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Home My WebLink AboutVail Valley Medical Center 1989 . � ' � , � � q � 1 Q 1� ll �� vail valley 181 West Meadow Drive, Suite 100 Vail, Colorado 81657 ►'� medical center (303) 476-2451 11 September 1989 Kristen Pritz Senior Planner Town of Vail - Community Development 75 South Frontage Road Vail , CO 81657 Dear Kristen: Reference your letter of the 15 August 1989: 1. There are no provisions for live animal research within the project. 2. Please see letter from Harold Koonce, dated 6 September 1989, attached. 3. We have determined that it will not be necessary to move the access drive presently located at the west end of the Post Office. When our widening of South Frontage Road is complete, the grade of the access drive will not exceed 7%. 4. I am available to review the Doubletree agreement at your convenience. 5. The Town Council asked us to verify our claim that the proposed east-end parking structure will reduce hospital-related traffic on West Meadow Drive by 400-600 trips per day below current peak levels. We therefore conducted surveys on the following days: • Wednesday, 22 March 1989 • Thursday, 30 March 1989 • Friday, 7 April 1989 • Saturday, 15 April 1989 On these four days, we stopped every vehicle (including delivery vehicles) entering the hospital property between 7AM and SPM. Our attendants logged the time of arrival , time of departure, and purpose of the visit. (A sample sheet is attached) . Because 22 March is the peak day surveyed, I have used this day in my calculations. Ray McMahan Administrator � . .. , ' � � Kristen Pritz Town of Vail 11 September 1989 Page Two A summary of the total numbers of vehicles using the west lot, east lot and truck unloading zone follows: VEHICLES RECORDED DRS OFFICE EMPLOYEES HOSPITAL SP. MED. 22 MARCH 1989 WEST LOT 64 (49) 113 (84) 158 (122) 92 (70) EAST LOT 114 (88) 18 (11) 1 (8) 1 (1) DELIVERY TRUCKS 9 (9) i I SUB-TOTAL 178 (137) 131 (95) 168 (139) 93 (71) , ' GRAND TOTAL 570 (442) * (FIGURES IN PARENTHESIS) = AVERAGE NUMBER OF VEHICLES RECORDED OVER THE 4 SURVEY DAYS. Assuming that each of the 570 vehicles generated 2 trips on West Meadow drive, hospital traffic accounted for 1140 trips between 7AM and SPM. We currently use 69 parking spaces to support hospital and Sports Medicine patients/visitors. This has been previously computed as follows: In-patient beds 30 spaces Exam rooms - Emergency room 9 spaces Exam rooms - Sports Medicine 30 spaces 69 spaces , � ' � � Kristen Pritz Town of Vail 11 September 1989 Page Three The expansion now underway will require another 26 parking spaces for hospital and Sports Medicine services: In-patient beds 20 spaces Exam rooms - Dr Steadman 6 spaces 26 spaces Present plans call for the west surface lot to be used only by hospital and Sports Medicine patient/visitors. (Visitors to doctors' offices and all employees will use the parking structure) . The summary above shows that a total of 261 vehicles used West Meadow Drive on 22 March to use hospital or Sports Medicine services. Thus, a total of 2 x 261 = 522 trips were generated by these two uses, which are served by 69 spaces. It is reasonable to assume that expansion of the hospital will not change the mix or character of trips to and from the hospital . Thus, if each of the 69 presently available spaces generates 7.6 trips per day, the new total of 95 spaces will account for 722 trips per day. This projected figure is 418 trips per day less than the total of 1140 trips we observed on Wednesday 22 March. Sincerely, � Dan Feeney Pr ' r DF/bh Enclosures. � . - " � � �� vai) valley 181 West Meadow Drive, Suite 100 � • Vail, Colorado 81657 �� medical center (303) 476-2451 � September 6, 1989 Town of Vail Planning Department Attn: Kristan Pritz 75 S. Frontage Road Vail , CO 81657 RE: Vail Valley Medical Center Expansion/Condition of Approval Dear Kristan: The undersigned at the direction of the Board of Directors of the Vail Valley Medical Center states that the Vail Valley Medical Center will not remonstrate against a special development district for improvements to be located on the South Frontage Road or West Meadow Drive, Vail , Colorado. This letter is being given to satisfy the condition of approval from the Vail Town Council at their March 7th, 1989 meeting. If you have any questions please do not hesitate to contact me. ', Sincerely, II �� , ��-: � Harold W. Koonce President /ls Ray McMahan Administrator J . , . , . �UA 1 L UHLL�Y Nl��I C�L �r�ITE� PA�3DCIi'�G �URl1E'� WEST LOT ,. ._ . �;,�. C�RCL� T�1E AP°ROPR 1 flTE Tl t�E� 'I N', 'DUT', HND DESTi NATi aN 1 N TNE HA�AS :'��1 i iIf i Q700 - - - OS00 - - - 0900 - -� 000 - - - 1 1 QO - - - 1200 - - - 1300 -O - i 400 - - - 1500 - - - 1600 - - - 1700 - - - 1800 - - - ;, _ . - ' . . . ,. . .. ' . , ` ' � _ • ", . �.. . .` . . � :J� DOCTUAS OFFICES: Pharmacy Internei Med. Maunt�in Med. Jimmy Neug� Dr. Chow H05P ITAL: E.R. Administretion !i-Ray Petients Uisitors �''-_.__..,.. SPORTS MEDICIN� � EMPLOYEE � � f f � • �l" � vail valley 181 West Meadow Drive, Suite 100 � medical center �a��, Colorado 81657 (303)476-2451 27 June 1989 Kristan Pritz Senior Planner Town of Vail - Community Development � 75 S. Frontage Road West Vail , CO 81657 Dear Kristan: Following are our responses to issues raised at our meeting on 19 June 1989: • The four approved access permits from CDOH are attached. • Two plans showing improvements required of S. Frontage Road are attached. I have redlined these plans to delineate the construction responsibilities of the three property owners. • Our landscaping plans have been revised to incorporate changes requested by the DRB. We have also included a statement guaranteeing the survival of transplanted trees in the vicinity of the present Post Office/helipad access drive for a period of three years. Two sets of landscaping plans are attached. • During this summer and next, until the new parking structure is complete, we will continue our practice of requiring all employees to park in the public structure in Lionshead. During the 1989-90 ski season, while the construction is continuing, we will accommodate employee and patient parking as follows: Patient on-site 93 spaces Employees on-site 54 spaces Employees at Manor Vail 30 spaces Employees at a third lot 50 spaces TOTAL 227 spaces , Employees parked at the third lot, possibly Meadow Mountain, will be shuttled to and from the hospital . Please note that we are providing seven more spaces than our present Conditional Use Permit requires. • We understand that a TCO for additional space may be withheld until adequate parking is available to support that new space. However, we believe we have compelling reasons to defer the start of construction of our parking structure until next spring. This means that the parking structure will not be ready for use by 1 August 1990, the date we hope to occupy the new one and one-half floors of the hospital . However, we will present a plan to the Town � Council during the next month demonstrating how we can support the use of the additional space through a combination of on-site parking for our patients, Ray McMahan Administrator I t /"+r • � � � Kristan Pritz Town of Vail 27 June 1989 Page Two and off-site employee parking at Lionshead, pending completion of our own structure by the 1990-91 ski season. • It is true that the final floor plans indicate several additional assigned offices. We still believe, however, that our original estimate that the number of day-shift employees will increase by no more than 49 is accurate, or perhaps, slightly on the high side. Most of these 49 employees were not to be assigned to private offices, but rather, to various work areas. The creation of several additional offices was intended to result in a more efficient utilization of the staff. Most emphatically, it does not imply that more than 49 additional employees are required to staff the new areas. • A copy of the easement with the Doubletree, as well as the staging area allowed for construction of the parking structure, will be provided under separate cover. Sincerely, . 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S�t�-�c�.. � 1 C� ��, ( ��1�_ �I� . �i�C�� l� . ��m��- a ��S ��. � � 3��.�� -�� vail valley medical center FOR THE ATTENTION OF: KRISTEN PRITZ SENIOR PLANNER y TOWN OF VAIL (Under cover oi9g9jter of Transmittal dated 6 July � 181 West Meadow Drive Vail, Colorado 81657 (303) 476-2451 i ��' � � � � 1 . �� - �= �� c4�1�1� ,(�l�'�� ` (, �� 1�� OK- �^ � � �- ��?�-�� . ��i�l �r� �� cu..�\��_ �R��D �{ ��,-� 5� ��1 . �� -� --�I� � c�� . � � , ��"� l _ . �o � c� o�- 'M � a� � . — �c� �� ho�ue� � � o�Q.� �.-� �� _ � L�_ � � � �- I � �,,,. ��1� �. w�-��.�a�� ,�� _ � ;� � • �' � , � :. � � vail valley 181 West Meadow Drive, Suite 100 �� Vail, Colorado 81657 medical center ,3��, 4�6 .}�:,, 27 June 1989 �' Kristan Pritz Senior Planner Town of Vail - Community Development 75 S. Frontage Road West Vail , CO 81657 Dear Kristan: Following are our responses to issues raised at our meeting on 19 June 1989: � The four approved access permits from CDOH are attached. • Two plans showing improvements required of S. Frontage Road are attached. I have redlined these plans to delineate the construction responsibilities of the three property owners. • Our landscaping plans have been revised to incorporate changes requested by the DRB. We have also included a statement guaranteeing the survival of transplanted trees in the vicinity of the present Post Office/helipad access drive for a period of three years. Two sets of landscaping plans are attached. • During this summer and next, until the new parking structure is complete, we will continue our practice of requiring all employees to park in the public structure in Lionshead. During the 1989-90 ski season, while the construction is continuing, we will accommodate employee and patient parking as follows: Patient on-site 93 spaces Employees on-site 54 spaces Employees at Manor Vail 30 spaces Employees at a third lot 50 spaces TOTAL 227 spaces Employees parked at the third lot, possibly Meadow Mountain, will be shuttled to and from the hospital . Please note that we are providing seven more spaces than our present Conditional Use Permit requires. • We understand that a TCO for additional space may be withheld until adequate parking is available to support that new space. However, we believe we have compelling reasons to defer the start of construction of our parking structure until next spring. This means that the parking structure will not be ready for use by 1 August 1990, the date we hope to occupy the new one and one-half floors of the hospital . However, we will present a plan to the Town '�, Council during the next month demonstrating how we can support the use of the additional space through a combination of on-site parking for our patients, Ray McMahan Administrator � � I Kristan Pritz Town of Vail 27 June 1989 Page Two and off-site employee parking at Lionshead, pending completion of our own structure by the 1990-91 ski season. • It is true that the final floor plans indicate several additional assigned offices. We still believe, however, that our original estimate that the number of day-shift employees will increase by no more than 49 is accurate, or perhaps, slightly on the high side. Most of these 49 employees were not to be assigned to private offices, but rather, to various work areas. The creation of several additional offices was intended to result in a more efficient utilization of the staff. Most emphatically, it does not imply that more than 49 additional ' employees are required to staff the new areas. • A copy of the easement with the Doubletree, as well as the staging ; area allowed for construction of the parking structure, will be provided under separate cover. Sincerely, � D Project Man ger DF/bh I enclosures i I� cc: Ray McMahan Gary Murrain Jay Peterson �i R s Vail Valley Al�dical Center [�[�� ' �QQ��[�]p��Q[� :w 181 West Meadow Drive Vail, Colorado 81657 DATE �os �o. 6 July 1989 303-476-2451 ATTENTION Kristen Pritz RE: ro Town of Vail - Community Development 75 S. Frontaqe Road West Vail , CO 81657 _ WE ARE SENDING YOU q( Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints �Q Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order �1�grQement COPIES DATE NO. DESCRIPTION Si ned A reement with Doubletree Hotel , Grantin Easement and Tem orary Construction Area. 2 1 Jul 19 9 Revised Landsca in Plan, with Note Committing Hospital to Relocate Four S ruce Trees at Helipad to Location Designated by TOV. THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution � — ❑ As requested ❑ Retumed for corrections ❑ Return corrected prints ❑ For review and comment ❑ _ O FOR BIDS DUE _19 C PRINTS RETURNED AFTER LOAN TO US REMARKS This should fulfill your remaining requirements for issuance of a Building Permit. � , COPY TO � SIGNE • If enclosures sre not as noted, kindly notify us at onc . �. � , ,� ��" �;- � � D ��,. � . AGREEMENT � r . . THIS AGREEMENT is by and between Vail Holdings, a South Carolina general partnership, and Vail Clinic, Inc. , d/b/a Vail . . Valley Medical Center, 181 West Meadow Drive, Vail, Colorado and is dated as of June 29, 1989. . PREAMBLES . 1. Vail Valley Medical Center (Hospital) has proposed to the Town of Vail, Colorado to expand by constructing additional . Hospital facilities and a parking structure (the "Project") . As a condition of approval of the Hospital 's present expansion, the . Town of Vail may require that the Hospital provide direct access . - to the Hospital's present property from the South Frontage Road. . 2. Vail Holdings (Hotel) presently owns property located between Hospital's property and South Frontage Road, and is willing to grant an easement to the Hospital for the purpose of providing direct access between the Hospital property and South Frontage Road in return for other bargained for consideration. 3. Hospital is the fee owner of property as described on Exhibit A, attached hereto. 4 . Hotel is the fee owner of property as described on Exhibit B, attached hereto. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree: � . 1. Easement. a• Hotel will grant to the Hospital, by a separate express grant, on or before June 29, 1989, a perpetual easement and right of way in substantially the form of and as described in Exhibit C, which is attached to this Agreement and made a part hereof, (the "Easement") , for the purpose of providing direct access to the Hospital 's property from South Frontage Road and for the construction of a portion of Hospital 's parking - structure. The Easement shall allow vehicular and pedestrian access to the Hospital 's parking structure and property from South Frontage Road. b• Hospital shall pay all costs of surveying the . Hotel property as necessary for the definition and description of the Easement under this Agreement and all documentary and recording fees associated with the Easement. �• If Hospital 's parking structure is destroyed for any reason to such an extent as to not allow use of the parking spaces by the Hotel as provided in this Agreement, and the Hospital I fails to commence rebuilding or the restoration of the use of the structure within twenty-four (24) months of the date of ' � . , �*Y � � ��{ " '� 3estruction, this Agreement shall become null and void and the ., , Easement granted in paragraph 1(a) hereof shall terminate. 2• Apnrovals. Hospital will apply for and seek with all reasonable speed all governmental approvals necessary for the II implementation of the Hospital 's Project. 3. Parkina Structure - East End. a. As part of its Project, Hospital will construct a parking structure at the east end of its property and on the Easement property. Such structure will have on its northwest corner direct pedestrian and vehicular access to the Hotel 's existing grade level (elevation 8163 ' ) . The parking structure will have a staircase on its northwest corner permitting . pedestrian access between levels. The parking structure will be designed and built through the use of temporary "knock-out" panels - to allow vehicular access between the Hotel 's proposed parking structure and the Hospital 's parking structure at the underground level at elevation 8153 ' . Hotel shall pay for all costs associated with the removal of the knock-out panels at elevation 8153 ' and the costs of tie-in, weather-seal and all other steps necessary to facilitate or construct access from the Hotel 's parking structure at elevations 8153 ' and 8163 ' . Hospital may build up to four (4) levels below Hotel 's existing grade level at elevation 8163 ' . Underground levels below elevation 8153 ' may be used for additional parking or other Hospital uses. b. Hospital shall pay the cost of constructing, lighting, paving and landscaping the parking structure and the access to the parking structure from South Frontage Road. All title to the parking structure and all improvements constructed by the Hospital on the land subject to the Easement shall be vested in the Hospital, and Hotel shall have no rights of ownership in , such parking structure and improvements. Hospital shall have no rights of ownership in any land owned by the Hotel, except as set forth in the Easement. �. The parking structure will be constructed in general accordance with the schematic plans attached hereto as Exhibit F. d. Hospital shall pay the costs of operation, maintenance, snow removal and utilities for the new parking structure and access ramps to the structure. The Hospital shall maintain appropriate property, casualty and general liability •� insurance coverage on the parking structure and the Hotel shall be named or included as an additional insured on such policy or policies as its interest may appear. Hotel shall maintain appropriate property, casualty and general liability insurance coverage with respect to its property and operations. � - - 2 � � , � � . � • �1/'� ► ' � • ' � ".; � 4 . Parking Spaces. a. Due to the loss to the Hotel of twenty parking spaces because of the grant of the Easement, Hospital will provide twenty (20) parking spaces for the use and purposes of the Hotel, its designated employees or guests 24 hours per day in the new east parking structure described above. The 20 spaces shall be located contiguously in such part of the structure as Hospital shall designate as long as such parking spaces are located on levels 8153 ' , 8163 ' or 8173 ' . Hotel may place, at its sole expense, directional signage and parking identification signage. The quantity, size, color, design and placement of such signage shall be subject to the prior approval of the Hospital. b. In addition to the twenty (20) spaces identified above, and upon completion by the Hotel of its next expansion which requires additional parking, Hospital will provide 48 parking spaces in the new parking structure, subject to the conditions below, for the use and purposes of the Hotel, its designated employees or guests. � a. The 48 parking spaces described in subparagraph (b) shall be provided only from the hours of 5:30 p.m. until 6: 00 a.m. the following day, each day of the year. The parties agree that either Hospital or Hotel may seek an amendment of the Ordinance #7, Series of 1989 (Special Development District #14) of the Town of Vail governing Hotel ' s Special Development District to provide that the 48 parking spaces described in subparagraph (b) shall be provided only from the hours of 5: 30 p.m. until 3 : 00 a.m. the following day, each day of the year. Hotel hereby consents to such an amendment of such ordinance by the Town of Vail, Should the ordinance be so amended by the Town, this Agreement shall be amended automatically to conform thereto. . , d. The Hospital may require at its expense that access to all 68 spaces by the Hotel, its designated employees or guests, be by parking card, ticket, or other form of identification, authorization or validation, electronic or otherwise. e• The 48 parking spaces provided under subparagraph (b) may, at the Hospital 's option, be designated spaces within the parking structure, or may be at any location within the parking structure as long as such parking spaces are located on levels 8153 ' , 8163 ' or 8173 ' . f• The parking spaces shall be used only for the parking of automobiles, motorcycles, light trucks or vans, and shall not be used for storage or for the parking of large trucks, buses, limousines, boats, trailers, recreational vehicles, or any other oversized vehicle. g. Hotel shall not be entitled to any further or additional consideration, compensation or payment if any parking spaces provided by Hospital under this Agreement are not used. � 3 ' . ; , 1= � �� ✓ � ► . n � ' • ` ► � - h. Hotel shall not assign or convey the rights to use the parking spaces under this Agreement to any other person or entity; provided, however, that the rights to use the spaces subject to this Agreement may be assigned or conveyed to any purchaser or lessee of the Hotel or successor in interest to Hotel. i. Except as provided above, Hotel shall be • solely responsible for the designation or authorization of all persons, including employees and guests who may use the parking spaces. Under no circumstances shall such persons be considered invitees, express or implied, of the Hospital. j • When Hotel on-site parking is expanded to 193 spaces, the 20 spaces provided to the Hotel pursuant to paragraph 4 (a) of this Agreement shall be available for Hotel use each day from the hours of 5: 30 p.m. to 6: 00 a.m. the following day and shall be available for the Hospital 's use from 6: 00 a.m. to 5:30 p.m. daily. k. Hotel shall have the right to enter the eastend Parking Structure for the purpose of accessing all parking spaces licensed to Hotel under this Agreement. 1• This Agreement, and the Easement granted pursuant to paragraph 1 shall be terminated by Hotel if Hospital, or any subsequent owner of Hospital 's property or the eastend parking structure fails to make available to the Hotel, its heris, successors or assigns, the parking spaces described in paragraph 4, as provided in this Agreement. Before termination of the Agreement and the Easement as provided in this subparagraph (1) , Hotel shall give to Hospital and to the record owner(s) of the Hospital 's property and _ of the parking structure (if different from the Hospital) written notice of the failure to make parking spaces available as provided in this Agreement. Such notice shall be provided at lease 30 days in advance of the effective date of any such termination. ' 5• New Fronta e Road Access • Sta in Area. a• Hotel shall pay all costs of realignment of Hotel 's eastern entrance drive as shown on Exhibit D. b• Hospital shall pay all costs of access to its parking structure from South Frontage Road. . C• Hospital shall be permitted to use the portion of Hotel 's site not subject to the Easement as shown on Exhibit E, attached hereto, for construction staging, materials storage or other functions which are associated with and reasonably necessary for the construction of the parking structure and access ramp. Such area, as defined in the attached Exhibit E, which includes the existing and proposed east Hotel entrance drive will be made available starting April 15 and must be returned to functional and 4 ' � rrr' � - � � : �, �' ' � �inished form by November 15th of the same year. Throughout the , construction process, vehicular access must be maintained to the existing lower level of Hotel 's parking structure. The construction site will be enclosed by a painted plywood construction fence, minimum of 8 feet in height toward the Hotel and the Frontage Road. Hospital will provide signage directing Frontage Road traffic toward the Hotel 's existing north entrance. Both fence color and signage will be approved by Hotel, such approval not to be unreasonably withheld. � d• Upon completion of construction, the Hospital shall regrade the Hotel site directly adjacent to the parking structure and generally return it to usable condition, including, without limitation, such rough grading as is necessary to return it to the original grade level, allow proper site drainage, and to allow the construction of pedestrian and vehicular access to the ramp at elevation 8163 ' . Hospital shall resurface such area with asphalt paving. The Hospital shall be responsible for restoration of existing landscaping on the Hotel site of all areas disturbed by the construction process and shall also be responsible for completion and costs of the landscaping as required by the Town of Vail Design Review Board pursuant to the approval obtained by the Hospital. e• Hospital will coordinate with the Hotel so that any interruptions to the utility service of the Hotel necessitated by Hospital 's construction are minimized. 6• Future Construction of Hospital . a• Future Construction. Any future construction by the Hospital shall be in conformity with the attached Exhibit F and the key thereto. _ b• Skywalks. Hospital may, as part of any buildout or expansion of its improvements, with the prior written � consent of the Hotel, which consent shall not be unreasonably withheld, construct a skywalk or other walkway between enclosed portions of the building. Any such skywalk or walkway shall be harmonious with the architecture of the building, shall not totally obstruct any view corridor created by the height limitations set forth in Exhibit F and the key attached thereto and shall be placed at the south side of the Hospital 's building. �. Helipad. Hospital may construct a helipad for emergency transportation use on Area F as shown on Exhibit F. The deck of the helipad will not exceed elevation 8216 ' . In the event a helipad is constructed, Hospital may also build a stairwell and an elevator shaft, which shall have a maximum height of 15 ' above the top of the roof or maximum elevation of 8223 ' . 5 . •,� � � �,, . . � 7. outside Storaqe. Al1 outside storage shall be screened from view from the Hotel. 8. Landscauinq of Surface Parkincx. Future surface parking on Hospital 's property shall comply with applicable requirements of the Town of Vail for internal landscaping. 9. Mechanical Svstems. No mechanical equipment or equipment enclosure or screen shall exceed fifteen feet in height above the agreed upon roof elevations. The total area occupied by the rooftop mechanical equipment and enclosures shall not exceed ten percent of the related roof area. "Mechanical equipment" , for purposes of this Agreement, includes rooftop elevator equipment. Mechanical equipment shall be located at least 25 ' from the edge or parapet of the building. 10. Enforcement; Remedies. This Agreement may be enforced by an action for damages or specific performance, or both. � Either party may file suit in any court of competent jurisdiction to seek to enjoin any breach or threatened breach of this Agreement or for a declaration of its rights hereunder. Venue for such action shall be Eagle County, Colorado. 11. Time of the Essence. Time is of the essence of this Agreement. 12 . Governincr Law. This Agreement shall be governed by the laws of the State of Colorado. 13 . Severabilitv. Any provision in this Agreement prohibited by the laws of the State of Colorado or the United States of America or held to be invalid by a court of competent jurisdiction shall be ineffective only to the extent of such ' provision without invalidating the remaining provisions of this Agreement. 14 . Complete Agreement. This Agreement constitutes the complete agreement of the parties hereto, and may not be changed or modified except by another agreement in writing executed by both parties. 15. Rebresentations and Warranties. Each party represents and warrants to the other that it is duly empowered and has taken all steps necessary to execute this Agreement and that this Agreement is binding with respect to it. 16. Conditional Rescission of Acrreement. a• If the Town of Vail fails or refuses to finally approve the Hospital 's Project by June 1, 1989, or if any governmental body with jurisdiction over any aspect of the Project, the Easement, or access from or to the South Frontage Road fails or refuses to grant any approval required to carry out the purposes of this Agreement, or imposes any condition precedent to the granting of any approval which, in the opinion of Hospital, is onerous or unreasonable, or if J.R. Steadman, M.D. fails or refuses ' 6 _ I . , � , � � . , , .�, . � to sign an agreement by April 30, 1989 committing him to relocate his practice to Vail, or if, prior to the commencement of construction of this Project, any other person or entity with an interest in the Project imposes any condition to the construction or financing of the Project which, in the opinion of the Hospital, is onerous or unreasonable, Hospital may rescind this Agreement, and shall then take all steps necessary to release and terminate the Easement, and this Agreement shall become null and void. b• At any time prior to completion of its Project, Hospital may elect to abandon the Project, provided Hotel has not commenced construction on any expansion of the Hotel. In the event of abandonment, Hospital shall give written notice thereof to Hotel, and as soon thereafter as practicable, shall take all steps necessary to release and terminate the Easement, shall restore the land subject to the Easement to its original state, or � as close thereto as practicable, and this Agreement shall become null and void. . �• If Hospital has not commenced construction of the parking structure contemplated by this Agreement by June 1, 1991, this Agreement shall be null and void and the parties shall take all steps necessary to release and terminate the Easement, and to release and terminate any encumbrance created by this Agreement on any property. 17. License. This Agreement is intended to grant to Hotel a perpetual limited license to park vehicles; nothing in this Agreement shall be construed to be or to have granted to Hotel any interest in the real property of the Hospital or improvements located on the Easement property. a 18• Taxes. Hotel shall pay all real property taxes and assessments, if any, imposed with respect to the land subject to the Easement. Hospital shall pay all taxes and assessments, if any, imposed with respect to the improvements built on the land subject to the Easement. 1g. Recordation of Agreement. This Agreement or a document signed by the parties reflecting certain covenants herein may be recorded, at the Hotel ' s expense, in the office of the Eagle County Clerk and Recorder. 20. Elevations. All references to elevations in this Agreement are to elevations above sea level, and are based upon the first floor of the Hospital being elevation 8, 147 ' 4" above sea level. 21. No Obposition. Hotel agrees not to oppose, object li to, or delay in any way any future Hospital construction expansion if such expansion is in accordance with this Agreement. Hospital shall be entitled to an injunction or restraining order without necessity of bond in the event of a breach of this provision. 22 . 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' M^�', �, � n. : � y. � .t i s ;_, ?t�" .:�� . �� . v ,n �`� �«�ir ,,,;,,' • y � � � - ,f�,.� * �4 -. � .. ..., �. � ,� . ,wy�. +4.'„ +��A 1. . Y.�4 _ �. R ' � � � : � ... ' .' .,._:� �..t..,..r, �� ,.... P � „ . . :,� #��... ;, � � ., " " ..'�� • �:� . .r * � ��s`A�� 'xa�� . ,� .,F* . _ �� . .�_ � . . . W M�AD�VJ� � �„'.' � - , , - _ _> . �' . '.a' � "' � ,...,a.,. � , _-- � f . � ,_ �r; _ � , � . � ,,,- ,+�" ,f ".�. �. � � �' � ' � � � r � � �� ^ 1° . . � . .. : . _ . , , m ;r , ?y ; � ��` � �: • ,• ? . � -� � :� „_ �-,,'; � � . . y. r. ,. �:� . r.'r,#'. _. . �,a+, �,.. :`4 4�� 'S„_ � ��' '�+ � . '• ,� ,1R�, ( „�"�r :„*#r� �... c, ._ �}�`: . "C -r Ilf' �� J� �¢ �•� ' . d�. ' � � . , � �. �� ' � _ m +�4..&�. '� � • . � . � . '�. � � �- �a w tY�+•' �y-� _ � a,*7Y ��►, °o,.'+ ,�°� �� '� p .u. �� !. h , � _� [ �► . _ , . . ., , � + � �� i�� . �� /'� . -,�.� �+� ...� EXISTING ACCESS & CIRCULATION FI�uRE 2 : � ' ; i ! — • ,_4_ ' � � . .. . . . . �___�.-...,...— . . . ... ..... .. h . . .. . _ __.. ._ . .^�--r: .. � . . ' . .._ . __.. ._ . . . .... .. . . . _._ :.____. .... ._.._ ._�..____..._ __'_ ._._.. _ .__...___ . _ ._.._.'_ ' .._. . , , � , � � 23 . Vail National Bank Use of Parkinq Structure. Hotel acknowledges and consents to the Hospital constructing up to twelve (12) additional parking spaces in the east end parking structure and licensing such additional spaces to Vail National Bank for consideration which includes the redesign of the Bank's westernmost access so as to facilitate joint access to South Frontage Road with Hospital 's parking structure. Such spaces may be located on land subject to the Easement. Such spaces shall be specifically assigned to Bank or VNB Building Corp. and shall not affect Hotel 's parking under this Agreement. 24 . Notices. Any notice required to be given hereunder shall be deemed to have been given when mailed by certified mail, return receipt requested, postage prepaid, addressed as follows, or if hand delivered to the person(s) and addresses below: � If to Hospital: Vail Valley Medical Center 181 West Meadow Drive Vail, Colorado 81658 If to Vail Holdings: Vail Holdings c/o American Credit Services, Inc. 201 East Broad Street Rochester, NY 14604 With a Copy to: Jay Peterson, Esq. P. O. Box 3149 Vail, Colorado 82658-3149 or to such other addresses or person(s) as the parties may designate in writing. 25. Counter.parts. This Agreement may be executed in counterparts. VAIL CLINIC, INC. , d/b/a VAIL HOLDINGS, a South VAIL VALLEY MEDICAL CENTER Carolina general partnership, By VAIL VALLEY HOLDING COMPANY, a Colorado Corporation as General Partner .�( � � Y ' ' c '� By: Harold . Koonce President President Board of Directors Date: (�I Zq ��y Date• ,t ATT�;ST: ATTEST: � c '' -�" � � � ,• ��' J L' // �- C�—!�L' .�, , ; Sec tary � Secretary ' ti��Q.,_._,.,� � .,� iVotary Publ i c 8 _ �"�- My commission expires '� � �- . ' '� ` � � , � • . ,.,•� � 23 . Vail National Bank Use of Parkin Structure. Hotel � acknowledges and consents to the Hospital constructing up to twelve (12) additional parking spaces in the east end parking structure and licensing such additional spaces to Vail National Bank for consideration which includes the redesign of the Bank's westernmost access so as to facilitate joint access to South Frontage Road with Hospital's parking structure. Such spaces may be located on land subject to the Easement. Such spaces shall be specifically assigned to Bank or �7NB Building Corp. and shall not affect Hotel 's parking under this Agreement. 24 . Notices. Any notice required to be given hereunder shall be deemed to have been given when mailed by certified mail, return receipt requested, postage prepaid, addressed as follows, or if hand delivered to the person(s) and addresses below: � If to Hospital: Vail Valley Medical Center 181 West Meadow Drive Vail, Colorado 81658 If to Vail Holdings: Vail Holdings c/o American Credit Services, Inc. 201 East Broad Street Rochester, NY 14604 With a Copy to: Jay Peterson, Esq. P. O. Box 3149 Vail, Colorado 82658-3149 or to such other addresses or person(s) as the parties may designate in writing. 25. Counterparts. This Agreement may be executed in counterparts. VAIL CLINIC, INC. , d/b/a VAIL HOLDINGS, a South VAIL VALLEY MEDICAL CENTER Carolina general partnership, By VAIL VALLEY HOLDING COMPANY, a Colorado Corporation as General artner By: By: � �� Harold W. Koonce ��c��pre ident President Board of Directors Date: �+' Date: �, t�, 9 ��j' 7 ATTEST: ATTEST: i Secretary Secretary I 8 3 t ` � , , � � _ STATE OF ,�. � ) ss. COUNTY OF px,p� � The foregoing was subs ibed and sworn to before me by the person known to me o be �n� �,{ �c_ a V; p,-P�„�onton this ��'•day of � , 1989. of Vail Holdings, a South Witness my � and and official seal. Carolina general partnership. My commission expires: Q�/ /c�jC�(� , � ��' ' , ,.I,..li%. // �� L�l/�-l.=V=/Y M1- J,' Nota Public t ;� , , , � MONICA 7. 1lrILSON .. ', i NOtARY PUBLIC. State of N.Y., q4dn�ob Co � � � � ' My Commission Expires � � , ��. 19� �,. I 2 � �� , ' � � ��. � . ♦ LIST OF EXHIBITS Exhibit A Hospital 's legal description Exhibit B Hotel 's legal description Exhibit C Easement - Exhibit D Hotel 's access improvements Exhibit E Diagram of Hospital 's construction staging area Exhibit F General site plan � I 9 ' • � . � •.�� . ,� �,, . . � � . �.�:GAL DESCRIPTION � Al1 of Lot E and Lot F, Amended Map of Sheet 1 or 2 of VAIL VILLAGE, SECOND FILING, according to the map thereof recorded in the office of Eagle County, Colorado, Clerk and Recorder ,�. �... E�HIBIT6� 1 � . � , ..y ' ' � � .�a,.• � ,,� � . . . ,• rsu pRexzsc� ;il� � GOT 2 'a Bt,oC[ 1 � v�i��c:OdS!lLAO SECON� ►ILf!�iG + r . �CCOfIDll�G TO THE p(,.AT itECGROeb OCTOACR 1S, 1971 ZN rpp� 2j� � • � ��E ��d �S Il£CEp'Y'IQN NO. :176A0. rOr:Y OP VAIL cx•:cps . COMDOMItiIIFM UNS?S s-A, 5-8, 5-C, S-D, S-t, 6.,�, ��• �.{• ��n• . �•�, s..�. 6-C� t-H. 6-!. 6-.l, �-A. 7-0, �-C. 7-D. :- A1-�. �L�M�i�1i ELENLMTS VAIL INDt COfiD011INIUNB (FONILRLY��IC�i� • CO�FOOiM I.;Y W�6! AGG��R.pIMG 70 TNE PLAI' EiCCr,RDED IIAY 29, l47f Iil 600K j34 �T P� S72 Af 1t�CYr'TLOM f3� 130178 AND 2t1E PiKT A1�1'�iDItCIfT ��Qp�ptp ��R 25, 19�7 !�: bOCK 262 A7 fAG� 327 J►i RDC6JTIOM N0. ESK�2 Atip TNe CONDOMINIUM [•eCL:.R1►tION OF VAIi. IMM COI{pOXiEIIWIti LLCQ�t�p KAY 29. 197� I�Y KOOK 2)� �►T PA,GE a11 A� RCCtP?IJN M10. 10l77T, ' IIRST JJIEAOKKN? RCCOkpCD a"Gt1ST 6. :97{ �K P.00IC 21S A�' M�G[ 1�1 AL itLCEP".'TON VO 1319�0 aND S�CUND 1�KCNOIlE�7 '=�OtD�O MOVGIbLP !S, 19', � :N 60G'K 261 .�7 PAGE ��7 AS k�CGP'i'I011 114. 1Sy6b2, SUB�ECT 'f0 THE TERNS, COh9(TZOf�b, kC87RIC'fIQM6� AMD 87LPULATTONS fGerTA:t:e� TMER.�Iti. COt1MTY 0� FACLE �TJ►TC Ol COLORADQ � �XX�II�IT B . t:��]'��, r . � � . . �S�"�� . .. a SouthTCarolina e ene al ed June 29, 19�89, is from Vail Holdin s � g partnership ( Grantor") to Vail Clinic, . Inc. , d/b/a Vail Valley Medical Center, a Texas non-profit corporation ("Grantee") . Grantor, for and in consideration of the execution and performance by Grantee of an agreement dated as of June 29, lggg� and recorded in Book , Page Eagle County Clerk and Recorder ("Agreement��in the records of the Grantor and the Grantee, the sufficiency of whi h consideration is hereby acknowledged, does hereby grant and convey to Grantee an exclusive, perpetual and irrevocable easement and right-of-way over, across and through the real property described on Exhibit A ("Easement Property��) , attached hereto and made a part hereof subject to the terms and conditions of the Agreement, and provided, further, that this easement and all rights hereunder are subject to the terms of the Agreement. This easement is granted for the purpose of constructing, maintaining and using a vehicular parking structure, a vehicular and pedestrian access ramp and right-of-way, and to provide pedestrian and vehicular ingress and egress between South Frontage Road and the real property owned by the Grantee as ' described on Exhibit B ("Grantee 's Property ) , attached hereto and made a part hereof. The easement and right-of-way granted hereby shall run with the land and shall be appurtenant to Grantee' s Property. A transfer of legal title to Grantee 's Property shall automatically � transfer this easement and right-of-way to the transferee of Grantee�s Property. Grantor represents and warrants that it has full power and authority to grant this easement and right-of-way, that is well- seized of the Easement Property, and hereby warrants to Grantee all rights in such easement and right-of-way against all persons claiming under Grantor. GRANTOR: VAIL HOLDINGS, a South Carolina general partnership By VAIL VALLEY HOLDING COMPANY, - a Colorado Corporation, � a General Partner By. ��C , 1 Ji�r - President ATTEST:: • Secre ry 1 . - � � � . . _ . • , y`«-.��, : . � . � STATE OF . . � . . COUNTY OF ' ) ss. . � • . L. ) ' �. . The foregoing was su�bscribe and sworn to before me by the person known to me to be _ /�� JJ�� _ ��• day of ` � 1989. on this , Witness my hand and official seal. My commission expires: �if,e./�� J /Q 90 t ��,�.�� Y.�1��. � Notar� Public , � . hfONICA T. WILSON • NQTARY PUBLIC, State of N.Y., Monroz [:�: � • My Commizsion Expires ��'� � ,lg� > 2 � f �� - . _ . ._._ .. . .- �� . � .l . •' . EXHIBIT '�A�� TO EASEMENT DATED JUNE 29, 1989 VAIL HOLDINGS, A SOUTH CA OLINA GENERAL PARTNERSHIP . � VAIL CLINIC, INC. , D/B/A V AL VALLEY MEDICAL CENTER, A TE.YAS NON-PROFIT CORPORATION THAT PART OF LOT 2, BLOCK 1, VAIL LIONSHEAD SECOND FILING, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 221 AT PAGE 990 � IN THE OFFICE OF THE EAGLE COUNTY, COLOR.ADO, CLERK AND RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2 , THENCE, . ALONG THE SOUTHERLY LINE OF SAID LOT 2 , NORTH 79 DEGREES 41 MINUTES 13 SECONDS WEST 177 . 31 FEET; THENCE, DEPARTING SAID SOUTHERLY LINE, NORTH 49 DEGREES 10 MINUTES 00 SECONDS EAST 28• 72 FEET; THENCE NORTH 6 DEGREES 54 MINUTES 46 SECONDS EAST 50. 96 FEET; THENCE SOUTH 85 DEGREES 50 MINUTES 00 SECONDS EAST 53 .59 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 2 ; THENCE THE FOLLOWING TWO COURSES ALONG SAID NORTHEASTERLY LINE: 1. SOUTH 38 DEGREES 35 MINUTES 31 SECONDS EAST 21. 29 FEET 2 . 103 . 33 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 469 . 30 FEET, A CENTRAL ANGLE OF 12 DEGREES 36 � MINUTES 53 SECONDS, AND A CHORD THAT BEARS SOUTH 54 DEGREES 05 MINUTES 06 SECONDS EAST 103 . 12 FEET; THENCE, ALONG THE EASTERLY LINE OF SAID LOT 2 , �SOUTH 10 DEGREES 18 MINUTES 47 . SECONDS WEST 20. 42 FEET TO THE POINT OF BEGINNING. �, � i ; ; . ' _ •'� • . + � r„ +�a � r � ' M � si .,'" � . , � . ' • I,EGAL D �.SC_RTPTT()Tl } ; All of Lot E and Lot F, }�mended Map of Sheet 1 or 2 of VAIL VILLIiGE, SECOND FILING, according to the map ., thereof recorded in the office of Eagle County, Colorado, Clerk and Recorder .,� '� .•; �XIIIBIT B to �11S�ML•'NT FROM Vail floldings to Vail Clinic, Inc. , . � • ' . 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I��_ �l � VAIL VALLEY MEDICAL CENTEA •� �!�:�='� AODITION � � FISHER, REECE & JOHNSON � i � �'�:��I VAIL COL011400 �+ � 1� ARCH(TECTS nev.c�. co�o�.,no � �'��'�'I MASTER PLAN . . •• ' . - � . � ��,�,� � �t • ♦ a � �. REY TO PLAN EXHIBIT F rea A• Area A, as designated in the Plan, is intended to serve as a landscaped buffer area between the Hotel property and future improvements upon Hospital property. Significant landscaping for the purposes of buffering both vehicles and buildings shall be added in this area and shall be phased in accordance with adjacent improvements upon the property. If and when a building of any type is constructed with Area B, the grade within Area A shall be brought to the same level as the adjacent grade upon Vail Holdings' property and continued at - the same grade or higher, if necessary, to the top level elevation of the north wall of the building. The purpose shall be to provide � an "earth-sheltered" or buried effect of the north wall of the building. Area B• The elevation of any structure constructed with Area B shall not exceed 8155' . If such structure is a parking structure, the elevation of the parking deck will not exceed 8155 ' above sea level, not including screens or parapets. Area C: The elevation of any structure constructed within Area C shall not exceed 8165' if constructed as a parking garage, or 8178 ' if constructed as an office building, excluding mechanical equipment. Area D• The elevation of any structure within Area D shall not exceed 8208 ' . Area E: Any structure within Area E shall not exceed 8178 ' , provided that if Area F is built not to exceed 8194 ' , then Area E may be constructed not higher than 8194 ' . . Area F• Any structure within Area F shall not exceed 8208 ' . If Area E is built to exceed 8178 ' , then the maximum height within Area F shall not exceed 8194 ' . 10 - . � . ' � ' � • . ., ►,.„� �. �, �'' r r ,. . � Area G: The elevation of any structure constructed within Area G shall not exceed 8173 ; with the structure sloping down from 8173 ' in the north portion of Area G to 8168 ' in the south portion. These elevation limits shall not include any covered stairway or elevator shaft at the top level of the structure. Area H• ' The elevation of any structure constructed within Area H shall not exceed 8178 ' , with the structure sloping down from 8178 ' in the south portion of Area H to 8173 ' in the north. Area I• Area I shall be landscaped by the Hospital at the time of construction of improvements to Area G and shall be in accordance with plans approved by the Hotel and the Town of Vail. rea J• Area J shall be utilized for landscaping, surface parking, vehicular circulation, and the current ambulance garage. No improvements which increase the height of the current ambulance garage shall be permitted without consent of Vail Holdings. Al1 surface parking shall comply with applicable Town of Vail regulations regarding interior landscaping. 11 ' �v '�'' +.�r � � � -"� No/MP/Side: I70SF/175.89/R COLORADO,DEPARTMEN F HIGHWAYS �oca��urisd�ction: Town of vail ��'. .. . '. ,. . :'.� . .... . G* .:.. �.,��_: . . . STATE HIGI�tWAY;ACCESS PERMIT o�st�se�t�o��Patro�: 3oz�9 ,. _ . .. . � . ,._ . , ,. . _ . .�,.,. . . DOH Permit No.: 389035 _ - . , . . . . .: , , Permit Fee: �75.00 Date of Transmittal: 6-14-89 THE PERMITTEE; ,� .. VNB Building Corp: 108 South Frontage Road . .. . Vail, CO �81657 , � is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL QN UNIFORM TRAFFIC CONTROL DEVICES,Part Vl.The issuing authority,the Department and their duly appointed iagents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: , . , ., On the south side of Interstate 70 South Frontage Road, a distance of 4699 feet east from Mile Post 175 (108 South Frontage Road). ACCESS TO PROVIDE SERVICE TO: - Bank plus tenants. OTHER TERMS AND CONDITIONS: See Attached Sheet. : � 3 � MUNICIPALITY OR COUNTY APPROVAL . Required only when the appropriate local authority retains issuing authority. gy �X� Not Required Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permlttee shall notify A1 Pierce with the Colorado Department of Hlghways In at 328-6385 , at least 48 hours prior to commencing constructlon within the State Hlghway Hght-of-way. The person si in as the permittee s the owner or legal representative ot the properry served by the permi access and h v autho ity t the rmit and all iYs terms and conditions. Permittee( , Date / G� /'��.�i.�—= , � . This permi is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, VISION OF IGHWAYS ROBERT�LEV G CHIEF E I _ By (X) Date 6-22-89 Title �- (Date of issue) COPY DISTRIBUTION: Required; Make copies as neCe ry for; Previow Editiona are Obsolete and will not be u� 1.District(Originaq Local Authority Inspector DOH Fortn 10 2.Applicant MTCE Patrol Traffic Engineer g/8 3.Steff ROW __ -_, r �. �• Th�followin�par��raphs an p��tin�nlTilyhli�hts of the St�Hl��hway Acc�ss Cod�.�se an provid�d for your conrinlence Dut ' do not all�vlat�complisnc�with all sections of the Access Code.A copy ot th�8tat�Hi�hway Acc�sa Cod�la�v�ilabl�from your � local Issuiny authority(locai yor�rnment)or the State Depa�tment of Hl�liw�yt(D�p�rtm�nt).Wh�n thl�p�rmlt waa Issu�d�th� � fssuing authority made Ita decision based in part on information submitt�d by th�applicant,on th�acc�a cat��ory which Is k assigned to the highway,what altemative access to other public roads and streeta Is avallable,and safety and deslpn standards. � Changes in use or desfgn not approred by the permit or the issuing authority may cause the r�vocation or suspenalon of the permit. � I Appeals ' 1. Should the permittee or applicant chose to object to any of the terms or conditions of the peFmit placed therein by the � Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for � permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway � Commission,4201 East Arkansas Avenue, Denver,Colorado 80222.The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. f 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If ; agreement is reached,the Department,with the approval of the local issuing suthority(if applicable),may revise the permit ? accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the � original application, proposed design or access use will normally require submittal of a new application. ? � 3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be brought to the Commission within 60 days of transmittal of the permit. � . � x 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority � (under subsection 2.4),shall be filed with the local authority and be consistent with the appeal procedures of the local � authority. � 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk � � and Recorder. II Constructlon standards and requlrements 1. The access must be under construction within one year of the permit date.However,under certain conditions a one year : k. time extension may be granted if requested in writing prior to permit expiration. � 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall � be available for review at the construction site. Inspections will be made during construction. ' f 3. The access construction within highway right-of-way must be completed within 45 days. r � s 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of � the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing � authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access.Reconstruction or improvements to the access may be required when the permittee has r failed to meet required specifications of design or materials. If any construction element fails within two years due to � improper construction or material specifications,the permittee is responsible for all repairs. � 5. In the event it becomes r�ecessary to remove any right-of-way fence,the posts on eitherside of the access shall be securely � braced with an approve end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire � removed are Departme�f property and shall be turned over to a representative of the Department. � 6. A copy of the permit shall be available for review at the construction site.If necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a mannerthat shall not cause waterto enter onto the roadway,and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a ; permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and � atthe direction ofthe Department or utility company.Any damagetothestate highway orother public right-of-way beyond � that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform � Traffic Control Devices for Streets and Highways.This may include the use of sig�s,flashers,barricades and flaggers.This ; is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed i agents and employees shall be held harmless against any action for personal injury or property damage sustained by � reason of the exercise of the permit. III Changes in use and violatfons 1. If there are changes in the use of the access,the access permit-issuing suthority must be notified of the change.A change in t property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. ' 2. All terms and conditions of the permit are binding upon all assigns,successors-in-interest and heirs. 3. When a perm;itted driveway is constructed or used in violation of the Access Code,the local government or Department may obtain a court order to halt the violation.Such access permits may be,revoked by the issuing authority. IV Further information � 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a f` completed p�rmit application form with the issuing authority.The issuing authority may take action only on the request for improvement. Denial does not�evoke the existing access. _ 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though ; deposited on the access in the course ot Department snow removal operations. The Department shall maintain in r uni ncorporated areas the highway drai nage system,including those culverts under the access which are part of that system ; within the right=of-way. . __ - , �: 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit aigned and paid any required fees. 4. The Department may,when necessary for the improved safety and operation of the roadway, rebuild,modify,remove,or g redesign the highway including any auxiliary lane. " , 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written ' concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at '• � the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property � which results in a change in the type of driveway operation;or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions:The necessity for the relocation or reconstruction shall i � be det�rrn►K�d by cr��F«Hcy tH tNw rrto�qrrds NIt fet�N�n thq AonM��Cl4Nr: € ,� . = ' � "�� _ � PERMIT NO. 389035'' 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 36 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6�� lifts. 3 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 4 Approach and lanes shall be constructed per plans dated 3-7-89 last revision 3-9-89. No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class 1; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6" lifts; 1 - 6"lift; 2 - 1.5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1.5" of HBP. Permanent highway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NOTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 . 36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter onta �the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the latest manual Standard Specifications for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of 'this driveway and all expenses incurred for repair. Any damage to any existinc� Highway facilities shall be repaired prior to continuing other work. 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203 . 11 of the Division of Highways Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401. 17 of the division of Highways Standard Specifications. 10 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 11 Saw or score asphalt to assure a straight edge for patching. 12 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2� grade to ensure proper drainage control. 13 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be off the roadway BEFORE 3 :30 P.M. each day. PAGE N0. 1 ?` '"� No/MP/Side: I70SF/1� �.86/R . COLORADO DEPARTMEN F HIGHWAYS �oca��u�isdictio�: Town of vail STATE HIGHWAY ACCESS PERMIT o�st�se�t�o��Pat�o�: 302�9 DOH Permit No.: 389036 Permit Fee: $75.00 Date of Transmittal: 6-14-89 THE PERMITTEE; VNB. Building Corps Vail Va11ey ,Medical Center 108 South Frontage Road AND 181 West Meadow Drive 4�100 Vail, CO 81657 Vail, CO 81657 is hereby granted permission to construct and use an access to the state highway at the location noted betow. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at afl times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the south side of Interstate 70 South Frontage Road, a distance of 4541 feet east from Mile Post 175. ACCESS TO PROVIDE SERVICE TO: Existing Vail National Bank west access and Vail Valley Medical Center 177-space parking structure. OTHER TERMS AND CONDITIONS: See Attached Sheet. � I ._ MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By �X� Not Required Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation.The permitted access shalt be completed in accordance with the terms and conditions of the permit prior to being used.The permlttee shall noNfy A1 Pierce with the Colorado Department oi Highways in at 328-6385 at least 48 hours prtor to commencing constructlon wlthln the State Highway right-of-way. The person si ' g as the�Sermittee t be the owner or legal repre tative of the property served by the erm' ed access and ve I auth ity t pt th ermit and all iYs terms and pn�1i 'o s. 11►1, Permtttee( U��' ate �.�-- �� ` �1%1 ►�5�� , This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, DIVIStO OF HIGHWAYS ROBERT . CL E ER, CHI ENGINEER By (X) �� Date 6'��-89 Title (Date of issue) COPY DISTRIBUTION: Required; Make copies as nece�,aery for; Previous Editions are Obsolete and will not be we 1.Dlstrict(Original) Local Authority✓Inspector DOH Fortn 1C 2.Applicant MTCE Patrol Traffic Engineer 9/8 3.Staff ROW _ ______ � _____ ___ . . __- _ � ` ��,` . {: The following paragraphs are pertinenTRighlights of the State Highway Access Code.T`iese are provided for your convenir►nce buL: � do not alleviate compliance with all sections of the Access Code.A copy of the Stat�Hiqhway Acc�ss Code is awllabl�irom your � local Issuing authority(local yovernment)or the State Department of Hl�hways(Department).Wh�n thla permit was Issued,the � Issuing authority made Its decision based in part on information submitted by the applicant� on th�access catepory which is � aasigned to the highway,what alternative access to othe�pubiic roads and atreets Is available,and safety and design standards. ;' Changes in use or design not approved by the permit or the issuing authority may cause the revocatlon or suspension ot the permit. r I Appeals ` 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for # permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Commission,4201 East Arkansas Avenue,Denver, Colorado 80222.The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings,or negotiations with the Department regarding revisions and objections to the permit,if the permittee or applicant wishes to appeal the DepartmenYs decision to the Commission,the appeal must be = brought to the Commission within 60 days of transmittal of the permit. �, 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk and Recorder. II Construction standards and requlrements 1. The access must be under construction within one year of the permit date.However,under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. F 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall � be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. � 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing F authority and Department and included on the permit. The Department or issuing suthority may order a halt to any unauthorized use of the access.Reconstruction or improvements to the access may be required when the permittee has � failed to meet required specifications of design or materials. If any construction element fails within two years due to 4 improper construction or material specifications,the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence,the posts on eitherside of the access shall besecurely braced with an approve}�end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire � removed are Departmeht property and shall be turned over to a representative of the Department. t E 6. A copy of the permit shall be available for review at the construction site.If necessary,minor changes and additions shall be r ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate,or repair a traffic control device or public or private utilities for the construction of a permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond � that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed � agents and employees shall be held harmless against any action for personal injury or property damage sustained by ` reason of the exercise of the permit. e I I I Changes in use and vlolations 1. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in " property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a leftturn. < The issui ng authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may obtain a court order to halt the violation.Such access permits may be revoked by the issuing authority. IV Further information � 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority.The issuing authority may take action only on.the request for improvement. Denial does not revoke the existing access. 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though � deposited on the access in the course of Department snow removal operations. The Department shall maintain in � unincorporated areas the highway drainage system,including those culverts underthe access which are part of that system � within the rignt-of-way. { 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has � returned the permit signed and paid any required fees. 4. The Department may,when necessary for the improved safety and operation of the roadway,rebuild,modify,remove,or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written ;' concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at � the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation;or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shalt be�iP�s�"� +��b�� refR1'Anpd te��a o�aNaarda set tortll Ih th6 Acsa�ic�Cat�i. ��'• �- � _ � � ' PERMIT NO. 389036 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 40 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 3 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC lo. 4 Approach and lanes shall be constructed per plans dated 3-7-89 last revision 3-9=89. No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class 1; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6" lifts; 1 - 6"lift; 2 - 1.5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1.5" of HBP. Permanent highway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NOTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 .36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter ontoithe surface of the highway. All existing drainage structur�s shall be extended to accommodate all new construction and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the latest manual Standard Specifications for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of �his driveway and all expenses incurred for repair. Any damage to any existinc� Highway facilities shall be repaired prior to continuing other work. 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203 . 11 of the Division of Highways Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401. 17 of the division of Highways Standard Specifications. 10 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 11 Saw or score asphalt to assure a straight edge for patching. 12 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2� grade to ensure proper drainage control. 13 All excavations on Utility lines, culverts, other trenches . or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8:30 A.M. and all; equipment shall be off the roadway BEFORE 3: 30 P.M.� each day. � PAGE NO. 1 H No/MP/Side: I70SF/175.76/R COLORADO DEPARTMEN OF HIGHWAYS Local Jurisdiction: Town of vail STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 30219 DOH Permit No.: 38903 i Permit Fee: $75.00 Date of Transmittal: 6-14-89 THE PERMITTEE; Vail Holdings . c/o J. M. Holloway American Credit Services, Inc. 201 East Broad Street Rochester, NY 14604 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at alt times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the south side of State Highway 70 South Frontage Road, a distance of 4382 feet east from Mile Post 175. ACCESS TO PROVIDE SERVICE TO: 220 lodge rooms, 7400 sq.ft. of ineeting/conference space and 24 condos. OTHER TERMS AND CONDITIONS: See Attached Sheet. . � MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Not Required BY (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify A1 Pierce with the Colorado Department of Highways in at "��R-fi'��5 , at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have f II a thorit t accept the permi a d all iYs terms and conditions. �IAI� HOL� 6S, A 6enera� �artnersh�p Permittee(X) Date L " t� " y�� This permit is not valid until si ned by a dul authorized representative of the State Department of Highways. STATE OF LORA , D ION OF Hi� HWAYS ROBERT . EVE E , IEF EN - By (X) Date �'� Title District ROW Engineer . , Date of issue) � COPY DISTRIBUTION: Required; Make copies as nec�ary for; Previous Editions are Obsolete and will not be usec t.District(Original) �ocal Authority✓ Inspector DOH Form 10' 2.Applicant MTCE Patrol Traffic Engineer g/g� 3.Staff ROW . _ _ __ � � � � � . � , The following paragraphs are pertinent highlights of the State Highway Access Code.Th se are provided for your convenience but � do not alleviate compliance with all sections of the Access Code.A copy of the State Highway Access Code is available from your ; local issuing authority(local government)or the State Department of Highways(Depanment).When this permit was issued,the � issuing authority made its decision based in part on information submitted by the appiicant, on the access category which is f assigned to the highway,what alternative access to other public roads and streets is available,and safety and design standards. ' Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. I Appeais 1. Shouid the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittai of the permitfor permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Commission,4201 East Arkansas Avenue, Denver, Colorado 80222.The request shall include reasons for the appeal and may incl�de recommendations by the permittee or applicant that would be acceptable to him. 2 The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the original application, proposed design or access use will normaliy require submittal of a new application. 3. Regardless of any communications, meetings,or negotiations with the Department regarding revisions and objections to the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be brought to the Commission within 60 days of transmittal of the permit t 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shail be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk and Recorder. 11 Construction standards and requirements 1 The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. f 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. x 3 The access construction within highway right-of-way must be completed within 45 days. . 4 It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing t authority and Department and included on the permit. The Department or issuing authority may order a halt to any $ unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to k improper construction or material specifications, the permittee is responsible for all repairs. 5 In the event it becomes necessary to remove any right-of-way fence,the posts on eitherside of the access shall besecurely = braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire 4 removed are Department property and shali be turned over to a representative of the Department. 4 6 A copy of the permit shall be available for review at the construction site.4f necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7 The access shall be constructed and maintained in a mannerthat shall not cause waterto enter onto the roadway,and shall not interfere with the drainage system in the right-of-way. 6. 1Nhere necessary to remove,relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access,the work shali be accomplished by the permittee without cost to the Department or issuing authority,and at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform 7raffic Controi Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmfess against any action for personal injury or property damage sustained by � reason of the exercise of the permit. Iil Changes in use and violations 1. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in � property use which makes the existing access design or use in non-conformance with the Access Code or the terms and ` conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a leftturn. The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may t obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information � 1. When the permit holder wishes to make improvements to an existing legal access, he shatl make his request by filing a completed permit application form with the issuing authority.The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee,his hei rs,successors-in-i nterest,and assigns,of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in .' � uni ncorporated areas the highway drainage system,including those culverts under the access which are part of that system within the rir�nt-of-way. � 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has � returned the permit signed and paid any required fees. � 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild,modify,remove,or redesign the highway including any auxiliary lane. 5 Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property � which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or � reiocation is r.ecessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shall h- .� . . .. •cfo•��r� !a tH+c -.ta�� d t�S �i:i fUrtri nl tlid AcCE'SS GOUR � + • * ' � PERMIT NO. 389037 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 35 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 3 3 Also 3" of HBP in 2, 1. 50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 4 Approach and lanes shall be constructed per plans dated 3-7-89 last revision 3-9-89. No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class l; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6" lifts; 1 - 6"lift; 2 - 1.5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1. 5" of HBP. Permanent highway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NOTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 . 36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter onto� �the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the latest manual Standard Specifications for Road and Bridye Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203 . 11 of the Division of Highways Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401. 17 of the division of Highways Standard Specifications. 10 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 1I Saw or score asphalt to assure a strai��ht edge �or �atching. 12 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2% grade to ensure proper drainage control. 13 Al1 excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8 : 30 A.M. and all equipment shall be off the roadway BEFORE 3 : 30 P.M. each day. PAGE NO. 1 f 1' ' �� H No/MP/Side: I70SF/175.76/R COLORADO DEPARTMEN�OF HIGHWAYS Local Jurisdiction: Town of vail STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 30219 DOH Permit No.: 389038 Permit Fee: $75.00 Date of Transmitta►: 6-14-89 THE PERMITTEE; Vail Holdings c/o J. M. Holloway American Credit Services, Inc. 201 East Broad Street Rochester, NY 14604 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and tlaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the south side of Interstate 70 South Frontage Road, a distance of 4013 feet east from Mile Post 175 (250 South Frontage Road West). ACCESS TQ PROVIDE SERVICE TO: One hotel plus private condos (24), service only. OTHER TERMS AND CONDITIONS: See Attached Sheet. . � MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Not Required C3y (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify A1 Pierce with the Cotorado Department of Highways in at 328-6385 at least 48 hours prior to commencing construction within the State Highway right-oi-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authorit to accept the permit and all iYs terms and conditions. VAIL HO D NGS A General Partnership ;, .; � Permittee(X) n Date '� a�' � ` Ro rt . Culm, Vice President This permit is not valid until signed by a duly a thorized representative of the State Department of Highways. � STATE OF COLORADO DIV ON OF HIG � AYS � ROBERT C VENG , - EF ENGIN R ; :' �-- i By (X) � �� Date � � � Title District ROW Engineer � (Dat of issue) COPY DISTRIBUTION: Required; Make copies as necessary for; Previous Editions are Obsolete and will nct be usec 1.District(Original) Local Authority�' Inspector DOH Form 101 2.Applicant MTCE Patrot Traffic Engineer g�g� 3.Staff ROW Y s � The followin ara ra hs are ertinen�hlf hts of the State Hi hwa Access Code.T�e are provtded for your convenience but s 9P 9 P P 9 9 9 Y , do not alleviate compliance with all secttons of the Access Code.A copy of the State Highway Access Code is available from your local tssuing authority(local government)or the State Department of Highways(Department).When this permit was issued,the � issufng authority made its decision based in part on information submitted by the applicant, on the access category which fs assigned to the highway,what alternative access to other public roads and streets is available,and safety and design standards. � Changes in use or design not approved by the permit or the issufng authority may cause the revocallon or suspension of the permit. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the pesmit placed therein by the Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway = Commission,4201 East Arkansas Avenue, Denver, Colorado 80222.The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. ' 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the original application, proposed design or access use will normally require submittal of a new apptication. � 3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to ' the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be '£ brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local ;' authority. 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk and Recorder. II Construction standards and requlrements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. $ 3. The access construction within highway right-of-way must be completed within 45 days. . 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.Alf posts and wire � removed are Department property and shall be turned over to a representative of the Department. k , 6. A copy of the permit shall be available for review at the construction site.If necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7 The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall not interfere with the drainage system in the right-of-way. z 8 Where necessary to remove, relocate,or repair a traffic control device or public or private utilities for the construction of a F permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. II I Changes in use and violations � If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and ` conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; an i ncrease in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. 2 All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. � 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may � obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority.The issuing authority may take action only on the requestfor improvement. Denial does not revoke the existing access. 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for 4 meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though � deposited on the access in the course of Department snow removal operations. The Department shall maintain in � unincorporated areas the highway drainage system,including those culverts under the access which are part of that system within the right-of-way. u' � 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has � returned the permit signed and paid any required fees. 4. The Department may,when necessary for the improved safety and operation of the roadway, rebuild, modify,remove,or redesign the highway including any auxiliary lane. 5. Any driveway, wtiether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at ;: ihe property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation;or at the expense of the Department if the reconstruction or x relocation is necessitated by changes in road or traffic conditions.Th�n�ecessity for the relocation or reconstruction shall �,�:'",. F�>r�°':�r,�� hv fpfa,rPn('P!rr t�h..�`.��:��'"2r.:a5 sct aUr.tt� �n tYlt AcCBSS o �. . : � � PERMIT NO. 389038 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 24 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2 , 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 3 3 Also 3" of HBP in 2 , 1.50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 4 Approach and lanes shall be constructed per plans dated 2-25-89 . No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class 1; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6" lifts; 1 - 6"l.ift; 2 - 1. 5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1. 5" of HBP. Permanent highway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NOTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 . 36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter onto the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction� and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways ir, the latest manual Standard Specifications for Road and Bridge Construction. The property owner is responsible for anl� utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203 . 11 of the Division of Highways Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401. 17 of the division of Highways Standard Specifications. 10 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or remov`d. 11 Saw or score asphalt to assure a straight edge for patching. 12 The first 20 feet beyond the closest hiqhway lane, including speed change lanes, shall slope down and away from the highway at a 2� grade to ensure proper drainage control. 13 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8: 30 A.M. and all equipment shall be off the roadway BEFORE 3 :30 P.M. each day. PAGE NO. 1 � ��-- _ . "�- -' H No/MP/Side: I70SF/175.89/R COLORADO.DEPARTME OF HIGHWAYS � Local Jurisdiction: Town of va�l ��. , . . ,, . :,:. . STATE HIGHWAY ACCESS PERMIT� � � � oist/Section/Patrol: 30219 _ _ . - � ? . ..�,�: . . _ _� ..�::� . .., . . . DOH Permit No. 389035 ... . �, . . ;� . . . . . �., � �� .,� :;.... . , ' PermitFee: , . $75.00 � . , _ . Date of Transmittal: 6-14-89 THE PERMITTEE; . . . , , . � -, . . � . . .�, : �. �.. . ti� n- . , . � - � . irrrB Bu�ia��g cor�. . �- , � . . ' , • , � : •. 108 South .Frontage Road._ ,,,� . . . : Vail, CO '81657 �� : �r.;:. :. .i�. .. , � ' .... . : ��:. , . � . . . � �'A� :(��.. .�� 'li! . - . �� . � . . � � , . . ` :� ' �. .. I..-�!� . \�., i.. . � , �. . .. .. � . - ' ' - � .. ". ' .� . .. .. . .� . � . � ' . �' . is hereby granted permission to construct�and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway'Access Code and listed attachments. This permit may be revoked by the issuing ,authority if at any time the permitted access and its use violate any of the terms and conditions of this pe�mit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at all times during access ��construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,Part.Vl.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: . _ , „ - .. , , , �. . ..._ , ... . . - . .�. . ; On the south side of Interstate 70 South Frontage Road, a distance of 4699 feet east from Mile Post 175 (108 South Frontage Road). ' �', �r: � , , . . . , •�. .. ,,;� . ., ....,.>�.. .. .. ,, :, , . . ; • . ACCESS TO PROVIDE SERVICE TO: � ....,� �,;. :; ; .. ; �: , . Bank plus tenants.� ' '`'-�"�� ;n.•- ., ... � -c• , . . � , ;1��.�".I ' . - .�.i:� . .. � ..,. � � � . � . . . . . . � :� , � . . . . .. . . .. • . � ,��. . .. . . . . . . . ... . OTHER TERMS AND CONDITIONS: . :. ,. : .. ., �,..., ,. , . � .. �• � ' -� See Attached Sheet. - : � � , . , . . , _., • , < <. !�:,. ,;. -:� � . , , .. , .. , .. ,:-;-, �; ,. . . �"<'�.� ; . . . .. , ir'i }? � . . . . , . _ � . ; . ..:} ' . . .. . . .. . � .. - ' � :J..'� � . .... , _ ' . . ' . . . . - ' .. . ' . . . ' .. �. . , .. .. � � . . . . . -. � � .i . ' . . � .. � . � . . . . . , .. , � , . . � � ' � . . � � ' .. � �.. . , r.' .� .. " . . ... . . . � . . . . . , . . �-.. . MUNICIPALITY OR COUNTY APPROVAL . Required only when the appropriate local authority retains issuing authority. By (X) Not Required � Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used.The permlttee shall notify A1 Pierce with the Colorado Depa�tment of Highways in at_ 328-6'�85 � at least 48 hours prior to commencing constructlon withln the State Hlghway right-oi-way. The person�si in as the permittee s � the owner or legal representative of the properry served by the permi d access and h v autho ity t the ermit and all iYs terms and conditions. „ Permittee( , Date / G.�i /'�i�--= � � . This permi is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, VISION OF HIGHWAYS ROBERT L�LEV G CHIEF E I - • � gy�x� �V 6-22-89 _ Date Title . , (Date of issue) COPY DISTRIBUTION: Hequired; .. Make copies as necessary for; Previous Editions ere Obsotete and will not be u�e 1.District(Original) local Authority Inapector ' DOH Fortn 10—� ,' 2.Applicant✓ MTCE Patrol � Trettic Engineer - • ' ,��j� ��,; _ . �8� 3.Staff ROW ' _ � � . t The following paragraphs an p��tln�n�hlights ot the State Hi h ay Access Code.T�se an provid�d for your cominience aut � �: do�ot alleviate compllanca with all aectlons of the Access Code.A copy of th�StaN Hl�hway Acceas Cod�I�awliable from your � local iasuing authority(local government)or the State Depa�tment of Highways(Department).Whsn this permlt was luued,the � Issuing authority made Its decislon based In part on informatlon submitted by the applicant,on th�scc�as category which Is assigned to the highway,what altemative access to other publlc roads and streets Is available,and safety and design standards. � Changes in use or design not approved by the permit or the isauing authority may cause the revocatlon or suspenslon of the permit. �; ; I Appeals � 1. Should the permittee or applicant chose to object to any of the terms or conditions of the peFmit placed therein by the �; Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for ,; permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway � Commission,4201 East Arkansas Avenue, Denver,Colorado 80222.The request shall include reasons for the appeal and 5 may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit � accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to ` the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be brought to the Commission within 60 days of transmittat of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority x (under subsection 2.4), shall be filed with the local authority end be consistent with the appeal procedures of the local � authority. ' � ..__..._.. ' ._'�.' . � , � . .. .. �. . . . �. 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk � and Recorder. II Construction standards and requlrements 1. The access must be u�der construction within one year of the permit date.However,under certain conditions a one year � time extension may be granted if requested in writing prior to permit expiration. _ � 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shaU ` be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. � � 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of r the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing ` � authority and Department and included on the permit. The Department or issuing authority may order a halt to any F unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to °: improper construction or material specifications,the permittee is responsible for all repairs. ' 5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely braced with an approve end post before the fe�ce is cut to prevent any slacking of the remaining fence.All posts and wire removed are Departme�t property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site.If necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. , r: 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall � not interfere with the drainage system in the right-of-way. 4 8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a � permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and � at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond ; that which is allowed in the permit shall be repaired immediately. ; � 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform � Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This � is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority,the Department and their duly appointed � agents and employees shall be held harmless against any action for personal injury or property damage sustained by � reason of the exercise of the permit. ; � III_ Changes in use and violatfons = 1. If there are changes in the use of the access,the access permit-issuing authority must be notitied of the change.A change in � property use which makes the existing access design or use in non-conformance with the Access Code or the terms and � conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; � an increase in vehicular volume by 20 percent,or an increase by 20 percent ot a directional characteristic such as a left turn. � ' The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. � � 2. All terms and conditions of the permit are binding upon all assigns,successors-in-interest and heirs. � � � 3. When a permitted�driveway is constructed or used in violation of the Access Code,the local government or Department may � obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further Informatlon . . • .. ' 6: 1. When the permit,holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority.The issuing suthority may take action only on the request for � improvement. Denial does not revoke the existing access. , �, , ; 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for � meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though �; deposited on the access in the course of Department snow removal operations. The Department shall maintain in � unincorporatedareasthehighwaydrainagesystem,includingthoseculvertsundertheaccesswhicharepartofthatsystem � within the rightiof-way. . __ _ s � � fr ` 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has � " returned the permit signed and paid any required fees. � • � 4. The Department may,when necessary for the improved safety and operation of the roadway,rebuild,modify,remove,or �` redesign the highway including any auxiliary lane. " ' 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department,with written � concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at � ' the property owner's expense if the reconstruction or relocation is necessitated by a change in the use oi the property �. ;.� which results in a change in the type of driveway operation;or at the expense of the Department if the reconstruction or s ' relocation is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shall be determihMd w'��r�a�aH`p+wµ+r�►R.+da►ds s��for�n In th�Aaae�r potl�, � y `-a .l . : . .,.� � • PERMIT NO. 389035" 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 36 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 3 3 Also 3" of HBP in 2, 1. 50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 4 Approach and lanes shall be constructed per plans dated 3-7-89 last revision 3-9-89. No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class 1; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6" lifts; 1 - 6"lift; 2 - 1.5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1.5" of HBP. Permanent highway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NoTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 .36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter onto �the surface of the highway. Al1 existing drainage structures shall be extended to accommodate all new construction and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the latest manual Standard Snecifications for Road and Bridae Construction. The property owner is responsible for any utilities disrupted by the construction of `this driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203. 11 of the Division of Highways Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401. 17 of the division of Highways Standard Specifications. l0 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. - 11 Saw or score asphalt to assure a straight edge for patching. 12 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2� grade to ensure proper drainage control. 13 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8: 30 A.M. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day. PAGE NO. 1 ,� ' �y� H No/MP/Side: I70SF/175.86/R .-� COLORADO DEPARTMEN OF HIGHWAYS �oca��risdictio�: Town of vail STATE HIGHWAY ACCESS PERMIT - o'St�se°`'°"�Pat�°': 30219 . DOH Permit No.: 389036 � Permit Fee: $75.00 Date of Transmittal: 6-14-89 THE PERMITTEE; VNB._Building Corps Vail Valley Medical Center 108 South Frontage Road AND 181 West Meadow Drive 4�100 Vail, CO 81657 Vail, CO 81657 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at alI times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the south side of Interstate 70 South Frontage Road, a distance of 4541 feet east from Mile Post 175. ACCESS TO PROVIDE SERVICE TO: Existing Vail National Bank west access and � Vail Valley Medical Center 177-space parking structure. OTHER TERMS AND CONDITIONS: ' See Attached Sheet. , � .-_ MUNICIPALITY OR COUNTY APPROVAL � Required only when the appropriate local authority retains issuing authority. gy �X� Not Required Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used.The permlttee shall notHy A1 Pierce with the Colorado Department of Hlghways in at 328-6385 at least 48 hours prior to commencing construction withln the State Highway right-of-way. The person si ' g as the permittee t be the owner or legal repre tative of the property served by the erm' ed access and ve I auth ity t pt th ermit and all it's terms and pn�i 'o s. 11 i1 Permittee( U�� ate �''�' �� I'�%11ns�� This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, DIVISIO OF HIGHWAYS ROBERT L. CL E ER, CHI ENGINEER BY (X) �- Date 6-22-89 Title - . . (Date of issue) COPY DISTRIBUTION: Required; Make copies as necessary for; Previous Editions are Obsolete and will not be ux 1.District(Originaq Local Authority Inspector DOH Form tt 2.Applicant✓ MTCE Patrol Traffic Engineer gye 3.Staff ROW ..z— — —-�A ,— � r � � e: The following paragraphs are pertinen�ghUghts oi the State Highway Access Code.�se are provlded for yourconrenl*nce but� , � do not alleviate compliance with all sections of the Access Code.A copy oi the State Highway Access Code is avallable(rom your �' local lasufng authority pocal government)or the State Department of Highways(Department).When thb permit wss luued,the �, issuing authority made its declsion based in part on informatlon submitted by the appiicant� on the access cateyory which is assigned to the highway,what alternative access to other public roads and streets is available,and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. � �: I Appeals � 1. Should the permittee or applicant chose to object to any of the terms or conditions of the pefmit placed therein by the t. Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for � permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway ; Commission,4201 East Arkansas Avenue, Denver, Colorado 80222.The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. � i 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If # agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revisethe permit � accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the i original application, proposed design or access use will normally require submittal of a new application. � 3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to � the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be � brought to the Commission within 60 days of transmittal of the permit. t 4. Any appeal by the applicant or permittee of action by the local issuing suthority when it is the appropriate local authority � (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. ; 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk and Recorder. _ % II Construction standards and requirements ; 1. The access must be under construction within one year of the permit date.However, under certain conditions a one year � time extension may be granted if requested in writing prior to permit expiration. € 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall � be available for review at the construction site. Inspections will be made during construction. � :' 3. The access construction within highway right-of-way must be completed within 45 days. � � 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of f: the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing # authority and Department and included on the permit. The Department or issuing authority may order a halt to any ' � unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to : improper construction or material specifications,the permittee is responsible for all repairs. fl 5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely � braced with an approve end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire � removed are Departme�f property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site.If necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. . ; 7. The access shall be constructed and maintained in a manner that shall not cause waterto enter onto the roadway,and shall # not interfere with the drainage system in the right-of-way. � 8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a � permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and ; at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond ; that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform � Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This = is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed � agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III_ Changes in use and violatlons 1. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in � property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; � an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn. � The issuing authority will review the original permit;it may decide it is adequate or request that you apply fora new permit. i 2. AU terms and conditions of the permit are binding upon all assigns,successors-in-interest and heirs. ; 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may ` obtain a c.ourt order to halt the violation.Such access permits may be revoked by the issuing authority. s IV Fu►ther information � 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority.The issuing authority may take action only on the request for ; improvement. Denial does not revoke the existing access. 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for ` meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though � deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporatedareasthehighwaydrainagesystem,includingthoseculvertsundertheaccesswhicharepartofthatsystem f ; within the rignt-of-way. � 3. The issue date ot the permit is the date the Department representative signs the permit which is after the permittee has ° returned the permit signed and paid any required fees. �. � 4. The Department may,when necessary for the improved safety and operation of the roadway, rebuild,modify,remove,or �' retlesign the highway including any auxiliary lane. �' 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written � concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at � the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation;or at the expense of the Department if the reconstruction or � relocation is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shaU � be determin�d ay rPto.or,Pa te cwe einr�derds set tarth in the Acce��Cotl�, � � . , ` ^- � �- - ' ` • PERMIT NO. 389036 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 40 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 3 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 4 Approach and lanes shall be constructed per plans dated 3-7-89 last revision 3-9-89. No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class 1; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6" lifts; 1 - 6"lift; 2 - 1.5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1.5'� of HBP. Permanent highway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NoTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 .36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter ontoithe surface of the highway. All existing drainage structur@s shall be extended to accommodate all new construction and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the � latest manual Standard Specifications for Road and Bridqe Construction. The property owner is responsible for any utilities disrupted by the construction of �his driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203 .11 of the Division of Highways Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401.17 of the division of Highways Standard Specifications. 10 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 11 Saw or score asphalt to assure a straight edge for patching. 12 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2� grade to ensure proper drainage control. 13 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8: 30 A.M. and all equipment shall be off the roadway BEFORE 3 : 30 P.M.� each day. " PAGE NO. 1 ...,..,� • . COLORADO DEPARTMEN F HIGHWAYS Local Jur sd ction: TownFof 7Vai1/R STATE HICHWAY ACCESS PERMIT Dist/Section/Patrol: 30219 DOH Permit No.: 38903 i Permit Fee: $75.00 Date of Transmittal: 6-14-89 THE PERMITTEE; Vail Holdings . c/o J. M. Holloway American Credit Services, Inc. 201 East Broad Street Rochester, NY 14604 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the south side of State Highway 70 South Frontage Road, a distance of 4382 feet east from Mile Post 175. ACCESS TO PROVIDE SERVICE TO: 220 lodge rooms, 7400 sq.ft, of ineeting/conference space and 24 condos. OTHER TERMS AND CONDITIONS: See Attached Sheet. ' MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Not Required By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used.The permittee shall notify A1 Pierce with the Colorado Department of Hlghways in at '�7R-fi'iRs at least 48 hours prior to commencing construction within the State Highway right-of-way. —' The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have f II authorit t accept the permit and all it's terms and conditions. �IAIL HOL� GS, A General Partnership Permittee(X) _ t r_ y ' Date L �� This permit is not valid until si ned by a dul authorized representative of the State Department of Highways. STATE OF LORA , D ION OF 1-�r HWAYS ROBERT . EVE E , IEF ENC�1 - By (X) / Date �`3 � Title District ROW Engineer � ; Date of issue) ; COPY DISTRIBUTION: Hequired; �%� Make copies as necessary for, Previous Editions are Obsolete and w�ll not be usec 1.District(Original) Local Authority Inspector DOH Form 10" 2.Applicant.� MTCE Patrol Traffic Engineer 9�a 3.Staff ROW . � . � � � The followin ara ra hs are ertinenl�i hli hts of the State Hi hwa Access Code. ese are rovided for our convenlence but � 9P 9 P P 9 9 9 Y P Y do not alleviate compliance with atl sections ot the Access Code.A copy of the State Highway Access Code is avallable trom your � local issuing authority(local government)or the State Department of Highways(Department).When this permit was Issued,the � issuing authority made its decision based in part on inbrmation submitted by the applicant, on the access category which is � assigned to the highway,what attemative access to other public roads arid streets is available,and satety and design standards.� � Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. �` f I Appeals � 1. Shoutd the permittee or applicant chose to object to any of the terms or conditions of the permit p�aced therein by the � Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for ry permittee signature. The request for the hearing shall be filed in writing and submitted to the Cotorado Highway Commission,4201 East Arkansas Avenue, Denver, Colorado 80222.The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. � 2. Tne Department may consider any objections and requested revisions at the request of the applicant or permittee. If � agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit � accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings,or negotiations with the Department regarding revisions and objections to the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be ;. bro�ght to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority � (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local � authority. � a 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk and Recorder. II Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year � time extension may be granted if requested in writing prior to permit expiration. t � 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall ;, be available for review at the construction site. Inspections will be made during construction. >' 3. The access construction within highway right-of-way must be completed within 45 days. , 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of � the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing € authority and Department and included on the permit. The Department or issuing authority may order a halt to any � unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has � failed to meet required specifications of design or materials. If any construction element fails within two years due to � improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site.If necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. _ 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall �: noi interfere with the drainage system in the right-of-way. � 8. Where necessary to remove, relocate,or repair a traffic control device or public or private utilities for the construction of a permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and ;: at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond � that which is allowed in the permit shall be repaired immediately. � 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform i Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This � is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed s agents and employees shall be held harmless against any actlon for persona► injury or property damage sustained by reason of the exercise of the permit. III Changes in use and violations � 1. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in €:' property use which makes the existing access design or use in non-conformance with the Access Code or the terms and ' conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; R ; an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left tum. �: The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. > 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. � � 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a E; completed permit application form with the issuing authority.The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. � � ? 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for � � meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though fi deposited on the access in the course of Department snow removal operations. The Department shall maintain in .' � ' unincorporated areas the highway drainage system,including those culverts underthe access which are part of that system � within the rignt-of-way. � 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has ` ° returned the permit signed and paid any required fees. � i � 4. The Department may,when necessary for the improved safety and operation of the roadway, rebuild,modify,remove,or � i redesign the highway including any auxiliary lane. i � ' S. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written � ` concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at � the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property � which results in a change in the type of driveway operation;or at the expense of the Department if the reconstruction or � relocation is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shall k � r.;. ,• • , ... v.'� hv �rfPfP!lf P t,-i �hm r�-:+��,�.�:c, SE'C iJi lfl Ifl I1�0 HCCeSS COOP.. .. 1 � � w • � PERI�IIT NO. 389037 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 35 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 3 3 Also 3" of HBP in 2, 1. 50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 4 Approach and lanes shall be constructed per plans dated 3-7-89 last revision 3-9-89. No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class l; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6" lifts; 1 - 6"lift; 2 - 1.5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1.5" of HBP. Permanent hic�hway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NOTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 . 36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter onto� 'the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the latest manual Standard Specifications for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. . 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203 . 11 of the Division of Highways � Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401. 17 of the division of Highways Standard Specifications. 10 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 1i Saw or score asphalt to assure a strai��hL edge �or patching. 12 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2% grade to ensure proper drainage control. 13 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8: 30 A.M. and all equipment shall be off the roadway BEFORE 3 : 30 P.M. each day. PAGE NO. 1 ,.. ._ �...� ` � No/MP/Side: I70SF/175.76/R COLORADO DEPARTMEN F HIGHWAYS Local Jurisdiction: Town of vail STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 30219 DOH Permit No.: 389038 � Permit Fee: $75.00 Date of Transmittal: 6-14-89 THE PERMITTEE; Vail Holdings c/o J. M. Holloway American Credit Services, Inc. 201 East Broad Street Rochester, NY 14604 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit, LOCATION: On the south side of Interstate 70 South Frontage Road, a distance of 4013 feet east from Mile Post 175 (250 South Frontage Road West). ACCESS TA PROVIDE SERVICE TO: One hotel plus private condos (24), service only. OTHER TERMS AND CONDITIONS: See Attached Sheet. r MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Not Required E�y {X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used.The permittee shall notify A1 Pierce with the Colorado Department oi Highways in at 328-6385 at least 48 hours prior to commencing constructlon within the State Highway right-oi-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and all iYs terms and conditions. VAIL HO D�NGS A General Partnership � � _ � .; � Permittee(x) • � Date L � � Y obert . Culm, Vice Presid nt � This permit is not valid until signed by a duly a thorized representative of the State Department of Highways. STATE OF COLORADO DIV ON OF HIG�AYS � ROBERT C VENG EF ENGIN� R � �r � CD � District ROW En ineer By (X) � ' Date � Title g (Dat of issue) COPY DISTRIBUTION: Required; Make copies as necessary for; Previous Editions are Obsolete and will not be usec 1.District(Origjnal) local Authority Inspector DOH Form 101 2.Applicant✓ MTCE Patrol Traffic Engineer 9/8E 3.Staff ROW . � I!"' �.. . k� The following paragraphs are pertinen�ghlighta of the State Highway Access Code.T�ese are provided tor your convenience but � do not alleviate compliance with all sectlons of the Access Code.A copy of the State Highway Access Code la avallabte!rom your � local issuing authority(local government)or the State Department of Highways(Department).Whe�thls permit was Issued,the � issufng authoNty made its decision based in part on iniormatlon submftted by the applicant, on the access category which Is � assigned to the highway,what aiternative access to other public roads and streets is available,and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. � I Appeals € � 1. Should the permittee or applicant chose to object to any of the terms or conditions of the pesmit placed therein by the � Department,an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for r permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Commission,4201 East Arkansas Avenue, Denver, Colorado 80222.The request shali include reasons for the appeal and � may include recommendations by the permittee or applicant that would be acceptable to him. ti 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the original application, proposed design or access use will normally require submittal of a new application. � 3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to f the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be ='' brought to the Commission within 60 days of transmittal of the permit. � € 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority � (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local 4 authority. 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk � and Recorder. II Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year � time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall � be available for review at the construction site. Inspections will be made during construction. � 3. The access construction within highway right-of-way must be completed within 45 days. . 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of = the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing = authority and Department and included on the permit. The Department or issuing authority may order a halt to any � unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has 4: failed to meet required specifications of design or materials. If any construction element fails within two years due to � improper construction or material specifications, the permittee is responsible for all repairs. � 5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely �' braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire ; removed are Department property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be availab�e for review at the construction site.If necessary,minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall not interfere with the drainage system in the right-of-way. � 8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a � permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond i chat which is allowed in the permit shall be repaired immediately. 9. �ldequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform ` Traffic Control Devices for Streets and Highways.This may include the use of signs,ftashers,barricades and flaggers.This E is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III_ Changes in use and violations � �. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in `' property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; � an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn. i The issui ng authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. �' 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. � 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may � obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. # IV Further information G; 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a � completed permit application form with the issuing authority.The issuing authority may take action only on the request for ` improvement. Denial does not revoke the existing access. � 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for { meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though � deposited on the access in the course of Department snow removal operations. The Department shall maintain in = unincorporated areas the highway drainage system,including those culverts under the access which are part of that system . � within the right-of-way. �� 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has � returned the permit signed and paid any required fees. � 4. The Department may,when necessary for the improved safety and operation of the roadway, rebuild,modify,remove,or redesign the highway including any auxiliary lane. � �5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written � concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property � which results in a change in the type of driveway operation;or at the expense of the Department if the reconstruction or € relcc�tion is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shall � � ha M:�•o.�^ . �+ �rV �pfRIP�rP 4'"rti�s��.r.�ciaros:a�+ort�� in the Acce55 c:oc7e. � � e - - # PERMIT NO. 389038 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 24 feet wide with 15 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2 , 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 3 3 Also 3" of HBP in 2 , 1. 50" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC l0. 4 Approach and lanes shall be constructed per plans dated 2-25-89. No landscaping other than grass or approved flowers shall be placed in the approach sight triangles. Upon completion of the approach all existing landscaping will be reviewed and any plants found to interfere with the safe operation of the approach shall be removed. 5 Lanes shall be constructed as per Colorado Department of Highways specifications, with the following material placed for final grade: 12" ABC , Class 1; 6" ABC, Class 6; and 3" of HBP, Grading E or EX place in the following lifts: 2 - 6�� lifts; 1 - 6"lift; 2 - 1. 5" lifts . Shoulders along the speed change lanes shall be 4 feet and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1.5" of HBP. Permanent highway striping and signing shall be done by the Colorado Division of Highways The actual cost of the work will be billed to the permittee. The cost will not exceed an estimated $2000. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specification. CERTIFICATION Will be sent to the Colorado Division of Highways. NOTE:Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3 . 36. Written approval of the modified design is required before construction. 6 No drainage from this site shall enter onto the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction" and safety standards. 7 Contractor shall follow the applicable construction specifications set for by the Department of Highways ir.. the latest manual Standard St�ecifications for Road and Bridge Construction. The property owner is responsible for anj� utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. 8 Compaction of sub-grade, embankments and backfill shall comply with Section 203 . 11 of the Division of Highways Standard Specifications. 9 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401. 17 of the division of Highways Standard Specifications. 10 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or remov�d. 11 Saw or score asphalt to assure a straight edge for patching. 12 The first 20 feet beyond the closest hiqhway lane, including speed change lanes, shall slope down and away from the highway at a 2� grade to ensure proper drainage control. 13 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 14 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 15 Work shall BEGIN AFTER 8: 30 A.M. and all equipment shall be off the roadway BEFORE 3 :30 P.M. each day. PAGE NO. 1