent to, vote in favor of and
adopt the following 'resolution:
RESOLVED, that the Regulations regarding
the Control of Fireplace Burning in Beaver
Creek, attached hereto as Exhibit A and
incorporated herein by.this reference,
`. be and hereby is, in all respects, ratified,
approved and confirmed.
f
Executed this 7-9 day of September, 1931.
Jac ' Acufi, Director
7
John Horan -Kate Director
T• Leonard, D' ctor
Pis{ or fLesbma • , Mirector
rs llirec/tor
Wb ert Parker, Director
Brian Rapp, Di for
. .. EXHIBIT .A .
Regulations Regarding the Control of''. .
Fireplace Burning in Beaver Creek `•
Pursuant to the authority granted to•the Beaver Creek Resort
Company through mandatory membership of all property owners/subowners
in the Resort Company as set forth in the amended and Restated
General Declaration for Beaver Creek, Eagle County, Colorado,
including, but not limited to, the provisions of paragraphs 3.12,
3.18, 7.2, 7.5. 7.8 and 7.13 of the Restated General Declaration,
and in order to control fireplace burning and to ensure that all
owners, subownerrs and guests of Beaver Creek may enjoy the use. of
' fireplaces without violating the Federal ambient air quality
M '
standards, the Beaver Creek Resort Company Board of Directors
hereby adopts the following regulations:
I. REGULATION: Every fireplace and wood burning stove shall be
equipped, at the owner's cost, with a flue temperature switch
with a form C contact, wired to the central communication system
terminal located within the building. Said switch shall be
maintained in working order at owner's expense at all times.
REASON: The flue temperature switch will detect fireplace
operation.
II. REGULATION: A red pilot light shall be mounted, at the owner's
expense, on or immediately adjacent to each fireplace and wired
to the central communication system terminal located within
the bu:l:iing. •Said pilot light shall be maintained in work-in;
order at owner's expense at all times.
RTrASON: The pilot light will advise the dwelling unit owner,
subowner or guest to stop fireplace burning whenever, in the
Resort Company's opinion, continued burning may violate Federal
ambient air quality standards. P-r L.e .
III: REGULATION: When the fireplace pilot light is activated, the -
owner. subowner, or guest is prohibited form stating a new
fire. If owner, subowner, or guest already has a fire burning
in his fireplace and the pilot light is activated. the owner,
subowner, or guest is prohibited from adding fuel 'tothe fire.
REASON: Fireplace pilot lights will be activated when, in the
judgment of the Beaver Creek Resort Company, the level of
particulate matter concentration in the Deaver Creek air shed
is in danger of exceeding the Federai ambient standard.
IV. REGULATION: In the evenC that a new fire is started -in a
fireplace while the fireplace pilot light is lighted or an
existing fire in a fireplace is not extinguished within two
hours of the lighting of the fireplace pilot light, (a) Resort
Company personnel may enter the premises in which such fireplace
is located and extinguish the fire, and (b) a fine shall be
levied against the owner, subowner, and/or guest of the dwelling
unit or commercial space in which the fireplace is located in
accordance with the following schedule:
lst offense warning
2nd offense $100.00
3rd offense $250.00.
4th offense $500.00
REASON: The Resort Company must insure that the visitors and
residents of Beaver Creek may enjoy the use of fireplaces
without violating the Federal ambient air quality standards.
V. AMEr1DMENT: These regulations may be amended at any time by
the Resort Company's Board of Directors -if such amendment*is
approved by the Air Pollution Control Division of the Colorado
Department of Health and Eagle County.
EXHIBIT C
BEAVER CR�swi{ SUBDIVISION AGREEMENTS
i
RESOLUTION
OF
THE BOARD OF DIRECTORS OF THE
BEAVER CREEK RESORT COMPANY
A REGULATION FOR THE CONTROL OF DOGS IN BEAVER CREEK
WHEREAS, Section 3.11 of the Amended and Restated General
Declarations authorizes Beaver Creek Resort Company (Resort
Company), to adopt a resolution providing for control and
licensing of dogs in the Beaver Creek Subdivision (Beaver Creek);
and
WHEREAS, the Board finds that dogs running at large within Beaver
Creek constitute a menace to the public property, wildlife, health,
• welfare, peace, and safety; and
WHEREAS, the Board feels that ownership of a dog within Beaver
Creek is a serious responsibility; and
WHEREAS, the Board finds that the current Dog Control Regulation
as adopted June 8, 1982 does not adequately provide for the control
of dogs and other reasonable or necessary regulations pertaining
thereto; and
.WHEREAS, this Regulation is intended to repeal and replace the Dog
Control Regulation as adopted 'June 8, 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
BEAVER CREEK RESORT COMPANY, THAT THE FOLLOWING REGULATION BE AND
IS HEREBY ADOPTED:
Sec. 1. Definitions. For.the purpose of this Regulation, the following
definitions shall apply:
1.1 Dog: Any animal of the canine species, regardless of sex.
1.2 Dog, male: A dog of the masculine gender, either castrated
or not castrated.
1.3 Dog, female: A dog of the female gender on which no surgery
of the genital organs has been performed.
1.4 Dog, spayed female: A female dog on which an ovariectomy or
ovarohysterectomy has been performed by a licensed
veterinarian.
1.5 Dog, stray: A dog which does not appear to have an owner or
Dogs-1
whose owner is unknown and which is unlicensed or does not
appear to be licensed, and/or found attached or loose
anywhere within Beaver Creek.
1.6 Dog Owner: A person who owns, possesses, controls,
maintains, keeps, or harbors a dog or knowingly permits a
dog to remain for seven consecutive days on or about
property or premises owned, controlled, or occupied by him
or her; a kennel is not a dog owner within the purview of
this definition.
1.7 Kennel: A person, entity or operation which is licensed or
permitted by the State of Colorado and/or County and which
keeps and maintains dogs for sale, resale, boarding,
breeding, show, hunting or other commercial or recreational
purposes.
1.8 Control: Control of a dog means physical control of a dog '
by means of a leash, rope or chain no longer than twenty
(20) feet in length except when the dog is locating or
s
retrieving wild game in season for a licensed hunter, or
assisting law enforcement officers or participating in
rescue operations, or while actually being trained for any
of these specifically enumerated pursuits.
1.9 Bodily Injury: Bodily injury means any injury caused by dog
bite whereby at a minimum the skin is broken, exterior
bleeding occurs or emergency medical treatment by a licensed
physician is reasonably necessary.
1.10 Running at Large: Running at large shall mean a dog enters
the property of another person without authorization of that
person, or when it enters public property, and is not under
the control of the dog owner or a responsible member of the
owner's family or an employee or agent of the owner, either
by leash, rope, or chain not more than twenty (20) feet in
length.
1.11 Vicious Dog: A vicious dog is hereby defined as any dog
that bites or snaps at a person on the street or at a common
area or public place, or that runs or snaps at a horse or
vehicle upon the public streets or way, or bites, snaps,
Dogs - 2
M
runs or otherwise attacks or threatens wildlife or
livestock.
1.12 Vaccination, inoculation, or vaccination for rabies: These
terms shall mean the inoculation of a dog with a vaccine
approved by the *U . S . Department of Agriculture for use in
the prevention of rabies.
Sec. 2. Restricted Vehicular Access.
2.1 N o dog which is not licensed shall be permitted to enter
Beaver Creek.
2.2 Only those persons owning real property in Beaver Creek, or
having a minimum of one year lease for property in Beaver
Creek and having the permission of the lessor to harbor a
dog will be provided a dog license by the Beaver Creek
Resort Company.
2.3 Dogs assisting handicapped persons or law enforcement
officers need not be licensed, but must register with
Security upon entering Beaver Creek.
Sec. 3. Annual Licensing and Vaccination Required.
It shall be the duty of a dog owner as restricted in Sec. 2 to
annually obtain a license in accordance with the provisions of this
resolution for each dog which he or she maintains, keeps or harbors
within the Beaver Creek Subdivision and to have annually vaccinated
or inoculated against rabies each dog for which said license is
required in order to be licensed, a dog must first have been so
vaccinated or inoculated as can be demonstrated by a vaccination
certificate.
Sec. 4. Issuance of Dog License and Dog Tag.
The Beaver Creek Security Department shall issue a dog license and
dog tag upon receipt of the executed application therefor and the
license fee and inspection of the vaccination certificate.
Sec. 5. Duration and Requirements of Dog License and Dog Tag.
5.1 A dog license shall be valid for one year from date of issue
and is not subject to renewal; upon the expiration of a dog
license, a new license must be obtained for the succeeding
year.
5.2 A dog license will state the following information:
Dogs - 3
1. Name and address of the dog owner.
2. Breed, sex, age and description of the licensed dog.
3. Date of vaccination or inoculation against rabies
according to the vaccination certificate.
4. Amount of license fee paid.
5. Date of issuance of license.
6. Number of license.
5.3
A dog tag shall be issued to the dog owner with the dog
license and will be regarded as a part of the license. The
tag will be made of a durable material, shall be suitable to
be attached to a dog collar or harness, and will state the
date of issuance and the number of the dog license. (In
lieu of wearing the tag, a dog must be tattooed at the
owner's expense.)
5.4
Upon payment of the license fee as provided herein, the
official receiving said license fee, shall issue to the
applicant a receipt for the payment received for each dog
licensed. The receipt shall contain the number of the
license as shown on the tag. Said receipt shall be retained
by the respective owner for inspection as may be reasonably
required by any Dog Control Officer or any Deputy Control
Officer or any Peace Officer. In the event, a dog tag is
lost, destroyed or mutilated, a duplicate tag may be issued
by the appropriate official, upon presentation of the
receipt showing the payment of the license fee for the
current year and upon the additional payment of a fee in the
amount of 50(,% for such duplicate tag.
5.5
Dog tags shall not be transferable from one dog to another
and no refunds shall be made for any dog license fee because
of the death of the licensed dog or due to the licensed dogs
permanent removal from the County, prior to the expiration
of the license year.
5.6
It shall be unlawful to possess and/or fix a license and
respective tag.to or for any other dog than that specifid
animal for which the respective license and tag have been
issued for.
Dogs - 4
M
Sec. 6. Fees for Dog License and Tag/ Maximum Number of Dogs.
6.1 The regular fee for both the license and the tag shall be
two dollars ($2.00) for a neutered dog and five dollars
($5.00) for a dog not neutered.
6.2 No more than three dogs per household will be licensed.
Sec. 7. Vaccination or Inoculation Against Rabies.
7.1 The vaccination or inoculation against rabies required in
order to obtain a dog license must be performed by a
licensed veterinarian.
7.2 The dog owner will obtain from the veterinarian a
vaccination certificate which states the type of vaccine
with which the dog was inoculated and the date of the
inoculation.
Sec. 8. Control.
8.1 It shall be the duty of any owner or keeper of a dog to keep
such dog under control, as hereinabove defined, so as to
prevent the dog from running at large, becoming a danger to
persons or property, or trespassing on the property of
another, except that the purposes of this Section 2 shall
not apply to dogs assisting law enforcement officers or
while actually being trained for any of these specifically
enumerated pursuits.
8.2 A dog shall be deemed not under control when:
8.2.1 Said dog inflicts injury or damage to the
person or property of anyone other than the dog
owner.
8.2.2 A female dog, during its period of estrus, is
not securely confined on the property or
premises of the dog owner.
8.2.3 A dog within the open portion of a vehicle
parked on a common area or public place,
whether restrained or not, which is creating a
.danger to persons and/or property in the
immediate vicinity thereto.
Dogs-5
8.3 Any owner or keeper of a dog desiring to build or add a dog
kennel (doghouse), fenced area or run on his property must
do so in complianc with Beaver Creek Design Regulations and
obtain the approval of the Beaver Creek Design Review Board.
Sec. 9. Impounding of Dogs.
9.1 The Resort Company or its designated agent (which may be the
Eagle County Dog Control Officer) may apprehend any stray
dog or any dog found running at large or not under control
contrary to the provisions of Section 8 and to impound such
dog in a suitable place determined by the Resort Company or
its designated agents, and upon receiving any dog shall make
a complete registry entering the breed, sex, and color of
such dog, and whether licensed; if licensed, he shall enter
the name and address of the owner and the date and number of
the dog tag.
9.2 Resort Company or its designated agent, shall use reasonable
efforts to contact the impounded dog's owner, if known, or
if the owner of the dog is unknown, or the dog is a stray
dog, notice shall be posted at one or more conspicuous
places in Beaver Creek describing the dog and the place and
the time of taking. The dog owner of said dog so impounded
may reclaim said dog upon payment of all costs and charges
incurred by the Resort Company, or its designated agent.
Sec. 10. Vicious Dogs Confined. No dog owner shall keep a vicious dog
unless confined in an enclosure or tethered on private property so
as not to interfere with the common or public areas. The Resort
Company or its designated agent may impound any such vicious
animal that is in violation of this Section.
Sec. 11. Affirmative Defense. If 'a dog is provoked into biting, such
provocation shall constitute an affirmative defense that may be
plead by an owner with a violation of this Regulation.
Sec. 12. Interference with Animal Control Officer. No person shall
interfere with, molest, hinder, or obstruct the Resort Company or
its designated agent in discharging his/her duties under this
Regulation.
Sec. 13. Threatening of Wildlife and Livestock. No person shall permit
Dogs - 6
and/or allow a dog to run after, pursue, bite, snap at, attack or
otherwise threaten wildlife and/or livestock. In the event any
dog is found to have threatened any such wildlife and/or
livestock, said dog may be impounded under this Regulation and
deemed a vicious dog.
Sec. 14. Liability for Accident or Subsequent Disease from Impoundment.
Neither the Board of Directors of the Beaver Creek Resort
Company, its employees or agents, or persons authorized herein to
enforce the provisions of this Regulation shall be held
responsible for any act taken pursuant to this Regulation
including but not limited to any accident or subsequent disease
which may be suffered by a dog as a result of the administration
or implementation of this Regulation.
Sec. 15. Disturbance. No dog owner shall allow a dog -to bark or howl so
as to disturb the peace and quiet of others.
Sec. 16. Unlawful Taking or Release.
16.1 No person shall take any dog from an enclosed lot, premises
or other building and deliver the dog to the impounding
facility unless authorized to do so by the owner or keeper
of the dog or as otherwise authorized by this Regulation.
16.2 No person shall open or cause to be opened any closed lot,
premises, or building for the purpose of allowing a dog to
run at large.
Sec. 17. Kennel Regulations.
No kennel operation or other dog -related business shall be
permitted or licensed within Beaver Creek Subdivision.
Sec. 18. Waste Removal.
18.1. No owner shall allow any dog to dig or evacuate on any
lawn, tree, shrub, plant, building or other property not
owned by the animal's owner.
18.2 Notwithstanding paragraph 18.1, it shall be the
responsibility of dog owners to remove any waste materials
deposited by their dog in public or common areas.
Sec. 19. Penalties.
19.1 Any violation of any provisions of this Resolution which
does not result in bodily injury to any person or game
Dogs - 7
animal shall be punished for such offense by a fine of not
more than three hundred dollars ($300.00), plus the
customary court costs as applicable and possible exclusion
of dog from Beaver Creek. The following minimum fines shall
apply to any such violation:
First Offense: $75.00
Second Offense: $150.00
Third Offense: $300.00
Fourth Offense: Restrict dog from
Beaver Creek Subdivision
19.2 Any violation of any provisions of this Resolution which
results in bodily injury to any person or game animal caused
by a dog shall be punished for such offense by a fine of two
hundred fifty dollars ($250.00) to one thousand dollars
($1,000.00) and possible exclusion of said dog from Beaver
Creek.
19.3 Nothing herein shall be construed to prevent impoundment of
any dog under Section 9.
19.4 Any violation of any provisions of this Resolution shall
remain on an animal's record for two years.
Sec. 20. Enforcement. The provisions of this Regulation shall be enforced
by the Resort Company or its designated agent, including but not
limited to Vail
Associates, Inc., or any employee or officer of Eagle County.
Sec. 21. Captions. The captions and paragraph headings used throughout
this Regulation are for the convenience of reference only, and
the words contained therein shall in no way be held or deemed to
define, limit, describe, explain, modify, amplify, or add to the
interpretation, construction or meaning of any provision to or
the scope or intent of this Regulation.
Sec. 22. Severability. If any provisions of this Regulation or the
application thereof to any party or circumstance shall to any
extent be invalid or unenforceable, the remainder of the
Regulation, or the application of such provision to parties or
circumstances other than those to which it is invalid or
unenforceable, shall not be affected thereby, and each provision
Dogs - 8
a '(
of this Regulation shall be valid and be enforced to the fullest
extent permitted by law.
Sec. 23. Repeal of Prior Regulation. Upon the effective date of this
Regulation, the Regulation adopted on June 8, 1982, is hereby
repealed.
Dogs - 9
EXHIOIT D
BEAVER C12I,,wiC SUBDIVISION AGREEMENTS
Vail Associates, Inc.
September 4, 1979
Mr. Tom Boni
Eagle County Planning and
Development Department
P.O. Box 179 '
Eagle, Colorado 81631
RE: Accounting for Dwelling Units Within the Beaver Creek PUD
Dear Tom:
As a follow-up to our recent telephone conversation, I suggest the following
approach for managing the distribution of dwelling units in Beaver Creek.
The approximate distribution of dwelling units permitted within the
Beaver Creek Development is established by the provisions of the Beaver
Creek PUD. Flexibility is provided through a mechanism of dwelling unit
transfer from one tract to another providing that maximum zoning densities
established for the tract (by the Beaver Creek master plan) are not exceeded.
Further, dwelling unit assignments are made to individual lotss through deed
restrictions, as the developer, Vail Associates, sells such lots.. Obviously,
there is a need for a management plan to assure Eagle County that the
maximum authorized number of dwelling units (3223) is not exceeded and that
an up-to-date accounting is maintained. The following paragraphs describe
our suggested approach.
RLD Zones:
A maximum of 2 units per lot will be established by anote on plats in the
form illustrated in Exhibit A. The note will allow us to assign a lower number
of dwelling units to any RLD lot by deed restriction, and the lower limitation
will become effective upon recording the deed. In order to assist the County
in keeping its records straight, we plan to send you a copy of all deeds
from hail Associates to purchasers at Beaver Creek. All deeds will specify
the maximum density dwelling units. By dealing with the RLD zone in this
fashion, the principal areas of concern should be avoided as it is the
unsophisticated RLD-type purchaser who is most likely to misunderstand the
dwelling unit limitation.
Q-v 7 %/,.:1 Q1CC7 0)M/A7r,_rrni
• Mr. Boni
• r
Page Two
September 4, 1979
RMD, RND, & RC Zones:
In all other zones (RMD, RHD and RD) we plan to impose density limitations
solely by deed restrictions. As noted above, we will send you copies.of all
of these deeds. so that you keep your records straight.
As a further step to avoid confusion, we plan to report to you quarterly
with respect to the dwelling units assigned per tract, block and lot.
Such report will cover all portions of the Beaver Creek Subdivision which
have been platted at the time of the report. In this manner, we will all
focus regularly on the assigned densities. Exhibit B is a suggested reporting
form.
As a practical matter, the County may wish to establish a procedure by which
each person requesting a building permit in the Beaver Creek Subdivision, if
required to, include with his or her application for a building permit, a
copy of the original deed from Vail Associates with respect to his or her lot.
Such deed will always specify the maximum number of dwelling units permitted
on the applicant's site and will be conclusive evidence regarding this matter.
The approach outlined above would provide us the flexibility needed to
implement the intent of the Beaver Creek PUD, and also provide the County
with the management tool to account for allowable dwelling unit distributions
through both plat and deed restrictions. In this manner, the County can be
sure that the allowable dwelling units in each portion of the Beaver Creek
PUD do not exceed that allowed*by County regulations, and the total number
of dwelling units in the Beaver Creek PUD will not exceed the 3,223 units
authorized in the Master Plan.
Very truly.yours,
VAILSSOCIATES, INC.
David E. Mott
Project Engineer
Beaver Creek
DEM/mad*
Attachments
cc: Harry W. Bass, Jr.
Kevin Conwick
Don Leibengood
Jack Marshall
Phil Ordway
Arlene Pluth
EXHIBIT A
The number of dwelling units which may be constructed on each lot
in Tracts F, L and J (Block 1) described in this Subdivision Plat for
Beaver -Creek Subdivision, Second Filing, shall be restricted as follows:
A maximum of two dwelling units shall be permitted on any lot
except:
a) as otherwise permitted by the Board of County
Commissioners of Eagle County, Colorado;
b) lot designated as open space or roadway shall not be
used for any dwelling units;
c) Vail Associates, Inc. may execute and record in the
real property records of Eagle County, Colorado a
deed conveying any lot described in this Subdivision
Plat which specifies that only one dwelling unit is
permitted on such lot.
S A M P L E
EXHIBIT B
Beaver Creek PUD Dwelling Unit
Assignment.Summary
Dated:
'
Tract F
Maximum Dwelling Units Allowed:
Original Assigned per Beaver
Creek PUD
38
Plus or (minus) Dwelling Unit Transfer
to or from Tract
Date:
•
Current Allocation
34
Available for Transfer
(4)
Maximum Dwelling Units Per Lot:
Lot
Number Maximum
Comments
1 2 Per
Plat
2 1 Per
Deed
Book ,
Page
, Date
3 2 Per
Plat
4 - 2 Per
Plat
5 1 Per
Deed
Book ,
Page
,. Date
6 1 Per
Deed
Book ,
Page
, Date
7 2 Per
Plat
8 2 Per
Plat
9 2 Per
Plat
,
10 2 Per
Plat
11 1 Per
Deed
Book ,
Page
, Date
12 1 Per
Deed
Book ,
Page
, Date
13 1 Per
Deed
Book ,
Page
_, Date
14 2 Per
Plat
15 2 Per
Plat
16 2 Per
Plat
17 2 Per
Plat
• 18 2 Per
Plat
19 2 Per
Plat
20 2 Per
Plat
34• Current Allocation
\400/
EXHIBIT - E
BEAVER CREEK SUBDIVISION.AGREEMENTS
' AHEria'tErsT
(Amends that certain Agreement dated April 11, 1975, by and between Vail
Assocaates, Inc., Benchmark at Beaver Creek and the Board of County Commis-
sioners of Eagle County,Colorado).
i
THIS AMENDMENT entered into this I � day of 1979,
by and between Benchmark at Beaver Creek, a limited partnership, hereinafter
referred to as "Benchmark", Vail Associates, Inc., a Colorado corporation,
hereinafter referred to as "V.A." and the Board of County Commissioners of
the County of Eagle, State of Colorado, hereinafter referred to as "Board".
WHEREAS, Benchmark, Y.A. and the Board entered into an Agreement
dated April 11, 1975. a copy of which is attached hereto as Exhibit "A"
and hereinafter referred to as the "Agreement"; and
WHEREAS, certain agreements were entered into by and between V.A.,
t Benchmark and the Town of Avon, Colorado, subsequent to the execution of the
original Agreement which relates to matters contained in said original
Agreement; and
WHEREAS, the parties hereto are now desirous of modifying the terms
and conditions of the Agreement; and
WHEREAS, the Board desires to modify only those provisions of the
Agreement which directly affect the Board;
NOW TIIEREFORE in consideration of the mutual covenants, conditions and
promises contained herein. the parties -hereto agree hereby as follows:
1. Benchmark and V.A. have agreed upon a development plan and develop-
ment budget for the completion of recreational facilities to be installed
and constructed upon Tract G, Benchmark at Beaver Creek Subdivision, as per
the recorded plat thereof, County of Eagle, State of Colorado, hereinafter
referred to as "Tract G". The cost of preparation -of said plan and budget
shall be paid by Benchmark and V.A., in accordance with agreements between
said parties. The plan and budget developed pursuant to this paragraph are
hereinafter referred to as the "Development Plan" and "Development Budget",
respectively, and attached hereto as Exhibits "B" and "C", respectively,
and incorporated herein by this reference.
2. All parties hereto agree to the following amendments to the
Agreement:
a. Benchmark shall have the right to sell, lease or otherwise
transfer Tract G to any municipal corporation, quasi -municipal
corporation, governmental entity, or non-profit corporation
provided:
(i) Any such conveyance shall limit the use of said land
to park and recreational facilities and/or municipal/public
buildings or purposes (including but not limited to fire house,
water treatment plant, water storage, public parking, govern-
mental offices, community recreational center, swimming poel
and non -denominational house of worship) in accordance with
the Development Plan;
(ii) Any such conveyance shall bind the grantee to the
tens and conditions of the Development Plan and Development
Budget subject to the exceptions provided for in Paragraph 2b
below:
(iii) Any such conveyance shall be conditioned upon the
grantee's agreement to create and maintain a separate fund for•
purposes of receiving and disbursing funds, relative to Tract G.
contributed by V.A. and Benchmark pursuant to the provisions of
an agreement between said parties. Such conveyance shall further
require the grantee to have said fund audited annually by a
professional accounting firm and the results of the audit made
available promptly to all parties hereto;
(iv) Any such conveyance shall be conditioned upon the grantee's
agreement to comply with the provisions of Paragraph 2d hereinbelow
relative to the completion of improvements and the expenditure of
funds contributed by Y.A. and Benchmark in accordance with
the Development Plan and Development Budget referred to herein.
b. Subsequent to the initial approval and acceptance of the
Development Plan and Development Budget by all parties to this
Amendment, any substantial change to the Developrent Plan or Develop-
ment Budget must be approved by all parties to this Amendment.
c. The legal description of Tract G shall be amended to conform
to the actual physical boundaries of Tract G as they exist on the date
of the execution of this Amendment. Said legal description shall be
and is as per the Final Subdivision Plat - Amendment No. 4, Benchmark
at Beaver Creek Subdivision, recorded in Book 274 at Page 701, County
of Eagle. State of Colorado.
d. Benchmark and any subsequent grantee shall use its best efforts
each construction year to expend those funds contributed by Y.A. and
Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado,
in accordance with the Development Plan and Development Budget referred
to herein; and shall complete said improvements in accordance with said
Development Plan and Development Budget on or before October 31, 1983,
unless otherwise agreed to in'writing by all parties to this Agreement.
3. The Board acknowledges and reaffirms that Benchmark and V.A. by
their prior performance pursuant to the prior Agreement referenced herein -
above and their continued performance pursuant to the amendments contained
herein to said Agreement have and shall fully satisfy any right or obliga-
tion the County or other governmental agencies may have pursuant to any
statute or ordinance to require Benchmark and/or V.A. in connection with
the original approvals of the Benchmark at Beaver Creek and Beaver Creek
Subdivisions, respectively, to reserve or dedicate land to or for the use
of the County of Eagle, State of Colorado, for parks, or to provide funds
in lieu thereof or in addition to any such reservation or dedication.
4. In no event shall either V.A. or Benchmark, respectively, be
required to expend or contribute in excess of $300.000 each, in the
aggregate. for all construction, installation or improvements to Tract G.
-2-
5. This Amendment shall be constured with and in relation to the
tennis of the original Agreement, referred to hereinabove, provided, however,
that in the event of any conflict between said Agreement and this Amendment,
the terms and conditions of this Amendment shall control. V.A., Benchmark,
and the Town of Avon have entered into certain agreements dated June 27,
1979, which in part relate to and affect Tract G. This kw ndment is not
intended to and shall not affect said agreements between Benchmark. V.A. and
the Town of Avon relating to Tract G and said other agreements are incor-
porated herein by this reference, provided, however, the Board shall not be
affected by said other agreements.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the day and year first above written.
ATTEST:
Secr tary
ATTEST:
By �1G
BENCHMARK AT BEAVER CREEK, a limited
partnership, by BENCH14ARK-AVON PROPER-
TIES, a partnership and general partner
1By: .► _
r e s, Managing Partner
VAIL ASSOCIATES, INC., a Colorado
Corporation
By:
re ident
"&
BOAPTD COUNTY COtM1I$ IONERS OF THE
COUNTY O EAGLE, STATE OF COLORADO
By:
k), L
Dan Ni liams, Enairman
-3-
I
The foregoing instrument was acknowledged before me this / D� day
of �,afow" 0�{rJ , 1979, by A.J. Wells as Managing Partner of
Benchmark -Avon Properties, a partnership and general partner of Benchmark
at Deaver Creek, a limited partnership.
Witness try hand and official seal. Ap
My commission expires: 1JOW. Y oA- � N�q ary ub
The, foregoin instrument was acknor'led d before*,,s /D -day
of 1979,by s President
and as Secreta respectivelyil Associates,
Inc., Colorado cor ration.
Witness my hand and official seal.
My commission expires: 0
Not r ublic
The foregoing instrument was acknowledged before me this day
of 1979, by Dan Williams, as Chairmiin of the
Board of County Commissioners, County of Eagle,*State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
-4-
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• r
T..
t
* 4
*W.
e4*\
.,�A.,
- AovoloreQ be not asi,le for a ►school sito and none of the land
lie set ankle for a LarlG alto containing recreational amenities.
fieneltmark ie willinq to permit the real rrol•crty described on
Exhibit B attached hereto to too used for a school site and to
perteit thu real property described on rxhihit C attached hereto
;
to be u.co : a.: a r.nrk rite with recreAtioual arenitioj• Vail is
willino to pay A I•ortion of the costn ce crPon tructin•, tha
recreational amenitic.. on the hark site. :':Ic Board is a tarty
to this ar;ropment in order to indicate its apnroval of this
Ar. .At11'f0cti,+n Of any o!rlirtnticns Honcanark and Vail
:f
ray nave to nrnvic:a law: arti fa:ilitien for nchoola, recreational
arcnition, nr any ct:^_r nuhlic rur.nose or to provide funds in
lieu thereof or Sn addition thereto in connnction with the
anrrnval of the l:enchnar!: at Deaver Creel: and neaver Crnek ituh-
i..
f1vi:,10111t, +:xcc^t as othortrine Provided sitrroin.
;
Irt costaid.ration of tste rremines and the performance of
the: iutuul hrorinen hereinafter act forth, the nArtien hereto
I:Rr•::..r n•'rc:t•, •t:r tal lot.•:+ 1
l• "r.•'Pnl ito. (a) :.ancar..ark ha-t I,r•aho ed the r•:.,l
• .'
rtr,�;•�rt;• t:.•:crS::.+•3 c�:l !:x!ti!�it F, n�, a r.cltn�l �itr•. ?•tic T,oarcl
.
acce:tt• -sic*, oral prr•;•nrt, on ts,.e torn: %n•l conclitinn: Act fort`,
::,..
Sr. thin, r•:Ir,•r:rrnl:.
(1•). Benchmark shall convey foot asr•ple title to the
.•
rnal property described on l:xhilrit 8 by a general warranty deed
�:•; ;a `.`:
''ram
.. .. ..
to the :loam: or the nc%arJ*r de -of -net• fren And c2ertr of all lions
<'r - 7.'':•..
?• -
anti or,c,lat:,rlt•ce . u;-on written rec 13413t of tho liciasd, nnh ject t0
r'- • �',
tlttr fol lo•..in•; c
(i) real prolinrty taxes for the year of convoy-
aneo c.a 14"l a th,l 4ou:.::equr:nt yuarl
(13} canernnt. and ritrhtx of ,ray for utilitien
or for acrt:::a of retort] or in exintcneel
I-
(111) inclusion in any special ir-provernnt dintrictl
(iv) the- reservations and ronditionn hereinafter
..rtuciItool$
. '
t r5
.jar ..
(v) anv tatter not forth herein.
(c) In addition to any restrictions on the usa of the
real property rrovided herein, such real property shall not he used
• ,• ... .. . Via..
for any of the followings'
•
(i) parking or vehicle atorage, except in con- t
noction with a permitted uses
(!1} atorajo of any items either in a worehoune
or other similar building or on the ground, except in connection
with a permitted uvcj
."
(III) vehicle maintenance or repair, manufacturing
or industrial aurposeal or-
(iv) any purpose similar to those described in
subsections 1(e) (1) through• (iii) above. Tito above use reutrictions'• :• `'•,
:ball .oe covenants runninq with the land so as to burden the land
•
described not '&:x1%ibit D and to benefit the ros,ainder of the i�nnCl:-
eaark nt tfcavor Crack oubdiviaion. The Bond to be delivorad pursuant
to suLnection 1(b) shall contain these restrictions. t •"
(d) Tito doed of the real prororty de.dfcribed an Exhibit R
to L.) delivera•l pursuant to nubnection l (h) shall contain a pro-
viosion that the 5rantnr, hnncht.•arl:, nhall ratain the right to use
.
Auch f•raparty as n park nits with recreational ar.rniticn in con-
•
section with thn real property described in Exhibit C or for other '.
eon,pati.hlo uses axprdasly excluding Any Imirovnmonto of a long-term
permanent nature, until ouch time as the Board or its designee shall
roquiro the said real property described on exhibit D for a school :f
alto-. 7t i . exprevaly A read by the g parties hereto that the real •••j;,'•
onrono:rty .lenerihod on Exhibit it shall he us@-d for a school mite '
sul,joct to thn rostrictiona contained in this Agreement or an a
park Alto that may contain recreational amcnitlso. T:�e.County and i
tenc::rark ngrue to execute whatever tnntrunpnts nay be neceanary to
effect thl s lurpoue.
in the event that the Heard or itn deninncn ahAll use the
'real property doacrilond on Cxhibit is' for env purposan other than
provi.l.d for in thin. t+rovi-nion, then title to naoh real property ;
•v^bbra,
`•:!•� :r ...
,
• 'Sti ♦ �,•. f
• .J,
' •''' 7.�, j 1. '' J '
••
shall revert to lldnCh"ark or its succasaorm and asoigns. Thin '
1+roviaivn shall constitute ♦ right of reentry for • condition
broken. in the event title to such coal property reverts to Dosch-
cars:, Aenc`ir-arl: shall use such real property solely for public
puraoaen.
eee+l of the real prorerty doseribed on Exhibit D
to be delivered pursuant to subaection 1(b) nhall contain a racer- ;.`; •' :.:.
'
vatinn by Benchmark of the right to btilizo a Portion of Hoch real a'
'•
propart; for the installation of vator, "over, qan, electricity, '
telenhonu anJ other utility oorvico facilities -jervinq tllo Aenchlcnrk
at neavor Crock au+jdivisionj provided that All such facilities are
located underground ani that such facilities do not unreasonably ;
Interfere wits the present or intended use of Ruch real property
'•k. '.
by t'.+r, t%en owner thereof. Thu inrtrllation of such facilities 1
ai+all c nolely At ilenchmarl:'s ox;+onse. Thu Hoard, its doninnco,
or the :+cirm, rorvonal rerroaontativoo, nuccenaers and assigns of
4`
the ileard or the Hoard's dosirnee ob311 ul•on request grant ea9emants
>'
.l, w llonchnarl: to evidence thin renervation. ,
Lt• ;ir.nc:,l•,;jr , itSr•ut cent tc , 4 r
2 ce.w.truction of P•ecreation•11 hnenitioa. Denchnark
shall cosi.,;.ruct or caune to be constructed on the real property
dencril++`li on Exhibit C. certain racrcational anunition when and
• or requiroA by the Board and thu Planning Commission
a:: ier:uontu+l
of rA•?le County, Colorado. Any and all of such rocroational
amenities shall be horeinntter sotesred to an the Recrefaional'
•
>tr..�nitio-l. :he type, deai�ln And extent of the Recreational ;: ;. •: `'• ;:
'
:.runitio:+ a±1A11 !,e an determined l+y Denc,►nark.
a• 1• fA
f natruction r.X�70ne0a. Prior to the ;' .
9. �•tiMa u O Co
construction of Any portion of the Peerowtional 1►s+onitiee,
f+anchmark :+:+all tlubsit to vwtl a nrelininary budgat matting fortis
eatirnted costa c! construction of that rnrtion of t%A 1,%crn-
atl onal uenc%nark winhen to con•+truet (tile
',±�c :cud.:•at is zuL•ject to �•ail's wm+l+roval, w�ic±+ approval sllal]
net be unreasonably +rithheld. rf Vail doer not dinarprovr, of
-4-
- . • 5
': ..
the iludgat in writing within 30 flays after its receipt of the
,
Dudget, Vail shall be conc)uaivoly deemed to have approved the
'
bu.:get. If Vail dir.arrrovos of the Dudget, Vail's disapproval
-
shall ke in writinn and shall specify Vail's reasonable estimate
of a bueevet for the c .tis:•atod costs of construction of the
r
Rocrentla•iel ':r.anitler: lienchrart wishon to construct. If tail
disAprrave . the fiutlgr.t, Hunchmark any nit'ior (a) rovisc the
Audret and resubmit it to Vail for approval or (b) rroeeod with
s
'
. -
the construction of the Recreational Amenities which were out-
11nee in the iudgat r,uhnittod. Ptiv ranuhmittal of the tiuAget
• shall be novarnrd by the procedures mot forth abova for the
oric)inal submittal of the Dudrlct. After the Midget has been
;
'
approved by Vail after the original submittal or -any rasubinittal,.
: r
llencbrar): shall proceed with the construction of the Rocrentional
;►ncnitis•i chic:i scrc outlined in tho budget.
4. rr.vront of ConAtruction rxslanses. (a) Benchmark:
vi]1 be as di-iburginq agent for the pavinent of all expenses of
plannin•I and construction of the Recreational Amenities (the
'R.±creatln:ial A:nitics ):rnpnnes') ineludin•i but not limited to
architect-.' '3e,:, construction costs, bondinn costa, the cont�
of all naiir(al urc.,1 in the cenr.truction of the Reeroatlonal
:trnJtieu, t'se costs cf constructing all nacesnary roadn and
uti2it1*-- aa•i uLillty tap in fees, but excludinq snocificall;,
the followinq indirect expennese land ac,iuisition coats, loyal
foes and the costs of the financing of either the land acqui- 4
.F
"y
sitien or the construction o: tha Recreational Amenities, which
-•'S; 'fit. '
tirtanein, cones include but are not M ritod to loan commitment
foes, interact and ,enaltioo. Vail -shall pay one-half of the
•%~
Recreational Amenities Cxpensws or.•j400,000.00, whichever is
�• '••:r•
=
lessor, and benchmark shall pay tile) remainder of the Recroational
:.r.•s•nitiez vx;p•inses.
' ••
(:) Vail alhall )+aq itsi portion o: the Recreational
r
AmanI u .:.r!vonnen (as detornined rurcuant to subsection 4(a)
above) on the following terms and conditions
(i) :':ic dotcrraination of ono -half of the RQCrA-
';
ationaI ,:ri•niti�s )'x)„•nnes alinll be made by takin;i one-half of
•
.. : .A..'�•
� •1-•. •!
fir•. '
.. �i.,.
4.
t -
'•
the num of the followinq amosintna (A) the Mudgot or Busignts
;
<.>
•repreacntinq an estimate of the expenses of constructina the
.'
Recreational Auenitios as approved by Vail pursuitnt to section 3
!•
above or, if Vail has disapproved of one or more Budgets in the
:�: �•� ��'''•;:
�.
net forth in�ncctton 3 abova Alld nnnehaark ham proccaded
Witt, tl.c construction of the vncreational t.aonitlan outlined in
N.
the l:u{:qr.t, the eeterninaticss of onn-half of the recreational
hceniticn I:x; cnaAs shall !gin Bads !sv taking one-half of the
amount of the I-tidget sul.ritto.l by Vail in t):n nAnncr act ford:
;
.•
in ar•ctirr. 3 .ei,rve .7rtar its eir•auproval, sQuss (5) the, +in.nunt of
all ccist c-vrr:-unn actually ineurre.: in t:,u eongtructinn of ttsz
Pecrentional 4unuiti-cr.., but only to the uxtcnt that huch over-
runs Ara oqual to or Innis than lot of the Uudgat for the portion
{+f this ^^crestional hre;litie:. in which tur.:: cost overruns wnra
Incurred
.
a•: !.SMr••}"r`'7r
(ii) t:nti.l Vail haz ;+aid its: Portion of ti.n
11.ccreational A:+onitioa ltxpannes, Danchmark alsAll aulivit to Vail
all statements pertaining to the Recreational Amanitien lxrenaes
. .. '.L
aa.: V�11 shall, :+itain 37 days after rrccivinq each such state-
•
'.
•...
r,4nt, C:t:{ar deliver to .scnclrarl: a c:.sck for ants -half of
the .2-aunt of -juc1-t.atofic:nt or (t:) zn!u�.e , a��c-cnt on the grounds
thnt J.n Vailre.--%ahIa judrnont the ttatoran t is: I. rnpor
'--Ieauss the nervicev, matnriala or supl:lion covered i:v it havo
not hea—t rendered in accordance wit. the f:udgot for the Re err-
.• :,
atinasal - :r•enitics :going constructed as approves! by Vail as act
forth in nectton 3 sl.nvc, or, if Vai 1 has dis:rpprovad of the .r.udget,
has not !.•:an rendtirne in accordance Keith Cat, hadnat nuhr•ittoe.
1'r Vail in tho nannar not forth in section 3 ahova after Its
diaApo roval. If Vail rafuaen to PAY one-half of the amount of
".
nny stat#?n^nt Bur-s:sent to nu:ynectfon 40,) (ii) (B) ntsove, Ilcnc`s-
rare r;iill l rr-- •:•scl: Itatsrs-•tnt And either a•imtt that no rnrtinn
ce -ue'1 •'t%t•tr..nt is naval -.le Val) or ror..erve judo-e•:nt on Of.,
esuer.tt{•a of 4'i±tier one-half of th4 n:anunt of such stotencnt
is pavA1+1^ l.y Vail. ►fter crrplotion of tilt: construction'of the
{'
l:.scranc+rs,al A:-v:nitlei. r.isic'.:.nr1: an{: Vr,il -:hall review all
-6-
j
• •
- �,- 1. • - •
!
.rr•7r�1 r•rwr•'.w•r. ,�r�•r�...w - .r. 1•�rr-.mow . • Y • r•. • .•.. •••..r�� •.�
•
� •
• contested ntataesente not 1oreviour•ly renolvae and attenpt to teach
an agreement with rea:)ectr thereto. if Benchmark and Vail cannot s•
either Benchmark or Vail riny subnit the matter to orbitration
agree,
an not forth in section 7 belov.
(ili) Our•in.l the torn of this agroeront, Vail shall
ne rr,••uirnd to h%•P u, to or. ngeroeata rs.ount of $d00,On0 of the
Rs creati crams• J,aseni Lion rxuenves. in anv one fiscal year of Vail
(which for the-purpoaos of this agreement chall mean the 12
is
t
month period onAinq April 30. whether or not Vail may change ito
fincnl yn.%r in tlln future), Vail shall not he required to i'ay
• gleam t:1�111 51�11,0p0 of its: ch%ro of Vie t:co-coAt4cnitien
1:xpenaoa. If Vail shall be liable for the payront of the F.ecro-
.`
ational Amenities txpdnsoo in excess of $100,000 in any fiscal..' .
year, Vail shall pau Oonchrtark up to $100,000 of such encoos
within 34 mays aftar the or.W of such fiscal waBr. The revainder
' o* suca grcono 1111A21 be paid to Banc% nr}, is one or roro of tile
next fiscal yearn, subject to t!to limitation that .Vail shall ,not
he raeutred to pay gore than 5100,000 at itn share of Recreational
:%rit-ni tiew %x!)enn•Qy in any one ri.ccal year.
(tv) untt+ithstandinn any other provinion of thi!%
itd2rcencsit to the contrary, until Fail has received a;rproval from
t
the unitod 1:ates 1•ornar• Service for a conditional nreci111 ule
scrnit :or !skiing on lani adjaennt to the hanver Crtek aubdivi:sion, s,
".
during the torn of this ayreerent Vail ahal2 be required to isey
•.
IL1a amount rat ' Z00 000 of the"Recreational }` �` •fir ` L
only up to an argrogatn • o i , '•,.,! .` L
'��' ' -
RrCni tion !'x +en :ns and :•a1 1 shall not he rc•wirod to pay ror.s �',•:Y; t
t
than $50,001 of its nhare of the recroationAl Amenitics .:x1:e1140S .:� �' !tt.';•
!
in any ono liscal year of Vail. In the fiscal •janr of %,ail in
which Vail recoivos approval of such conditional.•special uao 5•>'.`
norr+it, '!.1l1 3;1411 not 1`•1 ror.air001 tn i,n•# rare than �310,000 of •.
.:
..
its 1!1a!O OI ^-2cxcatio:►.11 :,eranitir•a ,:xraaa.s as nrovid^1! in .
sus•tiecLintl 40) (111) %I:rve.
(v) .lnt:+ith•ltnndincv anv u_::er provin•ian of thi^.
egroAe�tnt• to the enntrar•!, Vail rhall not !!o obligate'l to r•.al:o
an;. pa,•rlent of the aecreational Anosiitle^. :::11•on•1na to nnncticark
% in •r11ich
it of Vail** firt !inc.11 ;•�%r
u1►til 3i •!a'ir1 !ter t's0 orfir-
-7-
' it roceiven $50,000 in groan revenues iron the sale or loaae of
land or buildingn or portions thereof located in the )leavor Creek
.
suLdI visicn, other than such gross revenues rasultinq Cron a sale
in bulk of all or substantially all of the land located litthe
lit -aver Creak ,cubdiviaion. Vail shall nay henchs.ark Vail'n Share
of t!se, perrcr,ticnal L•'xisenaoin accr+rod to the and of
Vail'u first fiscal year in whiel. ouch ettons revenues are
rnc;iivcd within 3n days after the and of such fiscal year, srubject
to tho liratation contained in suhsoetion 4(b)(iii) &)love.
S. Itacou�nc nt of T�:;�•:r.4cn. (n) benchmark nhall une
its bent otforta to recoup the pecrnatianal braunitics 1'xpon',on
through tilt :,ale or leaso of the hark site and the Pe:creational
As.cnition to any local governmental entity, non-profit corporation or.
any third party. ;innclnark •.hell seek to call or lease the park
'
«ite and tire! 7e:crowti.•na1 Amenities no that the net nreceods
L
frog t',.: :cal(s nr lcaaa in ooual to or grunter titan tree full
,•, j
aL+Ount of tren Re:crcational Amenities rx;:onseo. All other terms
.:7.•
•
and eonuitions of such nalo or lensing shall be as detarrrinoel
c
• is
tail s;,.•:11 cooperate with ::enchr"ark in
all rr.a; net:. rn►•arellnn tile, Sale: or laerin-ri of the: ;sar% sit•, and
t.-t '•:er.-ar.ir.:,al `r•2r,itiee, :+ut Vail s`,•ill not Ise re:eruire,d tet i,av
'
anv o: t!,a nxr•riaoten of ouch solo or lca:inr;. tine: -half of th.)
;•rr,ace•:: of any :nln or of the Nncroational Ame:nitten
"
shall he Paid to Vail as such hroceodsr are received in order to
y'
`
M
reiuburne Vail' for the portion of the Aoereational Amenities
::r.penser, ,:.zi.l Ls it until nuch tiao so vnil nhnll La repaid in
full and the rerAinOer shall be h•ald to Dencliaark.
;• ''
(h) ltor,ehcark shall be entitled to cauno a quasi-
`
nuniciral recreation district or a non-profit corporation to be
forred for the r.ur; ntsn of ouninq or laa"inn and operatinn the
�; ••
:•creaatics�c.•l Ar nition or to cru:.e tin a iatinq rocroation district
to annex t:so reel pre;-erty .:eacribed on ;:Y-%i:.it C, the park 'lita.
o! any rec:roatir,cal district fora.cd or :*kic!-. annallou
f'
Cie par': tii z•! r.::all inelu.ler all or the real ; roparty •!nscri!,cd on
C, '.ut •sisal; not include. P„y cf t!:., ;,caver Crasl: nut.-
diyir,ir.n. Vaal shall con-,urate t.ith :ce:nchu-irk in all runpact:r
' •
�•� 'fit: ..�..
..
t.r�.��•••r• • ••y ..• .�•..r� —.��r r.rr.r•r/•�r.r... rr .. w. � .. ... ..�..r r. r.r .. r...• � .w •�.. wr•
• ..
regardine. the formation of a district or non-profit corporation
or in connection vith'auch annexation but Vail shall not be
required to pay for or assume any liability for any of the
expenses of ouch formation or such 'annexation.
:; r'`.
(c) It ns�nchnarh dons not sell or lease the tsar): alto
`s
ane! Rocresntional Annnitio n to 1 recroational dir.trict, non-
'<.
lsrnrit corporation or a tlairO party, I;cnc!tttiorl; shall *nerate the
part: site nr.creational Amenition at its nole coat and oxpanne.
Vail shall )su It -aid ono -half of anv not revnnuon ariainct Ity virtue
;
-
of Denchrark'n ovnnr:hIn and operation or the , arl. ni to and
t.ecroational :--tenitLcs as ouc% revenuns are: roecivee in order
to roinburse tail for thu portion of the Zoeroational :sanitiez
paid by it until such tine as Vail shall bo repaid in full, and
.the rt�nainslar shall ho paid to Qenchrsar):.
(
S. C'tarnes for pso of Recreational Amonitinr.. Ucnch-
:.cr). r•'a; charq5e such rates, foes or other char on for the u:.a of
ttto park nito and Recreational Amenities an is deemed appropriate
.'• :.•: ..
by flanchrnrkl provtdod, however, that the cltnrgea sfor realdanta
S.
and nnrt:r•!t of the renchnaark at 1envar Crook nuvdivinion nhall
lin the -it1:4.) :.a the c':arges for remidents and Ruestq. of t!tc isaever
Creel: t:ut•Gtvinion.
'
7. 1.rbItrat1nn. tail anO rsenc'tr.ork herni%y submit all
controv. rnion, clairss and ratLern of difference to !tr:.itratioa
In Vail. Colorado, accordinq to the ruler and rracticen of The
v:tiJ•
lttrarican Arbitration Annociation frog tire to tine in force.
'_' •`� �`
Thin .ubriesnion and a:.reorent to art-ftratc shall he creciri.enlly
..lam ✓„ .JA :
onrvrccal?lt. Nit):aut lirtitinQ the nrncrality of the forenoinc:.
'3:.: '•:' '' '
the folloulno shall be considered controverries for this rurposet
•
(a) all nuaations relating to the breach of any ohligation,
�`• t •' J
jarranty or conettion isercunder, (b) all nuantions rclntinn to
rc;+i-retttatio'tp, n.:•trttaticnr. an%: other !,roccee!lnno lcnt!ing to
the ax.catir•u horror, (c) failure of oith^r ,•arty to Can•# or
raiect n cla:»* or d•sr•and or the other party, and (d) rll .;uantinnn
as to whttth r the rin'.tt to arbitrate anv quaation erlats.
X.
• Arbitration may proceed in the absence of either tarty if notice
• of the proceedings has bean given to such party. Coate of arbitra-
'
tion ehall be borne equally by the parties. The parties agree to
abide by all awarda rendered in such -proceedings. Such awards
t
ohall be final and hindinn on all parties to the extent and in
the earner provided !;v applicable rulo , and stntuton. Awarde
• } +;'
may include but are not lirited to awarda of noney jude;crents and
•'
awards decreeing ruaeissiona of contract*. All swards may be
filed with one or more courts, stato or foderal, havinn jurigdic-
+
lion over the pairty aga<_nnt whoa such a►:•ardn ern ren•!cresd or !:is
%!�rorsrty.-
Isn ;,arty thall he considcrd:d in default `scressuder
during the pendency of arbitration procectiines relatintl to 3uch
C!efault.
i1.-ntisfnctiol o: chliration.. he nnare, by itn execution
of this arreuc.Ic:nt, heraby acknowlodgier, that the porforrielica of the.
X.
tarn♦::. and conditions of thin onrear.ont by Vail and ]ienchr►ari, r.hall
full/ natinfy any right or obligation the 3oard or other governmental,
ti
`
agoncieo ray have under any etatuto or ordinance to renuire Vail or
::ench^..ari:, in connection with the anrroval of the Benchmark at Deaver
Crock and beavcr Creak Suhdlvininna, to rceerve or dedicate land to or
fcr the u.e of Eagle County, Colorado, for parks or ischool-i or to
j=rovida fut%43 in lieu r„ or in addition to such reservation or dedi-
cation. '.n long as the torma and conditions of tlsi* anrea-ant are
being psorfor-od or have been parforned by Vail and Benchmark, the
hoard chill not require any roservationo or dedications of land* in,.'-'
adaiticn to thone nrovi•]od for harein or any payment-i in lieu of or in _; t: +•'s',
addition to .any nuch rucorvationz or dedicationn in connection with :•`, '% '
the a!tpreval of the nenchmark at Deaver Creel: and Geavor Creek
:ubdiv! .ioni. Cxcent :or devolopinnntn whic!s,wore not shown on the `• +
• ••
.''� e:•.'..
a ravrC .•reiir�inasy -slams. ..
•). :10%1!c^a'. *ll notieex renuirr•l under thin acreareent
n,1311 !r^• ;Lvoti Ss:• %nnoi Jelivary or by rRgiatured or certifia4 _
nail, :-out ats ;•r•=;•ai.=, .]eliv•:rr•.l an folln!+ss
•C
- -
v 1 .ti. •fit
1 - S
' 16 •
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••.
•
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hiit•.Yr {.: y? t rttt- {•
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• . . • • • • •6ww •, t , .-•••
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. if intended for Benchmark tot 9ENCttNARY. AT IIEAYL'R CREEK
P. 0. Box S
v
Avon, Colorado OIG20
`
• Attt A. J. t+ells
'
It intended to Vail tot VAIL ASSOCIATES, I11C. '
t. O. box 7
`
Yail, Colorado 81657 ''''•
f
Attr Frodorick S. Otto, Esq.
.
:•ti th a cnC; to: HOLMS ROURTS C 0'1E:1
177n liraadwa-
�utta 11)1-
Ncnver, Colersdo 81202
Attt Mark. C. Colch, Eaq.
'
If intended for the Hoard tot Board of County Cnmmisnioners,•
of ..iglu County, Colorado
Colorado 01631
:it1l a rn-v tot S.cgh ti?areer
P.O. anx
U.kgle, Colorado GlG31
All notices shall be considered oftoetive only when actually rocoivad.
ti '
:lny dart.•, '•~ netico so givntt, nA�r change the adAranrr to ++hiclti future
noticon S.1a11 be wont.
-ine"11aneous. Henci+nark may not an.Iti•;n its rights
no reunder without the prior written consent of tail, which consent sha11
not hu nnreagonahl•, withhald.
;
(T.) i:Kcm!,t an rroviJed heroin, this agrenment shall be
,
in,t j,ton. an.: .inure to ti+e +.10nefit oS thot +)nrtiaq hereto and their
rt•-; -ict.i— naccer•.cra And aasitlns.
(r.) .:+ia anrar•r..ont, ton�ther with anv ex�+ihit attachaJ
'
'wrnto, eautainn t!:o entJr•a 3e.rne•nent bet•rnen the rarticn and any not
1•n modified in Ar•v ranner except by art inatrunent in vritinq signed, +
� `•�;''"
by all partioa.
eoctian headinnt are inserted onl;• for convenient '�_
�: :•
reference :n•i de% not define., lint or prencrHm the score cf thir.
:
neirenrant or any cxhii.it attaehae. hereto.
00 ' `rathinn heroin contained shall ohligato the hoard to
a;•nrovn ar.: r.crvice Man or nruii ficAtion thereof the AnArd errraealy
rerervin" it:: rir•'+t And o42ination to s•#�vicw ouch rlann purnuant to
::cctien rt•+-3t:-1 et a+:•• 10f3 Cn*: es Annnc:c•.'..
(') :t.e v :lidit�• cnJ affect of this agrecnrnt shall lie
can Strur.+' u:+•!er ill reverned by Coloraee% lAw.
17V
dq :.d]t.ut�'L�n.tuJ Ad.I.t14J a!? tl'r•tt!tt ::!t...
,
3, v j O F 4 4112 P,43V 1.�L/.��� /
.•
3*92 uj AaU1012t i
3ov3 uT AOU2o77%1
ft2vU32ed TgJouoJ LL•
;•.t .; ;; , suanaz s
i•.,rra 2e!) rUCk! 'A r-uosla3.5
't"ATetto(I ,'UQy3ne:)oli —I pEu og v2. r.:
.' 3t: v.i �� •l; UV;• wlr�n„ 'i t :SJ:;
2vU32vd TVso:t'J1 �;
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OPUJOToJ a ':•: 'iSJ 3.;:.::a
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o{>r10103 r ' •�::[ �5+:i1.'lL>t:::::Y itYA
•uu33jJr� onor{v 3a2ii u�v{, utj3 ;o t:V ualnJ:iX3
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yc•��Vo�J1�r•-..1�
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..CREEK-- ___• 80ulEVA
. •• t.• t.• .6
;�,• sat E r ♦ ..• , i _ Puy lot
s.
'� i . �• / fail .� �+.� �+r; \ •h OiPath
:s i r,wy •'• ` /(� -1lSS. tie Srv'1e•�� ;p� x Krit T�oNs 1 r,•- r 3�w X
• '•.• Qom-_,, • t{♦{� —•1 �� �•r.� ��Y.�\ •.S
t rt" i :t-,y \\\vVVVV1111 /Iw1+W Pi•I
bl
To
09
lII s Nottingham Lake pfbk s+.11wsow Entry a1/ �..w..•'�111 ►�' �'.
Buck G..k •r
An
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b,h
ue�+ o
' ••.,�• Plenk t...�1i' 1 �� Y i •
OCC•I riNO
• •, �T V
�MuniCopal
.NOTTINGHA�`Z ' t• !l1 ~'+•
�^.1.� R t �I.:+.�+ 't,E3uilding � •� � w �'
II _
PARK scnor
alee:.1=h00, �aA • , . �� . Ocpartmeilt» :
�...
Avon ,Colorado Legend: ,
Tail.
Master Plan x P"icTable. PUeorp by. ;
Tract G Path eown"I Mike Blair
Benchmark at 11b. C.419.9.n Tw.• L^
O.dduwwTeo*% d�fipn Oyc the
Beaver Creek pC� n
46.88 acres land design
ponnerst
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EXHIBIT "C"
NOTTINGHAM PARK
BUDGET FOR FUNDS CONTRIBUTED
BY
BENCHMARK AND VAIL ASSOCIATES
Total
Estimated Costs Paid
Estimated
Estimated
Description Quantities Thru Oct 79
Future Costs.
Costs
Park planning S 1,513..51
S 3,486.49
S 5,000.00
Earthwork-escavation,
berms, drainane, etc. 30.049.55
7.450.45
37,500.00
Park grooming, grass,
fertilizer, etc. 36,297.58
3,202.42
39,500.00
Sprinkler systems and
78,743.35
1,256.65
80,000.00
pumps.
Park equipment -tractor,
mowers, etc. 11.745.04
2,254.96
14,000.00
Game courts and fields 6-9 1,780.12
10,219.88
12,000.00
Wooden bridges (10 ft.
wide) 2 6,61.7.83
382.17
7,000.00
Asphalt trails (8 ft.
wide) 5.000-7,000 -
80,000.00
80,000.00
feet
Tennis facilities 4-6 -
150,000.00
150,000.00,
Plants -trees, shrubs,
etc. 300 - 700 -
50,000.00
50,000.00
Sand play lot areas 1-2 -
30,000-00
30,000.00
Picnic shelters and
facilities 1-2 -
40,000.00
40,000.00
Asphalt parking lots 1-2 -
40,000.00
40,000.00
Fishing piers 1-2 -
7,500.00
7,500.00
Control devices - signs,
split rail fencing, etc. -
.7,500.00
7,500.00'
TOTALS $166_ 746.98
S 433,253.02
S 600,000.00
NOTE: Per agreement, the funds remainingto be
expended for the park improvements
set.forth above will be managed and controlled by the Town
of Avon. If the
budget for any of the above items is exceeded,
such excess
cost is to be
borne by the Town of Avon; however, after
each of'the above items has been
reasonably completed and there are unused
funds which -will
not be reasonably
needed to complete the item in question,
the unused funds
can be transferred
to any of the other above items, if needed,
as determined
by the Town of Avon.
r
4. AMENDMENTS TO P.U.D. GUIDE
4.1 Creation of "Resort Commercial I" Designation (p.8)
The creation of RCI is basically a holding zone, which will
allow for nearly every use provided for in the Beaver/Creek P.U.D.
There are too many combined uses many of which are non -compatible.
Uses by Right:
(RC)
a. Hotel and lodge rooms.
b. Apartment accommodations; condominiums; and single
family, priamary/secondary, duplex and townhouse structures.
C. Commercial Space. (See definition P.2-4 of Amended and
Restated Guide to The Beaver/Creek Planned Unit Development)
d. Timesharing
e. Recreations amenities and facilities consistent with the
needs of a year-round resort including, but not limited to alpine
and Nordic skiing, tennis, swwimming pools, sprots courts, picnic
and ice skatin.
f. Resort operations space and facilities necessary for the
sopport of the resort function including but not linited to,
convention space, meeting rooms, cultural facilities, receiving and
delivery space, and recreation administration.
(RS)
g. Resort operations space including, but not linited to,
parkink, vehicle maintenance, building and ground maintei)anctF,
offices, warehgousing, central kitchen facilities, guest reception
and reservations, residential units for caretaker or employee of
the facility, firehouse and security operations.
It would be more apporiate to have areas zoned with exisiting
P.U.D. Land Use Designations and Special Use for non -Use by Right
i1_ses requested in this amendment, i.e.:
TRACT M Lot 2: RMD/SU or RLD/SU, etc.
This will allow the County to review Special Use Permit
pursuant to 2.09.04 and 2,09.05 of the Eagle County Land Use
Regulations.
This apporoach will give additional assurances to the
residents of the Beaver Creek P.U.D. that there will compatible
uses within their neighborhoods.
1i
uses wi7cnsn tneir neagnDornoous.
MAXIMUM BUILDING HEIGHT: (p.9)
Maximum building height should reamin consistent with all
other zoning within P.U.D. @ 35' (note: RC has building height of
55')
PARKING REQUIREMENTS: (p.9)
Parking redquirements should be increased to represent real
need for parking for each of the categories. Particular attention
given to "Condominiums" these may need to reflect requirement in
L.U.R. 2.07.08 4).
4.2 Modification of Residential Low Density Land Use
Designation
Ski lifts should not be a Use by Right within each RLD this
should be allowed by Special Use or some other mechanism. (this
approval will allow for ski lifts in Tracts f,h,i,j,k and 1
Strawberry Park and Bachelor Gulch). Each lift needs to be review
on its merits and not because of a blanket approval.
THERE SHOULD BE AN ADDITIONAL LAND USE DESIGNATION INCLUDED
WITHIN THE CONFORMS TO OPEN SPACE AS DEFINED IN L.U.R 2.05.84.
OR
i men
113ta®j
it
lfi):
0f
1\
1
Strawberry Park and Bachelor Gulch). Each lift needs to be review
on its merits and riot because of a blanket aUornval
