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HomeMy WebLinkAboutPEC080072PLANNING AND ENVIRONMENTAL COMMISSION December 8, 2008 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME FL( 0900 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Scott Proper Rollie Kjesbo David Viele (departed at 5:15PM) Michael Kurz Sara Robinson - Paladino Susie Tjossem Site Visits: 1. Ever Vail, 862, 923, 934, 953 and 1031 South Frontage Road West 2. Vail Village parking structure, 241 East Meadow Drive 3. Evergreen Lodge 250 South Frontage Road 5 Minutes 1. A request for final review for an amendment to an approved development plan, pursuant to 12- 9C-5, Development Standards, Vail Town Code, to allow for temporary skier parking at the Vail Mountain School, located at 3000 Booth Falls Road /Lot12, Block 2, Vail Village Filing 12, and setting forth details in regard thereto. (PEC080070) Applicant: Vail Mountain School, represented by Robert Fitz Planner: Nicole Peterson ACTION: Withdrawn Nicole Peterson stated that she had received a request to withdraw the application from the applicant. The reason stated was concern expressed by neighboring properties with regard to controlling parking at the Vail Mountain School in the future which the school shared. 30 Minutes 2. A request for a final recommendation to the Vail Town Council, pursuant to 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, for amendments to the Lionshead Redevelopment Master Plan to incorporate the property known as Glen Lyon Office Building into the Lionshead Redevelopment Master Plan Study Area and create site specific recommendations, located at 1000 S Frontage Rd/ Lot 54, Cascade Subdivision, and setting forth details in regard thereto. (PEC080069) Applicant: Glen Lyon Office Building Planner: Nicole Peterson ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Tjossem VOTE: 5 -0 -1 ( Viele recused) Commissioner Viele recused himself from the review of this item due to a conflict of interest. Nicole Peterson gave a presentation per the staff memorandum. Jay Petersen, attorney representing the applicant, stated that the relocation of the Frontage Road changes the situation of the Glen Lyon Office Building. The stage has been set for the inclusion of the GLOB win itohf th the Lionhead is area s He went on to add that Master unde Lionshead lthe comprehensive plan g Page 1 Mixed Use -2 zoning would allow a great deal of development potential which would not be appropriate. The applicant stated that this is why they were specifically listing maximums on density, Gross Residential Floor Area, and height that are more appropriate. He added that if this request were to be approved it could allow for the reconfiguration of property lines in the area which could result in better planned developments. The Commissioners expressed their support and benefits for having the entire area under the same Master Plan. Commission Paladino asked what Vail Resorts thought of the proposal. Jay Petersen stated that Vail Resorts had expressed support at the Land Use Plan amendment stage and in recent conversations were supportive of this request. 3. A request for a work session for a review of a major exterior alteration 45 Minutes ,pursuant to Section 12- 7H-7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12 -71-1-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12 -71-1-3, Permitted and Conditional Uses, First Floor or Street Level; 12 -71-1-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units, and conference facilities and meeting rooms on the basement or garden level, multi - family dwelling units, accommodation units and conference facilities and meetings rooms on the first floor or street level, and a fractional fee club on the second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede ACTION: Tabled to December 22, 2008 MOTION: Viele SECOND: Kjesbo VOTE: 6 -0 -0 Rachel Friede made a presentation per the Staff memorandum Bruce Wright, principal of SB Architects, a representative of the applicant, made a presentation to provide an overview of the project and respond to the five discussion points outlined in the staff memorandum. He discussed how the flat roof area is not perceived as flat from the pedestrian view. He also noted that there are completed roof forms that are more visible than the flat roof area. He introduced a 3D model of the project and explained that the model is set at a distance from the podium that illustrates the view from the mountain. Mr. Wright continued by addressing the loading and delivery access and types of trucks that are expected to deliver to the hotel. He explained that if the project was not required to accommodate WB -50 trucks, the service drive could be eliminated. He stated that the applicant wishes to work with future re- development plans of the Vail Valley Medical Center, ensuring that redevelopment would not be impeded by the project. He then addressed the options for the pedestrian path, explaining that the path is meant to create a bike and pedestrian connection from the South Frontage Road to Meadow Drive. He described that the existing grades on the site create a challenge in designing the path, and believes the best location is on the west side of Middle Creek. Commissioner Pierce asked for public comment and referenced the letters included in the Staff memorandum. Rachel Friede added that she received another email that will be included in the public record. Sue Froeshle, owner at Vail International, spoke about the pedestrian path, noting that retaining walls will be 2 -6 feet high, with railings on top of the walls. She expressed concern about the Page 2 safety of pedestrians and cyclists due to grade changes. She stated that the existing path is dangerous in winter conditions and could not fathom a 10% grade on the proposed path. She was also concerned with run -off to middle creek if the path is heated. She said she is not in favor of a path on either side of Middle Creek. Greg Hall commented that the plan calls for a bicycle connection from S. Frontage Rd. to Meadow Dr. He noted that there is not a clear connection today, and it would be best located in this development because of the close proximity to a number of amenities. Jim Lamont, Vail Village Homeowners Association, disagreed with Greg Hall and noted that the path would be best located in the Lionshead parking structure redevelopment. He expressed concern for the wildlife habitat of Middle Creek. He suggested that the applicant conduct an environmental impact statement for the proposed path. He suggested another location for the path could be between the US Bank Building and the Skaal Haus. The Commissioners then provided comment on the flat roof area. Commissioner Viele stated he had no problems with the flat roof area. Commissioner Kjesbo agreed. Commissioner Peirce opposed the flat roof area, calling it a "landing strip" on the roof. He stated concern about the amount of deviation from the master plan. Commissioner Tjossem asked what materials and colors would be used for the roof. Wright responded that it would be a batten -seam material of silver /gray color. The Commissioners requested that at the next meeting, the roof reflect proposed architectural projections, and include broken up portions of flat roof. On the subject of loading and delivery, Commissioner Pierce asked Greg Hall if the docks need to accommodate a WB -50 truck. Greg Hall responded that many sites in the area can accommodate WB -50 trucks and that a typical beverage truck in Lionshead is a WB -50. The Commissioners agreed that WB -50 should be accommodated outside of the building, as proposed, so that trucks do not park on the Frontage Road. Commissioner Pierce noted that the location of the service road is not appropriate given its proximity to the Frontage Road. The Commissioners then agreed that employee housing could be provided off -site since the applicant had submitted the applications prior to new requirements for on -site housing. The Commissioners generally noted that the west side of Middle Creek was not a good location for the pedestrian path, but requested that the applicant explore a pedestrian path on the south side of the property. Wright clarified that a path of the south side of the property would potentially conflict with a new entrance for the Vail Valley Medical Center. Regarding the relationship to the Vail Valley Medical Center, the Commissioners agreed to respect a potential access point from the Frontage Road, and noted that the project will not impede redevelopment of the hospital. Greg Hall recommended that the access points move further west to accommodate a potential access for WMC off the Frontage Road. He also noted that major intersections could be formed, and does not want the Fairmont proposal to impede such intersections. TJ Brink, the applicant's representative, stated that he will not allow the VMC to access on his site. 45 Minutes Page 3 4. A request for a final recommendation to the Vail Town Council of proposed amendments to the Vail Village Master Plan, pursuant to Section VIII -B, Adoption, Extensions, and Amendments, Vail Village Master Plan, to amend Sub -area #4, Transportation Center, to allow for a mixed -use development on the south side of the Vail Village parking structure, located at 241 East Meadow Drive /Parts of Tracts B and C, Vail Village Filing 1 (a complete description is available at the Community Development Department upon request), and setting forth details in regard thereto. (PEC080015) Applicant: Triumph Development, LLC, represented by Rick Pylman Planner: George Ruther ACTION: Tabled to December 22, 2008 MOTION: Viele SECOND: Kjesbo VOTE: 6 -0 -0 George Ruther made a presentation per the staff memorandum. Ruther noted that the item is actually a work session rather than a final recommendation. Steve Virostek of Triumph Development, then made a presentation as the applicant. He said he has been working on the Willows redevelopment over the past few years, and has gotten to know the issues that are currently facing the town. Housing is clearly an issue, but also vitality and quality of life in the Village are major issues for the Town. They are concerned about the long term viability of Vail Village for workers, residents and guests. Until he became a resident, he was not exposed to the shoulder seasons. Now, during shoulder seasons, he sees that the Village is quiet. In hearing all of these discussions on housing, it became obvious that not only housing was an issue, but employment for businesses in the Village. Having families in the Village will improve vitality, providing people to walk around, shop and eat, especially during shoulder seasons. Front rangers would be more likely to visit during shoulder seasons if there is more vitality in Vail Village. The project being proposed today is a step in the right direction. Triumph is proposing the Vail Village master Plan amendments because there is merit to the idea, even though they don't own the land. He said the uses, and the corresponding amendments to the Vail Village Master Plan, should go through, regardless of whether the Town chooses Triumph Development for the project. He said other developers may be chosen for development, but in the end, the changes will make the Town a better place. The idea is to take the landscape berm, as shown in the corresponding maps and attachments, and replace the buffer with a building buffer. The building buffer would house: 100% deed restricted housing from Bridge Street to the east, first floor retail, second floor quasi retail, and office on second and third floor, and parking for those uses below the new building. Virostek went on to show the existing site as well as a proposal for development of the landscape berm. He noted that the building would look similar to the design intent shown in the rendering. He mentioned that it would not be exactly the same because through the process, the design of the building changes. He said that all of this can be done without affecting the day to day operations of the garage. The next rendering he showed was Bridge Street to the east. While the housing is deed restricted, because of its prominence to the Village, it would be of similar quality to the existing village. He said that there are people who are already interested in buying the units. The EHUs would be approximately 2,400 sq. ft. townhomes, and in some cases, an owner could occupy upper levels and rent the lower level to key employees. Virostek continued the discussion focusing on access to parking for the project. He said that employee housing would access their parking through the existing parking structure and would exclusively be occupied by EHU owners /renters. For office space, the employees could park in the office parking during office hours, but during non -office hours, the parking could be open to the public for public parking. This would alleviate the burden on the town for parking. He said that the retail would complement the employee housing, and not be another t -shirt or fur shop. He stated employee housing, office space and complementary retail, as well as parking, are Page 4 great amenities for the Town of Vail. He said in other cases, it might be developed as market rate condos, and in his opinion this is a mistake. He then gave a break down of the potential square footage of the differing uses.20- 30,000 sq feet retail and 20- 30,000 sq ft office, as well as 20 -30 units for employees (56,000 sq ft of residential space). It is not a big project, but could have a big impact. The Vail Town Council voted to approve goals including housing and parking, and this project meets those requirements. He said opponents would say this is taking away open space, and he thinks there is plenty of open space in other locations. He said that this wasn't envisioned in the master plan, but a master plan is a living document. If we did not amend master plans, we would not have an Ever Vail, a Front Door, or similar projects. He said you may hear we have enough development. He said everyone is tired of this, but there are ways of mitigating construction. He said if Triumph was selected, he would be able to mitigate development, as he did in the Willows. He said Triumph is motivated to do the right thing for the community, to solve issues that are not unique to Vail. This will help show that Triumph can solve community issues. Rick Pylman, Pylman and Associates, representing the applicant discussed the "technical" aspects of the project. He noted that the goals in the master plan do not need to change, as the project would meet all of the goals in the master plan today. He said adding paragraph 4.2 would allow for details on this project. He said in the land use plan map on page 50 of the Master Plan would detail section 4.2, showing retail /office and residential. The changes are to the transportation center sub -area. The review criteria are really important, and there are three, required to meet two. How have conditions changed since the plan was adopted? He said conditions have changed quite a bit. He said there was a perception that Vail Village was across the covered bridge. He said this is no longer true with improvements that have occurred on the north side of the covered bridge. The landscape buffer was in place when the master plan was created, and it identified existing conditions. He said it was there because it was the most economically viable way of structurally supporting that side of the parking garage. Is there a better way for the community to screen that side of the parking garage? He said since the Sonnenalp redevelopment and One Willow Bridge redevelopment, it is a vastly better place to walk. People come to Vail for the shopping and strolling activity. From the Slifer Plaza west to Solaris, we have improvements on one side of the road, but this project would make a better pedestrian connection. The changes to the master plan would allow more exploration of the concept. The next criteria: is the master plan in error? No, but conditions have changed. Is the project in concert with the master plan in general? Yes. There are no changes except changes to the sub area, and all of the goals support that. To be brief, they can meet two of the review criteria. There are covenants in place on the Vail Village Parking Structure, and he believes they will not impede the project. He said they are comfortable with discussion. Virostek said that this project will allow for a new structural system, creating independence for the Vail Village Parking structure. This will allow for redevelopment of the parking structure, with a rail solution, more density, etc. He said some issues can be solved right now, while other issues like rail will be solved later. Bob Sinclair, owner at the Mountain Haus since 1970, coming to Vail since 1968. He comes from an area near Seattle. He said the image or dream he has all year, is the wonderful open space that makes Vail the unique place that it is. He said that this project is not compatible with Vail's work to be stewards of the environment. He said this location is really the front door to Vail, and this is the impression people take home with them when they leave. Any urbanization of this area will give the wrong impression to visitors. He said Vail creates memories that turn into dreams that people have, pushing them to come back. Page 5 Axel Wilhelmsen, property owner and merchant in Vail, said that this is a great use of the space. It's a space that while considered open space, it is not used as an open space. Many people can't even fathom what is there today because it is not used as open space. We have a lot of open space around us. In Zermatt, Switzerland, there is a tremendous amount of open space. But in the core of the village, it has been built out for centuries. It does not detract from the experience of coming to Zermatt. For the proposed development, he gives his support. Tim Hargrave, general manager of The Wilows, said he would like to lend support to the project. He said the Sonnenalp has improved Meadow Drive a lot, and before redevelopment, Meadow Drive was a busway. He said this project will further the improvements to Meadow Drive, and the employee housing would be a great way to bring back families to town. Ted Wininger, started coming to Vail in 1982, came to Vail and rented until they could find a place in Vail. They could never find a place that was affordable to them, and ended up moving to Eagle. He would love the opportunity to live in the Village in an affordable housing development. Steve Hawkins, general manager of the Mountain Haus, said he would make several brief points. In Vail, there are 92 properties available for less than $1 Million. He went into detail about what is available in that range of price points. He said there is already a great deal of properties available for sale. If we would have put this type of development on the property, it would now not be available for use today. The objective of Goal 4 is to improve existing open space and provide new plazas. This is part of the fabric of the community. The open space and the history of the Village provides a better product than other communities. He said this project may preclude the parking structure from expansion for monorail. He also said this is a critical public policy issue of using public land for private development. He said this provides a buffer between the Mountain Haus and the parking structure. The open space in front of the building is a great use until the development occurs for the entire property. If this had been built in Lionshead, you would not have the options you have now to redevelop the site. Lets make sure the Village is ready for new development, and that the site is ready and intact before any partial development occurs. Congestion in that area is of major concern, especially because of skier drop off. Blocking views, more congestion are both issues. Future needs need to be addressed, and this project only addressed existing needs. But where does it end? There is a beautiful park nearby, and will that be used for development? Each park is important to the fabric of the village. It scares him that pretty pictures can take the discussion out of land use and Vail's needs. The discussion should be able the long term future of Vail. Reject any attempts to amend the master plan. Kaye Ferry, resident, said she opposes the sale of public land and further opposes giving it away. Stan Cope, managing director for Vail Mountain Lodge and Spa, represents the ownership of the property, said he disagrees with Rick Pylman. He said the Vail Mountain Lodge and Spa is not unattractive. The key to this is the berm. The berm is a buffer that is important. He said if the whole property was redeveloped, he would hope that there would be a setback. The Vail Mountain Lodge and Spa is 30 feet from this proposal, with 18 rooms facing this proposal. He said the Town of Vail runs buses up and down Meadow Drive. And there are major noise issues. He noted that the Town needs to prioritize redevelopment of outdated properties in the Village, rather than focusing on new development. He also stated that the only buffer parking and the Village should not be eliminated. Rich Selph, long time visitor and new resident highlighted the Master Plan's recommendation to preserve open space and noted that it sets Vail apart from other ski resorts who could not resist Page 6 developing every inch. He is also concerned about what public property will be developed next. He believes that despite how tasteful the architectural drawings the affect will be a movie lot appearance rather than a mountain village. Deviating from the master plan would be a breach of faith with the community and the adjacent owners. Robby Moore, Mountain Haus owner, remembered being able to see the ski mountain from the parking lot in the 1960's, and he believes the buffer was intentional when the parking structure was built to preserve such views. The landscaped area is a closing image for guests leaving Vail. Jim Lamont, Vail Homeowner's Association, who remembers being part of this project since the 1970's. He agrees with the representatives of the Mountain Haus that the parking area was the origins of Vail. He noted that this project is similar to other projects in Vail's history. He did admit that times have changed, but the community does not appear to know where it is going. He cautioned that any project on Town property must be thoroughly vetted and timed properly. He believes there are other priorities in the communities, and we can not be permitted to be distracted by anyone proposing to amend the Town's master plans. He expressed concerns that the Lionshead Parking project has gone no where at a high cost of time and money. He is concerned that the Town doesn't have a long range plan and now will grasp for any development with the threat of a down economy. He noted that Vail's new economic model from recent development is not tested. Numerous other projects in Lionshead still need to be redeveloped prior to shifting priorities to a new development in the Village. He stated that a large portion of the county's workforce may leave the county with the downturn in construction and real estate. He believes the Village is already functional and competitive with other resorts, and we need to stay focused. Timber Ridge needs to the focus of employee housing, Simba Run underpass in a priority of transportation, Ever VailMest Lionshead is a critical project that may give confidence to other developers and investors, the government should not be competing with the private sector developers with private projects on public lands. He also noted that the designer of the landscaping was a world class designer and was done very intentionally. The community must recognize there are unintended consequences to such a project and this use of public land is unprecedented. Andrew Purdy, East Vail resident, noted that the applicant's claim of off - season benefits and employee housing. He believes the Vail voters should have the ability to decide how to use their land. John Thoreau, local skier and commercial builder in Denver, described the visual quality of the area. He stated a desire to preserve and even enhance the natural look of the parking structure berm. He noted that he is bidding jobs at 7% profit, not 10% being proposed by the applicant. He also has concerns about developing this parcel, rather than preserving it for a future use. He is concerned developing this parcel now is buying high, rather than buying low. George Ruther clarified the intent of the work session, and reiterated that no final decision is requested at this time. Commissioner Viele noted that he does not believe the applicant has standing to file the application. Commissioner Kjesbo agreed with Jim Lamont. He has concerns about the affordability of the EHU's, he would like to see the results of the ongoing construction projects prior to moving forward with a proposal to amend the Vail Village Master Plan. Page 7 Commissioner Tjossem agree with Commissioner Viele and is concerned about the timeliness of selling /leasing public land at this time. She is concerned about the affordability of the EHUs. Commissioner Pierce stated his concern about preserving the intent of using this land for parking. He would like to see a consistent policy in accepting applications where deed restrictions affect properties. Commissioner Paladino agreed with Commissioner Pierce and Commissioner Viele. George Ruther clarified that the Town Council did grant the applicant the authority to proceed forward through the process. Commissioner Kurz believes the proposed density is egregious. He is not in favor of revising the Master Plan until the "dust has settled" on current development projects, and believes the proposal is contrary to the goals of the community. 60 Minutes 5. A request for a work session for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right -of- way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to December 22, 2008 MOTION: Kjesbo SECOND: Kurz VOTE: 5 -0 -0 Commissioner Viele departed prior to the start of this item due to a commitment. Warren Campbell gave a presentation per the staff memorandum and outlined the discussion points for today's work session. Greg Hall, Public Works Director, gave a presentation summarizing the transit and transportation topics associated with this proposal. Jim Lamont, Vail Homeowners Association, noted that there a key issues of contention that must be resolved in a timely manner such as circulation and parking. He asked if the Town should build the long term road improvement solutions or can those be constructed in phases. He noted that the Simba Run underpass will be a critical element to Vail's future success and the issue must be thoroughly researched and studied. He does not believe a simple pedestrian bridge is a viable solution for the future of Vail. In speaking with other development projects, there are methods available to optimize the existing developments. He recommended a compromise in the number of required parking spaces based upon public access to properly managed parking. The community can not afford to consider increasing the skier numbers until the community's infrastructure needs have been addressed. Tom Miller, Vail Resorts, along with other members of the development team gave a presentation about the circulation and transportation internal to the Ever Vail project. Jim Lamont, representing the Vail Homeowners Association, spoke to the fact that circulation and parking are issues currently and only become more so as time passes. He spoke to the need to address the comments discussed in Greg Hall's presentation and not repeat past Page 8 mistakes. He added that Simba Run is needed without question even if it means large retaining walls adjacent to Gore Creek. Diane Johnson, representing Eagle River Water and Sanitation District ( ERWSD), stated that the District had provided comments to the Community Development Department per the referral request that was sent out to 12 other agencies. She added that ERWSD was in conversations with Vail Resorts regarding the feasibility of relocating the facility to another location on the site. That study was to be done at the end of January. She concluded that currently Vail Resorts and ERWSD were actively in conversations and it was a positive exchange. The Commissioners followed the public input by asking the questions that had been generated by hearing the presentation. It was restated that the intent was not to answer all the questions today but to begin to create a list of questions that would be addressed at the start of the next work session hearing. Commissioner Paladino asked where the Frontage road Realignment was in the CDOT process. Greg Hall stated that several conversations with CDOT have occurred regarding the Frontage Road realignment and they appear to be open to the realignment so long as there is no cost to them and the Town sponsors the application. He added that the Simba Run underpass has been on their project list since 1993 and if funding became available the project could move forward. Commissioner Pierce stated the road looks wide with a 10 -foot shoulder, two lanes in each direction a median and a bike path /sidewalk on the south side. Was all this a given and was there more opportunity for landscaping? Greg Hall stated it was necessary to guarantee traffic flow per the projected traffic increases Commissioner Paladino asked who pays for the road relocation? Greg Hall stated that the cost of the relocation would be the responsibility of Vail Reoorts Development Company. Commissioner Tjossem asked if this triggered the TOV taking over the Frontage Roads? Greg Hall responded that it would not. Commissioner Pierce asked where can we get breaks in the proposed road for landscaping? He continued by stating that walking next to the Frontage Road is not a good experience. There needs to be a break in the chain of pavement. Are there opportunities for more islands in the center of the proposed road? Commissioner Tjossem asked why have a redundant bike path along the Frontage Road? Greg Hall responded that the bike path along the Creek was not open year round and this path would be available year round. Commissioner Tjossem asked about the turning movements in and out of the proposed parking structure? How does this work without a roundabout? Commissioner Pierce asked how many parking spaces are there on the east versus west? Page 9 Commissioner Tjossem asked if switching the percentages on the turning movements impacted the LOS? She further stated that she would like to have residential, office, and commercial stats for the Village and Lionshead to use as a comparison when evaluating Ever Vail. She requested data on the number of skier days out of each portal and what is anticipated in Ever Vail. She then asked about the provision of greater parking in order to address parking and days on the Frontage Road. Commissioner Kjesbo asked about the parking that would replace the West Day Lot, North Day Lot, and Holy Cross Lot and how they would be accessible to Vail Resorts employees? Commissioner Pierce asked if there was parking under the proposed Frontage Road? He further asked that plans be provided that show pedestrian and transit connectivity to the Lionshead Core? Commissioner Tjossem asked for the skier drop off locations? Greg Hall added that transit needs and circulation need further study as the needs go beyond in Town buses. It includes Eagle County and charter buses. Commissioner Tjossem asked where does the in -town bus go? Is the bus being at the east end of the project too far from the parking structure? All the commissioners generally wondered what would energize the easternmost portion of the site with people. Commissioner Tjossem asked how the grade of the proposed Frontage Rroad relocation down to the Simba Run round -about compared to the grade of the Frontage Road in front of Donovan Park Commissioner Kurz requested additional information regarding the ERWSD facility with regard to odor and accessibility for emergencies. Commissioner Kjesbo stated that he has been on PEC the longest and has some issues that need to be addressed. He was concerned that the employee housing obligation on other projects has not been met. Like everyone, he believed that the offices were going to go back into Arrabelle and they will not and have been remaining in temporary locations. Parking and public parking are still an issue. He is concerned with moving forward on another large development with obligations still lingering. He concluded by stating that there should be away to ski back to Ever Vail as it would simplify some of the transit circulation concerns. 6. A request for a final recommendation for prescribed regulation amendments 30 Minutes 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -13, Employee Housing, t Vail Town Code, to establish regulations for an Employee Housing Unit Exchange Program, and setting forth details in regard thereto. (PEC080071) Applicant: Town of Vail, represented by the Vail Local Housing Authority Planner: Nina Timm /Bill Gibson ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Palladino VOTE: 5 -0 -0 Nina Timm gave a presentation per the staff memorandum. Commissioner Kurz asked about the perceived benefits of the proposed program Page 10 Nina Timm stated that she has already been contact by several people who want to provide housing just not in their home. There was no public comment. The Commissioners expressed their support of the application. 30 Minutes 7. A request for a final recommendation for prescribed regulation amendments, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to amend Section 11 -7 -10, Open House Signs, Vail Town Code, to allow for changes to the allowable quantity and location of open house signs, and setting forth details in regard thereto. (PEC080073) Applicant: Town of Vail Planner: Bill Gibson ACTION: Recommendation of approval with modifications MOTION: Kjesbo SECOND: Paladino VOTE: 4 -0 -1 (Kurz recused) CONDITION(S): 1. The allowable area of an open house sign should be increased from 1'/2 sq. ft. to 3 sq. ft. 2. The number of allowable open house signs should not be increased from the current one on -site and one off -site sign (total of two signs). Bill Gibson gave a presentation per the staff memorandum. Michael Kurz recused himself as the group he represents has numerous real estate agents within in it and he did not feel he could act without bias. Cynthia Kruse, Vail Board of Realtors, stated that the Board of Realtors is very concerned about having Vail appear as if it was "on sale ". She noted that home sellers are Vail taxpayers, buyers are soon to be taxpayers, and realtors all obligated to help sellers advertise their properties in the manner they prefer. She recommended increasing the number of directional signs to at least three. However, she believed five signs would more appropriate for the far reaches of East Vail. She noted her concern about the prohibition of directional signs on the Frontage Road and Bighorn Road, but recognized that signs are currently not permitted on CDOT's right -of -way property. She recommended increasing the size limits for open house signs from 1'h sq. ft. to 3 or 5 sq. ft., since those are the sizes of most realtors' standard signs. She stated concerns about limiting the display of open house signs to only three days in one week. While unusual, some sellers have requested longer open house time frames in order to move their property. She recommended eliminating any maximum number of days signs could be displayed, since the signs will be limited to only certain hours in a day and will not be left out over night. Commissioner Paladino was opposed to increasing the 1 sq. ft. sign size limit. She liked the proposal to limit the display of signs to only one hour before and after an open house. Commissioner Pierce supported the proposed clean -ups to the code, but did not support increasing the number of allowable signs. With GPS, computer mapping programs, information from the realtors, etc. people should be able to find an open house location without directional signs. He was concerned about the affect of more signs on the aesthetics of the community. He added he would be amenable to an increasing the allowable sign size to 3 sq.ft.. Page 11 Commissioner Tjossem was skeptical that home buyers simply drive around looking for open house sign instead of contacting a realtor or other sources. She was concerned about the affect on the Town's aesthetics and image with regard to the request for more directional signage. Commissioner Kjesbo supported increasing the allowable sign size to 3 sq. ft, but did not support an increase to 5 sq.ft. He did not support increasing the number of allowable open house signs. He noted that signs are already be posted along the East Vail exit ramps with negative impacts. 5 Minutes 8. A request for a work session to discuss prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Section 12 -61 -8, Parking and Loading, and Chapter 12- 10, Off Street Parking and Loading, Vail Town Code, to amend parking requirements for employee housing units and to clarify the parking requirements in the Housing (H) zone district, and setting forth details in regard thereto. (PEC080067) Applicant: Town of Vail Planner: George Ruther ACTION: Table to December 22, 2008 MOTION: Kjesbo SECOND: Paladino VOTE: 5 -0 -0 5 Minutes 9. A request for final recommendations to the Vail Town Council, for the proposed adoption of the Chamonix Master Plan, to facilitate the development of Employee Housing and a Fire Station on the "Chamonix Parcel" and "Wendy's Parcel" and a final recommendation to the Vail Town Council to amend the Vail Land Use Plan, pursuant to Section 8 -3, Amendment Process, Vail Land Use Plan to designate the Chamonix Master Plan area, located at 2399 North Frontage Road and 2310 Chamonix Road /Parcels A & B, re- subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080058) Applicant: Town of Vail Planner: Warren Campbell ACTION: Table to December 22, 2008 MOTION: Kjesbo SECOND: Paladino VOTE: 5 -0 -0 5 Minutes 10. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 22, 2008 MOTION: Kjesbo SECOND: Paladino VOTE: 5 -0 -0 5 Minutes 11. A request for a final review of major exterior alterations, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal Page 12 description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 22, 2008 MOTION: Kjesbo SECOND: Paladino VOTE: 5 -0 -0 5 Minutes 12. A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 22, 2008 MOTION: Kjesbo SECOND: Paladino VOTE: 5 -0 -0 5 Minutes 13. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right -of -way which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail' (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right -of -way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 22, 2008 MOTION: Kjesbo SECOND: Paladino VOTE: 5 -0 -0 5 Minutes 14. A request for a final review of major exterior alterations, pursuant to Section 12 -71 Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the property known as the "North Day Lot ", with a multiple unit employee housing project, located at 600 West Lionshead Circle /Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to January 12, 2009 MOTION: Kjesbo SECOND: Paladino VOTE: 5 -0 -0 15. Approval of November 24, 2008, minutes MOTION: Kurz SECOND: Tjossem VOTE: 5 -0 -0 16. Information Update 17. Adjournment MOTION: Kjesbo SECOND: Kurz VOTE: 5 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The Page 13 public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published December 5, 2008, in the Vail Daily. Page 14 From: Warren Campbell To: Rachel Friede Date: 04/14/2009 8:50 AM Subject: Fwd: RE: Evergreen Lodge Please print and put in the file >>> 'TJ Brink" < tbrinkCd)semperdev.com > 04/14/2009 8:47 AM >>> Warren: Sorry for the delayed response - meant to come see you last week when I was in town but got jammed with other stuff and didn't get a chance. I want to get back on as soon as possible but I need to resolve the hospital issues of access which has been difficult and now very difficult since Stan Anderson is no longer with the hospital and I can't get anyone to return a call or tell me who is the right person to deal with on the issue. I spoke to George about this last week and he was going to try to get a meeting with the hospital CEO set up for the Town and us so we can get this issue behind us and get on to final approval from PEC. At this point we should probably table out until the July 27, 2009 meeting to be safe. Hopefully we will get the hospital to meet in the next few weeks and then we can update our drawings and submit a revised package. Thanks, TJ Very truly yours, Thomas J. Brink President HB Development Co. Minneapolis Office: 80 South Eighth Street Suite 1275 Minneapolis, Minnesota 55402 Telephone: (612) 332 -1500 Facsimile: (612) 332 -2428 Denver Office: 8000 East Prentice Avenue Suite C -3 Greenwood Village, Colorado 80111 Telephone: (303) 825-7800 Facsimile: (303) 825 -7801 - - -- Original Message---- - From: Warren Campbell [ mailto•WCampbell vailgov.coml Sent: Tuesday, April 14, 2009 9:35 AM To: jabrinklaw.com TJ; TJ Brink Subject: Evergreen Lodge TJ, Hope you are doing well. I am writing to all three emails that I have for you since I don't know which one you use. :) I didn't even realize I had that many emails for you. Can you please give me some insight on your thoughts and plans for the Evergreen redevelopment. We tabled the Item to the May 11th meeting some time ago and I need to know to what meeting you would like this item tabled. June 8th, June 22nd, July 13, or July 27. If you would like to table it out further please let me know. I need an answer by Wednesday of next week please. Thanks Warren Attachment B: Letters from Adjacent Property Owners Evergreen Redevelopment Applications for Major Exterior Alteration and Conditional Use Permits PEC080033 PEC080072 Planning and Environmental Commission Work Session December 8, 2008 From: Ory Petersen <ory @pdsdata.net> To: <rfriede @vailgov.com> Date: 11/29/2008 2:41 PM Subject: Fairmont VaFil Development Issue Rachel: As an owner of a condo unit at Vail International, I strongly object to the irrational attempt by the developer of the Fairmont - and by the town of Vail - to create an unneeded and unwanted walkway from the South Frontage Road along Middle Creek connecting to Meadow Drive. The walkway itself makes no sense whatsoever in this location. It's particularly annoying to note that the developer of that project also simply wishes to move a proposed walkway from their side of the stream to the side closer to Vail International. What a ridiculously self serving request. That developer's attempt to relieve themselves of the burden of having to create and pay for this (still) useless walkway makes no sense at all. Further. Middle Creek is a historic spawning habitat for trout that eventually enter Gore Creek which is currently designated as a Gold Medal Trout Stream. Destroying or modifying the riparian habitat along Middle Creek has a hugely detrimental effect on aquatic life in that stream. I have previously documented problems caused by the Town of Vail when they arbitrarily removed bank side shrubbery and delimbed trees along the stream close to the Dobson Arena. Suzanne Silverthorne can attest to this fact. Should the town make any attempt or plan to remove or alter the streamside vegetation on this creek, I would immediately file a complaint with the Colorado Department of Wildlife. Please cancel this attempted walkway development. There are far better places to locate such an access point for employees - the best being to the east side of the proposed Fairmont Vail project. Sincerely, O. R. Petersen Unit 111 Vail International Condominiums From: "Sue Froeschle" <sfroesch1@juno.com> To: <rfriede @vailgov.com> Date: 11/29/2008 3:16 PM Subject: Comments concerning Fairmont Vail Rachel, could you please ensure that this e-mail is included in the Planning and Environmental Commissioners packet for their Dec. 8, 2008, meeting. I have attended the past two meetings regarding the redevelopment of the Evergreen property, to be known as Fairmont Vail. I was dumbfounded when I discovered the developer is now proposing two options for the river walk located on the west -side of Middle Creek. I regret that I did not speak up at these meetings regarding this proposal as now it appears as sour grapes. I have lived at Vail International since 2000. Furthermore, I own two dogs and consequently I walk them several times a day from early in the morning to late at night. I have never seen a flood or much more than a trickle of people at the bus stop in front of US Bank. Of course, it gets used, but there are so many other stops that are used with greater demand. Consequently, I see no benefit to an access point in between the Fairmont and Vail International that a river walk would provide. The developer has vocally expressed to the Commission that they do not understand why the Town of Vail is requiring this river walk. That said, they know they must satisfy this requirement in order to get approval for their project. It makes absolutely no sense to construct this on the west side of Middle Creek when the project proposed is on the east side. Frankly, I see no point in an access route on either side. Once constructed, the Town of Vail will need to spend taxpayer dollars to maintain this pathway. Neither proposal is ADA compliant which contradicts past efforts of the town to make our community more accessible. Another key concern is the riparian area along Middle Creek. As a periodic fly fishing guide and member of Trout Unlimited, I am amazed you would even consider impacting this stretch of water. Any removal or thinning of trees and vegetation along the bank will have an adverse impact to a tributary that feeds into Gore Creek — a state recognized Gold Medal water. I am fully aware of mitigation work that could take place. I have a masters degree in environmental management, and I am a retired Forest Service employee. I have written, reviewed, and commented on countless environmental impact statements. If the town believes a pathway from the Frontage Rd. to Meadow drive truly is needed, than I think an alternative route should be considered. The east end of Fairmont Vail would have far less impact on the environment and would provide better access to the Vail Valley Medical Center. I urge you to carefully consider an alternate route away from Middle Creek or dropping this requirement altogether. Sue Froeschle (pronounced "freshly ") sfroeschl @juno.com 970 -476 -4053 Smell Sexy! Top Perfumes. Click Now. http: // thirdpartyoffers .juno.com[TGL2131 /fc /PnY6rbvGlclPAcPn F39aiZK5VFM4h7MrGZLObmREfN7StsyZ mAIPC/ From: "Andrea R. Haigh" <mrsandrea @g mail. com> To: <rfriede @vailgov.com> Date: 11/29/2008 9:25 PM Subject: FW: IMPORTANT - Evergreen redevelopment CC: "'Sue Froeschle "' <sfroesch1 @juno.com >, "'Snowden Smith "' <snowden @vaili... Dear Ms. Friede, Thank you for your concern and oversight of our beautiful Vail and Lionshead Villages. Having been a full time resident at Vail International, I fully agree with Sue Froeschle's points regarding the placement of the pedestrian bridge, (see her letter below). My mother is a naturalist and scientist and is in total agreement with Ms. Froeschle as well. We also agree with the alternative bridge location. Thank you for your appreciation and conveyance to the developer. Very Sincerely, Andrea R. Haigh Owner, Vail International Condominiums Telephone: 970 - 331 -1200 To: Planning and Environmental Commission From: Vail International Condominium Owners Association Date: December 1, 2008 Subject: Evergreen Redevelopment Proposal On behalf of the 56 units and 53 owners at Vail International, we would like to share our concerns about the pending redevelopment of the Evergreen hotel and condominium complex to be known as Fairmont Vail. Sue Froeschle, a member of our Board, has attended meetings held by the Planning and Environmental Commission concerning the development of Fairmont Vail. She recently met with Adam Williams, a representative of ARC Integrated Program Management, Inc. He showed her two preliminary proposals of the river walk the town is requesting from the developer. We fully understand these are preliminary proposals and no decisions have been made by the commission. We understand, however, that at the December 8, 2008, commission meeting, that the commissioners could have a final vote to approve this redevelopment. We also understand that the commission may ask for modifications as a condition of approval or they may table a final decision or deny this request. We are asking that you consider our position regarding the river walk location in making any decisions. First, we oppose a river walk on either side of Middle Creek. We understand that there is a need for people who are trying to access the Vail Valley Medical Center. But, people wanting access to the mountain, restaurants, or shopping are not going to see this as a convenient access point. Individuals staying at Vail International or the future Fairmont Vail will not use the river walk. They will, however, continue to use the pathway to the north of these respective buildings and down past the east side of Dobson arena. A better access route would be on the east side of Fairmont Vail. The hospital already has parking at that end through a property easement from the Evergreen. It would provide a shorter access route and would have less pedestrian traffic impact to adjoining properties than along Middle Creek, Second, by proposing the river walk be on the west side of Middle Creek, we believe the developer is shirking it's responsibility to the town and using Vail International to leverage their position of not wanting to do this in the first place. Third, we are concerned about the vegetation along Middle Creek. There are trees that are 40 to 50 feet high that are important to bank stability and provide effective visual screening. They also protect the trout habitat. When the town removed and pruned trees at the west end of the hospital parking lot, there was a noticeable reduction in trout in Middle Creek. It is only recently, that trout have returned due to new growth. We do not want to see these trees removed. Fourth, we are concerned about the gradient of the pathway. The proposal with stairs is counter to the efforts Vail has made to make the town accessible. The second proposal to ramp the land with retaining walls is also counter to this position. The proposal includes a 10 percent grade which is hardly accessible or ADA compliant. Fifth, while the town does a very good job of maintaining the existing bike path behind Vail International and along the east end of Dobson arena, when there is snow melt and subsequent freezing the pathways are extremely icy. Neither proposal will provide for safe walking conditions unless they are heated. The times when many hospital employees might use this pathway going to and coming from work are times when the pathway may be iciest. If the town believes this will serve needed access than more people will have to navigate an icy pathway. If a final decision is made that includes the river walk on the west -side of Middle Creek, we plan to exercise our right to appeal this decision. On another note, we are also concerned about construction workers walking across our property. This is a particular concern should they park at the Lionshead parking structure. We have an upper deck parking lot that is conveniently located adjacent to the west end of the parking structure. We do not want workers using our property as an access point. We would like you to address this with the developer. This should be part of their response to commissioner Susie Tjossem's request to have a worker parking plan provided to the commission. PS. As an added note, the developer was asked to provide a drawing showing access to Vail International from the Frontage Road. I have not seen that proposal, but plan to do so Dec. 1. If you need further clarification, please feel free to contact me directly (see contact information below). Sue Froeschle (pronounced "freshly ") sfroesch1 Qu no. com 970 -476 -4053 Click to become an artist and quit your boring job. http: / /thirdpartyoffers. juno.com/TGL2131 / fc/ PnY6rbulrJO2agVgDMVZzEgN3yaDZeY8 yNfS RpkrvvpXfLZ9M5578/ Rachel Friede - Proposed Pathway between VI and Evergreen wow­ From: ro: , Date: 11/30/2008 6:59 AM iubject: Proposed Pathway between VI and Evergreen Dear Rachael, am against the proposal to to build a pathway from Frontage Road to Meadow Drive on the west side of Middle creek because of the following reasons: the environmental impact on Middle Creek will be tremendous. Vegetation, )ushes, trees, soil, rocks, elevations, drainage, etc., will be disturbed ;hances for garbage entering Middle Creek from the proposed walkway will ncrease and destroy a beautiful trout stream. r people with disabilities will not benefit from this walkway because of the ;tcepness of the walkway. Ice, snow and water will make this proposed pathway a /ery slippery walk opening the town of Vail to the potential of many lawsuits. proposed that the Town of Vail do a study to evaluate both financially and :nvironmentally the impact to build a pathway on the East side of Middle Creek and the East side of the new Fairmont Vail development. The Town of Vail should iot make a decision of this importance without understanding the mayor impact :his pathway will have on Middle Creek. Regards, Raymond W. Siwiec Jail International Owner e season to save your money! Get the new AOL Holiday Toolbar for money saving offers and gift ideas. Rachel Friede - Fwd: Middle Creek Pathway Mp From: To: Date: 11/30/2008 1 1 :13 AM Subject: Fwd: Middle Creek Pathway From: CPAMBA711 To: rfriede @vail.gov Sent: 11/30/2008 1:04:49 P.M. Eastern Standard Time Subj: Middle Creek Pathway Rachel: As an owner of a condo unit at Vail International, I strongly object to the irrational attempt by the developer of the Fairmont - and by the town of Vail - to create an unneeded and unwanted walkway from the South Frontage Road along Middle Creek connecting to Meadow Drive. The walkway itself makes no sense whatsoever in this location. It's particularly distressing to note that the developer of that project also simply wishes to move a proposed walkway from their side of the stream to the side closer to Vail International. What a ridiculously self serving request. That developer's attempt to relieve themselves of the burden of having to create and pay for this (still) useless walkway makes no sense at all. Further. Middle Creek is a historic spawning habitat for trout that eventually enter Gore Creek which is currently designated as a Gold Medal Trout Stream. Destroying or modifying the riparian habitat along Middle Creek has a hugely detrimental effect on aquatic life in that stream. Problems caused by the Town of Vail when they arbitrarily removed bank side shrubbery and delimbed trees along the stream close to the Dobson Arena. Suzanne Silverthorne can attest to this fact. Should the town make any attempt or plan to remove or alter the streamside vegetation on this creek, we would immediately file a -omplaint with the Colorado Department of Wildlife. n addition, should this walkway be approved the owners of Vail International will immediately take all legal remedies available to block this unnecessary project. r ease make every attempt to cancel this attempted walkway development. There are far better places to locate such an access point for employees - the best being to the east side of the proposed Fairmont Vail project. Sincerely, Jeff and Jane Lasky Apt 312 Vail International 300 East Lionshead Circle Vail Co 81657 Life should be easier. So should your homepage. Try the NEW AOL.com Life should be easier. So should your homepage. Try the NEW AOL.com [ Zachel Friede - Middle Creek dear Rachel; ks an owner for over 20 years at Vail International I am very distressed to hear )f CONSIDERATION of a pathway on the west side of Middle Creek (eastside of VI) in ;onnection with the redevelopment of the Evergreen Lodge. Why put the pathway (from , rontage Road to the area of the Vail Library) on the west side of the creek? And how manny walkers ( ?) on Frontage Roac Nill use it? .km I missing something - - - -it is so evident that (if it is necessary at all in connection with :he construction) I belongs on the east side of the creek where there would be access to the hospital. ks a second option should it not be located on the east side of the new Evergreen, across he Road from the TOV offices and between the bank and the new Evergreen? ?lease understand the rational of all of us owners (56) at VI who will be opposing the .ocation of this )athway for the convenience of TofV and or the Evergreen construction. Thank you for distributing this message to all TofV officials who will be involved in the liscussion of he final resting place of the Evergreen Pathway. Since it will always be known as the 'Evergreen Pathway" I should obviously be located on the Evergreen Lodge property. 3incerly, Joe Murphy -- Unit Owner 206 E2achel Friede - Evergreen Redevelopment Proposal/Pathway Frontage Road to ac ' -)ital From: "Martin Shore" ro: Date: 12/01/2008 12:16 PM iubject: Evergreen Redevelopment Proposal /Pathway Frontage Road to Hospital �C: "'Sue Froeschle"'_ 'tanning and Environmental Commission Jo Rachael Friede If a pathway is needed from the Frontage Road to the Hospital to assist the hospital employees and patients, it should be ,onstructed on the East side of the present Evergreen which location leads directly to the hospital from the Frontage Road. This cation would provide immediate pedestrian access to the hospital, rather than walking from the frontage road to the ice skating ink, then across the hospital parking lot to the hospital. The proposed new pathway should be maintained ice free during the winte ind should comply with all legal disability requirements. The existing pathway along Middle Creek becomes extremely icy during ;now melts. Thank you. vlartin H. Shore owner Unit 411, Vail International >3 / South Valentia Way, Suite 100 3reenwood Village, Colorado 80111 103.991.3541 Direct Office 103.571.1271 Fax 103.887.6467 Cell nshore @shoreattys.com From: "Sherri Widener" <sherri @mlharrisco.com> To: <rfriede @vailgov.com> Date: 12/01/2008 12:23 PM Subject: Fairmont VaFil Development Issue CC: <sfroesch 1 @juno.com> In regards to the proposed Evergreen redevelopment- I have been the owner of unit 204 Vail International since October 1973, 1 strongly object to the irrational attempt by the developer of the Fairmont - and by the town of Vail - to create an unneeded and unwanted walkway from the South Frontage Road along Middle Creek connecting to Meadow Drive. The walkway itself makes no sense whatsoever in this location. It's particularly annoying to note that the developer of that project also simply wishes to move a proposed walkway from their side of the stream to the side closer to Vail International. What a ridiculously self serving request. That developer's attempt to relieve themselves of the burden of having to create and pay for this (still) useless walkway makes no sense at all. Further. Middle Creek is a historic spawning habitat for trout that eventually enter Gore Creek which is currently designated as a Gold Medal Trout Stream. Destroying or modifying the riparian habitat along Middle Creek has a hugely detrimental effect on aquatic life in that stream. I have previously documented problems caused by the Town of Vail when they arbitrarily removed bank side shrubbery and pruned trees along the stream close to the Dobson Arena. Suzanne Silverthorne can attest to this fact. Should the town make any attempt or plan to remove or alter the streamside vegetation on this creek, I would immediately file a complaint with the Colorado Department of Wildlife. Please cancel this attempted walkway development. There are far better places to locate such an access point for employees - the best being to the east side of the proposed Fairmont Vail project. Sincerely, C Jack Harris Unit 204 Vail International Condominiums Rachel Friede - Fairmont Vail Development From: ro: Date: 12/01/2008 2:52 PM I ubject: Fairmont Vail Development Dear Ms. Friede, VIy family owns Unit 112 at Vail International. Our property faces east and is in the back A the building, opening to the common grass area at grade level on the first floor. We are eery concerned about the proposed development plans of Fairmont Vail - particularly the )roposed path between the two properties. I would like to echo all of the concerns that VIs. Froesche has expressed. n addition to her concerns, I would add our thoughts about a safety issue. My husband ind I spent last September in our unit and were very aware of people walking across the awn in the early morning hours. We thought that perhaps they were workers at the lospital arriving for a 2:00 or 3:00 AM shift. Also, on the evenings when Vail was ;P' °brating Octoberfest, we experienced noise and foot traffic across the lawn. A formal )hul in this area would result in further disturbance and safety problems. The pedestrians mere within 15 feet of our doors and windows with no landscaped buffer. would certainly hope that the Town of Vail would insist upon having any path that is seemed necessary be placed east of Middle Creek. Thank you for your consideration, Sincerely, ?rances G. Baker 32 East Third Street rederick, Maryland 21701 Vail International, Unit 112 BRIAN E. O'REILLY, P.C. P.O. BOX 5780 41184 U.S. HIGHWAYS 6 & 24 AVON, COLORADO 81620 (970) 949 -1636 - Office (970) 949 -9045 - Fax brianeoreilly @msn.com Town of Vail Planning and Environmental Commission P. O. Box 100 Vail, Colorado 81658 December 1, 2008 Re: Vail International Condominium Owners Association and Fairmont Vail Dear Members of the Commission: I have been asked to write this letter on behalf of the 53 condominium unit owners at Vail International, to enumerate the Association's concerns regarding the redevelopment of the Evergreen Lodge into the Fairmont Vail hotel and condominium complex. As you may be aware, Sue Froeschle, a member of the Association's Board of Directors, attended meetings held by the Commission, and met with Adam Williams, a representative of ARC, who showed her two preliminary proposals for the river walk that the Town has requested the developer provide. Based on those meetings, It is my clients' understanding that no final decisions have been made by the Commission and that you may condition any approval upon the inclusion of modifications to the existing proposal. Accordingly, the members of the Vail International Condominium Owner's Association wish to ask that the Commission consider its comments regarding the proposed location of the river walk, as well as their concerns about the apparent lack of a plan for construction parking and for access to the construction site which minimizes their impacts on my clients. First, my clients wish for me to inform you that their Association opposes a river walk on either side of Middle Creek; my clients understand that there is a need for people to access the Medical Center, but do not believe that the general public is going to see this as a convenient access point, and also believe that individuals staying at Vail International or the future Fairmont Vail will not use the river walk. They do believe, however, that the public will continue use the pathway to the North of these buildings which runs down to the East end of the Dobson Ice Arena. Town of Vail Planning and Environmental Commission Page Two of Two December 1, 2008 Re: Vail International and Fairmont Vail Accordingly, my clients believe that a better access route would be on the East side of Fairmont Vail. The Medical Center already has parking at that end of its property and my clients believe that there is already a pedestrian easement in place. My clients also believe that that route should be chosen because it would provide a shorter access route and because it would cause less pedestrian traffic impact on the owners of condominiums at Vail International than would the Middle Creek proposal. Second, my clients are concerned with preserving the vegetation on the West side of Middle Creek; there are very old trees with a height of up to 40 or 50 feet which should be preserved because they are important to the stability of the river bank, and because they provide visual screening between the adjoining properties. My clients also believe that these trees provide significant shading and improve the water temperature characteristics of Middle Creek for the local trout population. Therefore, my clients do not wish to see the existing trees and other vegetation sacrificed to accommodate an access that will not work well for its intended users. Third, my clients are concerned about the grade of the proposed path and believe that it is not very friendly, and that it may not be ADA compliant, because it includes a ten percent grade. Fourth, while the Town does do a good job of maintaining the existing bike path behind Vail International, this pathway can become very icy from time to time. Therefore, my clients believe that the proposed pathway will sometimes be unsafe in the winter and that it should be heated, if it is to be constructed. Finally, my clients are concerned about the number of construction workers who will walk across their property, and anticipate that the approval of the developer's proposal will only make an existing problem worse, unless the river walk is moved to the East end of the Evergreen Lodge property. My clients do not wish to have to assume the additional inconvenience and liability attendant to having a large number of construction workers using their upper deck parking for access from the Lionshead Parking Structure to the Fairmont Vail project, and wish to ask the Commission to require the inclusion of a worker parking plan which will minimize this impact as a condition for the approval of this project. My clients do not oppose the redevelopment of the Evergreen Lodge, but naturally hope that their comments and concerns as long -time Vail residents will influence the Commissioners' decision. Thank you for your consideration of these concerns. Very truly yours, Brian E. O'Reilly xc: VICOA Rachel Friede - PROPOSED FAIRMONT VAIL PATHWAY mi From: To: Date: 12/02/2008 11:33 AM Subject: PROPOSED FAIRMONT VAIL PATHWAY CC: , Dear Ms. Friede, We are owners of Unit 202 in Vail Int'l. Recent notices have indicated that the developer of Fairmont Vail has been directed by the Town of Vail to provide a pathway from the frontage road to Meadow Dr. as part of their redevelopment on our side of Middle Creek. Surely, you have received a number of replies from other concerned VI owners by now but we will add our two cents. Vvny? What possible good would it be in the first place? Secondly, some consideration should be given to VI, a fellow member of the Vail community. Thirdly, common sense and a thorough examination of an idea must pre before making it an absolute requirement. We strongly feel the Town Board will fully review this idea and react appropriately. Thank you for your consideration, Mr. & Mrs. A. Pinard Unit 202 Owners Rachel Friede - Middle Creek access '40% From: gerald salinsky co: Date: 12/02/2008 11:47 AM ioubject: Middle Creek access ,C: Dear Ms Friede, ks a 22 year property owner at Vail International, former president of the owners' association and present board member, I urge the Planning and Environmental commission .o reconsider its position relative to the Middle Creek access proposal. Vail International has been a valued member of the Vail community for approximately 35 years, and many of its owners are original. Che present proposal would intrude on Vail International physically, esthetically, and unctionally. Furthermore, it would impact one of the natural features of the Vail Village Jionshead scenery(Middle Creek) for something that in the opinion of many would marginally used, and in questionable need. I is our position that if such an access is deemed really necessary, then locating it on the ;ast side of the Evergreen redevopment would eliminate the impact on esteemed leighbor ,provide a location that is more realistic to the proposed usage, an d destroy a latural setting. Very truly yours, Jerald B. Salinsky Dear Ms. Friede E,achel Friede - Evergreen Redevelopment From: "Mike Beddor" To: Date: 12/02/2008 4:51 PM iubject: Evergreen Redevelopment lello Rachel, Ay name is Michael Beddor and my wife and I own a condo at Vail International. )ur unit is on the east side of the complex thus we are near the Evergreen Complex. Ne were delighted to learn of the redevelopment into the Fairmont Vail hotel. lowever we would like to voice our concern over the proposed river walk that has been requested of the developer. We io not think it is a good idea to have such a walkway and that there must be a better solution. Ne, like many others believe there is better access on EAST SIDE OF THE FAIRMONT. (here are numerous reasons to reconsider the location of the walkway — I understand others have noted the reasons s( will not take your time repeating them. will say our unit would be on that is most affected by the decision due to our location and we felt you should be aware )f our concerns. Sincerely, Achael Beddor )nit 310 VI Phe information contained in this message is confidential. If you are intended recipient, dissemination or copying of this information is p Cf you have received this communication in error, please notify the s lelete the message from your system. Thank you. [Zachel Friede - Riverwalk proposal by Middle Creek and Vail International From: Heidi Hansen ro: Date: 12/03/2008 10:54 AM iubject: Riverwalk proposal by Middle Creek and Vail International " C • _o: Planning and Environmental Commission, Rachael Friede, Planner II -rom: Heidi Hansen, Co -Owner Unit #206, Vail International, 300 Lionshead Circle, Vail 40 Edgehill Avenue, Chatham, NJ 07928 973 - 635 -5092 )ate: 3 Dec 08 Re: River walk proposals next to Middle Creek and Vail International )ear Commissioners and Ms. Friede: understand that there are two proposed river walks, both on the West side of Middle Creek by Vail International; one is ramped ind one has stairs. I respectfully oppose these pathways as planned and suggest a pathway alternative to the East of the = vergreen, from the Medical Center parking. Ay concerns about the two proposed river walks on the West side of Middle Creek by Vail International include: =irst, such proposals are not a convenient route for Medical Staff to reach the South Frontage Road. As the Medical Center is a najor employer and its Staff could be a high user of a pathway, their needs should be a high concern. Despite the plowing that."W own of Vail provides, the path between Vail International and Dobson Arena does get icy. The proposed river walks would )resent a hazard for the Medical Staff getting to work. The planned route would be much longer than the shorter alternative ;uggested above. Stairs in the winter would add to the hazard. iecond, such proposals would not be a convenient route for shoppers or restaurant goers. Such sage would be limited. Vail nternational and Fairmont Vail residents would not use the proposed pathway. Egress from concerts at Dobson Arena to the Soutt =rontage Road would be more advantageously routed to the West, to the proposed parking ramp redevelopment with parking, estaurants, shops and hotel rooms. Stopped cars on the South Frontage Road to access the pathways would be a hazard. ;urrent bus stops should be utilized rather than adding additional bus stops. - hird, parents would not want to drop off (or pick up) a child destined for (from) Dobson Arena at a point on the South Frontage Road, where the parent could not see their child safely enter (leave) Dobson Arena. Often the gear bags of children are too heavy D tote such a distance, up hill, and with icy conditions. =ourth, the gradient or stairs of the proposed river walks do not provide the usual convenience of access in which the Town of Vail ightly takes such pride. The proposed pathways do not appear to be ADA compliant. Such proposals do not consider wheelchair iccess noting the stairs or the steepness of grade proposed. =ifth, the proposed river walks would require removal of vegetation including 40 -50 foot trees and bushes. These provide bank ;tability and an environment important to the protection of the trout habitat. In addition, the vegetation provides visual screening )etween Vail International and the Evergreen /Fairmont Vail. Sadly, Lionshead lacks trees with all the new construction of Arrabelle hus presenting a hard face. Trees soften the look of buildings. Each and every tree in Vail becomes more dear with the beetle nfestations in the pines on the mountain. iixth, I am concerned about the number of construction workers that will walk across the Vail International deck from the Lionshead larking Structure to the Fairmont Vail project. I respectfully request the Commissioners to require the inclusion of a worker parking )Ian that will minimize this impact as a condition for the approval of the Fairmont Vail project. - herefore, I respectfully request the Commissioners to redirect the proposed river walkways to the East of the Evergreen and to nclude a worker parking plan for the Fairmont Vail project. Rachel Friede - Vail International- Fairmont Hotel- Proposed River Walk From: "Jeffrey Weston" To: Date: 12/03/2008 11:46 AM Subject: Vail International- Fairmont Hotel- Proposed River Walk CC: "Sue Froeschle" , "Nancy Weston" Dear Ms. Friede: Please provide the Planning Commission with a copy of this "E-Mail Letter of Objection" in reference to the proposed River Walk in conjunction with the Fairmont Hotel Development. To: The Town of Vail Planning and Environmental Commission From: Jeffrey & Nancy Weston Owners of Unit 108 at Vail International Condominiums Re: Proposed River Walk- Fairmont Vail Hotel My wife and I would like to register our strong objections to the recently proposed river walk in conjunction with the Fairmont Hotel Development. We have seen the letter written by our association attorney and several other responses by other unit owners and fully agree with the objections raised. In lieu of restating those issues again in great detail, we would like to simply state that: (1) the proposed River Walk makes no sense for either side of the creek based on concerns regarding the environment, gradients, ADA compliance, realistic contemplated use, better alternative access paths and general common sense; and, (2) if there was going to be a River Walk, it should only be considered for the East end of the Evergreen Lodge property and not on the Vail International Side. The subject river (stream) is a natural divide between Evergreen and Vail International. If the Commission insists on a River Walk in conjunction with the Fairmont Hotel project on the Evergreen site, it is only logical and fair that it be located on that side of the stream and not on the Vail International side. We are sure that if the situation were reversed, the Evergreen property owners would be incensed at any proposal to put a River Walk on their side of the stream in conjunction with a Vail International Development. If the Commission elects to still proceed with a River Walk on the Vail International side of the stream, then I am totally in favor c n appeal by our Vail International attorneys to continue to c, est this project to the fullest extent permitted by law. Hopefully, that will not be necessary. Thank you for your consideration. Jeffrey & Nancy Weston Owners, Unit 108 Vail International Condominiums Rachel Friede - Evergreen /Fairmont pathway From: To: Date: 12/03/2008 12:03 PM Subject: Evergreen /Fairmont pathway CC: Hello Rachael Frieder We are original owners of a condo at Vail International (33 years). We strongly object to having a pathway constructed on the west side of Middle Creek leading from Frontage Road to Meadow Drive. It is obvious that the persons who will vote on this proposal have not walked the area. It would then become obvious to them how ridiculous and outrageous their positive vote would be. This walkway would be a complete waste of money because no one would use it. Besides it is steep and unsafe for wheelchairs and the disabled. It does make sense to spend the funds wisely on a pathway from Frontage Road to the hospital on the East side of the Evergreen /Fairmont Vail project. Then hospital employees and others would have a shorter, less steep and safer access to Frontage Road from their area of employment. F & G Barnes, LLC Gay D. Barnes, Manager Vail International Unit 201 Make your life easier with all your friends, email, and favorite sites in one place. Try it now PE(:- (:)� 00 1 7 , Conditional Use Permit Application for Review by the Planning and Environmental Commission TOWN i � {',, Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ❑ Rezoning $1300 ❑ Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ zoning Code Amendment $1300 ❑ Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request: A conditional use permit for Fairmont Vail Location of the Proposal: Lot: 2 Block: 1 Subdivision: __Vail Lionshead Filing 2 Physical Address: 250 S Frontage Rd W Vail, CO 81657 Parcel No.: 2101 - 064 -01 -020 (Contact Eagle Co. Assessor at 970 -328 -8640 for parcel no.) Zoning: _ Lionshead Mixed Use 1 (LMUr.) Name(s) of Owner(s): HCT Development Mailing Phone: Owner( Name o Mailing Address: _80 South 8th Street IDS Center Suite 1275 MinegRglis, „Jy „ 55402 Phone: (612) 332 -1500 E -mail Address: tbrink semperdey.com Fax (61 332 -2428 For Office Use Only: Fee Paid: Check No.: By: Meeting Date: PEC No.: 080072 Planner Rachel Friede _ Project No.: _® X08 0200 C:\Documents and Settings \tbrink\Local Settings \Temporary Internet Files \OLK140 \081117 - FV Conditional Use Permit.doc Page 1 of 5 1/4/06 t Ra�� I k7in- Conditional Use Permit Submittal Requirements A conditional use permit is required for any use classified as being "conditional" in any of the Town's zone districts. All applications for conditional use permits are reviewed by the Planning and Environmental Commission. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. ❑ Fee: $650.00 There is no fee required for conditional use permits for Employee Housing Units (EHU's), however, Design Review fees are required.. 0 Stamped, addressed envelopes and a list of the property owners adjacent to the subject property, including properties behind and across streets. The list of property owners shall include the owners' name(s), corresponding mailing address, and the physical address and legal description of the property owned by each. The applicant is responsible for correct names and mailing addresses. This information is available from the Eagle County Assessor's office. ❑ Title Report, including Schedules A & B. Ll Written approval from a condominium association, landlord, and joint owner, if applicable. ® A written statement addressing the following: a. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. b. The relationship and impact of the use on development objectives of the Town. c. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parrs and recreation facilities, and other public facilities and public facilities needs. d. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. e. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. ❑ Existing and Proposed Site and Grading Plans (Four complete sets of plans). ❑ Existing and Proposed Architectural Elevations (Four complete sets of plans). ❑ Existing and Proposed Architectural Floor Plans (Four complete sets of plans). ❑ All plans must also be submitted in &S" x 11" reduced format. These are required for the Planning and Environmental Commission members' information packets. ❑ Additional Material: The Administrator and/or PEC may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. I have read and understand the above listed submittal requirements: Project Na Applicant bate Signea: JL/NUVUIi CADocuments and Settings \tbrink\Locai Settings \Temporary Internet FileskOLK140 \081117 - FV Conditional Use Permit.doc Page 3 of 6 114106 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement Statement Number: R080002210 Amount: $650.00 11/17/200804:53 PM Payment Method: Check Init: RLF Notation: 3425 EVERGREEN LODGE AT VAIL ----------------------------------------------------------------------------- Permit No: PEC080072 Type: PEC - Conditional Use Parcel No: 2101 - 064 - 0102 -0 Site Address: 250 S FRONTAGE RD WEST VAIL Location: Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 FEB -18 -2009 11:42 FROM:ROBERT C KENNEY PC (970)949 -1015 TO:4792452 P.2 JOINT PROPERTY OWNER TO�' WRITTEN APPROVAL LETTER I, (print name) Vail Inn, Inc., a joint owner of properly located at Evergreen Lodge, 250 S. Frontage Road, Vail, Colorado, provide this letter as written approval of the plans dated yf' a.0 - 04) which have been submitted to the Town of Vail Community Development Department for the proposed Improvements to be completed at the address noted above. I understand that the proposed improvements include: Demolition of existing structure and construction of new mixed use structure. VAIL INN, INC. By: (Signature) (Date) �- Additionally, please check the statement below which is most applicable to you: X I understand that minor modiflMons may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. (Initl�) O I request that all modifications, minor or otherwise, which are made to the plans over the course of the review process, be brought to my altentlon by the applicant for additional approval before undergoing further review by the Town. (Initial here) joint properry owner letter rerised 11)1181 006 & FEB -18 -2009 11:41 FROM:ROBERT C KENNEY PC (970)949 -1015 TO:4792452 P.1 ROBERT C. KENNEY, P.C. CERTIFIED PUBLIC ACCOUNTANTS ROBERT C. KENNEY, CPA JENNIFER C. BOGGS, CPA TELEPHONE (970) 949 -1015 FAX (970) 949 -1059 40780 HIGHWAY 6, SUITE 205 P.O. BOX 1835 VAIL, CO 81658 FACSIMILE TRANSMITTAL Pagel of Date: Fax # 7-),, D U � 47-?- a-4: 5" Z— Phone # Message or Comments: Land Title Guarantee Com CG C �Ij Y [E CUSTOMER DISTRIBUTION rd-ride NOV 21 1008 CUARANTEE COMPANY Date: 11 -13 -2008 Our 1 Property Address: 250 SOUTH FRONTAGE ROAD WEST / VAIL LIONSHEAD FIL 2, BLK 1, LOT 2 VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below. For Title Assistance: Vail Title Dept. Laureen Blickenstaff 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 Entail: llickenstaff @ltgc.com PEAK LAND CONSULTANTS 1000 LIONS RIDGE LOOP SUITE 313 VAIL, CO 81657 Attn: JOHN FEE Phone: 970 - 476 -8644 Fax: 970 - 476 -8616 Copies: 1 EMail: john @peakland.net Linked Commitment Delivery Land Title Guarantee Company Date: 11 -13 -2008 rd-ritle Our Order Number: V50021930.1 GUARANTEE COMPANY Property Address: 250 SOUTH FRONTAGE ROAD WEST / VAIL LIONSHEAD FIL 2, BLK 1, LOT 2 VAIL, CO 81657 Buyer /Borrower: Seller /Owner: HCT DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY Need . a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to anv or our A office iocatfons. ESTIMATE OF TITLE FEES ALTA Owners Policy 06 -17 -06 $250.00 If Land Title Guarantee Company vill be closing this transaction, above fees vill be collected at that time. TOTAL $250.00 1 So= CONTACT 06/04 THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50021930.1 Schedule A Cust. Ref.: Property Address: 250 SOUTH FRONTAGE ROAD WEST / VAIL LIONSHEAD FIL 2, BLK 1, LOT 2 VAIL, CO 81657 1. Effective Date: October 29, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06 -17 -06 Proposed Insured: $250.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HCT DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: V50021930.1 LEGAL DESCRIPTION LOT 2, BLOCK 1, VAIL /LIONSHEAD SECOND FILING, ACCORDING TO THE PLAT RECORDED OCTOBER 15, 1971 IN BOOK 221 AT PAGE 990, AT RECEPTION NO. 117680, COUNTY OF EAGLE, STATE OF COLORADO. EXCEPT CONDOMINIUM UNITS 5 -A, 5 -B, 5 -C, 5 -D, 5 -E, 6 -A, 6 -B, 6 -C, 6 -D, 6 -E, 6 -F, 6 -G, 6 -H, 6 -I, 6 -J, 7 -A, 7 -B, 7 -C, 7 -D TOGETHER WITH ALL PORTIONS OF COMMON ELEMENTS OWNED BY THE OWNERS OF VAIL INN CONDOMINIUMS (FORMERLY TALBLICK CONDOMINIUMS) ACCORDING TO THE MAP RECORDED MAY 29, 1974 IN BOOK 234 AT PAGE 872 AND THE FIRST AMENDMENT RECORDED NOVEMBER 15, 1977 IN BOOK 262 AT PAGE 327, AND THE SECOND AMENDMENT RECORDED FEBRUARY 18, 1988 IN BOOK 479 AT PAGE 155, AND IN ACCORDANCE WITH THE CONDOMINIUM DECLARATION OF VAIL INN CONDOMINIUMS RECORDED MAY 29, 1974 IN BOOK 234 AT PAGE 871, AND FIRST AMENDMENT TO SAID DECLARATION RECORDED AUGUST 6, 1974 IN BOOK 235 AT PAGE 941 AND SECOND AMENDMENT TO SAID DECLARATION RECORDED NOVEMBER 15, 1977 IN BOOK 262 AT PAGE 327, AND THIRD AMENDMENT THERETO RECORDED FEBRUARY 18, 1988 IN BOOK 479 AT PAGE 154. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50021930.1 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. CERTIFICATE OF RIGHT OF FIRST REFUSAL IN COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF HOTEL MANAGEMENT AGREEMENT. 2. FURNISH TO LAND TITLE GUARANTEE COMPANY THOSE SECTIONS OF THE OPERATING AGREEMENT FOR HCT DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. LAND TITLE GUARANTEE COMPANY HAS RECEIVED AN IMPROVEMENT LOCATION CERTIFICATE /SURVEY FOR THE SUBJECT PROPERTY PREPARED BY PEAK LAND CONSULTANTS, INC., JOB NO. 1465, DATED SEPTEMBER 21, 2006, THAT IS ACCEPTABLE TO THE COMPANY. * ** IN ADDITION, A SURVEY AFFIDAVIT, EXECUTED BY HCT DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY, IS NECESSARY INDICATING THAT THERE HAVE BEEN NO NEW IMPROVEMENTS, EASEMENTS OR BOUNDARY CHANGES SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE /SURVEY AND THAT THE IMPROVEMENTS SHOWN ON SAID IMPROVEMENT LOCATION CERTIFICATE /SURVEY HAVE NOT BEEN ALTERED SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE. * ** RELEASE OF DEED OF TRUST DATED NOVEMBER 06, 2006 FROM HCT DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF DOUGHERTY FUNDING LLC TO SECURE THE SUM OF $22,200,000.00 RECORDED NOVEMBER 13, 2006, UNDER RECEPTION NO. 200630884, AND AMENDED MAY 14, 2008 UNDER RECEPTION NO. 200810147. SAID MORTGAGE WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED NOVEMBER ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50021930.1 Continued: 13, 2006, UNDER RECEPTION NO. 200630885. 5. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 6. WARRANTY DEED FROM HCT DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY TO CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1 -3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF HCT DEVELOPMENT, LLC, A MINNESOTA LIMITED LIABILITY COMPANY. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF TAXES AND ASSESSMENTS, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR ALL YEAR AND SUBSEQUENT YEARS. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50021930.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48, AT PAGE 503 AND RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AND EASEMENTS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1971, IN BOOK ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50021930.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 221 AT PAGE 989. 11. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS WHICH ARE A BURDEN TO THE PROPERTY DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MAY 29, 1974 IN BOOK 234 AT PAGE 871 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 6, 1974 IN BOOK 235 AT PAGE 941 AND AS AMENDED IN INSTRUMENT RECORDED NOVEMBER 15, 1977, IN BOOK 262 AT PAGE 327, AND THIRD AMENDMENT THERETO RECORDED FEBRUARY 18, 1988 IN BOOK 479 AT PAGE 154, FINDINGS OF ARBITRATOR IN CONNECTION THEREWITH RECORDED JANUARY 11, 1994 IN BOOK 629 AT PAGE 726. 12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED CONDOMINIUM MAP OF VAIL INN CONDOMINIUM, FORMERLY TALBLICK CONDOMINIUMS RECORDED MAY 29, 1974 IN BOOK 234 AT PAGE 872 AND FIRST AMENDMENT RECORDED NOVEMBER 15, 1977 IN BOOK 262 AT PAGE 327 AND SECOND AMENDMENT RECORDED FEBRUARY 18, 1988 IN BOOK 479 AT PAGE 155. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT RECORDED JUNE 30, 1989 IN BOOK 509 AT PAGE 326 AND EASEMENT RECORDED JUNE 30, 1989 IN BOOK 509 AT PAGE 327. 14. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT BETWEEN COMCAST OF COLORADO VI, LLC A/K /A COMCAST AND EVERGREEN LODGE AT VAIL, LTD RECORDED APRIL 14, 2006 AT RECEPTION NO. 200609607. 15. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 14, 2006 AT RECEPTION NO. 200609613. 16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL /LIONSHEAD SECOND FILING RECORDED OCTOBER 15, 1971 IN BOOK 221 AT PAGE 990. 17. THE ENCROACHMENT OF PARKING SPACES ONTO THE 20.0' PEDESTRIAN AND UTILITY ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50021930.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: EASEMENT AND ONTO THE 30.0' UTILITY EASEMENT DEDICATED ON THE PLAT OF VAIL/LIONSHEAD, SECOND FILING AS SHOWN ON ALTA /ACSM SURVEY PREPARED BY PEAK LAND CONSULTANTS, INC., DATED APRIL 2005, JOB #1465 AND UPDATED SEPTEMBER 21, 2006/ 18. THE ENCROACHMENT OF A CONCRETE WALL ONTO THE 30.0' UTILITY EASEMENT DEDICATED ON THE PLAT OF VAIL /LIONSHEAD, SECOND FILING, AS SHOWN ON ALTA/ACSM SURVEY PREPARED BY PEAK LAND CONSULTANTS, INC., DATED APRIL 2005, JOB #1465 AND UPDATED SEPTEMBER 21, 2006. 19. THE EFFECT OF WOOD FENCE NOT WITHIN SUBJECT PROPERTY AS SHOWN ON ALTA/ACSM PREPARED BY PEAK LAND CONSULTANTS, INC., DATED APRIL 2005, JOB #1465 AND UPDATED SEPTEMBER 21, 2006. 20. THE ENCROACHMENT OF A WOODEN WALL AND CONCRETE WALL WITHIN STREAM SETBACK AS SHOWN ON ALTA/ACSM SURVEY PREPARED BY PEAK LAND CONSULTANTS, INC., DATED APRIL 2005, JOB #1465 AND UPDATED SEPTEMBER 21, 2006. 21. THE ENCROACHMENT OF THE BUILDING LOCATED ON SAID LAND INTO THE 20.0' PEDESTRIAN AND UTILITY EASEMENT DEDICATED ON THE PLAT OF VAIL/LIONSHEAD SECOND FILING, AS SHOWN ON ALTA /ACSM SURVEY PREPARED BY PEAK LAND CONSULTANTS, INC., DATED APRIL 2005, JOB #1465 AND UPDATED SEPTEMBER 21, 2006. 22. THE ENCROACHMENT OF TEN PARKING SPACES INTO THE PUBLIC RIGHT -OF -WAY OF SOUTH FRONTAGE ROAD, AS SHOWN ON ALTA/ACSM SURVEY PREPARED BY PEAK LAND CONSULTANTS, INC., DATED APRIL 2005, JOB #1465 AND UPDATED SEPTEMBER 21, 2006. 23. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF HOTEL MANAGEMENT AGREEMENT RECORDED SEPTEMBER 18, 2008 AT RECEPTION NO. 200820180. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50021930.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company July 1, 2001 We recognize and res ect the privacy expectations of today's consumers and the reqquirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non- pubi'ic personal information ( "Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition we will disclose your Personal Information when you direct or give us permission, when we are required by law to ao so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies /Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CIII NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, DB /A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b /a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non - public personal information ( "Personal Information "). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 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