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HomeMy WebLinkAboutVail Village Filing 5 Tract D Apollo Park Interval WTP Correspondence1^411\ WTP WEAR TRAVERS PERKINS LLC A T T 0 R N E V S A T L A W October 19, 2015 Town of Vail Attn: George Ruther 75 South Frontage Road West Vail, Colorado 81657 Dear George: This law firm represents Lunar Vail Land Investments, LLC and we have been asked to summarize the development rights held by Lunar Vail Land Investments as related to "Phase IP' of the property subject to the Ground Lease recorded September 5, 1978, in Book 274 at Page 693 (the "Ground Lease", and the property subject to such Ground Lease, the "Property"). All recording information in this letter refers to the Eagle County, Colorado real property records. Please note: 1. The right to develop Phase II of the Property was granted in Section 10.03 of the Ground Lease to Butterwick Enterprises, Ltd., a Colorado corporation ("Butterwick"), which includes the right to develop an additional residential building and an underground parking facility on the Property. 2. The covenants and provisions of the Ground Lease were incorporated into the terms of the Condominium Declaration for Apollo Park at Vail recorded September 5, 1978, in Book 274 at Page 696 pursuant to Section 13.10 of such Declaration, thereby subjecting the Apollo Park at Vail condominium regime to the terms of the Ground Lease and its development rights as related to Phase II. 3. Section 1 of Article XVII of the Bylaws for Apollo Park at Vail Association provides further notice and disclosure of the development rights of Butterwick and describes the effect of any such future development. 4. The rights and obligations of the "Lessee" under the Ground Lease were assigned by Butterwick to the Apollo Park at Vail Association by the Assignment of Ground Lease recorded in Book 278 at Page 682; provided, however, that in such Assignment Butterwick expressly reserved to itself the developments rights for Phase II, together with the right of access, planning and performing construction as related to Phase II and the right of the new improvements to share all areas of ingress and egress, walks and walkways, parking facilities and driveways. By its signature on the Assignment, Apollo Attomeys at Law Riverwalk -1 st & Main 197 Main Street E202 I Edwards, Colorado 81632 p970,476.7646 f970.476.7118 www.wtpvail.com Park at Vail Association consented to such improvements and to the sharing of parking and access facilities and agreed to cooperate in providing for the joint operation and maintenance of such facilities. 5. Pursuant to the instrument recorded at Reception No. 922102, BEL Financial Engineering, Inc. (formerly Butterwick Enterprises, Ltd.) released the Phase II development rights to the Lessor under the Ground Lease pursuant to the provisions of Section 10.04 of the Ground Lease. Section 10.04 provides that, in the event of any such release back to the Lessor, the Lessor shall have the right to develop Phase II in accordance with the reserved development rights. 6. The Lessor under the Ground Lease conveyed the underlying Property comprising the Ground Lease to Lunar Vail, LLC, a Colorado limited liability, and assigned all of its rights under the Ground Lease to Lunar Vail, LLC pursuant to the Assignment and Assumption of Ground Lease recorded at Reception No. 200616928. 7. Lunar Vail, LLC conveyed the underlying Property comprising the Ground Lease to Lunar Vail Land Investments, LLC by Special Warranty Deed recorded at Reception No. 200916528, and assigned all its rights as "Lessor" under the Ground Lease, including without limitation, the right to develop Phase II, to Lunar Vail Land Investments, LLC, pursuant to the Assignment and Assumption of Ground Lease recorded at Reception No. 201520369. As such, Lunar Vail Land Investments, LLC currently holds the development rights to develop Phase II of the Property. Please feel free to contact me with any questions. Sincerely, WEAR TRAVERS PERKINS LLC Richard D. Travers Apollo Park Unit Size Breakout Per Eagle County Records Unit Building Sq Ft 101 A 494 102 A 830 103 A 837 104 A 837 105 A 830 106 A 494 201 A 494 201 A 582 202 A 830 203 A 837 204 A 837 205 A 830 206 A 494 301 A 654 302 A 703 303 A 703 304 A 680 305 A 703 306 A 704 307 A 687 308 A 704 309 A 687 310 A 655 1 B 431 2 B 391 3 B 391 4 B 431 101 B 563 102 B 886 103 B 886 104 B 619 202 B 886 203 B 886 204 B 624 301 B 969 302 B 728 303 B 714 304 B 715 305 B 730 306 B 964 27,920