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Home My WebLink AboutPEC120020TOWN OF VAIL % EC 07artr�e f Community Development V cc 75 South Frontage Road Vail, CO 81657 Tel: 970 - 479 -2128 APR 16 2012 www.vailgov.com / a -/5 De I pment Review Coordinator Conditional. IL Application for review by the Planning and Environmental Commission General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. The pro- posed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. All PEC approvals shall lapse if construction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee: $650 Description of the Request: 1 WILLOW BRIDGE COMMERCIAL - PROPOSED ADDITIONAL SOFT TO RETAIL, EXTERIOR AND LANDSCAPE REVISIONS Physical Address: 1 WILLOW BRIDGE ROAD, VAIL COLORADO 81657 Parcel Number: 2101.082.84.023 -.027 (C1 -05) (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: ONE WILLOW BRIDGE COMMERCIAL, LLC Mailing Address: SOLARIS, 141 E MEADOW DRIVE SUITE 211, VAIL CO 81657 Owner's Signature: Primary Contact/ Owner Phone: 970- 479 -6000 entative: SHARON COHN Mailing Address: SOLARIS, 141 E MEADOW DRIVE SUITE 211, VAIL CO 81657 Phone: 303 -550 -4551 E -Mail: SHARON @SOLARISVAIL.COM Fax: 970- 479 -6666 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # A— Fee Paid: Received From: , 5'1'Yrn�h rl Meeting Date: 5 11 (4 Ila PEC No.: Planner: Project No: 1?ib14AJ "15 Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R120000283 Amount: $650.00 04;17/201209:36 AM Payment Method: Check Init: SAB Notation: SHARON COHN ----------------------------------------------------------------------------- Permit No: PEC120020 Type: PEC - Conditional Use Parcel No: 2101- 082 - 8402 -4 Site Address: 1 WILLOW BRIDGE RD VAIL Location: ONE WILLOW BRIDGE ROAD UNITS C2, C3, C4 Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PLC APPLICATION FEES 650.00 CUP APPLICATION—ONE WILLOW BRIDGE COMMERCIAL- 04162012 Department of Community Development 75 South Frontage Road Vail, CO 81657 April 16, 2012 RE: Addition of Commercial Square Footage, Exterior and Planter Revisions to One Willow Bridge Commercial — Conditional Use Permit Application for Review by the Planning and Environmental Commission: One Willow Bridge Commercial, 1 Willow Bridge Road, Vail Colorado 81657 To Whom It May Concern, As owners of One Willow Bridge Commercial, we submit the following Conditional Use Permit Application for Review by the Planning and Environmental Commission. Our proposed improvements to One Willow Bridge Commercial include approximately 584 SF of additional commercial space, revised storefronts and a revision to the current landscape. 1. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. • The proposed revisions that include additional commercial space, exterior and landscape modifications are improvements to the existing use by right and in accordance with the zoning of the Public Accommodation (PA) district. 2. The relationship and impact of the use on development objectives of the Town. Using the existing bulk and mass of the building, the added commercial space under the existing terraces provides better visible exposure, more appropriately sized retail bays and an improved visitor /pedestrian experience. The removal of the planters is not a reduction in soft scape but reorganization. This improvement results in a more thoughtful dispersion of the soft -scape against the fagade of the building creating pockets of experiences, vs. a barrier to the retail. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. CUP APPLICATION ONE WILLOW BRIDGE COMMERCIAL 04162012 • In regards to the added commercial space, we are working within the current bulk and mass of the building. The use of the space we are enclosing under the terraces /balconies will not change as it is currently used in conjunction with the adjacent commercial space in an interior retail nature. The access points to the commercial space do not change with the additional square footage. • The current planter's height and location are an impediment to the access and views of the commercial spaces. The reorganization of the landscape will allow for a more visible storefront, a clear path of travel and more appropriate space that allows pedestrians to step directly out of the adjacent bus route when necessary. 4. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking • The current locations of the planters route pedestrian traffic around them directly into the bus route on East Meadow Drive. Their current location poses a safety concern as well as a disruption to traffic flow. The reorganization of the landscape will provide for a clear path of travel alongside the commercial spaces, creating a better opportunity for the pedestrians and vehicles to simultaneously coexist. 5. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. • The character of the One Willow Bridge building is not changed by the added retail space, nor is the scale and bulk as we are working within the current massing of the building. The improvements to the landscape plan are made through the relocation and reduction to the height of the current planters. By reducing the bulk of the planters and bringing them closer to ground level, we create a solution that better correlates in terms of scale and location to the adjacent storefronts and the pedestrian experience. CUP APPLICATION ONE WILLOW BRIDGE COMMERCIAL 04162012 • All materials used in the proposed revisions would match the existing building and not deviate from the existing building or Vail Village Urban Design Guidelines. ZONING ANALYSIS Zone District: Land Use Plan Designation Current Land Use: Proposed Addition: COMMERCIAL AREA: COMMERCIAL SPACE 5 COMMERCIAL SPACE 4 COMMERCIAL SPACE 3 COMMERCIAL SPACE 2 COMMERCIAL SPACE 1 Public Accommodation District Village Master Plan Mixed Use Approximately 584 SF EXISTING 1030 1082 690 957 1813 PROPOSED 204 176 204 TOTAL 5572 584 LANDSCAPING: 188.5 SOFTSCAPE 190 SOFTSCAPE REQUIRED PARKING: -- 2 ADDITIONAL SETBACKS: VARIES - 3 CUP APPLICATION ONE WILLOW BRIDGE COMMERCIAL 04162012 SETBACKS In the PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). Variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. • The impact to the current building setbacks does not change. • The infill stays within the current bulk and mass of the building. • The landscape is relocated from its current street -side location to against the building. B. Proposed building setbacks comply with applicable elements of the Vail Village urban design guide plan and design considerations. • With respect to the Vail Village urban design guide plan and design consideration we are improving the current site conditions to better align with the pedestrians experience, relationship to the adjacent bus - route, streetscape, street edge, scale and aesthetic of the commercial spaces. C. Proposed building setbacks will provide adequate availability of light, air and open space. • The infill stays within the current bulk and mass of the building, thus having a negligible effect on the availability of light, air and open space. • The reduction of the height of the planters and their relocation provides an improved sense of open space. D. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. • The infill stays within the current bulk and mass of the building, thus having a negligible effect on the buildings and uses on adjacent properties. • The reduction of the height of the planters and their relocation provides a more compatible scale and relationship with the buildings on adjacent properties. There is a negligible effect on the 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. • The public benefits of our proposed improvements include the following: 4 CUP APPLICATION ONE WILLOW BRIDGE COMMERCIAL 04162012 o Our improvements provide a solution to ensure a safe co- existence of pedestrian and vehicular traffic along East Meadow Drive. o A landscape solution that creates an improved walking experience and continuity to the pedestrian pathway. o The infill of the commercial storefronts creates more visual interest along East Meadow Drive. Land Title Guarantee Company CUSTOMER DISTRIBUTION land Title GUARANTEE COMPANY --G cow Date: 04-12 -2012 Our Order Number: VB50033150 -3 Property Address: 1 WILLOW BRIDGE RD, MARKET PLACE, AKA UNITS C1, C2, C3, C4 AND C5, ONE WILLOW BRIDGE ROAD VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closine Assistance: Thomas J. Blake 3033 E 1ST AVE #600 DENVER, CO 80206 Phone: 303 - 331 -6237 Fax: 303 - 393 -4959 EMail: tblake @ltgc.com C &H SALES SOLUTIONS LLC Attn: COURT FABLE SOLARIS PROPERTY OWNER LLC 141 E MEADOW DR #211 VAIL, CO 81657 Attn: RYAN SMITH AND PETER KNOBEL Phone: 970- 479 -7566 EMail: ryan @solarisvail.com;peter @solarisvail.com Sent Via EMail Closer's Assistant: Valerie Petrone Phone: 303 - 331 -6213 Fax: 303 - 331 -6325 EMail: vpetrone @ltgc.com For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4534 Entail: eaglecountyrequests@ltgc.com VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR PHOENIX AZ 85018 Attn: VAIL DOVER ASSOCIATES LLC Phone: 602 - 284 -8150 Entail: court@onewillowbridgeroad.com Sent Via EMail LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 Attn: Thomas J. Blake Phone: 303 - 331 -6237 Fax: 303 - 393 -4959 EMail: tblake @ltgc.com Land Title Guarantee Company Date: 04 -12 -2012 Lad TWe Our Order Number: VB50033150 -3 OUARANTEE COMPANY W- LT G C. COM Property Address: 1 WILLOW BRIDGE RD, MARKET PLACE, AKA UNITS Cl, C2, C3, C4 AND C5, ONE WILLOW BRIDGE ROAD VAIL, CO 81657 Buyer/Borrower: ONE WILLOW BRIDGE COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller /Owner: VAIL DOVER ASSOCIATES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY Wire Information: Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303 - 237 -5000 Credit. LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account. 2160521825 Attention: Thomas l Blake *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. Need .a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com lUl LLL1Cl.UU11J lU 411V Ul UU1 J'1 Ulijuc 1Ul.illlU1131. ESTIMATE OF TITLE FEES ALTA Owners Policy 06 -17 -06 (Builder Rate) $4,295.00 Deletion of Exceptions 1 -3 (Owner) $60.00 Deletion of General Exception 4 (Owner) $25.00 Tax Report $125.00 If Land Title Guarantee Company will be closing this transaction, above fees hill be collected at that time. Pozen CONTACT 06/04 TOTAL THANK YOU FOR YOUR ORDER! $4,505.00 First American Title Insurance Company ALTA COMMITMENT Our Order No. VB50033150 -3 Schedule A Cust. Ref.: Property Address: 1 WILLOW BRIDGE RD, MARKET PLACE, AKA UNITS Cl, C2, C3, C4 AND C5, ONE WILLOW BRIDGE ROAD VAIL, CO 81657 1. Effective Date: March 30. 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06 -17 -06 $4.700,000.00 Proposed Insured: ONE WILLOW BRIDGE COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY 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 DOVER ASSOCIATES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNITS C -1, C -2, C -3, C -4 AND C -5, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ONE WILLOW BRIDGE ROAD CONDOMINIUM, RECORDED JUNE 13, 2007 AT RECEPTION NO. 200715477 AND THE CONDOMINIUM MAP RECORDED JUNE 13, 2007 AT RECEPTION NO. 200715478 IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY,COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50033150 -3 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: CERTIFICATE OF GOOD STANDING OF ONE WILLOW BRIDGE COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY, ISSUED BY THE SECRETARY OF STATE OF COLORADO. NOTE: SAID ONE WILLOW BRIDGE COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY IS CURRENTLY NOT LISTED IN SAID SECRETARY OF STATE RECORDS. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 3. WARRANTY DEED FROM VAIL DOVER ASSOCIATES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY TO ONE WILLOW BRIDGE COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: ARTICLES OF ORGANIZATION FOR VAIL DOVER ASSOCIATES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY DISCLOSE(S) DOVER ASSOCIATES, LLC AS THE MEMBER. NOTE: ARTICLES OF ORGANIZATION FOR DOVER ASSOCIATES, LLC DISCLOSE(S) ROBERT M. MCNICHOLS AS THE MEMBER/MANAGER. NOTE: ITEMS 1 -3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50033150 -3 Continued: LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF VAIL DOVER ASSOCIATES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ONE WILLOW BRIDGE COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2011 TAXES, ITEM 6 OF THE GENERAL EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50033150 -3 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: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 10. PROTECTIVE COVENANTS OF VAIL VILLAGE, FIRST FILING, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. THE TITLE COMPANY WILL INSURE AGAINST LOSS OR CLAIM ARISING BECAUSE THE FOLLOWING STATEMENT IS NOT CORRECT: ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50033150 -3 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 PLANNING AND ARCHITECTURAL CONTROL COMMITTEE REFERRED TO IN THE DOCUMENT DESCRIBED ABOVE DOES NOT EXIST AND THE REVIEW AND APPROVAL PROCESS FOR IMPROVEMENTS PROVIDED FOR IN THE DOCUMENT IS PERFOMED BY THE TOWN OF VAIL, COLORADO. 11. RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY IN FAVOR OF THE PUBLIC WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF GORE CREEK. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SONNENALP SUBDIVISION RECORDED OCTOBER 9, 2003 RECEPTION NO. 853191, INCLUDING EASEMENTS TO VAIL WATER AND SANITATION DISTRICT RECORDED AUGUST 15, 1966 IN BOOK 197 AT PAGE 465. 13. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 09, 2003 AT RECEPTION NO. 853194 AND FIRST AMENDMENT THERETO RECORDED DECEMBER 22, 2004 RECEPTION NO. 901416. 14. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT AS EVIDENCED BY MEMORANDUM RECORDED MARCH 31, 2004 AT RECEPTION NO. 872491. 15. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF RECIPROCAL EASEMENTS AND GARAGE OPERATING AGREEMENT RECORDED DECEMBER 22, 2004 RECEPTION NO. 901565. 16. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY NON - EXCLUSIVE UNDERGROUND RIGHT -OF -WAY EASEMENT RECORDED JUNE 17, 2005 AT RECEPTION NO. 919657. 17. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED JUNE 17, 2005 AT RECEPTION NO. 919660. 18. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS FOR PEDESTRIAN WALKWAYS BETWEEN VAIL DOVER ASSOCIATES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY AND TOWN OF VAIL RECORDED MAY 23, 2007 UNDER RECEPTION NO. 200713360. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50033150 -3 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: 19. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN CONDOMINIUM DECLARATION FOR ONE WILLOW BRIDGE ROAD CONDOMINIUM RECORDED JUNE 13, 2007 UNDER RECEPTION NO. 200715477. 20. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF ONE WILLOW BRIDGE ROAD CONDOMINIUM RECORDED JUNE 13, 2007 UNDER RECEPTION NO. 200715478. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject realproperty may be located in a special taxing district. B) A Certificate of Taxes DDue listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed" Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien rotection for the Owner may be available (tyvically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitmenl from the Owner s Po icy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanics and material -men's liens. D The Company must receive payment of the appropriate premium. E If there has been construction, improvements or mayor repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary alter an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: Thi�0 n 0 r e otice applies to owner's policy commitments containing a mineral severance instrument exci, xceptios n cedule B, Sectio2Aat there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal enem�yy in the property; and B) That such mineral estate may inc ude the right to enter and use the properrty without t e surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrau mg or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. 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 efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D /B /A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b /a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non - public personal information ( "Personal Information "). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV. POL. LTG. I TOWN OF VAiLY JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi- tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi- tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) PETER KNOBEL , a joint owner, or authority of the association, of property located at 1 WILLOW BRIDGE ROAD, VAIL CO 81657 , provide this letter as written approval of the plans dated APRIL 16 2012 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: ONE WILLOW BRIDGE COMMERCIAL REVISIONS TO INCLUDE: 1. ADDITIONAL RETAIL SOFT 2. EXTERIOR STOREFRONT REVISIONS 3. LANDSCAPE REVISIONS � k, / (Signature) (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to ensure compli- e ehe Town's applicable codes and regulations. (Initial here) I understand that all modifications, minor or otherwise, which are made to the plans over the course of the review pro- cess, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (Initial here) NEIGHBORING PROPERTIES TO ONE WILLOW BRIDGE COMMERCIAL ONE WILLOW BRIDGE Subdivision: ONE WILLOW BRIDGE ROAD CONDOMINIUM Unit: 11 R200715477 DEC 06 -13 -07 8200715478 MAP 06 -13 -07 One Willow Bridge Road Condominium Association 1 Willow Bridge Road Vail CO 81657 TALISMAN Subdivision: Vail Village Filing 1, Block: 5 -E, Lot: K, AND Lot: L Part of BK -0217 PG -0417 DEC, BK -0625 PG- 0653 BSD 11- 22 -93, R754252 BSD 04- 11 -01, R901416 EAS 12- 22 -04, R901565 DEC 12 -22 -04 Talisman Condominium Association 62 E Meadow Dr. Vail, CO 81657 SOLARIS Subdivision: SOLARIS-VAIL Lot: 1 Solaris Condominium Association 141 E Meadow Drive, Suite 211 Vail CO 81657 VILLAGE CENTER ASSOCIATION Subdivision: Vail Village Filing 1, Block: 5E, Lot: K, Subdivision Vail Village Filing 1 Part of Tract C Part of BK -0238 PG -0324 Village Center Association 124 Willow Bridge RD Vail CO 81657 VILLAGE INN PLAZA Subdivision: VILLAGE INN PLAZA BK -0454 PG -0840 QCD 12 -10 -86 BK -0454 PG -0839 SWD 12 -10 -86 Village Inn Plaza Association 100 E Meadow Drive #31 Vail CO 81657