HomeMy WebLinkAboutPEC050059 �/'� 1� � � ��q �--
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Planning and Environmental Commission
ACTION FORM
Department of Community Development
TOWN OF VAIL 75 South Frontage Road,Vail, Colorado 81657
te1: 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us .
Project Name: FOUR SEASONS MA]OR AMEND PEC Number: PEC050059
Project Description:
FINAL APPROVAL FOR THE MODIFICATION OF A NEW SPECIAL DEVELOPMENT DISTRICT IN
ORDER TOACCOMODATE A NEW MIXED-USE, HOTEL PROJECT.
Participants:
OWNER VAIL DEVELOPMENT LLC 07/22/2005
50 S SIXTH ST STE 1480
MINNEAPOLIS
MN 55402
APPLICANT VAIL DEVELOPMENT LLC 07/22/2005
50 S SIXTH ST STE 1480
MINNEAPOLIS
MN 55402
Project Address: 13 VAIL RD VAIL Location: 13 VAIL ROAD
Legal Description: Lot: 9-A Block: Subdivision: VAIL VILLAGE FILING 2
Parcel Number: 2101-071-0101-6
Comments: see conditions
BOARD/STAFF ACTION
Motion By: Kjesbo Action: APPROVED
Second By: ]ewitt
Vote: 6-0-1 (Lamb recused) Date of Approval: 08/02/2005
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: CON0007427
. 27 conditions as read into the record and as listed on the 8/08/05 PEC agenda.
Planner: Matt Gennett PEC Fee Paid: $6,000.00
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, ��
Application for Review by the
Planning and Environmental Commission
TV VV1V QF VAIL Department of Community Development
75 South Frontage Road,Vail, Colorado 81657
te1: 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us
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
❑ F�cemption 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
X Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300
❑ Major Amendment to an SDD $1250 ❑ Variance $500
(no exte�iormodifications) ❑ Sign Variance $200
Description of the Request: The modification of a new special development district in order to
accommodate a new mixed-use, hotel project.
Location of the Proposal: Lot: C Block: N A Subdivision: Vail Village Filing 2;
Lot: A Block: � Subdivision: Vail Village Filing 2
Physical Address: 13 Vail Road; 28 South Frontage Road
Parcel No.: 210107101016; 210107101019
Zoning: Special Development District
Name(s) of Owner(s): Vail Development, LLC �
Mailing Address: 600 Foshay Tower, 821 Marquette Avenue, Minneapolis, Minnesota 55402
Phone: (612) 332-1500, m (612) 840-1600
Owner(s) Signature(s)cT�. � (?IM�'t�Y � �F-� �oNA►g $R�Iti11�-�
Name of Applicant: Vail Development, LLC,Thomas J. Brink
Mailing Address: 600 Foshay Tower, 821 Marquette Avenue, Minneapolis, Minnesota 55402
Phone: �612) 332-1500; m (612 840-1600
E-mail Address: tj@brinklaw.com Fax(612) 332-2428
For Office e Only: � � �r
Fee Paid: ��d eck No.: Q� �3 By: C�lG t�t "'�'�-
Application Date: ' -O� PEC No.:
Planner: Project No.:
.�
MEMORANDUM �I / v�e
TO: Vail Town Council
FROM: Community Development Department
DATE: January 3, 2006
SUBJECT: A request for a second reading of Ordinance No. 20, Series of 2005, an ordinance
repealing and re-enacting Ordinance No. 9, Series of 2003, providing for the major
amendment of Special Development District No. 36, Four Seasons Resort, and
amending the Approved Development Plan for Special Development District No.36,
in accordance with Section 12-9A-10,Vail Town Code,to allow for a reduction in the
total number of dwelling units,fractional fee club units, and employee housing units
in the resort;and an increase in the number of accommodation units; located at 28
S. Frontage Road and 13 Vail Road/Lots 9A& 9C, Vail Village Filing 2,and setting
forth details in regard thereto.
Applicant: Vail Development, LLC, represented byZehren &Associates
Planner: Matt Gennett
I. SUMMARY
The applicant,Vail Development LLC, is proposing to amend Special Development District
(SDD) No. 36, Four Seasons Resort, to better facilitate the creation of the Four Seasons
Resort, located at 28 South Frontage Road and 13 Vail Road Lots 9A& 9C, Vail Village
Filing 2. Staff recommends the Vail Town Council approves Ordinance No. 20, Series of
2005, on second reading, with the conditions specified in Section VII of this staff
memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant,Vail Development, LLC, represented byZehren&Associates, has submitted
a revised development plan for Special Development District No. 36 to the Town of Vail
Community Development Department. The requested modifications to the approved
development plan include the following changes:a reduction in the total number of dwelling
units, employee housing units, and fractional fee club units in the hotel; and an increase in
the number of accommodation units. The reason this application must go through the Major
Amendment process to a Special Development District,as opposed to a MinorAmendment
to a Special Development District, is due to the overall change in the total number of
dwelling units, fractional fee units, and accommodation units.
Maior Amendment to Sqecial Development District No. 36
The Four Seasons Resort is requesting a major amendment to Special Development District
No. 36, pursuant to Section 12-9A-10, Vail Town Code. The review criteria for a major
amendment to a Special Development District are contained in Section VII of this
memorandum. According to Section 12-9A-1, Purpose, Vail Town Code, the purpose of a
Special Development District is, in part:
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The purpose of the Special Development District is to encourage flexibility and
creativity in the development ofland in order to promote its most appropriate use;fo
improve the design character and quality of the new development with the Town;fo
facilitate the adequate and economical provision of streets and utilities;to preserve
the natural and scenic features ofopen space areas;and to furtherthe overall goa/s
of the community as stated in the Vail Corrprehensive Plan.
III. BACKGROUND
The Town of Vail legal files contain limited information regarding the original Chateau at Vail.
The files do not contain information regarding the original construction of the hotel.
According to the files,the demolished hotel contained 120 accommodation units,each one
approximately 280 square feet in area which added up to a total of 33,660 square feet of
gross floor area. According to the files, development activity on the site to date has been
limited to minor alterations and remodels.
On July 10, 2001, the Vail Town Council approved Ordinance No 14, Series of 2001.
Ordinance No. 14, Series of 2001, adopted a development plan for the establishment of
Special Development District No. 36,Vail Plaza Hotel West,on the existing Chateau at Vail
site. Ordinance No. 14, Series of 2001, approved a development plan for the special
development district which included 15 dwelling units, 116 accommodation units, 40
fractional fee club units, and 14 Type II I employee housing units. The approved deviations
from development standards of the underlying zoning included an increase from both the
maximum allowable height and ma�amum allowable site coverage standards.
On October 7, 2003, the Vail Town Council approved Ordinances No. 9 and No. 10, Series
of 2003. Ordinances No. 9 and 10 adopted an amended development plan for Special
Development District No. 36, Four Seasons Resort and rezoned a portion of the
development site to the Public Accommodatiom m�e district. The amended development
plan allows for the construction of a mixed use hotel development to include 18 dwelling
units, 118 accommodation units, 22 fractional fee club units, and 34 Type III employee
housing units.
On August 8, 2005, the Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council of an amendment to the Approved
Development Plan for Special Development District No. 36, Four Seasons Resort. The key
elements of the modifications included with the amended Approved Development
Plan are as follows: the total number of proposed Dwelling Units is reduced from
eighteen (18)to sixteen (16); the total number of proposed Accommodation Units is
increased from one hundred eighteen(118)to one hundred twenty-two(122);the total
number of proposed Fractional Fee Club Units is decreased from twenty-two(22)to
nineteen (19); and the total number of Type 111 Employee Housing Units is decreased
from thirty-four(34)to twenty-eight(28). The reason forthe decrease in the number of
employee housing units is due to an overall reduction in retail space. (Attachment B).
On December 20,2005,the Vail Town Council approved on second reading Ordinance No.
20, Series of 2005.
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IV. APPLICABLE PLANNING DOCUMENTS
Vaii Land Use Plan
The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The
plan is intended to serve as a basis from which future decisions may be made regarding
land use within the valley. The primary focus of the Vail Land Use Plan is to address the
long-term needs and desires of the Town as it matures. The Town of Vail has evolved from
a small ski resort founded in 1962 with approximately 190,000 annual skier visits and
virtually no permanent residents to a communitywith 4,500 permanent residents. The Town
is faced with the challenge of creatively accommodating the increase in permanentT
residency as well as the increase in skier visits,while preserving the important qualities that
have made the Town of Vail successful. This is a considerable challenge,given the fact that
land within the Valley is a well-defined finite resource, with much of the land already
developed at this juncture. The Vail Land Use Plan was undertaken with the goal of
addressing this challenge in mind.
.....��
� The goals articulated in the plan reflect the desires of Vail's citizenry. The goal statements
that were developed reflect a general consensus of the comments shared at public
meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's
adopted policy guidelines in the review process for new development proposals. Staff has
reviewed the Vail Land Use Plan and believes the following policies are relevant to the
review of this proposal:
1.0 General Growth/Development
1.1 Vail should continue to growin a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the perrr�nent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.4 The original theme of the old Village Core should be carried info new
developmentin the Village Core through continued implementation of
the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in ekisting
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
2.2 The ski area owner, the business community and the Town/eaders
should work together closely to make existing facilities and the Town
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function more efficiently.
2.3 The ski area owner, the business community and the Town leaders
should work togefher to improve facilities for day skiers.
2.4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
3.0 Commercial
3.1 The hotel bed base should be preserved and used rrbre efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serve the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condo►riniums should be discouraged.
3.4 Commercial growfh should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.0 Village Core/Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial deve%pment in the
Core areas needs to be carefully controlled to facilitate access and
delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing characterofeach area is preserved thorough implementation
of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
4.4 The connection between fhe Village Core and Lionshead should be
enhanced through:
a. Installation of a new type of people mover
b. lmproving the pedestrian system with a creatively designed
connection, oriented toward a nature walk, alpine garden, and/or
sculpture plaza.
c. New development should be controlled to lirrrt commercial uses.
5.0 Residential
5.1 Additional residential growfh should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exisf.
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5.2 Quality time-share units should be accommodated to help keep
occupancy rates up.
5.3 Affordable employee housing should be made available through
private efforts,assisted by limited incentives,provided by the Town of
Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace demands
for a full range of housing fypes.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
According to the Vail Land Use Plan map,the proposed development site is located with the
"ResortAccommodations and Service (RAS)"and "Transition (T)"land use designations.
The assigned land use designations are defined as follows,
Resort Accommodations and Service
This area includes activities aimed at accommodating the overnight and short term
visitor to the area. Primary uses include hotels,lodges, service stations,and parking
structures (with densities up to 25 dwelling units or 50 accommodation units per
buildable acre). These areas are oriented toward vehicular access from I-70, with
other support commercial and business services included. A/so allowed in this
category, wnuld be institufional uses and various m�unicipal uses.
Transition
The transition designation applies to the area between Lionshead and the Vail
Village. The activities and site design of this area is aimed at encouraging
pedestrian flow through the area and strengthening the connection between the two
commercial cores. Appropriate activities include hotels, lodging, and other tourist
oriented residential units, ancillary retail and restaurant uses, museums, areas of
public art, nature exhibits, gardens, pedestrian p/azas, and other types of civic and
culturally oriented uses, and the adjacent properties to the north. This designation
would include the right-of-way of West Meadow Drive and the adjacent properties to
the north.
Town of Vail Streetscape Master Plan
The Town of Vail is in the process of preparing a revision to the adopted Town of Vail
Streetscape Master Plan. The original Streetscape Master Plan is an outgrowth of the Vail
Village Urban Design Guide Plan. The Urban Design Guide Plan was created in 1982 to
provide guidance to the overall physical development for the Village. In addition to providing
broad design guidelines, the Guide Plan suggested specific physical improvements for the
Village such as new plazas, new landscape area, etc. Along with the construction of these
public improvements included proposals to complete numerous private sector
improvements. lmprovements such as building additions, outdoor deck expansions, and
fa�ade improvements. The Streetscape Master Plan was written in part to provide clear
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design direction for coordinated public/private improvements. According to the Master Plan,
the purpose of the plan is to provide a comprehensive and coordinated conceptual design
for streetscape improv�ements that:
1. is supported by the community,
2. enriches the aesthetic appearance of the Town; and
3. emphasizes the importance of craftsmanship and creative design in order to
create an excellent pedestrian experience.
The Town of Vail Streetscape Master Plan states, in part,the following with regards to West
Meadow Drive:
"West Meadow Drive is heavily used by pedestrians. lt is the primary pedestrian
route between Vail Village and Lionshead Mall. Currently,most pedestrians walk in
the street;however, a small number use the narrow(5 ft. wide)concrete sidewalk on
the north side bordering the hospital. There appears to be no preference by the
pedestrians for one side of the street over the other, except at the east end, where
most of the pedestrians cross Vail Road on the north side of the intersections. The
preliminary concepts for West Meadow Drive focused on defining the existing
pedestrian circulation patterns. This need to define the pedestrian circulation system
led to the development of the following preliminary concepts:
• Use different paving treatments to create in-street pedestrian paths at the
roadway level. This concept builds on the idea that part of the charm and fun of
Vail is the ability to walk in the street. A street-level walk system is easier to
maintain, but it was felt that the high volume of cars, buses and trucks using
West Meadow Drive would create street-level pedestrian paths that would
appear to create an even wider road without providing pedestrian safety.
• To construct sidewalks of equal width on both sides of the street. Since this is
the pattern thatmost people are familiar with, it would be user friendly,but would
result in relatively narrow walkways and increased pedestrians walking behind
parked cars. In addition, it was felt that this system would do little to break up the
monotony of the street.
PREFERRED STREETSCAPE PLAN
The concept that received the broadest public support was to create a primary
pedestrian path(10'— 12'wide)on one side of the street and a smaller sidewalk(5'
wide)on the other. The primary pedestrian path crosses from the north to the south
side and then back again, to avoid the head-in parking. Curb and gutter v�ould be
used to define the sfreet which has been narrowed to the minimum width of 26;
curb-to-curb."
V. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Government General Use
South: Residential Two-Family Residential
High Density Multiple-Family Residential
East: Mixed Use Special Development District No. 21
Commercial Public Accommodation
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West: Residential High Density Multiple Family Residential
VI. ZONING ANALYSIS
Please see Attachment B
VII. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town Council
approves Ordinance No. 20, Series of 2005, on second reading, with the findings and
conditions specified in this section of the staff memorandum.
<� '-:, . Should the Town Council choose.to approve Ordinance No. 20, Series of 2005,an.Se:c�.r�c��.'"���:��.��<.
r' `�-' reading, staff recommends that the tollowing findings be made as part of the motion:° ` = ��' �• •
1. That the proposed major amendment to Special Development District No. 36 complies
with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code.
Furthermore, the applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented during the public hearing, that any
adverse effects of the requested deviations from the development standards of the
underlying zoning are outweighed by the public benefits provided. Lastly, the
Commission finds that the request is consistent with the development goals and
objectives of the Town.
2. With regards to proposed building setbacks, that:
a. Proposed building setbacks provide necessary separation befinreen buildings and
riparian areas, geologically sensitive areas and other environmentally sensitive
areas.
b. Proposed building setbacks complywitfi applicable elements of the Vail Village
Urban Design Guide Plan and Design Considerations.
c. Proposed building setbacks will provide adequate availability of light, air and
open space.
d. Proposed building setbacks will provide a compatible relationship with buildings
and uses on adjacent properties.
e. Proposed building setbacks will result in creative design solutions or other public
benefits that could not otherwise be achieved by conformance with prescribed
setback standards.
3. That proposed site coverage is in conformance with applicable elements of the Vail
Village Urban Design Guide Plan and Design Considerations.
4. That proposed gross residential floor area is in conformance with applicable elements of
the Vail Village Urban Design Guide Plan and Design Considerations.
5. That the development is in compliance with the purposes of the Public Accommodation
zone district,that the proposal is consistent with applicable elements of the Vail Village
Master Plan, the Vail village Urban Design Guide Plan and the Vail Streetscape Master
Plan, and that the proposal does not otherwise have a significant negative effect on the
character of the neighborhood, and that the proposal substantially complies with other
applicable elements of the Vail Comprehensive Plan.
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Staff's recommendations include the following conditions (carried over from the previous
approvals):
1. The Developer shall address the following conditions of approval prior to making
application for a building permit for the Four Seasons Resort:
o The developer shall submit a final exterior building materials list, a typical wall
section and complete color renderings for review and approval of the Design Review
Board.
o The developer shall complywith all fire department staging and access requirements
, _ _ pursuant to Title 14, Development Standards, Vail Town Code. This will be .... ..
demonstrated on a set of revised plans for Town review and approvaL ~� t
o The developer shall coordinate the relocation of the existing electric transformers on
.- ,. the propertywith local utility providers. The revised location of the transformers shall �. .
be part of the final landscape plan to be submitted for review and approval by the
Design Review Board.
o The developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the
Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail
Road and then south to the 9 Vail Road property line. All work related to providing
these improvements including lighting, retaining, utility relocation, curb and gutter,
drainage and landscaping shatl be included. A plan shall be submitted for review
and approval by the Town and the Design Review Board.
o The developer shall submit a full site grading and drainage plan for review and
approval by the Town and the Design Review Board.The drainage plan will need to
be substantiated by a drainage report provided by a Colorado professional Engineer,
include all drainage, roof drains, landscape drains etc., and how they will connect
with the TOV storm system. The developer shall submit all final civil plans and final
drainage report to the Town for civil approval by the Department of Public Works.
o The developer shall provide detailed civil plans, profiles,details, limits of disturbance
and construction fence for review and civil approval by the Department of Public
Works.
o The developer shall be responsible for all work related to providing landscaping and
lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the
medians shall be provided for review and approval by the Design Review Board.
o The developer shall provide additional survey information of the south side of the
Frontage Road to show existing trees to be removed and additional survey in front of
the Scorpio building in order to show accurate grades for the construction of the path
from the Four Seasons to the bus stop at West Star bank. Final design shall be
reviewed and approved by the Town and the Design Review Board.
o The developer is responsible for 100% of final design improvements along West
Meadow Drive from the centerline of the road back to the Four Seasons property line
from Mayors' park to western most property line of the Four Seasons, including any
a
drainage and grade tie-ins beyond the west property line. This includes all
improvements, including, drainage, lighting, art, streetscape enhancements, edge
treatments, curbs, heated walks, etc. Final plans shall match and be coordinated
with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall
be provided for review and approval by the Design Review Board.
o The developer shall incorporate public art into the development,and shall coordinate
all art proposals with the Art in Public Places Board, subject to review and approval
by the Design Review Board.
o The developer shall resolve all of the following design-related issues for final Design
Review Board review and approval:
o Proposed hydrant relocation at the NW corner of the property shall be �
graded to be level with the propos�d sidewalk and landscaping will be
located as to not interfere with the operation of the hydrant.
- o The cross-slope on the West Meadow Drive walk shall maintain a max.2.0%
� cross slope that is sloped towards the road.
o The boulder walls and grading at the SE corner of the property shall be
modified as to not impact the e�asting 2-36" CMP's.
o The foundation wall at the SE corner of the parking structure shall be
modified to accommodate the e�asting Spraddle Creek vault.
o The proposed Spraddle Creek vault and concrete box culvert shall be
modified to work with the e�asting phone vault.
o All known existing utilities shall be shown on a plan with the proposed
drainage and utilities in order to clarify potential conflicts.
o The proposed walk that meets the frontage road walk at the eastern portion
of the property shall be realigned slightly to the west to avoid the existing
inlet.
o Fire staging turning mov�ements shall be show on plans.
o Retaining walls west of the loading and delivery access drive shall be
curved/angled in order to "bench" access dri�e wall.
o Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as
185.5?(Typo)
o Railings shall be provided for paths where necessary
o Show edge of existing pavement for Frontage road on civil plans and show
match point.
o Erosion control plan shall be updated.
o Show grading around proposed electric vault.
o Show driveway grades, spot elevations on civil plans.
o Show additional TOW/BOW elevations on pool walls.
o The Developer shall coordinate with the Town to provide a bus stop at the pedestrian
sidewalk connection to West Meadow Drive. This design shall be submitted to the
Town of Vail for review and approval by the Town and the Design Review Board.
2. The Developer shall address the following conditions of approval prior to the issuance
of a building permit:
o The developer shall submit a rooftop mechanical equipment plan for review and
approval by the Design Review Board. All rooftop mechanical equipment shall be
9
incorporated into the overall design of the hotel and enclosed and visually screened
from public view.
o The developer shall post a bond to provide financial securityforthe 150%of the total
cost of the required off-site public improvements.
o The developer shall submit a written letter of approval from Nine Vail Road
Condominium Association,the Scorpio Condominium Association,and the Alphorn
Condominium Association granting access to allow for the construction of sidewalk,
drainage, Spraddle Creek relocation,and landscaping improvements, respectively.
o The developer shall receive approval for all required permits(CDOT access,ACOE,
dewatering, storm water discharge, etc.). ;:�,,.,,
3. The Developer shall address the following conditions of approval prior to the issuance of
a temporary certificate of occupancy for the Four Seasons Resort:
o The developer shall provide deed-restricted housing that complies with the Town of
Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56
employees on the Four Seasons Resort site,and that said deed-restricted employee
housing shall be made available for occupancy, and that the deed restrictions shall
be recorded with the Eagle County Clerk & Recorder.
o The developer shall record a drainage easement for Spraddle Creek.The easement
shall be prepared by the developer and submitted for review and approval by the
Town Attorney. The easement shall be recorded with the Eagle County Clerk &
Recorder's Office.
o The developer shall submit a comprehensive sign program proposal for the Four
Seasons Resort for review and approval by the Design Review Board.
o The developer shall provide a heated pedestrian walk connection from the Frontage
Road to West Meadow Drive.The developer shall submit a pedestrian easement for
this connection for review and approval by the Town Attorney.
o The developer shall prepare and submit all applicable roadway and drainage
easements for dedication to the Town for review and approval by the Town Attorney.
All easements shall be recorded with the Eagle County Clerk and Recorder's Office.
4. Others:
o The Memorandum of Understanding as provided in Exhibit A shall be adopted with
the second reading of Ordinance No. 9, Series of 2003. This fulfills approval
agreement number 2 of first reading of Ordinance No. 9, Series of 2003.
o The required Type III deed-restricted employee housing units shall not be eligible for
resale and that the units be owned and operated by the hotel and that said
ownership shall transfer with the deed to the hotel property.
o The developer shall be assessed an impact fee of$5,000 for all net increase in pm
traffic generation as shown in the revised April 4, 2003, Traffic Study. The net
10
increase shall be calculated using the proposed peak generating trips less the
existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7)_
40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non-
adjacent improvements constructed.
o The developer shall begin initial construction of the Four Seasons Resort within
three years from the time of its final approval at second reading of the ordinance
amending Special Development District No. 36, Four Seasons Resort,and continue
diligently toward the completion of the project. If the developer does not begin and
diligentlywork toward the completion of the special development district or any stage
of the special development district within the time limits imposed, the approval of
said special development district shall be void. The Planning and-Environmental
Commission and Town Council shall review the special development��district upon
submittal of an application to reestablish the special de�elopment districfifollowing
the procedures outlined in Section 12 9A-4, Vail Town Code.
o The developer shall commit no act or omission in any way to cause the current
operation of the Chateau at Vail to cease until such time as the Department of
Community Development issues a demolition permit.
o The developer shall invoke the Four Seasons Landscaping Requirements when
planting the site, which are more stringent then those ofthe Town of Vail.
VIII. ATTACHMENTS
A. Ordinance No. 20, Series of 2005
B. Zoning Analysis
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Attachment: A
ORDINANCE NO. 20
SERIES OF 2005
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 9, SERIES OF 2003,
PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO.
36, FOUR SEASONS RESORT, AND AMENDING THE APPROVED DEVELOPMENT PLAN '
FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER 12-9A,
VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption
of Special Development Districts; and
WHEREAS, Vail Development, LLC, has submitted an application for a major
amendment to Special Development District No. 36, Four Seasons Resort; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held public hearings on the application; and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed
criteria for the amendment of special development districts and has submitted its
recommendation of approval to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 36, Four Seasons Resort, complies with the nine design criteria
outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that
any adverse effects of the requested deviations from the development standards of the
underlying zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of the major amendment to Special Development District No.
36, Four Seasons Resort, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to
the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the proposed Approved Development Plan for Special Development
District No. 36, Four Seasons Resort.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 20, Series of 2005, is to adopt an Approved Development Plan for
Special Development District No. 36, Four Seasons Resort, and to prescribe appropriate
development standards for Special Development District No. 36, in accordance with the provisions
of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District
No. 36 shall remain Public Accommodation zone district.
Section 2. Establishment Procedures Fulfilled, Planninq Commission Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled
and the Vail Town Council has received the recommendation of approval from the Planning &
Environmental Commission for the major amendment to Special Development District No. 36, Four
Seasons Resort. Requests for the amendment of a special development district follow the
procedures outlined in Chapter 12-9A of the Vail Town Code.
Section 3. Special Development District No. 36
The Special Development District is hereby amended to assure comprehensive development and
use of the area in a manner that would be harmonious with the general character of the Town,
provide adequate open space and recreation amenities, and promote the goals, objectives and
policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four
Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council
and the Planning & Environmental Commission, and has been amended because there are
significant aspects of the Special Development District that cannot be satisfied through the
imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards - Special Development District No. 36, Four Seasons
Resort Development Plan -
The Approved Development Plan for Special Development District No. 36, Four Seasons Resort,
shall include the following plans and materials prepared by Zehren and Associates, Inc., and Hill
Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the
Town of Vail, dated August 8, 2005:
a. C1. Existing Conditions Plan
b. C3. Water and Sanitary Sewer Plan
c. C4. Grading and Drainage Plan
d. C5. Erosion and Sediment Control Plan
e. C6. Shallow Utility Plan
f. A-2.0.1 Level 1 Plan (132')
g. A-2.0.2 Level 2 Plan (140',142')
h. A-2.0.3 Level 3 Plan (152')
i. A-2.0.4 Level 4 Plan (162')
j. A-2.0.5 Level 5 Plan (172')
k. A-2.0.6 Level 6 Plan (182')
I. A-2.0.7 Level 7 Plan (192')
m. A-2.0.8 Level 8 Plan (202')
n. A-2.0.9 Level 9 Plan (212')
o. A-2.0.10 Level 10 Plan (222')
p. A-2.0.11 Roof Plan
q. A-5.0.1 Elevations
r. A-5.0.2 Elevations
s. A-5.0.3 Elevations
t. A-8.0.1 Site Plan North
u. A-8.0.2 Site Plan South
v. A-9.0.1 Landscape Plan North �
w. A-9.0.2 Landscape Plan South
. x. A-10.0.1 Building Height Calculations—Absolute Height/Interpolated Contours
y. A-10.0.2 Building Height Calculations—Maximum Height/Interpolated Contours
z. A-10.0.3 Building Height Calculations at Proposed Grades
aa. A-11.0.1 Existing Circulation
bb. A-11.0.2 Proposed Circulations
cc. A-12.0.1 Off-site Improvements Plan
dd. A-13.0.1 Landscape Area
ee. A-14.0.1 Hardscape Area
ff. A-15.0.1 Above Ground Site Coverage
gg. A-15.0.2 Site Coverage Below Grade
hh. A-16.0.1 Streetscape Elevations
Permitted Uses--
The permitted uses in Special Development District No. 36 shall be as set forth in the development
plans referenced in Section 4 of this ordinance.
Conditional Uses--
The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set
forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be
reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations.
Density-- Units per Acre - Dwe/ling Units, Accommodafion Units, Fractional Fee Club Units
and Employee Housing Units --
The number of units permitted in Special Development District No. 36, Four Seasons Resort,
shall not exceed the following:
Dwelling Units—�16
Accommodation Units—�122
Fractional Fee Club Units—� 19
Type III Employee Housing Units -�4 28
Density--Floor Area --
The gross residential floor area (GRFA), common area and commercial square footage permitted
for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the
� Approved Development Plan referenced in Section 4 of this ordinance.
Specifically:
GRFA- 177,609 square feet
Retail -2,386 square feet
RestauranULounge - 5,946 square feet(seating capacity)
Conference Facilities - 11,139 square feet
Health Club and Spa - 18,577 square feet
Setbacks--
Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as
set forth in the Approved Development Plan referenced in Section 4 of this ordinance.
Height--
The maximum building height for Special Development District No. 36, Four Seasons Resort,
shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance
(89 feet maximum).
Site Coverage--
The maximum site coverage allowed for Special Development District No. 36, Four Seasons
Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this
ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or
71%).
Landscaping--
The minimum landscape area requirement for Special Development District No. 36, Four
Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4
of this ordinance (35,268 square feet or 30%).
Parking and Loading —
The required number of off-street parking spaces and loading/delivery berths for Special
Development District No. 36, Four Seasons Resort, shall be provided as set forth in the
Approved Development Plan referenced in Section 4 of this ordinance (211 spaces re uired, 215
spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage
Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of
the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased,
conveyed, rented or restricted to any person other than a condominium owner, fractional fee
owner, tenant, occupant or other user of the building, except that six (6) of the required spaces
may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road
Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The
foregoing language shall not prohibit the temporary use of the parking spaces for events or uses
outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of
spaces available for sale or lease to condominium and/or fractional fee owners.
Section 5. Approval Agreements for Special Development District No. 36, Four Seasons
Resort
The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned
upon the developer's demonstrated compliance with the following approval agreements:
1. That the developer shall provide deed-restricted housing that complies with the Town of Vail
Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four
Seasons Resort site, and that said deed-restricted employee housing shall be made available for
occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk &
Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons
Resort.
2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the
second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2
of first reading of Ordinance No. 20, Series of 2005.
3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall
be prepared by the developer and submitted for review and approval by the Town Attorney. The
easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the
issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort.
4. That the developer shall submit a final exterior building materials list, a typical wall section and
complete color renderings for review and approval of the Design Review Board, prior to submittal
of an application for a building permit.
5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons
Resort for review and approval by the Design Review Board, prior to the issuance of a
Temporary Certificate of Occupancy for the Four Seasons Resort.
6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by
the Design Review Board prior to the issuance of a building permit. All rooftop mechanical
equipment shall be incorporated into the overall design of the hotel and enclosed and visually
screened from public view.
7. That the developer shall post a bond to provide financial security for the 150% of the total cost of
the required off-site public improvements. The bond shall be in place with the Town prior to the
issuance of a building permit.
8. That the developer shall comply with all fire department staging and access requirements
pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a
set of revised plans for Town review and approval prior to building permit submittal.
9. That the required Type III deed-restricted employee housing units shall not be eligible for resale
and that the units be owned and operated by the hotel and that said ownership shall transfer with
the deed to the hotel property.
10. That the developer shall coordinate the relocation of the existing electric transformers on the
property with local utility providers. The revised location of the transformers shall be part of the
final landscape plan to be submitted for review and approval by the Design Review Board.
11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium
Association, the Scorpio Condominium Association, and the Alphorn Condominium Association
granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation,
and landscaping improvements, respectively, prior to the issuance of a building permit.
12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage
Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south
to the 9 Vail Road property line. All work related to providing these improvements including
lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included.
A plan shall be submitted for review and approval by the Town and the Design Review Board
prior to submittal of a building permit.
13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to
West Meadow Drive. The developer shall record a pedestrian easement for this connection for
review and approval by the Town Attorney prior to issuance of a Temporary Certificate of
Occupancy.
14. That the developer shall prepare and submit all applicable roadway and drainage easements for
dedication to the Town for review and approval by the Town Attorney. All easements shall be
recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary
Certificate of Occupancy.
15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic
generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be
calculated using the proposed peak generating trips less the existing Resort Hotel and Auto
Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000.
This fee will be offset by the cost of non-adjacent improvements constructed.
16. That the developer shall receive approval for all required permits (CDOT access, ACOE,
dewatering, storm-water discharge, etc.) prior to issuance of a building permit.
17. That the developer shall submit a full site grading and drainage plan for review and approval by
the Town and the Design Review Board. The drainage plan will need to be substantiated by a
drainage report provided by a Colorado professional Engineer, include all drainage, roof drains,
landscape drains etc., and how they will connect with the TOV storm system. The developer
shall submit all final civil plans and final drainage report to the Town for civil approval by the
Department of Public Works, prior to submittal of a building permit.
18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and
construction fence for review and civil approval by the Department of Public Works, prior to
submittal of a building permit.
19. That the developer shall be responsible for all work related to providing landscaping and lighting
within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be
provided for review and approval by the Design Review Board.
20. That the developer shall provide additional survey information of the south side of the Frontage
Road to show existing trees to be removed and additional survey in front of the Scorpio building
in order to show accurate grades for the construction of the path from the Four Seasons to the
bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the
Design Review Board.
21. That the developer is responsible for 100% of final design improvements along West Meadow
Drive from the centerline of the road back to the Four Seasons property line from Mayors' park
to western most property line of the Four Seasons, including any drainage and grade tie-ins
beyond the west property line. This includes all improvements, including, drainage, lighting, art,
streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall�match
and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive
and shall be provided for review and approval by the Design Review Board.
22. That the developer shall incorporate public art into the development, and shall coordinate all art
proposals with the Art in Public Places Board, subject to review and approval by the Design
Review Board.
23. That the developer shall resolve all of the following design-related issues for final Design Review
Board review and approval:
a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with
the proposed sidewalk and landscaping will be located as to not interfere with the operation
of the hydrant.
b. The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope
that is sloped towards the road.
c. The boulder walls and grading at the SE corner of the property shall be modified as to not
impact the existing 2-36" CMP's.
d. The foundation wall at the SE corner of the parking structure shall be modified to
accommodate the existing Spraddle Creek vault.
e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with
the existing phone vault.
f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in
order to clarify potential conflicts.
g. The proposed walk that meets the frontage road walk at the eastern portion of the property
shall be realigned slightly to the west to avoid the existing inlet.
h. Fire staging turning movements shall be show on plans.
i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order
to "bench" access drive wall.
j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.5?(Typo)
k. Railings shall be provided for paths where necessary
I. Show edge of existing pavement for Frontage road on civil plans and show match point.
m. Erosion control plan shall be updated.
n. Show grading around proposed electric vault.
o. Show driveway grades, spot elevations on civil plans.
p. Show additional TOW/BOW elevations on pool walls.
24. That the developer shall begin initial construction of the Four Seasons Resort within three years
from the time of its final approval at second reading of the ordinance amending Special
Development District No. 36, Four Seasons Resort, and continue diligently toward the
completion of the project. If the developer does not begin and diligently work toward the
completion of the special development district or any stage of the special development district
within the time limits imposed, the approval of said special development district shall be void.
The Planning and Environmental Commission and Town Council shall review the special
development district upon submittal of an application to reestablish the special development
district following the procedures outlined in Section 12-9A-4, Vail Town Code.
25. That the Developer shall commit no act or omission in any way to cause the current operation of
the Chateau at Vail to cease until such time as a demolition permit is issued by the Department
, of Community Development.
Section 6.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one
or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 7.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 20th day of December, 2005, and a public hearing for
second reading of this Ordinance set for the 3rd day of January 3, 2006, in the Council Chambers
of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Exhibit A:
TOWN OF VAIL
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into on the 3'd day of
January, 2006, by and between VAIL DEVELOPMENT LLC., a Minnesota corporation and the
TOWN OF VAIL a Municipal corporation, situated in the County of Eagle, State of Colorado.
WHEREAS, Vail Development LLC is planning the development and construction of a mixed
use project consisting primarily of a five star hotel, a fractional fee club, condominiums, retail,
employee housing units and related facilities at 28 South Frontage Road and 13 Vail Road, Vail
Colorado (Lots 9A and 9C, Vail Village 2nd Filing) currently and commonly known as the Chateau at
Vail hotel and the Alpine Standard/Amoco gasoline station;
WHEREAS, in connection with its proposed mixed use development Vail Development
LLC, is requesting from the Town of Vail certain entitlements pursuant to its applications for a
major amendment to Special Development District No. 36, a conditional use permit for Type III
Employee Housing Units, a conditional use permit for a Fractional Fee Club and a rezoning of Lot
9A, Vail Village 2"d Filing;
WHEREAS, in connection with the applications and requested entitlements, Vail
Development, LLC, is required by the Town of Vail to make certain off-site/public improvements (as
specifically set forth in detail below) along South Frontage Road and West Meadow Drive
consistent with the Town of Vail Streetscape Master Plan, as amended;
WHEREAS, as a condition to the second reading of Ordinance No. 20, Series of 2005, the
parties are required to enter into this Memorandum of Understanding setting forth the
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I
responsibilities, obligations and requirements of the parties in connection with said offsite/public
improvements to be performed by Vail Development, LLC,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the
parties hereto agree as follows:
I.DEFINITIONS
1. When used in this Memorandum of Understanding, the following terms shall have the
following meanings unless otherwise specifically defined. The singular shall include the plural and the
masculine gender shall include the feminine and the neuter unless otherwise required by the context.
"Improvements" shall mean those off-site/public improvements as specifically defined in
Section III below.
"MOU" shall mean this Memorandum of Understanding agreement and all exhibits
annexed hereto.
"Vail Development" shall mean Vail Development, LLC, a Minnesota corporation, whose
address is 600 Foshay Tower, 821 Marquette Avenue South, Minneapolis, Minnesota 55402;
Attention: Thomas J, Brink
"Parties" shall mean both Vail Development and Town of Vail.
"Project" shall mean the mixed use project being planned by Vail Development and
consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee
housing units and related facilities to be located at the Property, which mixed use project is the
subject of Ordinance No. 20, Series 2005.
"Property" shall mean those properties commonly known as the Alpine Standard/Amoco
gasoline station and the Chateau at Vail hotel, located respectively at 28 South Frontage Road and 13
Vail Road, Vail Colorado- Lots 9A and 9C, Vail Village 2' Filing.
"Town of Vail" shall mean the Town of Vail, a municipal corporation, whose address is 75
South Frontage Road,Vail Colorado 81657; Attention:
II. PURPOSE
2. The express purpose of this MOU is to establish the mutual responsibilities,
obligations and requirements of the Parties hereto regarding the Improvements to be performed by
Nicollet in connection with Vail Development's entitlements and Project. These Improvements
are required to be made by Vail Development based upon the design and functionality of the
Project or as specifically required by the Town of Vail in connection with Vail Development's
entitlements.
III. VAIL DEVELOPMENT'S OBLIGATIONS
3. Vail Development shall be responsible, at its sole cost and expense, except as
specifically provided herein, to complete and perform the following (collectively, the
"Improvements") in connection with the Project:
(a) South Frontage Road. Vail Development shall perform the following
improvements along the South Frontage Road, using new and first class materials, as approved by
the Town of Vail and the Town of Vail Design Review Board and in accordance with all
applicable federal, state and local laws, statutes, ordinances and regulations: (i) widen the south side
of South Frontage Road and install a left turn lane in South Frontage Road to the entrance of the hotel
and a corresponding left turn lane to the entrance of the existing Town of Vail Police Station; (ii)
install medians in South Frontage Road from the main roundabout to the western lot line of the
Scorpio Condominium property; (iii) provide all landscaping and lighting within the
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proposed South Frontage Road median to be constructed by Vail Development; (iv) install an attached
heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to the South Frontage Road from the bus
stop adjacent to the Weststax Bank east along the Scorpio Condominium property and the Property to
Vail Road including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage
and landscaping as necessary; (v) relocate the fire hydrant adjacent to South Frontage Road; and (vi)
pavement overlay from the centerline of South Frontage Road to the property line of the Property
from the main roundabout west to the bus stop adjacent to the Weststar Bank (subject to timing and
coordination of the CDOT overlay project that will be at CDOT's sole cost and expense).
(b) Vail Road. Vail Development shall perform the following improvements along
the Vail Road, using new and first class materials, as approved by the Town of Vail and the
Town of Vail Design Review Board and in accordance with all applicable federal, state and local
laws, statutes, ordinances and regulations: (i) install an attached heated paver sidewalk/walkway (6
to 8 feet wide) adjacent to Vail Road from the South Frontage Road south along the Property to 9
Vail Road property, including all lighting retaining walls, railings, utility relocation, curb and gutter,
drainage and landscaping as necessary; (ii) relocate the Spraddle creek piping and install new box
culverts; and (iii) pavement overlay from the centerline of Vail Road to the property line of the
Property from the main roundabout (South Frontage Road) south to the property line of 9 Vail Road.
along West Meadow Drive, using new and first class materials, as approved by the Town of
Vail and the Town of Vail Design Review Board and in accordance with all applicable federal,
(c) West Meadow Drive. Vail Development shall perform the following
state and local laws, s�a����s�e$'rec��iances and regulations: (i) install an attached heated paver
sidewalk/walkway (6 to 14 feet wide, or as required by the final approved Town of Vail
Streetscape Master Plan for West Meadow Drive) adjacent to West Meadow Drive from the
western most side of Mayors' Park west along the 9 Vail Road property and the Property to the
western most property line of the Property, including all lighting retaining walls, railings, utility
relocation, curb and gutter, drainage and landscaping as necessary and to match, and be
coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive; (ii) all
design improvements along West Meadow Drive from the centerline of the right-of-way to the
property line of the Property and the 9 Vail Road property from the western most side of Mayors'
park west to the western most property line of the Property (specifically including any drainage
and grade tie-ins necessary beyond the western most property line of the Property), including all
drainage, lighting, art, streetscape enhancements, utility relocation, edge treatments, curb and gutter
and landscaping as necessary and to match and be coordinated with the final approved Town of
Vail Streetscape plan for West Meadow Drive.
(d) Pedestrian Walkway. Vail Development shall perform the following
improvements along the western property line of the Property from the South Frontage Road to
West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the
Town of Vail Design Review Board and in accordance with all applicable federal, state and
local laws, statutes, ordinances and regulations: (i) design and install an attached heated
pedestrian sidewalk/walkway along the western property line of the Property from the South Frontage
Road south to West Meadow Drive, including all lighting retaining walls, railings, utility
relocation, drainage and landscaping as necessary.
(e) Spraddle Creek. Vail Development shall perform the following
improvements in connection with Spraddle Creek, using new and first class materials, as approved by
the Town of
Vail and the Town of Vail Design Review Board and in accordance with all applicable federal,
state and local laws, statutes, ordinances and regulations. (i) relocate the Spraddle creek piping and
install new box culverts, as necessary.
IV.EASEMENTS
4. Vail Development shall�be responsible, at its sole cost and expense, to prepare and submit
all applicable roadway, drainage, and pedestrian easements for dedication in connection with the
Project or the Improvements to the Town of Vail for review and approval by the Town of Vail, Town
Attorney and all such easements shall be filed and recorded with the Eagle County Clerk and
Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Property.
V. TOWN OF VAIL'S OBLIGATIONS
5.Once the Improvements have been completed by Nicollet and accepted by the Town of Vail,
the Town of Vail shall be responsible for all maintenance, upkeep, watering, mowing, trimming,
weed control, snow removal, debris removal, repair and replacement of any and all Improvements
located in a public right of way or in a public easement, including any and all cost and expenses
associated directly or indirectly therewith(except the Town of Vail shall have no obligation to heat or
• repair the heat for the sidewalks) and Vail Development shall have no continuing or further
obligations or responsibilities in connection therewith.
VI. FINANCIAL GUARANTEE REOUIREMENTS
6. Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One
Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined
and agreed to by and between Vail Development and the Town of Vail), to provide financial
security to the Town of Vail and to assure the completion of the Improvements by Vail Development.
The
Bond shall be provided and posted with the Town of Vail prior to the issuance of a building
permit for the Proj ect.
VII.MISCELLANEOUS PROVISIONS
7.1 Amendments. This MOU and all documents and instruments executed in connection
herewith may be amended, modified or supplemented only by a written instrument, executed by
the party against which enfarcement thereof may be sought.
7.2 Bindin : Effect. This MOU shall be binding upon and shall inure to the benefit of the
parties and their respective successors and assigns. The obligations assumed and agreed to be
performed by each party hereunder with respect to the Property shall be binding upon such, party
and their respective successors, assigns and transferees. The covenants of the Parties contained
herein are intended by the parties to be covenants which run with the land under applicable law.
Vail Development, LLC, agrees to make any transfer of any interest in the Property subject to the
obligations contained in this MOU.
7.3 Colorado Law. This MOU shall be construed and enforced In accordance with the
laws of the State of Colorado.
7.4 Time of Essence. Time is of the essence of this MOU. In the event the provisions of
this MOU require any act to be done or action to be taken hereunder on a date which is a Saturday,
Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done
or take on the next succeeding day which is not a Saturday, Sunday or legal holiday.
7.5 Counterparts. This Agreement may be executed in counterparts, each of which
shall constitute a separate document but all of which together shall constitute one and the same
agreement. Signature and acknowledgment pages may be detached and reattached to physically
form one document.
7.6 Attornevs' Fees. If legal action is commenced in connection with the enforcement,
interpretation, or breach of any provision of this MOU, the Court as part of its judgment shall
award reasonable attorneys' fees and costs to the prevailing party.
7.7 Invaliditv of Certain Provisions. Every provision of this MOU is intended to be several.
In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever
by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the
terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
7.8 Entire Ap�reement. This MOU and the documents referenced herein set forth all the
covenants, promises, agreements, conditions and understandings among the Parties concerning the
subject matter hereof and there are no covenants, promises, agreements, conditions or
understandings, either oral or written, between them other than as are herein set forth. All negotiations
and oral agreements acceptable to both parties have been merged into and are included herein, it
being understood that this MOU supersedes and cancels any and all previous negotiations,
arrangements, understandings and representations and none thereof shall be used to interpret or
construe this MOU.
7.9 Notices. All notices, certificates or other communications required to be given to the
Town of Vail or Vail Development, LLC, hereunder shall be suff'iciently given and shall be deemed
given when delivered, or when deposited in the United States mail, first class, with postage
fully prepaid and addressed as follows:
If to the Town of Vail; Town of Vail
c/o
75 South Frontage Road
Vail, Colorado 81657
If to Vail Development, LLC: Vail Development LLC, c/o
Thomas J. Brink 600 Foshay Tower
821 Marquette Avenue South
Minneapolis, Minnesota 55402
7.10 No Third Party Beneficiary.This MOU and any financial guarantees required pursuant
to its terms are not intended for the benefit of any third party.
7.11 Indemnification. Vail Development, LLC, agrees to indemnify and hold the Town
of Vail harmless against any and all liability, loss, damages, costs and expenses, including
reasonable attorney's fees, which the Town of Vail may hereafter sustain, incur or be required
to pay by reason of any negligent act or omission or intentional act of Nicollet, its agents,
officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any
nature whatsoever arising out of the construction or the installation of the Improvements which
Nicollet is required to perform under the terms of this MOU.
7.12 Termination. So long as the Town of Vail approval for the Special Development
District No. 36 - Four Seasons Resort remains valid and has not terminated by passage of time or
otherwise, this MOU may not be terminated, in whole or in part, without the mutual written consent
of the Parties hereto
above.
WHEREFORE, the Parties hereto have executed this MOU as of the date first set forth
VAIL DEVELOPMENT,LLC
By: Thomas J. Brink
Its: Vice President & General Counsel
TOWN OF VAIL
By:
I
t
s
ss ACKNOWLEDGMENT BY VAIL DEVELOPMENT, LLC
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged on the day of , 2006, before
me a notary within and for said County by Thomas J. Brink, the Vice President and General
Counsel of Vail Development, LLC, a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF COLORADO )
ss ACKNOWLEDGMENT BY TOWN OF VAIL
COUNTY OF EAGLE
On the day of , 2006, before me a notary public within and for
said County,personally appeared to me personally
known and by me duly sworn, the of the Town of Vail, a municipality
named in the foregoing instrument and that the seal affixed to said instrument was signed and
sealed on behalf of said municipality by authority of its
acknowledged said instrument to be the free act and deed of said municipality.
1
ATTACHMENT B
Development Standard PA zone district Previous Approval (10/03) Proposed Amendment
Lot Area: 10,000 sq. ft. 118,768 sq. ft. 118,768 sq. ft.
GRFA: 178,152 sq. ft. (up to 150%) 177,991 sq. ft. 177,405 sq. ft.
AU/FFU 124,706 sq. ft. (70%) 124,570 sq. ft. (70%) 124,885 sq. ft. (7{i.4°Io)
DU 53,445 sq. ft. (30%) 53,421 sq. ft. (30%) 52,521 sq. ft. {29.6°l0)
Retail/Rest. 17,815 sq. ft. (10%) 8,965 sq. ft. (6%) 8,363 sq. ft. (5%)
Density (du/acre): 25 du/acre 7.3 du/acre 5.88 du/acre
AU unlimited 118 122
FFU unlimited 22 19
DU 68 18 16
EHU unlimited 34 28
Site Coverage:
Below Grade
Setbacks (above grade):
Frontage Rd.
Vail Rd.
West side
East side
Meadow Dr.
9 Vaii Raad (East}
9 Vail Raad (SE)
Setbacks (below grade):
Frontage Rd.
Vail Rd.
West side
East side
Meadow Dr.
9 Vail Road (East)
9 Vail Road (SE}
Building Height:
Landscaping:
Parking:
Loading:
77,199 sq. ft. (65%)
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
2Q ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
2Q�t.
48 ft.
35,630 sq. ft. (30%)
198 spaces + spa
3 berths
$4,402 sq. ft. (76%)
20 ft.
20 ft.
20 ft.
7.5 ft.
20 ft.
20 ft.
20 ft.
0 ft.
3 ft.
20 ft.
0 ft.
20 ft.
20 ft.
2 ft.
89 ft.
39,684 sq. ft. (33.4%)
215 spaces
3 berths
$5,Q91 sq. ft. (71%)
20.75ft.
18 ft.
19.66 ft.
18 ft.
18.25 ft.
20 ft.
19.5 f#.
1 ft.
5 ft.
2Q ft.
5 ft.
18.25 ft.
20 ft.
9 ft
89 ft.
32,796 sq. ft. {27.6°l0}
215 spaces
3 berths
Attachment: B
From Land Title (D1) Wed 20 ]ul 2005 11:00:56 AM MDT Page 1 of 11
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Land Title
{��J,�H,�n7F.F C[)M1IPAIVY
Date: 07-20-2005 Our Order Number: VC50007795.1
Property Address:
28 S. FRONTAGE ROAD W. AND 13 VA1L ROAD VAII., CO 81657
If you have a�ry inq�rles or require i�urther assistance, please contact one of the ntnnbers below:
For Title Assistance:
Vail Title Dept.
Karen Biggs
108 S FRONTAGE RD W#203
PO BOX 357
VAIL, CO 81657
Phone: 970-476-2251
Fax: 970-476-4732
EMail: kbiggs@Itgc.com
HB DEVELOPMENT CO.
821 MARQUETTE AVENUE
Si71TE 600
MINNEAPOLIS,MN 55402
AtUr TJ BRINK
Plnne: 612-332-1500
Fax: 612r332-2428
EMail:tj @luinldaw.com
Sern Via EMail
From Land Title (D1) Wed 20 Jul 2005 11:00:56 AM MDT Page 2 of 11
Land Title Guarantee Company
Date: 07-20-Z005
ulnd 1 IUf' Our Order Number: VC50007795.1
fi11.9NAKTF.F C:OMIP.9NY
Property Addresc:
28 S. FRONTAGE ROAD W. AND 13 VAII.ROAD VAIL, CO 81657
BuyerBorrower:
VAIL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILTTY COMPANY
Seller/Owner:
VAIL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
Need a map or direcl3ons for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for directions to an of our 54 office locations.
ESTIMATE OF TITLE FEES
Alta Ow�is Policy 10-17-92 TBD
Zf Land TitZo Guarmtea Company rvi21 bo closing thia transaction, abova laaa r1II ba collactad at that ti.mo.
TOTAL $0.00
Form CONTACT 06/04 THANK YOU FOR YOUR ORDER!
From Land Title (D1) Wed 20 Jul 2005 11:00:56 AM MDT Page 3 of 11
THE TALON GROUP, A Division of Ficst AmerIcan'I1tle Insuiance Company
ALTA COMMITMENT
Our Order No. VC50007795.1
Schedule A Cust. Ref.:
Property Address:
28 S. FRONTAGE ROAD W. AND 13 VAII.ROAD VAIL, CO 81657
1. Effective Date: June 27, 2005 at 5:00 P.M.
2. Poticy to be Issued, and Proposed Insured:
"ALTA"Owner's Policy 10-17-92 $0.00
Proposed Insured:
VAIL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILTTY COMPANY
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:
VAIL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABII,ITY COMPANY
5. The land referred to in this Commitment is described as follows:
SEE ATTACHID PAGE(S)FOR LEGAL DESCRIPTION
From Land Title (D1) Wed 20 7u1 2005 11:00:56 AM MDT Page 4 of 11
Our Order No: VC50007795.1
�����
PARCEL A:
A PART OF LOT A OF AMENDED MAP OF SHEET 1 OF 2 OF VAIL VILLAGE, SECOND FII.ING,
COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT TI�NORTHWESTERLY CORNER OF SAID LOT A; THINCE SOUTH 79 DEGREES 41
MINUTES 13 SECONDS EAST AND ALONG THE NORTHERLY LINE OF SAID LOT A, A DLSTANCE
OF 152.65 FEET TO TI�NORTHEAST CORNER OF SAID LOT A; THENCE SOUTH 0 DEGREES 23
MINUTES 00 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT A, A DISTANCE OF
125.00 FEET;THENCE NORTH 74 DEGREES 16 MINUTFS 12 SECONDS WEST A DLSTANCE OF
156.13 FEET TO A POINT OF INTERSECTION WTTH THE WESTERLY LINE OF SAID LOT A;
THENCE NORTH 0 DEGREES 23 MINUTES 00 SECONDS WEST AND ALONG SAID WE.STERLY LINE
OF SAID LOT A, A DLSTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY
OF EAGLE, STATE OF COLORADO.
PARCEL B:
A PART OF THE NORTHEAST ONE-QUARTER OF SEC'I'ION 7, TOWNSHIP 5 SOUTH, RANGE SO
W�ST OF THE SIXTH PRINCIPAL MERIDIAN AND BIING A PART OF LOTS A, B, AND C OF
AMENDED MAP OF SHEET 1 OF 2 OF VAII,VILLAGE SECOND FILING, COUNTY OF EAGLE,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7;THENCE SOUTHERLY AND
ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 7;39.20 FEET
TO THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6; THENCE ON AN ANQ.E TO THE
RIGHT OF 100 DEGREF•S 41 MINUTES 47 SECONDS AND ALONG SAID SOUTH RIGHT OF WAY
LINE, 25.44 FEET TO A POINT ON THE WFST LINE OF VAII.ROAD, SAID POINT BF1NG THE
NORTHEASTERLY CORNER OF SAID LOT A;THENCE CONTINUING ALONG THE AFOREMENTIONED
LINE AND ALONG THE NORTHERLY LINE OF SAID LOT A, 152.65 FEEI'TO A POINT ON THE
NORTHWESTERLY CORNER OF SAID LOT A, SAID POINT BIING THE TRUE POINT OF
BEGINNING; THENCE ON AN ANQ.E TO THE LEL'T OF 100 DEGREES 41 MINUTES 47 SECONDS
AND ALONG THE WGST LINE OF SAID LOT A, 110.0 FEET;THENCE ON AN ANQ.E TO THE
LEFT OF 73 DEGREES 53 MINUTFS 12 SECONDS, 156.13 FEEr TO THE WEST LINE OF VAII,
ROAD;THENCE ON AN ANGLE TO THE RIGHT OF 73 DEGREES 53 MINUTES 12 SECONDS AND
ALONG SAID WFST LINE 29.15 FEET;THENCE ON AN ANQ.E TO THE RIGHT OF 106 DEGRF.ES
06 MINU'TES 48 SECONDS, 156.13 FEET TO THE WEST LINE OF SAID LOT A;THENCE ON AN
ANGLE TO THE LFI'T OF 134 DEGREFS 17 MINUTES 11 SECONDS, 67.00 FEET; THENCE ON
AN ANGLE TO THE RIGHT OF 90 DEGREES 00 1VIIl�TUTES 00 SECONDS, 15.27 FEET;THENCE
ON AN ANGLE TO THE LEFT OF 90 DEGREFS 00 MINUTFS 00 SECONDS, 56.00 FEET; THENCE
ON AN ANGLE TO THE RIGHT OF 102 DEGREFS 13 MINUTES 17 SECONDS, 101.50 FEET,
MORE OR LESS TO THE NORTHERLY LINE OF WEST MEADOW DR1VE; THENCE ON AN ANGLE TO
THE RIGHT OF 38 DEGREES 13 MINUTES 30 SECONDS AND ALONG THE SAID NORTHERLY LINE
264.42 FEET TO A POINT OF CURVE;THENCE CONTINUING ALONG SAID NORTHERLY LINE
AND ALONG A C[JRVE TO THE LEFT HAVING A RADIUS OF 525.00 FEET, A CINTRAL ANGLE
OF 06 DEGREES 23 MINUTES 12 SECONDS,AN ARC DISTANCE OF 58.52 FEET TO Tf�
WESTERLY LINE OF LOT C; THENCE ON AN ANGLE TO THE RIGHT OF 84 DEGREES 48
MINUTES 35 SECONDS AND ALONG THE WFSTERLY LINE OF LOT C, 251.25 FEET TO THE
SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6;THENCE ON AN ANGLE TO TI�RIGHT
OF 90 DEGREES 00 MINUTES 00 SECONDS AND ALONG SAID SOUTH RIGHT OF WAY LINE
300.00 FEET;MORE OR L�SS, TO THE TRUE POINT OF BEGINNING.
From Land Title (D1) Wed 20 7u1 2005 11:00:56 AM MDT Page 5 of 11
Our Order No: VC50007795.1
�.g'a����
THE FOREGOING DESCRIBID PARCELS ARE ALSO DESCRIBED AS FOLLOWS:
A pa�t of Lots A, B and C of Amended Map of Sheet 1 of 2 of Vail Village,
Second Filing, Eagle County, Colorado, being more p�rl3cularly described as
follows:
Commenci�at the Nortl�ast corner of Sect[on 7, Township 5 South, Rauge SO West
of the Sixth Principal Meddian; tl�ence along the East line of the Noitheast
Quarter of the No�theast Quarfer of said Section 7, and referting all bearings
contained herein to said line, S 00 DEGREES 09 MINUTES 28 SECONDS W, a distance
of 39.20 feet; thence dep�cting said line N 79 DEGREES OS MINUTES 45 SECONDS W,
a distance of 25.44 feet to the Noitheast corner of said Lot A and the Point of
Beginning of the here3n descdbed p�rcel of land; thence along the East line of
said Lot A and the West tighEof way line of Vail Road(50' wide) S 00 DEGREES
09 MINUTES 28 SECONDS W, a distance of 125.00 fe�t; Ihence contirn�alo�said
line S 00 DEGREFS 09 MINUTES 28 SECONDS W, a distance of 29.15 feet to the
Noriheast cor�r of Condominium Map for the Holiday Hottse as recorded in Book
229 at Page 936; tl�ence along ihe North arnl West boundaries of said Condominium
Map. The following five(5) courses and distances:
1) N 73 DEGREFS 43 MINUTES 44 SECONDS W, 156.13 feet;
2) S 28 DEGREES 00 MINUTES 55 SECONDS E, 67.00 feet;
3) S 61 DEGREES 59 MINUTES 05 SECONDS W, 18.27 feet;
4) S 28 DEGREFS 00 MINUTES 55 SECONDS E, 86.00 feet;
5) S 74 DEGREES 12 MINUTFS 22 SECONDS W, 101.49 feet to intersect the North
rIght-of-way line of West Meadow Drive(50' wide); tt�ence along said
right-of-way line the following two (2) cowses and distances:
1) N 67 DEGREFS 34 MIlVUTES 08 SECONDS W, 264.42 feet;
2) 58.51 feet along the arc of a curve to tl�left havi�a radius of 525.00', a
central angle of 6 DEGREES 23 MIlViJ'I'ES 09 SECONDS and a chord which bears N 70
DEGREES 45 M[NUTES 43 SECONDS W, 58.48' to the Sou�west corner of said Lot C;
thence along the West line of said Lot C N 10 DEGREFS 51 MLNUTFS 15 SECONDS E, a
distance of 251.25 feet to the Norlhwest corner of said Lot C; U�ence along the
Norlh line of said Lot C S 79 DEGREES OS MINUTES 45 SECONDS E, a distance of
300.00 feet to d�e Northeast co�r a said Lot C and the Notthwest corner of
said Lot A; thence along the Norlh line of said Lot A S 79 DEGREFS OS MINUTES
45 SECONDS E, a distance of 152.65 feet to the Point of Beginning, County of
Eagle, State of Colorado.
Bearings are based on State Plane Coordinates, Colorado Central Zone.
TOGETHER WITH THE RIGHTS CONTAINED IN THAT CERTAIN CONSTRUCTION AGREEMENT AND
TEIVIPORARY CONSTRUCI'ION EASEMENT DATED FEBRUARY 11, 2005, BETWEEN VAIL
DEVII.OPMENT, LLC, A DELAWARE LIMITED LIABII.TTY COMPANY AND HOLIDAY HOUSE
CONDOMINNM ASSOCIATION DB/A 9 VAIL ROAD CONDOMINIUM, RECORDED FEBRUARY 11,
2005, RECEPTION NO. 906005.
From Land Title (D1) Wed 20 Jul 2005 11:00:56 AM MDT Page 6 of 11
ALTA COMMITMENT
Schedule B -Section 1
(Requirements) Our Order No. VC50007795.1
The following are the requirements to be complied with:
Item(a)Payment to or for the account of the grantors or morlgagors of the full consideration for the estate or
interest to be insured.
Item(b) Proper inshvment(s) ctealing tl�esiate or in�erest to be insured must be executed and duly filed for record,
to-wit:
Item(c)Payment of all taxes, charges or assessmenfs levied and assessed against the subject premises which are due
and payable.
Item(d)Additional reqiriremenls, if a�ry disclosed below:
THIS COMMTTMENT LS FOR INFORMATION ONLY, AND NO POLICY WII.L BE iSSUED
PURSUANT HERETO.
**********NOTICE OF FEE CHANGE, EFFECTLVE SEPTEMBER 1, 2002 '�*********
Puisuant to Colorado Revised Statute 30-10-421, 'The county clerk and recorder shall collect a surchacge of$1.00 for
each document rece3ved for recording or�51ing in his or her office. The surchatge shall be in addiQon to airy ott�er
fees pem�itted by stalute.��
From Land Title (D1) Wed 20 Jul 2005 11:00:56 AM MDT Page 7 of 11
ALTA COMMITMENT
Schedule B- Seclion 2
(Exceptions) Our Order No. VC50007795.1
The policy or policies to be issued wlll contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Righfs or claims of paxlies in possession not shown by tl�public records.
2. Easements, or claims of easements, not shown by tl�e public records.
3. Discrepancies, conilicls in bowidary lines, shortage in area, encmachr�nts, a�xi any facts which a correct suivey and
inspecfion of the premises would disclose and which are not shown by the public records.
4. Airy lien, or rlght to a lien, for services, labor or material theretofore or hereafter fiu�nished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adveise claims or other malteers, if any, created, fitst appeating in the public records or
attaching subsequent to tl�e effecave date hereof but piior to ihe date the proposed insured acqifires of record for
value the estate or interest or moitgage thereon covered by this Commitment.
6. Talces or special assessments which are not shown as existing liens by Ihe public reco►ds.
7. Liens for unp�id wafer and sewer charges, if any.
S. In addilion, Ihe ow�rer's policy will be subject to Ihe mortgage, if any, nofed in Section 1 of Schedule B hereof.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO F•XTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNTTID STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK
93 AT PAGE 98.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNI'TED STATFS AS RESERVED IN UNTTED STATES PATINT RECORDED SEPTEMBER 04,
1923, IN BOOK 93 AT PAGE 98.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
� BUT OMI'ITING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMQ..IAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE
EXTENT THAT SAID COVINANT(A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF
THE UNiTED STATES CODE OR(B) RII.ATES TO HANDICAP BUT DOFS NOT
DISCRIMIl�IATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED
JANUARY 09, 1963, IN BOOK 174 AT PAGE 431.
THE P'LANNING AND ARCHI'TECTURAL CONTROL COMNIITTEE REFERRED TO IN THE
DOCUMINT DESCRIBED ABOVE DOES NOT EXIST AND THE REVIEW AND APPROVAL
PROCESS FOR IMPROVIIVIEN'TS PROVIDED FOR IN THE DOC[JMENT IS PERFORMED BY THE
TOWN OF VAII., COLORADO.
From Land Title (D1) Wed 20 Jul 2005 11:00:56 AM MDT Page 8 of 11
ALTA COMMITMENT
5chedule B- Secdon 2
(Exceptions) Our Order No. VC50007795.1
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:
(THE ABOVE TI'EMS AFFECT PARCELS A AND B)
12. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TII,EPHONE AND
TELEGRAPH COMPANY, A COLORADO CORPORATION IN INSTRUMENT RECORDED OCTOBER
20, 1969 IN BOOK 216 AT PAGE 211.
(THE ABOVE TTEM AFFECTS PARCEL A, AS SHOWN ON THE SURVEY)
13. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATFS TII.EPHONE AND
TELEGRAPH COMPANY, A COLORADO CORPORATION IN INSTRUMENT RECORDED OCTOBER
20, 1969 IN BOOK 216 AT PAGE 212.
(THE ABOVE TTEM AFFECTS PARCEL B, AS SHOWN ON THE SURVEY)
14. TERIV�S, CONDITIONS AND PROVISIONS OF CABLE TELEVLSION EASEMENT AND
MAINTINANCE AGREEIVIINT RECORDED NOVEMBER O5, 1993 IN BOOK 624 AT PAGE 152.
15. TERM.S, CONDITIONS AND PROVLSIONS OF AIR SPACE AGREEMENT RECORDED FEBRUARY
11, 2005, RECEP'TION NO. 906003.
16. TERM.S, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMINT RECORDED FEBRUARY
11, 2005 RECEPTTON NO. 906004.
17. TERNLS, CONDITIONS AND PROVISIONS OF CONSTRUCTION AGREEIVIINT AND TEMPORARY
CONSTRUGTION AGREEMINT RECORDED FEBRUARY 11, 2005 RECEPTION NO. 906005.
LAND TTTLE IS IN RECEIPT OF A SATLSFACTORY SURVEY PREPARED BY ALPINE
INGINEERING, INC., DATED U30/04 AND UPDATED 12/22/04, JOB NO. 27990.
18. COMBINATION DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND
FIXTURE FINANCING STATEMII�IT DATED FEBRUARY 10, 2005, FROM VAIL
DEVII.OPMENT, LLC, A DELAWARE LIlVIITED LIABILITY COMI'ANY TO'I'HE P'[JBLIC
TRUSTEE OF EAGLE COUNTY FOR THE USE OF BNC NATIONAL BANK, A NATIONAL
From Land Title (D1) Wed 20 ]ul 2005 11:00:56 AM MDT Page 9 of 11
ALTA COMMITMENT
Schedule B- Section 2
(Exceptions) Our Order No. VC50007795.1
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:
BANHINGASSOCIATION, TO SECURE THE SUM OF$32,000,000.00 AND ANY OTHER
AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED FEBRUARY 11, 2005
RECEPTION NO. 906006, EAGLE COUNTY, COLORADO.
From Land Title (D1) Wed 20 Jul 2005 11:00:56 AM MDT Page 10 of 11
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pucsuant to CRS 10-11-122, nollce is hereby given thaw
A) The subject real pmpeiiy may be located in a special taxing district.
B) A CeH3ficate of Taxes Due listing each t�cing judsdicbon may be obtai�d from fhe Counly
Treasurer's authorized agent
C) The inforn�ation regarding special districfs and the boundaries of such disMcLs may be obtained from
the Board of County Commissionecs, tl�County Cterk and Recorder, or the Counly Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 reqt�res that all documents received for rewrding or filing
in the clerk and recocder's office shall contain a top margin of at least one inch and a lef� dght and bottom
margin of at least one half of an inch. The clerk and recorder may cefuse to record or f51e a�ry docuxc�ent that
does not conforni, except that, the reqt�trert�nt for the top margin shall not apply to documents using fom�s
on which space is provided for reconiing or filing infotmation at tt� top nuugin of the docur�nt
Note: Colorndo Division of Insu�ance Regulations 3-5-1, Paragraph C of Att[cle VII req�dires that'�very
atle entity shall be�esponsible for all matters which appear of record prSor to the d�of recording
whe�ver the title ent[ty conducl� the closing and is responsible for recoiding or filing of legal
documenfs resulting from tt�e transaction which was closed". Provided Ihat Land Tlde Guarantee
Company conducts Ihe closing of the inSUred lrac�action and is responSible for recotYiing the
legal documents from the transaclion, excepflon number 5 will not appear on the Owner's TItle
Policy and the Lenders Policy when iss�d.
Note:Affirn�ative mechanic's lien proteclion for the Owner may be available(typically by deletion
of Excepdon no. 4 of Schedule B, Seclion 2 of the Cornxnifrc�nt from the Ow�r's Policy to be
issued)upon compliance with the following conditions:
A)The land described in Schedule A of this commd�hnent must be a single family residence which
includes a condominium or townhouse uniw
B)No labor or matedals have been furnished by mechanics or materlal-men for pu�poses of
conshvclion on the land descr�bed in Schedule A of this Commitment within the past 6 month5.
C)The Cornpa�ry mt�st�ceive an approprlate affidavit indemnifying the Company against tui-filed
mechanic's and materlal-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there l� been constn�ction, imprnvements or m�jor rep�irs undeitaken on the property to be p�urchased
within six montl�ptior to the Da�e of the Cott�ihnent, ihe req�rer�nts to obtain coverage
for unrecoNed liens will include: ctisclosure of cehain consU[vcl[on iN'omzation;fnancial iirt'orn�alion
as to tt�seller, tl�builder and or tl�contr�ctor;payment of q�e appropdate premium fully
executed Indemnity Agre�uients satisfactory to the comp��y, and, any additional requirements
as may be necessary after an examination of the aforesaid informalion by Ihe Company.
No coverage will be given under any circu[nStances for labor or matetial for which the ittsured
has cont►.acted for or agreed to p�y.
Note: Ptusuant to CRS 10-11-123, notice is I�reby given:
This nolice applies to owner's policy commitments containing a mineral severance instnunent
excepbfon, or exceptions, in Schedute B, Section 2.
A)That there is recorded evldence that a minecal estate has be�n severed, leased, or ofhetwise
conveyed from the surFace estate and that there is a substanbfal likelihood Ihat a tl�ird pa�.iy
holds some or all interest in oil, gas, other minerals, or geofhern�al energy in the propecty; and
B) That such mineral eslate may include the dght b enter and use tt�e propeiiy without the
suif'ace owner's pemussion.
Nothing herein contained will be deemed to obligate ihe company to ptovide any of the coverages
referred to herein unless d�e above conditions are fully sadsfied.
Form DISCLOSURE 09/Ol/02
From Land Title (D1) Wed 20 Jul 2005 11:00:56 AM MDT Page 11 of 11
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In onier to better serve your needs now and in the future, we may ask you to provide us with certain
inFormation. We undexstand that you[nay be concemed about what we will do with such infoxmation-
p�artictilariy any personal or financial infoxrnatioa We agree that you have a right to l�ow how we will utilize
the peYSOrraI infornration you provide to us. Therefore, together with our parent company, fhe FiYSt American
CoYporation, we have adopted this Privacy Policy to govern the use and handling of your personal infomiation,
Applicability
This Privacy,Policy govems our use of the information which you provide to us. It does not govern the manner
in wluch we may use information we have obtained from any other source, such as infonnaiion obtained from a
public recoxd or[rom anofher pexson or eniity. �xst American has also adopted broader guidelines ihat govern
our use of persoml infomiation regatdless of its source. Fiist American calls ihese guidelines its Fair
Information Values, a copy of which can be found on our website at www.6YStam.com.
Types of InFormation
Depending upon which o[our services you are utilizing, the types of nonpublic peYSOnaI information
that we may collect include:
* Infom�ation we x�ceive from you on applications, fom�s and in other communications to us,
whether in writing, in peYSOn, by telephone or any other means;
'� InFonnation about your h�ansactions wifh us, our at�'iliated companies, or others; and
� InFom�afion we receive from a consumer reporting agency.
Use of Information
We request infom�ation from you for our own legitimate business purposes and not for the be�efit of any
nonaffiliated party. Therefore, we will not release your infomration to nonaff'�liated parbies except: (1) as
necessary for us to provide the product or service you have requested to us; or(2) as pemaitbed by law. We
may, however, sto�e such information indef nitely, including ihe period after which any customer x�elationship
has ceased. Such infox�nation may be used for any internal purpose, such as quality con�rnl efforts or customer
analysis. We may also provic�e all oF ihe types of nonpublic pexsoiral inforn�alion listed above to one or moYe of
our atfiliated companies. Such affiliated companies include firrancial service provideYS, such as fifle insurexs,
properiy and casualty insureYS, a�tnist and inveshnent advisory compauies, or companies involved in real
estate sexvices, such as appraisal companies, hou�e warranty compAnies, and escrow companies.
�rfhermore, we may also provide all fhe infomaation we collec� as described above, to companies that
perform marketing services on our behalf, on behalf of our aff'�liated companies, or to olher financial institutions
with whom we or our atfiliated compa�ues have joint maYiceting agreemenis.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best effoxts to ensure fhat no unaufhorized parties have access to any of your infom�ation. We
restrict access to nonpubiic personal infom�afion about you to ihose i�divic�uals and entities who need to know
that infom�afion to provide producis or services to you. We will use our best et�orCs to irain and oveYSee our
employees a�agent� to ensure fhat your infoxmation will be handled respnsibly and in accordance with this
Privacy Policy and�st American's Fair Infornration values. We currenfly maintain physical, electronic, and
procedural safeguards that comply with referral regulations tfl guard your nonpublic personal infom�ation.
2001 The FiYSt American Corporation
All Righis Reserved
Sr�o��� �2ed S��et�T"' u���JC�o�t�—��j�Y '�OV�O �s�t�m�p�at�i���153.�
KISTLER,D.C.-STARK,P.H.-GARBE,M.S EDDY,RICHARD A.
-GRIFFITHS,L.&E. 2353 IRVINE AVE
1510 S CLAYTON ST NEWPORT BEACH,CA 92660
DENVER,CO 80210 �
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PO BOx 5963 2775 IRIS AVE
VAIL,CO 81658 BOULDER,CO 80304
GDG CORPORATION HOLDINGS LLC DEER SPRING LP
PO BOX 5963 1351 FREEPORT RD
VAIL,CO 81658 PITTSBURGH,PA 15238
GDG CORPORATION HOLDINGS LLC DEER SPRWG LP , .
PO BOX 5963 1351 FREEPORT RD
VAIL,CO 81658 PITTSBURGH,PA 15238
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VAIL PBK LLC . KILMUR LI.0
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VAIL,CO 81657 AVON,CO 81620
MG HOLDINGS LLC VANGALIS,ANTHONY-PEEPLES,PATRICIA
PO BOX 5963 E -JT
VAIL,CO 81658 PO BOX 3007
VAIL,CO 81658
VAIL GATEWAY PLAZA TIMBERLINE COMMERCIAL HOLDINGS LLC
12 VAIL RD STE 600 12 VAIL RD 600
VAIL,CO 81657 VAIL,CO 81657
HSE INVESTMENT PARTNERS LLC DEER SPRING LP
12 VAIL RD STE 500 • � 1351 FREEPORT RD
____VAIL,CO 81657 PITTSBURGH,PA 15238
CENTRAL ROCKIES SPECIALISTS LLC SEBOLD,DAVID L.&CYNTHIA L. -JT
PO BOX 425D 7470 TULIP CT
FRISCO,CO 80443 CHANHASSEN,MN 55317-9330
JOHNSON,JAMES&KAREN -JT JOHNSON,JAMES&KAREN -JT
C/O RUSSELL STANDARD CORP C/0 RUSSELL STANDARD CORP
PO BOX 479 PO BOX 479
BRIDGEVILLE,PA 15017 BRIDGEVILLE,PA 15017
575M LLC WHITE RIVER ACQUISITION CORP
18 SUMMERFIELD LN CIO MANUEL MARTINEZ WW CNSLTNG GRP
SARATOGA SPRINGS,NY 12866 905 BRICKELL BAY DR SUITE 230
MIAMi,FL 33131
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524 ISIE OF CAPRI 18 SUMMERFIELD LN
FORT LAUDERDALE,FL 33301 SARATOGA SPRINGS,NY 12866
LIPCON,CHARLES R.&IRMGARD -JT
430 N MASHTA DR ,
KEY BISCAYNE,FL 33149 ,
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1847 RHODE ISLAND AVE 14700 CRABAPPLE RD
MCLEAN,VA 22101 GOLDEN.CO 80�01
CRAIG,LESLEY S. DUPRE,MICHELE-KOCHER,MININDER
215 S CLERMONT ST 30 STRAWBERRY HILL ST
DENVER,CO 80246 DOVER,MA 02030-2250
KENNETH GORDON REVOCABLE TRUST CRAIG,LESLEY S. , ,
4800 BILTMORE DR 215 S CLERMONT ST
CORAL GABLES,FL 33146 DENVER,CO 80246
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MCLEAN,VA 22101 DOVER,MA 02030-2250
EAGLES FIRST RUN LLC FEGELMAN,DAVID K.,ELLIOTT J.,&
PO BOX 750 . TODD M.
BAY CITY,MI 48707-0750 251 POAGE FARM RD
CINCINNATI,OH 45215
FRANK J. HABERL FAMILY TRUST FULLER,WILLIAM&W.JUDSON
14700 CRABAPPLE RD 1100 WESTWOOD
GOLDEN,CO 80401 BIRMINGHAM,MI 48009
' JOAN E.PAYNE TRUST-MARY PAYNE KELL,MICHAEL V.&MARGARET W.
GALLOWAY TRUST NO 1 -ET AL . - 1851 RAYNELE
2045 TABOR DR BIRMINGHAM,MI 48009
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LAKEWOOD,CA 80215
MATTHEW G.FULLER TRUST MCLISH,MARGOT W.
MATTHEW G.FULLER TRUSTEE 6500 W MANSFIELD AVE 57
PO BOX 25 DENVER,CO 80235
TROY,MI 48099
NEWMAN,MICHAEL J.&SUZETTE B. -JT REISINGER,CELESTE M.
PO BOX 4327 253 KENFOREST DR
EDWARDS,CO 81632 PITTSBURGH,PA 15216
SMITH FAMILY REVOCABLE TRUST WOLLOWICK,HERBERT E.&JANE B.
121 W MEADOW DR 306 104 DRIFTWOOD LN
VAIL,CO 81657 LARGO,FL 33770
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WRIGHT,LAURA P.-GALLOWAY,MARY PAYNE 67 CHESTNUT PARK
220 VINE ST TORONTO M4W1 W7 ONTARIO
DENVER,CO 80206 CANADA,
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106 ST GEORGES RD ' 303 STRATFORD LN
TOORAK VIC 3142 LAREDO,TX 78041
AUSTRALIA, •
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VINTERRA EXEMPT CORP-SCALPELLO, WEINER,PAUL REVOCABLE TRUST
RICHARD A. C/0 RHODA KAPLAN
PO BOX 160 2034 S MOLINE WAY
VAIL,CO 81658 AURORA,CO 80014
VINTERRA EXEMPT CORP VIf�fTERRA EXEMPT CORP ,
C/O ELECOM SUPPLY CO C/O ELECOM SUPPLY CO
3646 MIDWAY DR 3646 MIDWAY DR
SAN DIEGO,CA 92110-5201 • SAN DIEGO,CA 92110-5201 �,
BERKOW,STEVEN A.-BRIDGET PROPERTIES VINTERRA EXEMPT CORP
INC C/0 ELECOM SUPPLY CO
5210 DTC PKWY 3646 MIDWAY DR
GREENWOOD VILLAGE,CO 80111 SAN DIEGO,CA 92110-520.1 •
SHAPIRO,LISA S. M.K.M.LLC •
501 E 79TH ST APT 6C 6091 S HAPPY CANYON DR
NEW YORK,NY 10021 ENGLEWOOD,CO 80111
BANOS,ANDRES VINTERRA EXEMPT CORP
C/O VAIL REALTY C/0 ELECOM SUPPLY CO
302 HANSON RANCH RD 3646 MIDWAY DR
VAIL,CO 81657 SAN DIEGO,CA 92110-5201
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565 GLENGATE COVE , - C/0 DANIEL ABOUMRAD BOSQUE DE AMATES
ATLANTA,GA 30328 148 BOSQUE DE LAS�OMAS DF 11700
MEXICO.
WALSH,THOMAS P.,SR 9 VAIL ROAD LLC
C/O DAKOTA KING INC C/O MARTIN BROTZMAN
3800 W 53RD ST 11508 E WESLEY AVE
SIOUX FALLS,SD 57106-4223 AURORA,CO 80014
BUTTS,ALLISON F. GOLDEN HORIZONS INC
4523 DORSET AVE 2340 OAK HILLS DR
CHEVY CHASE,MD 20815 . COLORADO SPRINGS,CO 80919
KNEPSHIELD,JACQUELINE R. FRONTIER ADJUSTERS INC
6201 ELMWOOD RD 7100 E PLEASANT VALLEY RD STE 260
CHEVY CHASE,MD 20815 INDEPENDENCE,OH 44131
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I KNEPSHIELD,JACQUELINE R. ! POLZIN,DOUGLAS&JOANNA -JT
4915 AUBURN AVE 200 4815 E 6TH AVE
BETHESDA,MD 20814 DENVER,CO 80220
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VELIA 8 CARLOS ' I RICHARD A.
g994 WILDUFE LOOP ' ', PO BOX 160
i I SARASOTA,FL 34238-4000 ; VAIL,CO 81658
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8642 GREGORY WY C/O ELECOM SUPPLY CO
LOS ANGELES,CA 90035 3646 MIDWAY DR ,
SAN DIEGO,CA 92110
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4130 LA JOLLA VILLAGE DR STE 107-125 � C/O ELECOM SUPPLY CO
I LA JOLLA,CA 92037-1599 � , 3646 MIDWAY DR
i � � SAN DIEGO,CA 92110
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! , 3646 MIDWAY DR � ' LAREDO,TX 78041
, I SAN DIEGO,CA 92110 '
9 VAIL ROAD LLC • ' SCALPELLO,RICHARD A.&GWENDOLYN G.-JT
C/O MARTIN BROTZMAN PO BOX 160
11508 E WESLEYAVE . ' VAIL,CO 81658
AURORA,CO 80014 �
WEINER;ePAUL REVOCABLE TRUST BERKOW,STEVEN A.-BRIDGET PROPERTIES
C/O RHODA KAPLAN INC
2034 S MOLINE WAY 5210 DTC PKWY
AURORA,CO 80014 , GREENWOOD VILLAGE,CO 80111
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j C/O ELECOM SUPPLY CO 501 E 79TH ST APT 6C
� � 3646 MIDWAY DR NEW YORK,NY 10021
� ; SAN DIEGO,CA 92110
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7100 E PLEASANT VALLEY RD STE 260 ' 4523 DORSET AVE
� INDEPENDENCE,OH 44131 CHEVY CHASE,MD 20815
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�� BANOS,ANDRES MARTON,STEVEN G.&SUSAN J. -JT
� C/O VAIL REALTY 565 GLENGATE COVE
302 HANSON RANCH RD ATLANTA,GA 30328 •
VAIL,CO 81657
VPP NO.15 CORPORATION M.K.M.LLC �
C/0 DANIEL ABOUMRAD 6091 S HAPPY CANYON DR.
� BOSQUE DE AMATES 148 BOSQUE DE LAS LOMAS ENGLEWOOD,CO 80111
� DF 11700 MEXICO,
WALSH,THOMAS P.,SR VAIL ASSOCIATES LTD
C/O DAKOTA KING INC 6711 MONROE ST BLDG 4 STE A
3800 W 53RD ST SYLVANIA,OH 43560
SIOUX FALLS,SD 57106-4223
� DEAN GOSPER FAMILY TRUST KNEPSHIELD,JACQUELINE R.
� 106 ST GEORGES RD -- ---- -----'-- 6201 ELMWOOD RD — -----
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3037 E LAKE RD BRIAN STOICK TRUSTEE
SKANEATELES,NY 13152 6145 UPPER STRAITS LAKE
ORCHARD LAKE,MI 48324
DAHLEN,HELEN E.&GARY W.-WOOD, GOULD,JAMES L.&PAULA
SAMUEL H. 715 BOYLSTON
4 ESCONDIDO VALLE BOSTON,MA 02116
MANITOU SPRINGS,CO 80829
MORGAN,BASIL ST�IGER,ALLEN&BARBARA B. -JT , ,
4324 YORK RD 100 282 CONCORD RD
BALTIMORE,MD 21212 LONGMEADOW,MA 01106-2225
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302 HANSON RANCH RD DENVER,CO 80227-1913
VAIL,CO 81657 ' "
RUSH INVESTMENTS LLC JAUREGUI,ISIDRO&ANNA MARIA
6510 CLARET 411 W MATHESON DR
PARKVILLE,MO 64152 KEY BISCAYNE,FL 33149
INVERSIONES DON RAUL 7540 C.A. KEILER,JONATHAN S.
C/O VAIL MANAGEMENT COMPANY 4704 EAST PINEWOOD CIR
143 E MEADOW DR 395 LITTLETON,CO 80121
VAIL,CO 81657
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' BOSQUES DE CHIHUAHUA 144 . • 3037 E LAKE RD
DF 11700 MEXICO, SKANEATELES,NY 13152
BECK,HENRY&HELGA BRIAN STOICK TRUST
3037 E IAKE RD BRIAN STOICK TRUSTEE
SKANEATELES,NY 13152 6145 UPPER STRAITS LAKE
ORCHARD IAKE,MI 48324
CARYN J.CLAYMAN TRUST DAHLEN,HELEN E.8�GARY W.-WOOD,
CARYN J.CLAYMAN TRUSTEE SAMUEL H. •
PO BOX 810186 4 ESCONDIDO VALLE
BOCA RATON,FL 33481 MANITOU SPRINGS,CO 80829-2417
FEINBERG,JUDY L. GOULD,JAMES L.&PAULA
9241 CAMBRIDGE MANOR CT 715 BOYLSTON ,
POTOMAC,MD 20854 BOSTON,MA 02116
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HALS UND BEIN BRUCK HAUSER,A.J.,M.,A.I.&A.J.-GARZA,
7075 CAMPUS DR STE 200 A.H.-MARTINEZ,M.M.H.
COLORADO SPRINGS,CO 80920-3164 2100 GULF BLVD#11
SOUTN PADRE ISLAND,TX 78597-6840
INVERSIONES DON RAUL 7540 C.A.
HAUSER,A.J.,M.,A.I.&A.J.-GARZA, C/O VAIL MANAGEMENT COMPANY
A.H.-MARTINEZ,M.M.H. ' 143 E MEADOW DR 395
2100 GULF BLVD UNIT 11 � VAIL,CO 81657
S PADRE ISLAND,TX 78597 i
JACK KENT CADILLAC INC AKA JACK KENT JAMES J.ARIOLA 1997 DECLARATION OF '
MOTORSINC TRUST
I 545 S SHERMAN ST 243 LORRAINE CIR
DENVER,CO 80209-4028 BLOOMINGDALE,IL 60108
JAUREGUI,ISIDRO&ANNA MARIA MAURER,LAURA S.3
411 W MATHESON DR 1705 WARPATH RD .
KEY BISCAYNE,FL 33149 WEST CHESTER,PA 19382
MORGAN,BASIL PRAPUOLENIS,S.JOSEPH-MORRIS,
I� DEBORA -JT
4324 YORK RD 100 731 LAUREL AVE
BALTIMORE,MD 21212 WILMETTE,IL 60091
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282 CONCORD RD C/O VAIL REALTY&RENTAL MGMT
LONGMEADOW,MA 01106-2225 302 HANSON RANCH RD
VAIL,CO 81657 --
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FEINBEF2G,JUDY L. BOWIiNG,BRUC
9241 CAMBRIDGE MANOR CT 30 EASTWOOD CR
POTOMAC,MD 20854 JOHNSON CITY,NY 13790
HARDIN,WILLIAM B.&DEBORAH A. HARDIN,WILLIAM B.�DEBORAH A. -JT
601 WELLESLEY 601 WELLESLEY
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I MARTENS,ALBERT J.&YVONNE M.
JACK KENT CADILLAC INC 1503 VALLE VISTA
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9445�SW 90TH ST
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MEADOW VAIL PLACE CONDOMINIUM MEADOW VAIL PLACE CONDOMINIUM
ASSOCIATION ASSOCIATION
44 W MEADOW DR � 44 W MEADOW DR
VAIL,CO 81657 VAIL,CO 81657
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ASSOCIATION JERRIS P.-MEEK,TERRY 0.
44 W MEADOW DR 1311 E WOODHURST
VAIL,CO 81657 SPRINGFIELD,MO 65804
SMITH,MICHAEL S.8�IRIS PERICLES REALTY INC , ,
PO BOX 2100 C/O MEADOW VAIL PLACE
DENVER,CO 80201 44 W MEADOW DR
VAIL,CO 81657 �,
/ AVILA,HILDA O FARRILL-O FARRILL, LIEBHABER,RICHARD T PERSONAI.RES.TRUST
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CAROLINE STEPHANIE KELLY -JT LIEBHABER,KIRSTEN E PERSONAL RES.TRUST
44 W MEADOW DR UNIT 6 PO BOX 8210
VAIL,CO 81657 MCLEAN,VA 22106-8210 • •
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MEEK FAMILY TRUST LLC MEADOW PLACE INC
1311 E WOODHURST ATTN:SUZETTE
SPRINGFIELD,MO 65804 PO BOX 551600 �
FT LAUDERDALE,FL 33355
SMITH,MICHAEL S.&IRIS PERICLES REALTY INC
PO BOX 2100 C/O MEADOW VAIL PLACE
DENVER,CO 80201 44 WEST MEADOW DR
VAIL,CO 81657
SPRADDLE CREEK PROPERTIES INC
C/O JAMES B.NEWMAN . -
150 GOVERNMENT ST STE 2000
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MOBILE,AL 36602
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VAIL FIRE PROTECTION DIST VAIL DEVELOPMENT LLC
VAIL,CO 81657 50 S SIXTH ST STE 1480
MINNEAPOLIS,MN 55402
GARY A.SYMAN-AZITA RAJI FAMILY �
TRUST
27 WINDWARD RD
BELVEDERE,CA 94920
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*********************************************************************+**********************
TOWN OF VAIL, COLORADO Statement
********************************************************************************************
Statement Number: R050001121 Amount: $6,000.00 07/22/200507:58 AM
Payment Method: Check Init: JS
Notation: 1083/VAIL
DEVELOPMENT, LLC
-----------------------------------------------------------------------------
Permit No: PEC050059 Type: PEC -Major SDD Amendment
Parcel No: 2101-071-0101-6
Site Address: 13 VAIL RD VAIL
Location: 13 VAIL ROAD
Total Fees: $6,000.00
This Payment: $6,000.00 Total ALL Pmts: $6,000.00
Balance: $0.00
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ACCOUNT ITEM LIST:
Account Code Description Current Pmts
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PV 00100003112500 PEC APPLICATION FEES 6,000.00
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Department ofPublic Works&Transportation
1309 Elkhorn Drive
Vail, CO 81657
970-479-2158
Fax:970-479-2166
www.vailgov.com
MEMO
To: David Brooks,Jim McNeil
From: Tom Kassmel,Town Engineer
Re: Four Seasons Development Civil Conshuction Drawing Review
Date: 9/21/OS
The Town of Vail Public Works Department has received an initial set of Civil Construction Drawings
dated 9/6/OS for the Four Seasons Development. In an effort to help expedite the permitting process we
have completed a courtesy review of the Civil Construction Drawings prior to Final DRB approval. Based
on our review,in addition to requiring fmal DRB approval and any future additional PEGSDD approvals,
the following issues will be required to be resolved prior to any building/excavation permit application is
submitted. Please keep in mind the level of this review is relative to the level of detail of the plans,
additional comments may arise as the plans are updated and developed.
General Comments
l. Please add the Town of Vail General Notes. (Notes can be e-mailed upon request)
2. Please add Utility Signature block and have all utilities sign acknowledging acceptance of
utility design.
3. Approvals from all impacted property owners shall be obtained. A written letter of consent to
the required easements will be required for Civil approval. Recarded easements will be
required prior construction.
4. All construction staging issues shall be resolved prior to construction including staging,
phasing,access,schedules,traffic control,emergency access,etc...
5. A ROW/Utility permit shall be obtained and approved by the Town of Vail and CDOT prior
to commencing any construction within public Right of Way. Any construction prior to the
final approval of a building permit(i.e. Spraddle Creek,Excavation Permit)will require a
bond for all disturbed areas.
6. A Town of Vail Revocable ROW permit shall be recorded for all private property
improvements located within public ways.
7, Prior to approval of an Excavation permit a shoring and excavation plan shall be submitted
including;excavation phasing,engineered shoring plans with plan,profile and cross sections.
Cross Sections and plans shall include all existing conflicts(i.e.utilities).
8. A CDPHE Permit and all applicable ACOE permits(i.e.Dewatering)shall be submitted prior
to construction.
9. Include landscape plan,truck turning movements,delivery bay plans,garage layout plans.
South Fronta�e Road
1. All improvements within CDOT ROW must be approved by CDOT. This includes all
permanent and temporary improvements. The approved Access permit from CDOT is strictly
for access along the south CDOT Right of Way line. Lane configuration and design must
undergo further review,per CDOT. Also of note,per conversations with CDOT the Access
permit can only be renewed on a yearly basis two times before being revoked and it must be
active during the construction period. Not until full acceptance of construction is it
permanent.(Please verify with CDOT)
2. The South Frontage Rd.alignment into the roundabout has moved south from the original
approved drawings. The deflection at the entrance to the roundabout will need to match
existing. Change drawings to reflect approved SDD plans.
3. Show all match lines and matching elevations at the roundabout and the west end.
4. Differentiate between existing and proposed.(i.e.curb and gutter)
5. Show limits of construction,sawcuts,milling,overlay.
6. Infrared all seams,provide note.
7. Show curb and gutter profiles.
8. Provide cross-slopes and necessary spot elevations.
9. Concrete pans at driveways shall be 8' wide per code.
10. Dimension Vail Rd.with lane widths and striping.
11. Vail Rd.and South Frontage Rd.will be required to be milled and asphalt overlaid per Town
Code. Vail Rd.can be cost shared with ERWSD,Xcel,Vail Plaza Hotel,Qwest when all
construction is complete.
Spraddle Creek Draina�e
1. Provide drainage easement to the Town of Vail for box culvert and storm sewer crossing Nine
Vail Rd.property and the Four Seasons property where necessary. A minimum of 20'with at
least 5'width easement on both sides of the proposed culverts will be required.
2. Show details of box culvert and vaults.
3. The Spraddle Creek culverts conflict with the proposed building stairs as shown.
4. Provide Spraddle Creek profile.Show all existing conflicts.(LTtilities,stairs,etc...)
5. Vaults should be formed to minimize head loss.
6. Provide Manhole for RCP pipe entering box culvert. What connects to this pipe?
7. Show limits of construction,sawcuts,milling,overlay.
8. Per CDOT existing 48"CMP's shall be removed.
9. Realign north end of culvert to enter vault further west.
10. Provide note that all work north of old gas station Vail Rd.entrance will be required to be
completed at night.
Site
1. Provide top of wall and bottom of wall elevations for all walls. Provide details of all walls.
2. Drainage plan view should have inlet type,inverts,and rim elevations shown on plan.
3. Drainage plan view should have pipe type,size length and slope shown on plan.
4. Show additional spot elevations and slopes on all hard surface areas within the site(driveway,
walkways,tunnel ramp,courtyard,etc...)at all high points,low points,and grade breaks.
5. Provide note on grading plan that positive drainage must be maintained away from building at
all times and the mu�imum grade is 2:1.
6. Show all rooftop/gutter drains,courtyard and landscape drain,internal structure drain,
daylights/tie-ins. Show where they connect into the storm sewer system.
7. A sand/oil separator will be required for the parking structure.
8. Show match grading below retaining wall west of Four Seasons.
9. Tie trench drains in at inlets not mid-pipe.
10. In storm profile`B'inadequate cover is shown at station 1+37.
11. Plan view storm drain show CMP instead of RCP.
12. Show HGL on profiles.
13. In storm profile`A'the stationing follows pipe yet the proposed ground is called out as Curb.
and gutter flowline?
14. Show Inlet type,rim and invert elevations for all drainage structures on drainage plan view.
15. Show pipe type,length,slope on drainage plan view.
16. Provide Final Drainage report including hydrology and hydraulic analyses(Box culvert,
Storm pipe,inlets,swales,etc...)
West meadow
1. Include West Meadow Drive final design plans. Per Developer Improvement Agreement,
Town of Vail West Meadow design plans are to be finalized to CD level and constructed by
the developer. Coordinate with Town of Vail a horizontal shift of the road to the north.
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