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TOWN FVAIL ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail, CO 81657
tel: 970 - 479 -2138 fax: 970 - 479 -2452
web: www.vailgov.com
Project Name: LION SQUARE LODGE NORTH
Application Type: CondThPI
ADM Number: ADM100007
Parcel: 2101- 072 - 0400 -1
Project Description: CONDOMINIUM PLAT REVIEW FOR ASSIGNMENT OF PARKING
Participants:
OWNER POWELL, WILLIAM R. & PAULA W 06/01/2010
1200 PALMETTO DR
HUBBARD
OH 44425
APPLICANT J.L. VIELE CONSTRUCTION 06/01/2010 Phone: 970 - 476 -3082
1000 S Frontage Road W, #202
Vail
CO 81657
License: 188 -A
CONTRACTOR J.L. VIELE CONSTRUCTION 06/01/2010 Phone: 970 - 476 -3082
1000 S Frontage Road W, #202
Vail
CO 81657
License: 188 -A
Project Address: 635 LIONSHEAD PL VAIL Location:
LIONS SQUARE LODGE NORTH
Legal Description: Lot: 8 Block: Subdivision: LION SQUARE NORTH
Comments:
BOARD /STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval: 08/09/2010
Meeting Date:
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and /or the appropriate review committee(s).
Planner: Bill Gibson DRB Fee Paid: $100.00
�'� x,z . , Departmet €.Cc?rrmunty' D
.75 South Fi ta ge
pia
e
Condominium and Townhouse Plat
Application for Review by the JUN�1Q
Planning and Environmental Commissi
TOWN OF VAIL tt cJ
General Information: Condominium and townhouse plats which do not constitute "conversions" from rental as de- C'
fined in Section 13 -7 -2, Definitions, Vail Town Code may be approved by the administrator, subject to review by other
Town of Vail departments. Please see Section 13 -6, Condominium and Townhouse Plats, Vail Town Code for more de-
tailed information. Vail Town Code can be found on the Town's website at www.vailaov.com
Fee: $100
Recording Fees: Please visit the Eagle County website http: / /www.eaglecounty.us /clerk /publicRecords.cfm for
the most up -to -date recording fees and check with your planner prior to submitting the payment. A check written
out to the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the
Planning and Environmental Commission and prior to the recording of the plat.
Description of the Request: �� c w �• z 5 p c-,- S �s �-C (,'tw• t .� ��•^~
Physical Address: (��� �-'� -5 ��� - L- �,� la•
Parcel Number: (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.)
Property Owner: - }—
Mailing Address: /WO S• F QDnt A t �D � �� �� 1 t. , X-) - 7
/ Phone:
Owner's Signature: _ r
Primary Contact/ Owner Representative:
Mailing Address: L 9C7D - f— , lam' _o 42-o
V&A I (Z ( 0 ( (v Phone: r - r& - - JV z.
E -Mail: 9 _ , - ,z -rD Fax: �_J�D - '-tA ° Et-,7_
For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # n Check A - 1�
Fee Paid: �� Received Frorr_�.• L �Qi� �Yl�C7F - f wt
Meeting D ate: PEC No.: to 000
Planner: Project No: Q(O- 0 0 01
Zoning: Land Use:
Location of the Proposal: Lot: : V r Block: Subdivision N t
01- Jan -10
EAGLE COUNTY, CO 200926106
TEAK J SIMONTON / p
REC: $41.00 DOC :1�1 :04:20AM 12! 00! 200
11111 11111 1111 111 1 1 11 11 11 11
Upon recording, retum to:
Lee F. Sachnoff, Esq.
Krendl Krendl Sachnoff & Way, P.C.
370 17` Street, Suite 5350 1111
Denver, CO 80202 I-41
FIRST SUPPLEMENT TO
CONDOMINIUM DECLARATION
FOR LION SQUARE NORTH CONDOMINIUMS
This First Supplement to Condominium Declaration for Lion Square North
Condominiums (this "Supplement to Declaration ") is made as of December _, 2009, by Lion
Square North Condominium Association, Inc., a Colorado nonprofit corporation (the
"Association ") and by Viele Development, LLC, a Colorado limited liability company (the
"Special Declarant ").
WITNESSETH:
WHEREAS, the Condominium Declaration for Lion Square North Condominiums was
recorded on April 16, 1975, at Reception No. 135447, as amended and supplemented from time
to time (collectively, the "Declaration ") in the Eagle County, Colorado real property records (the
"Records "); and
WHEREAS, pursuant to Section 1 of the Second Amendment to Condominium
Declaration for Lion Square North Condominiums recorded on June 8, 2007, at Reception No
200715008 in the Records (the "Second Amendment "), the Association reserved to itself the right
and power (a) to remap the Existing Building to expand the Existing Units to incorporate the
applicable Existing Unit Expansion Areas as authorized by the Second Amendment, (b) to
execute and record this Supplement to Declaration to reallocate the interests held by the Owners
in the Common Elements on a relative square footage basis as set forth in Section 6 of the
Second Amendment, and (c) to reflect the New Common Facilities as related to the Existing
Building (the "Existing Building Reserved Rights ");
WHEREAS, pursuant to the Second Amendment, the original Declarant expressly
reserved for itself and any Successor Declarant the right to expand the Property by annexing and
submitting all or a portion of the Expansion Property to the terms and conditions of the
Declaration and creating additional Units and/or Common Elements by one or more duly
recorded Supplemental Declarations and Supplemental Maps;
WHEREAS, the Association transferred and assigned to the Special Declarant the
"Reserved Rights" as defined in that certain Transfer of Reserved Rights recorded April 23, 2008
at Reception No. 200808623 in the Records, which Reserved Rights transferred to the Developer
specifically excluded the Existing Building Reserved Rights;
WHEREAS, that certain Second Amendment to the Condominium Plat, Lion Square
North Condominiums has been recorded on , 2009, at Reception No
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in the Records (the "Supplemental Condominium Map ") depicting the
Existing Units, as expanded, the New Units, New Parking Facility and New Common Facilities,
and the other improvements and easement(s) that constitute the Lion Square North Expansion
Project;
WHEREAS, the Association and the Special Declarant desire to record this Supplement
to Declaration to reallocate the interests held by the Owners in the Common Elements on a
relative square footage basis as mandated by the Second Amendment;
WHEREAS, the Association desires to reserve to the Association all right and power to
the further exercise of the Existing Building Reserved Rights;
WHEREAS, the Association and the Special Declarant have the right to designate
parking spaces as general common elements or limited common elements appurtenant to one or
more Units pursuant to, and without limitation, Section 1 -5 of the Declaration, the Second
Amendment, and Colo. Rev. Stat. §§ 38- 33.3- 208(3) and 38- 33.3- 217(1)(a)(III); and
WHEREAS, the Supplemental Condominium Map designates nine (9) parking spaces as
Limited Common Elements appurtenant to specific New Units, including the Commercial Unit
and designates sixteen (16) parking spaces as general Common Elements which the Special
Declarant may hereafter designate as limited common elements in accordance with the terms
hereof (the "Reserved Parking Spaces ").
NOW, THEREFORE, the Association and the Special Declarant hereby declare that the
Declaration is hereby supplemented as follows, which provisions shall run with the land and be
binding on all parties and heirs, successors and assigns of parties having any right, title, or
interest in all or any part of the Project:
1. Definitions. All capitalized terms used herein shall have the meanings as
defined in the Declaration, specifically including the Second Amendment, unless otherwise
defined or modified herein.
2. General. The terms and provisions contained in this Supplement to Declaration
shall be in addition and supplemental to the terms and provisions contained in the Declaration.
All terms and provisions of the Declaration, including all definitions, except those terms and
provisions specifically modified herein, shall be applicable to this Supplement to Declaration and
to the Expansion Property. The definitions used in the Declaration are hereby expanded and
shall hereafter and in the Declaration be deemed to encompass and refer to the Property as
defined in the Declaration and the Expansion Property as defined in the Second Amendment.
For example, "Unit" shall mean the Units described in the Declaration plus the New Units
described herein and on the Supplemental Condominium Map. Reference to the "Property" shall
mean both the Property and the Expansion Property, reference to "Common Elements" shall
mean the Common Elements described in the Declaration plus the additional Common Elements
depicted on the Supplemental Condominium Map and reference to the "Declaration" shall mean
the Declaration as supplemented by this Supplement to Declaration. All ownership and other
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rights, obligations and liabilities of Owners of Existing Units are hereby modified as described
herein.
3. Annexation of Expansion Property. The Expansion Property is hereby and, upon
the recording of this Supplement to Declaration and the Supplemental Condominium Map shall
be, annexed into the Property, and each New Unit in the Lion Square North Expansion Project
shall be subject to all of the covenants, conditions, restrictions and easements as contained in the
Declaration.
4. Effect of Expansion. Assessments by the Association as provided in the
Declaration, upon the recording of this Supplement to Declaration and the Supplemental
Condominium Map, shall be divided among the Units according to the interest allocations and
formula set forth on Schedule I attached hereto and incorporated herein by reference (whether
such Unit is part of the Lion Square North Expansion Project or part of the previous definition of
the Property), and page 2 of Exhibit A to the Declaration is hereby amended in its entirety to
read in accordance with Schedule I hereto. Notwithstanding any inclusion of New Units under
the Declaration, each Owner (regardless of whether such Owner is the owner of a Unit which is
part of the Lion Square North Expansion Project or part of the Existing Building) shall remain
fully liable with respect to such Owner's obligation for the payment of the Common Expenses of
the Association, including the expenses for any new Common Elements, costs and fees, if any.
The recording of this Supplement to Declaration shall not alter the amount of the Common
Expenses assessed to a Unit prior to such recording.
5. Description of Units. After this Supplement to Declaration and the Supplemental
Condominium Map have been filed of record in the office of the Clerk and Recorder of Eagle
County, Colorado, any contract of sale, deed, lease, mortgage, will or other instrument affecting
a Unit shall describe it as follows: "Condominium Unit , Lion Square North
Condominiums, according to the Second Amendment to the Condominium Plat recorded
December , 2009, at Reception No. , and as defined and described in the
Condominium Declaration for Lion Square North Condominiums, recorded on April 16, 1975, at
Reception No. 135447, together with any recorded amendments and supplements thereto, all as
recorded in the records of the Clerk and Recorder of Eagle County, Colorado."
6. Restrictive Covenants on the Commercial Unit. The Special Declarant, as sole
owner of Unit C -1, Lion Square North Condominiums, as shown on the Supplemental
Condominium Map (the "Commercial Unit ") declares that the following covenants, restrictions,
uses, limitations and obligations (the "Restrictive Covenants ") shall be deemed to run with the
}
Commercial Unit, shall be a burden on the Commercial Unit and a benefit to the Association:
Use of the Commercial Unit is hereby restricted such that its use shall not result in
unreasonable odors or noise emanating from the Commercial Unit, nor shall the Commercial
Unit operate any type of food service or provide liquor service. The Commercial Unit's hours of
operation shall extend no later than those for use of the hot tub for the Lion Square North
Building. Public entry to the Commercial Unit shall be only via exterior entry and not through
any interior Common Element. Without the prior written approval of the Association, title to the
Commercial Unit shall not transfer for at least ten years after the filing of this Supplement to
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Declaration and the Supplemental Condominium Map, except transfers to a person or entity who
controls, is controlled by or under commons control with the Special Declarant. The foregoing
Restrictive Covenants shall not be added, supplemented, modified or otherwise amended in
whole or in part without the written approval of the owner of the Commercial Unit and of the
Association by action of its Board of Directors. Upon any breach of the Restrictive Covenants,
the Association will be entitled to all remedies available at law or in equity, including without
limitation specific performance, injunction (without the requirement to post a bond), damages
and reasonable attorneys' fees and costs, it being acknowledged and agreed that the Association
is relying on the fact that the Commercial Unit will be held, used and operated in compliance
with the Restrictive Covenants, that monetary compensation would not fully compensate the
Association and that specific performance and injunction are reasonable remedies of the
Association.
7. Association's Reservation. The Association expressly reserves all right and
power to the further exercise of the Existing Building Reserved Rights.
8. Parking and Special Declarant's Reservations.
(a) The Special Declarant hereby reserves the right to designate some or all of
the Reserved Parking Spaces as Limited Common Elements appurtenant to one or more of the
Units including the Commercial Unit, by executing and recording one or more supplemental
condominium maps designating any such Reserved Parking Space as Limited Common Elements
and the Unit or Units to which it is appurtenant. Special Declarant may not designate any
Reserved Parking Space as a Limited Common Element of any property that is not a Unit in the
Property. If Special Declarant does not designate such Reserved Parking Space as a Limited
Common Element within one year from the date this Supplement to Declaration is recorded in
the Records, then any such undesignated Reserved Parking Spaces shall remain general Common
Elements and Special Declarant's reserved rights to designate such Reserved Parking Spaces as
Limited Common Elements shall terminate. To the extent that any of the Reserved Parking
Spaces are not within the New Parking Facility, the Association hereby transfers and assigns to
the Special Declarant its right to designate such Reserved Parking Spaces as a Limited Common
Element appurtenant to one or more Units in accordance with the terms of the Declarations,
Second Amendment and the Colorado Common Interest Ownership Act.
(b) Developer and the HOA agree that those four (4) parking space located on
sheet 4 of the Supplemental Condominium Map and those seven (7) parking spaces located on
sheet 5 of the Supplemental Condominium Map labeled as "Valet/Reserved Parking Space C.E.
Spaces" (the "Valet Spaces ") are subject to the following restrictions:
(i) The Valet Spaces shall become Limited Common Elements
appurtenant to a Unit or to Units within Property as designated by the Special Declarant in the
manner provided in Section 8(a) of this Second Amendment, and no interest in any of such Valet
Spaces, whether by easement, license or otherwise, shall be conveyed to any other party. The
foregoing restriction shall not prohibit the reallocation of any of the Valet Spaces as Limited
Common Elements from one Unit or Units to another Unit or Units within Lion Square North
Condominiums pursuant to the procedures of the Colorado Common Interest Ownership Act.
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(ii) The Special Declarant for those Valet Spaces that are general
Common Elements while they remain general Common Elements, and thereafter the owners of
the Units to which the Valet Spaces are appurtenant as Limited Common Elements, shall each
manage their respective Valet Spaces, including, without limitation, any required valet services,
signage and chaining of area to prevent unauthorized use. The Association shall not be
responsible for any such management of the Valet Spaces. To the extent that any Valet Space(s)
are used for storage, such management shall include reasonable screening of same so that such
storage does not become unsightly, although no parking space(s) shall be enclosed without the
prior written consent of the Association through its Board of Directors.
9. Commercial Unit Stairwell Easement. Special Declarant hereby reserves an
easement over, in, through and across the floor of the Commercial Unit to install, maintain and
use a stairwell between the Commercial Unit and the Limited Common Element immediately
below the Commercial Unit as reflected on sheets 4 and 5 of the Supplemental Condominium r
Map (the "Stairwell "). This easement shall be a covenant that runs with the Property for the
benefit of the owner of the Commercial Unit. Special Declarant, or the owner of the Commercial
Unit as the successor and assign of the Special Declarant, shall: (i) before commencing
construction of the Stairwell, obtain the prior approval of the Association's Board of Directors
that the construction of the Stairwell will not adversely affect any of the structural elements of
the Building, including any Common Elements (e.g., utilities); (ii) agree to reasonable rules
requested by the Association's Board of Directors with respect to construction hours and other
measures to minimize the impact of the construction on the Owners of the Units; and (iii) be
solely responsible for the construction of the Stairwell, including without limitation the cost of
materials, labor and any necessary approvals from the Town of Vail. Special Declarant shall
indemnify, defend and hold harmless the Association and the Owners of the Units from any
damages arising from construction of the Stairwell, including without limitation for personal
injury, property damage (including damage to the Property and any Common Elements) and
mechanic's liens. Upon construction of the Stairwell, Special Declarant reserves the right and
shall record a supplemental condominium map reflecting the construction of the Stairwell and its
dedication as a Limited Common Element appurtenant to the Commercial Unit.
10. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other covenant or restriction which shall
remain in full force and effect.
11. Conflicts Between Documents. In case of conflict between the Declaration, as
supplemented hereby, and the articles of incorporation or bylaws of the Association, the
Declaration as supplemented shall control.
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a
LION SQUARE NORTH CONDOMINIUM
ASSOCIATION, INC., a Colorado nonprofit
corporation
B .,`ice
Name: GAD L . fS
Title: r /O KY -
VIELE DEVELOPMENT, LLC, a Colorado limited
liability company
By: ■NIN (,/
. vid ■ . Viele, Manager
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this Y day of December, 2009,
by 4€‘14IQ' ru,1;uS , as Fres,d off of Lion Square North Condominium
Association, Inc., a Colorado nonprofit corporation.
`` , 1 111 F1t,
Witness my hand and offic 1 seal. �.� y0 DE9s,'
ei . 4, My commission expires: � u,9 ZD // �� �, . Q � --..._....,f.... :.
Notary Public - • f: V i:'L�o , : • O
N ib %
STATE OF COLORADO ) .._...:•
., i,,, COL- O.,`'
)ss. ' ,, •1 11 1 N 1
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this /day of December, 2009,
by David L. Viele, as the Manager of Viele Development, LLC, a Colorado limited liability
company.
Witness my hand and offr 'all�l seal. t :
My commission expires: ®j/ t ' ; ;`,_ ),
t i / . :
Op ...,^—.....,-•
F n
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•
•
SCHEDULEI
OWNERS' INTERESTS IN GENERAL COMMON ELEMENTS
Unit No. % Interest in
Common Elements
180 2.424%
182 1.818%
184 1.876%
186 1.911%
188 1.911%
190 1.930%
192 2.091%
194 1.991%
196 2.658%
201 3.772%
202 4.637%
280 2.347%
282 1.704%
284 1.716%
286 1.749%
288 1.749%
290 1.762%
292 1.923%
294 1.748%
296 2.431%
301 3.772%
302 2.939%
304 3.140% 1 ;
380 3.168%
382 2.382%
384 2.473%
386 2.655%
388 2.515%
390 2.261%
392 1.923%
394 1.748%
396 2.431%
401 3.644%
402 5.362% 1 '
501 5.506%
502 8.747%
C -1 1.189%
TOTAL 100.00%
The formula used to establish such allocation of ownership interests and assessments is
based upon the square footage of the respective Units.
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TOWN OF VAIL, COLORADO Statement
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Statement Number: R100000592 Amount: $100.00 06/01/201004:02 PM
Payment Method: Check Init: JLE
Notation: 17066 JL VIELE
CONSTRUCTION
----------------------------------------------------------------------- - - - - --
Permit No: ADM100007 Type: Administrative
Parcel No: 2101 - 072 - 0400 -1
Site Address: 635 LIONSHEAD PL VAIL
Location: LIONS SQUARE LODGE NORTH
Total Fees: $100.00
This Payment: $100.00 Total ALL Pmts: $100.00
Balance: $0.00
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------- - - - - -- ------------------------ - - - - -- ------ - - - - --
PV 00100003112500 Administrative Fee 100.00