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Home My WebLink AboutPEC070019 Ski Lift Conditional Use PermitPlanning and Environmental Commisson ACTION FORM TOWN COAM, rr o VELOPM W Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: EVER VAIL CUP SKI LIFT PEC Number: PEC070019 Project Description: Participants: EVER VAIL DEVELOPMENT -FINAL APPROVAL FOR A CONDITIONAL USE PERMIT FOR A NEW SKI LIFT (GONDOLA) LOCATED AT 934 S. FRONTAGE RD.(PREVIOUS BP GAS STATION). WITHDRAWN DUE TO REVISED APPLICATION HAVING BEEN SUBMITTED. OWNER VAIL CORPORATION 03/27/2007 PO BOX 959 AVON CO 81620 -0959 APPLICANT VAIL RESORTS DEVELOPMENT INC 03/27/2007 Phone: 970 - 845 -2547 P.O. BOX 959 AVON CO 81620 License: C000001633 0 Project Address: 934 S FRONTAGE RD VAIL Location: 934 S. FORNTAGE RD Legal Description: Lot: Block: Subdivision: Unplatted Parcel Number: 2103 - 121 - 0000 -5 Comments: BOARD /STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 (PLAN): All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Planner: Warren Campbell PEC Fee Paid: $650.00 0 11 Conditional Use Permit Application for Review by the Planning and Environmental Commission TOWN VK Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and /or the Design Review Board. rn r 0 v fta Type of Application and Fee: • Rezoning $1300 E Conditional Use Permit $650 • Major Subdivision $1500 ❑ Floodplain Modification $400 • Minor Subdivision $650 ❑ Minor Exterior Alteration $650 • Exemption Plat $650 ❑ Major Exterior Alteration $800 • Minor Amendment to an SDD $1000 ❑ Development Plan $1500 • New Special Development District $6000 ❑ Amendment to a Development Plan $250 • Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 • Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request Conditional Use Permit for a new ski lift (gondola) located at 934 South Frontage Road (previous BP Gas Station). metes and bounds Location of the Proposal: Lot: Block: Subdivision: Physical Address 934 South Frontage Road Parcel No.: 210312100005 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Zoning Lionshead Mixed Use 2 Name(s) of Owner(s) Vail Corporation c/o Thomas Miller Mailing Address: Po Box 959, Avon, Co 81620 Phone 7 54 -2544 Owner(s) Signature(s): Name of Applicant V ail Resorts De v lopment Company c/o Thomas Miller Mailing Address: PO Box 959, Avon, Co 81620 Phone 7 54 -2544 J dress tmillerl @vailresorts.com Fax 754 -2555 0 For ce s % nly: 4p. U Fee Pit Check No.: g � By: G `` • � Q- Meetuag ate: PEC No.: Plan Project No.: ner c� • F:\Cdev\F )RMS \Permits\ Planning\ PEC \conditional_ use10- 18- 2006.doc Page 1 of 5 114/06 rn r 0 v fta J= EVE RVA- I I Thursday, March 22, 2007 Warren Campbell, AICP Senior Planner Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Conditional Use Permit and Rezoning Applications for New Parking Structure and Ski Lift in Ever Vail Dear Warren: Included with this letter are applications for conditional use permit and rezoning to allow a 750 -space parking structure and a new ski lift (gondola) in the Ever Vail area. These applications follow the adoption earlier this year of amendments to the Lionshead Redevelopment Master Plan to include the West Lionshead area in the master planning area. As we have discussed, these conditional use applications are more conceptual in nature and reflect agreement on a multi -step approval process. Since a conditional use permit is required to establish the right to develop these uses, we are seeking approval of a conditional use permit prior to submitting applications for Major Exterior Alteration or Design Review Approval. Those additional applications will require a significant amount of design detail that is more appropriately developed once we know the uses and the locations are acceptable to the Planning and Environmental Commission. As you are undoubtedly aware, we recently made an official announcement proposing the creation of a new village, known as "Ever Vail," in the west end of the Lionshead area. The new parking structure and ski lift will be two components of this proposed entertainment oriented and LEED certified village containing significant retail, restaurant, office, condominium, employee housing, and lodging uses. Detailed designs and plans for the Ever Vail development will be forthcoming upon approval of the requested conditional use permits and rezoning application. The applications included: • Conditional Use Permit for a ski lift; Conditional Use Permit for a parking structure; and Rezoning Application for the Vail Professional Building and Cascade Crossing properties from Arterial Business District to Lionshead Mixed Use 2 District If you have any comments or questions, please do not hesitate to contact me or our planning consultants, Mauriello Planning Group. Sincer , Tho iller 970 -754 -2 44 TmillerI @vailresorts.com ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R070000365 Amount: $650.00 03/27/200708:14 AM Payment Method: Check Init: JS Notation: 366916/VAIL RESORTS ----------------------------------------------------------------------------- Permit No: PEC070019 Type: PEC - Conditional Use Parcel No: 2103 - 121 - 0000 -5 Site Address: 934 S FRONTAGE RD VAIL Location: 934 S. FORNTAGE RD Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 E Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Tits GUARANTEE COMPANY Date: 02 -22 -2007 Our Order Number: VB50018105 Property Address: 923 FRONTAGE RD W. / TRACT A SOUTH FRONTAGE ROAD SUB VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below. For Title Assistance: Vail Title Dept. Chris McElvany 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 EMail: cmcelvany @ltgc.com VAIL ASSOCIATES, INC., A COLO CORP PO BOX 7 VAIL, CO 81658 Attn: GERRY ARNOLD Phone: 970 - 845 -2658 Fax: 970 - 845 -2555 Entail: gerrya @vailresorts.com Linked Commitment Delivery Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VB50018105 Schedule A Cust. Ref.: Property Address: 923 FRONTAGE RD W. / TRACT A SOUTH FRONTAGE ROAD SUB VAIL, CO 81657 1. Effective Date: February 02, 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: THE VAIL CORPORATION, A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE VAIL CORPORATION, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: TRACT A, SOUTH FRONTAGE ROAD SUBDIVISION, ACCORDING TO THE FINAL PLAT RECORDED NOVEMBER 6, 2000 AT RECEPTION NO. 734424, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section I (Requirements) Our Order No. VB50018105 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018105 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fast appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 12. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, WHETHER OR NOT OF PUBLIC RECORD. 13. EASEMENT AND RIGHT OF WAY FOR RED SANDSTONE CREEK. 14. EASEMENT AS RESERVED BY HOLY CROSS ELECTRIC ASSOCIATION, INC. IN DEED RECORDED FEBRUARY 21, 1995 IN BOOK 661 AT PAGE 743. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018105 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 15. TERMS, CONDITIONS AND PROVISIONS OF GORE CREEK PLACE DEVELOPMENT AGREEMENT RECORDED MARCH 10, 2005 AT RECEPTION NO. 908751. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 32 SERIES OF 2004 RECORDED MARCH 10, 2005 AT RECEPTION NO. 908755. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. Land Title Guarantee Company CUSTOMER DISTRIBUTION land Title GUARANTEE COMPANY Date: 02 -22 -2007 Our Order Number: VB50018103 Property Address: 862 FRONTAGE RD W. / SOUTH FRONTAGE ROAD, TRACT B VAIL, CO 81657 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Chris McElvany 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 EMail: cmcelvany @ltgc.com VAIL ASSOCIATES, INC., A COLO CORP PO BOX 7 VAIL, CO 81658 Attn: GERRY ARNOLD Phone: 970 - 845 -2658 Fax: 970 - 845 -2555 EMail: gerrya @vailresorts.com Linked Commitment Delivery Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VB50018103 Schedule A Cust. Ref.: Property Address: 862 FRONTAGE RD W. / SOUTH FRONTAGE ROAD, TRACT B VAIL, CO 81657 1. Effective Date: February 02, 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: THE VAIL CORPORATION, A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE VAIL CORPORATION, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: TRACT B, SOUTH FRONTAGE ROAD SUBDIVISION, ACCORDING TO THE FINAL PLAT RECORDED NOVEMBER 6, 2000 AT RECEPTION NO. 734424, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50018103 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018103 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 12. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, WHETHER OR NOT OF PUBLIC RECORD. 13. EASEMENT AND RIGHT OF WAY FOR RED SANDSTONE CREEK. 14. EASEMENT AS RESERVED BY HOLY CROSS ELECTRIC ASSOCIATION, INC. IN DEED RECORDED FEBRUARY 21, 1995 IN BOOK 661 AT PAGE 743. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018103 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 15. TERMS, CONDITIONS AND PROVISIONS OF GORE CREEK PLACE DEVELOPMENT AGREEMENT RECORDED MARCH 10, 2005 AT RECEPTION NO. 908751. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 32 SERIES 2004 RECORDED MARCH 10, 2005 AT RECEPTION NO. 908755. 17. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 21, 2005 AT RECEPTION NO. 930318. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 02 -22 -2007 Our Order Number: VB50018106 Property Address: RED SANDSTONE ROAD PARCEL, 127/565 VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below.• For Tide Assistance: Vail Title Dept. Chris McElvany 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 EMail: cmcelvany @ltgc.com VAIL ASSOCIATES, INC., A COLO CORP PO BOX 7 VAIL, CO 81658 Attn: GERRY ARNOLD Phone: 970 - 845 -2658 Fax: 970 - 845 -2555 Entail: gerrya @vailresorts.com Linked Commitment Delivery Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VB50018106 Schedule A Cust. Ref.: Property Address: RED SANDSTONE ROAD PARCEL, 127/565 VAIL, CO 81657 1. Effective Date: February 02, 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: THE VAIL CORPORATION, A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Titre to the estate or interest covered herein is at the effective date hereof vested in: THE VAIL CORPORATION, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: THAT PART OF THE PARCEL DESCRIBED IN RIGHT -OF -WAY DEED RECORDED IN BOOK 127 AT PAGE 565, APRIL 2, 1943 LYING BETWEEN THE SOUTHERLY RIGHT -OF -WAY FOR INTERSTATE HIGHWAY 70 AND THE NORTHERLY RIGHT -OF -WAY FOR SOUTH FRONTAGE RD, FORMERLY U.S. HIGHWAY 6. NOTE: SAID PARCEL WAS VACATED AS PUBLIC RIGHT -OF -WAY BY ORDINANCE NO. 32, SERIES OF 2004 RECORDED MARCH 10, 2005 AT RECEPTION NO. 908755 COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50018106 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018106 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to alien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fast appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 11. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, WHETHER OR NOT OF PUBLIC RECORD. 12. EASEMENT AND RIGHT OF WAY FOR RED SANDSTONE CREEK. 13. EASEMENT AS RESERVED BY HOLY CROSS ELECTRIC ASSOCIATION, INC. IN DEED RECORDED FEBRUARY 21, 1995 IN BOOK 661 AT PAGE 743. 14. TERMS, CONDITIONS AND PROVISIONS OF GORE CREEK PLACE DEVELOPMENT AGREEMENT RECORDED MARCH 10, 2005 AT RECEPTION NO. 908751. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018106 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 15. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 32 SERIES OF 2004 RECORDED MARCH 10, 2005 AT RECEPTION NO. 908755. 16. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 21, 2005 AT RECEPTION NO. 930318. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. Land Title Guarantee Company CUSTOMER DISTRIBUTION rnd - Fige GUARANTEE COMPANY Date: 02 -22 -2007 Our Order Number: VB50018110 Property Address: 1031 FRONTAGE RD If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Chris McElvany 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 EMail: cmcelvany @ltgc.com VAIL ASSOCIATES, INC., A COLO CORP PO BOX 7 VAIL, CO 81658 Attn: GERRY ARNOLD Phone: 970 - 845 -2658 Fax: 970 - 845 -2555 Entail: genya @vailresorts.com Linked Commitment Delivery Our Order No: VB50018110 LEGAL DESCRIPTION PARCEL 1: A PARCEL OF LAND SITUATED IN A PART OF THE NE1 /4 OF THE NE1 /4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT A, SOUTH FRONTAGE ROAD SUBDIVISION, PER THE PLAT THEREOF RECORDED NOVEMBER 6, 2000, UNDER RECEPTION NO. 743424 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDED, SAID CORNER ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF THE SOUTH FRONTAGE ROAD OF INTERSTATE HIGHWAY NUMBER 70; THENCE ALONG SAID NORTHERLY RIGHT OF WAY SOUTH 73 DEGREES 37 MINUTES 52 SECONDS WEST 200.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY SOUTH 73 DEGREES 37 MINUTES 52 SECONDS WEST 519.60 FEET TO THE POINT OF INTERSECTION OF SAID NORTHERLY RIGHT OF WAY AND THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NUMBER 70; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY NORTH 53 DEGREES 51 MINUTES 29 SECONDS EAST 246.03 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NUMBER 70; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY NORTH 58 DEGREES 53 MINUTES 10 SECONDS EAST 247.30 FEET; THENCE NORTH 59 DEGREES 28 MINUTES 16 SECONDS EAST 49.07 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY SOUTH 16 DEGREES 51 MINUTES 09 SECONDS EAST 158.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS AS CREATED BY COMBINATION RELEASE OF EXISTING EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER 13, 1989 IN BOOK 519 AT PAGE 619, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50018110 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018110 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 11. TERMS, CONDITIONS AND PROVISIONS OF COMBINATION RELEASE OF EXISTING EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER 13, 1989 IN BOOK 519 AT PAGE 619. 12. EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED AUGUST 31, 1993 IN BOOK 618 AT PAGE 291. 13. EXISTING LEASES AND TENANCIES. 14. THE EFFECT OF LANDSCAPING AND CURB AND GUTTER LYING WITHIN THE FRONTAGE ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018110 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: ROAD RIGHT OF WAY AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED BY GORE RANGE SURVEYING, LLC DATED JUNE 9, 2005 JOB NO. 02 -008. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. Land Title Guarantee Company CUSTOMER DISTRIBUTION rnd (WARANTEE L M MANY Date: 02 -22 -2007 Our Order Number: VB50018109 Property Address: 953 FRONTAGE ROAD VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Chris McElvany 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 EMail: cmcelvany @ltgc.com VAIL ASSOCIATES, INC., A COLO CORP PO BOX 7 VAIL, CO 81658 Attn: GERRY ARNOLD Phone: 970 - 845 -2658 Fax: 970 - 845 -2555 Mail: gerrya @vailresorts.com Linked Commitment Delivery Chicago Tide Insurance Company ALTA COMMITMENT Our Order No. VB50018109 Schedule A Cust. Ref.: Property Address: 953 FRONTAGE ROAD VAIL, CO 81657 1. Effective Date: February 02, 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: VB50018109 LEGAL DESCRIPTION PARCEL :1 A PARCEL OF LAND SITUATED IN A PART OF THE NEIA OF THE NEIA OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT A, SOUTH FRONTAGE ROAD SUBDMSION, PER THE PLAT THEREOF RECORDED NOVEMBER 6, 2000, UNDER RECEPTION NO. 743424 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID CORNER ALSO BEING THE NORTHERLY RIGHT OF WAY OF THE SOUTH FRONTAGE ROAD OF INTERSTATE HIGHWAY NUMBER 70; THENCE ALONG SAID NORTHERLY RIGHT OF WAY S. 73 DEGREES 37 MINUTES 52 SECONDS W. 200.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY N. 16 DEGREES 51 MINUTES 09 SECONDS W. 158.18 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NUMBER 70; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY N. 59 DEGREES 28 MINUTES 16 SECONDS E. 274.19 FEET TO THE NORTHWESTERLY CORNER OF INTERSTATE HIGHWAY NUMBER 70 PARCEL 26B; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY AND ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 26B S. 10 DEGREES 36 MINUTES 52 SECONDS W. 31.26 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 26B, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF SAID TRACT A; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT A S. 10 DEGREES 45 MINUTES 05 SECONDS W. 34.40 FEET; THENCE CONTINUING ALONG SAID BOUNDARY S. 04 DEGREES 37 MINUTES 43 SECONDS E. 170.34 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS AS CREATED BY COMBINATION RELEASE OF EXISTING EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER 13, 1989 IN BOOK 519 AT PAGE 619, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50018109 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018109 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 11. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN, OVER, UNDER AND /OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE RED SANDSTONE CREEK. 12. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JULY 09, 1984 IN BOOK 388 AT PAGE 756. 13. TERMS, CONDITIONS AND PROVISIONS OF COMBINATION RELEASE OF EXISTING EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER 13, 1989 IN BOOK 519 AT PAGE 619. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018109 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED JUNE 25, 1991 IN BOOK 556 AT PAGE 702 AND RERECORDED AUGUST 29, 1991 IN BOOK 561 AT PAGE 191. 15. LACK OF A DIRECT ACCESS ON AND TO INTERSTATE HIGHWAY 70, WHICH ABUTS SUBJECT PROPERTY. 16. EXISTING LEASES AND TENANCIES. 17. THE EFFECT OF LANDSCAPING AND CURB AND GUTTER LYING WITHIN THE FRONTAGE ROAD RIGHT OF WAY AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED BY GORE RANGE SURVEYING, LLC DATED JUNE 9, 2005 JOB NO. 02 -008. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. Our Order No: VB50018107 LEGAL DESCRIPTION A PART OF THE NORTHEAST 1/4 NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF SAID SECTION 12 WITH THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6, SAID POINT BEING 634.15 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID SECTION 12; THENCE WESTERLY, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY, A DISTANCE OF 240 FEET, MORE OR LESS, TO A POINT ON THE EAST HIGH WATER BANK OF RED SANDSTONE CREEK; THENCE SOUTHERLY, ALONG THE SINUOUSITIES OF SAID EAST HIGH WATER BANK, 200 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE NORTH HIGH WATER BANK OF GORE CREEK; THENCE EASTERLY, ALONG THE SINUOUSITIES OF THE NORTH HIGH WATER BANK OF GORE CREEK, 245 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE EAST LINE OF SAID SECTION 12; THENCE NORTHERLY, ALONG SAID EAST LINE, 160 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50018107 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018107 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to alien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 10. RIGHTS OF TENANTS UNDER UNRECORDED LEASES. 11. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN, OVER, UNDER AND /OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE RED SANDSTONE CREEK. 12. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN, OVER, UNDER AND /OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE GORE CREEK. 13. TERMS, CONDITIONS AND PROVISIONS OF RELEASE AND RIGHT -OF -ENTRY RECORDED AUGUST 07, 2002 AT RECEPTION NO. 803774. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50018107 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF REFUSAL AS CONTAINED IN UNRECORDED DEALER SUPPLY AGREEMENT. 15. TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS AS CONTAINED IN SPECIAL WARRANTY DEED RECORDED AUGUST 07, 2002 AT RECEPTION NO. 803775. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. • F V E R V A I I 17J Conditional Use Permit for a Chair Lift /Gondola Applicant: Vail Kesorts Submitted on March 26, 2007 Submitted by: 0 JI Mauriello Planning Group L Table of Contents Tableof Contents ................................... ............................... 2 Directory.............................................. ............................... 3 Introduction of the Request ...................... ............................... 4 Overall Vision for Ever Vail and LEED Certification ......................... 5 Review Criteria for a Conditional Use Permit . ............................... 8 Adjacent Addresses ............................. ............................... 12 0 0 2 Directory Thomas Miller Project Manager Vail Resorts Development Company 137 Benchmark Road Avon, CO 81 G20 Ph. 970- 754 -2544 F. 970- 754 -2555 Tmiller I @vailre5ort5.com Mauriello Planning Group PO Box 1 127 Avon, CO 81 G20 Ph. 970- 748 -0920 F. 970- 748 -0377 mauricllO@COMCa5t.net Sam Ecker Gore Range 5urveying, LLC PO Box 15 5 129 LongSUn Lane Avon, CO 81 G20 (970) 479 -8698 (970) 479 -0055 (fax) 5am @cgorerancge.net CALL15ON 1420 Fifth Avenue #2400 Seattle, WA 98101-2343 Ph. (20G) G23 4G4G F. (20G) G23 4625 Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 81 G32 Ph. (970) 92G -3373 F. (970) 92G -3390 • 3 c [7i, Introduction of the Request We are Submitting a request for a conditional use permit to allow for a new 5ki lift in the LionShead Mixed U5e -2 Zone D15trict. 5ectionl2 -71 -5: Condltlondl Uses; GenerW6,1 (on dll levels of d building or outside of d tvlldlng) allows Ski I1ft5 and tows a5 a conditional use in th15 zone district. On December 15, 1 962, Vail Mountain opened with 3 Iift5 and recorded a total of ju5t 55,000 5kier5 in the 1962 -1 9G3 season. By 1969, it was the most popular resort in Colorado. Today, there are 33 Iift5, and total Skier and 5nowboarder v151t5 for the 2005 -2000 season was I ,G7G, 1 18. Vail continually 5trive5 to improve the guest experience through quality infrastructure improvements on the mountain. A5 a result, Vail has continually been ranked the # 15ki resort in North America. At thi5 time, we are reque5tincg a conditional use permit to allow for a new Ski lift to access Vail Mountain from the West LionShead area, now known a5 Ever Vail. This 15 the fir5t step in creatincg a new portal onto Vail Mountain and a new mixed - u5e hub of the community. In addition to this conditional use permit for a new Ski lift, variou5 applications will be Submitted to allow for a 750 -512ace parkincj structure. Applications for a mayor exterior alteration and a55ociated DRB applications will also follow once entitlement5 for the new lift and parking structure have been secured. The 5ki lift will be located on approximately the 51te of the now closed BP Gas 5tation. The Ski lift 15 a gondola operating with cabins that can transport up to 8 per5on5 per car. ThiS will have the capacity of tran5portincj approximately 2,000 5kier5 per hour, Similar to the Eagle Bahn Gondola in LionShead. The new lift will reduce the vehicular traffic and Skier (pedestrian) traffic in the more congested areas and portals of the Town, helping to improve the guest experience town -wide. 0 It 15 important to consider this first step of a conditional use permit for the Ski lift gondola with an understanding of the overall redevelopment of the West LionShead area. Ever Vail 15 envi5ioned to become a mixed -use hub, includincg office, retail, and housing. The area will include employee hou5ing to serve the new uses in the area. The Frontage Road will be re- aligned, locating the road along 1 -70, a5 it 15 in many parts of Town, allowing Ever Vail to become more of a village, like Vail Village or LionShead, and not be bisected by a major Ll thoroughfare. We are working closely with CDOT in this process, and CDOT 15 supportive of the concept. Overall Vision for Ever Vail and LEED Certification Ever Vail (beyond the scope of this application) generally encompasses one million square feet and will include between 600,000 and 700,000 saleable square feet of residential and commercial space. The site 15 currently occupied by Vail Mountain's vehicle maintenance shop yard and warehouse, a retail and office complex, and a gas station, offering the opportunity for a true "Brownfield" redevelopment. The new resort village plans call for approximately 150-250 whole ownership condominium units, 75-125 fractional ownership condominium units, a 1 00,000 - square- foot -room hotel, approximately 100,000 -1 50,000 square feet of commercial retail, office, and restaurant space and an approximately 1 00,000- square -foot mountain operations facility. The project will also include a gondola to serve as the fifth base portal to Vail Mountain, a public park and a new public parking structure. The U.S. Green Building Council has developed a LEED for Neighborhood Development Rating System. All of the following information regarding LEED is (W from their document entitled LEEO for Neighborhood Oeve%pment Rating System. The U.S. Green Building Council, the Congress for the New Urbanism, and the Natural Resources Defense Council —three organizations that represent some of the nation's leaders among progressive design professionals, builders, developers, and the environmental community —have come together to develop a national set of standards for neighborhood location and design based on the combined principles of smart growth, new urbanism, and green building. The goal of this partnership 15 to establish these standards for assessing and rewarding environmentally superior development practices within the rating framework of the LEED (Leadership in Energy and Environmental Design) Green Building Rating Sy5tCMT The Neighborhood Development rating system is designed to certify exemplary development projects that perform well in terms of smart growth, new urbanism, and green building. Projects may constitute whole neighborhoods, fractions of neighborhoods, or multiple neighborhoods. Smaller, infill project5 that are single use but complement existing neighboring uses should be able to earn certification as well as larger and mixed use developments. It 15 Vail Resorts intent for Ever Vail to be a LEED certified neighborhood ® development. The following components are part of the Ever Vail program: 5 Brownfield Redevelopment. The Amoco 51te, which Vail Resorts purchased for inclusion in this redevelopment project, had previous oIl and gas 5p1115. Vail Resorts 15 in the process of having the 50115 rejuvenated in order to develop a LEED certified building and 5kI lift on that 51te a5 part of the development. The development will encourage the reuse of land by developing a prev1ou51y developed 51te, not forest or open space, reducing the impact of development on undeveloped land. The project 15 the environmentally con5clou5 redevelopment of property on which previous uses have and currently include: fuel storage and disbursement, a light- 1ndu5trlal machine Shop, light Indu5trlal oil refining operations, vehicle and heavy machinery maintenance and repair, and warehousing. Wetland and Water Body Con5ervatlon. The project will conserve natural hydrology and habitat and preserve blodlver5lty though con5ervatlon and improvement of on5lte wetlands by removing a culvert and day - lighting Red Sandstone Creek and enhancing Its surrounding wetlands. LEED Certified Green Bullding5 — For the LEED Neighborhood certified buildings rectulrement, Ever Vail must meet all the criteria for LEED New Construction standards for at least 50% of the construction In the project. Vail Resorts plans to have all buildings in the project meet at least • certification level. 50me 5pec1flc construction products that the Company plans to use to meet the standards are a5 follows: • Sa /vaged Products such as: bricks, millwork, framing lumber, plumbing fixtures, and period hardware. • Recycled Products such as: Iron -ore slag used to make mineral wool Insulation, fly ash used to make concrete, and PVC scrap from pipe manufacture used to make shingles. • Certified wood products that carry an F5C stamp. • Windows - NFRC -rated unit U- factor of 0.25 or lower. If the frame material 15 non - green, such a5 PVC (vinyl), the energy standard 15 more stringent: U- factor of 0.20 or lower. • Equipment that conserves energy and manages loads such as: water heaters, refrigerators, dl5hwa5her5, and clothes washers. • Products that do not release sigrnficant pollutants into the building such as: zero- and low -VOC paints, caulks, and adhesives. • Products with very low eml.551on5, such as: nonformaldehyde manufactured wood products. • Products that remove indoor pollutants such a5: certain ventilation products, filters, radon mitigation equipment. • Products that warn occupants of health hazards m the bwldmg such ® as: carbon monoxide (CO) detectors, lead paint test kits, and other IAQ test kits. Con • Products that improve fight qudhty such as: tubular skylights, specialized commercial skylights, and fiber -optic daylighting systems, full - spectrum lighting systems and highly reflective ceiling panels. VA Review Criteria for a Conditional Use Permit I . Relationship and impact of the use on development objectives of the town. Our Analysis: To be the Premler Mountain Resort Community... We share this vision with the Town of Vail. It is our intent to further this vision through the addition of world -class facilities in West Lionshead. The provision of a new ski lift will alleviate congestion at other portals onto the ski mountain. This 15 done in conjunction with the proposed parking structure and other amenities in Ever Vail. This vision 15 further supported by stated development obJect1ve5 of the Town of Vail. The purpose statement of the Lionshead Mixed U5e -2 Zone District states: The Llonshead mixed use 2 district Is Intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee dubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light 10 industrial activities, and commercial establishments In a clustered, unified development. Lionshead mixed use 2 district, In accordance with the Llonshead redevelopment master plan, Is Intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district Is meant to encourage and provide incentives for redevelopment In accordance with the Llonshead redevelopment master Plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives Is to create an economically vibrant lodging, housing, and commercial core area. The incentives In this zone district Include Increases In allowable gross residential floor area, building height, and density over the previously established zoning In the Llonshead redevelopment master plan study area. The primary goal of the Incentives Is to create economic conditions favorable to Inducing private redevelopment conslstent with the Llonshead redevelopment master plan. Additionally, the Incentives are created to help finance public, off site, Improvements adjacent to redevelopment projects. Public amernties which will be evaluated with redevelopment proposals taking advantage of the Incentives created herein may Include: streetscape Improvements, pedestran/blcycle access, G, public plaza redevelopment, public art, roadway improvements, and 51milar g The Lion5head Redevelopment Master Plan provides the framework for the Town of Vail to review this conditional use permit application for a new ski lift. The Lion5head Redevelopment Master Plan, oricginally adopted in December of 1998, dC5cribC5 the Town's intent in the adoption of the Master Plan: Renewal and Redevelopment Lion5head can and Should be renewed and redeveloped to become a warmer, more vibrant environment for guests and re5ident5. Lion5head needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must 5elze the opportunity to enhance guest experience and community interaction through expanded and additional activItle5 and amen1tie5 Such 95 performing arts venues, conference facllltle5, ice rmk5, 5treet5cape, parks and other recreational improvement5. Recent amendments to the Lion5head Master Plan, provide additional direction recgardfing the West Lion5head Area and more specifically deal with the possibility of an additional portal onto the ski mountain: With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift 5ervrce to th15 part of bon5head. Lift Service brings with it great potential for the re- development of this area and In doing 5o expand all of bon5head to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention Should be given to creating a year -round attraction within this area of bonshead (see detailed plan recommendations m Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could Include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub 15 5ki lift access to Vail Mountain. Consideration Should be given to Integrating employee hou5mg into the redevelopment of West Lion5head m accordance with the Town's employee housing policae5 and regulations. To the extent po551ble development patterns in this area Should reflect north -south orientation of buildmg5, o5ual penetrations to the mountain, L'7 and a pedestrian oriented environment. The degree of north -south building orientation may be difficult given the relatively narrow east -west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for a structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on -site. The approval of this conditional use permit application allows Vail Resorts to move forward in the development of the West Lionshead area into the mixed - hub desired by the Town of Vail and described by the Lionshead Redevelopment Master Plan. We envision this as step one in working with the Town of Vail to further Its development objectives in West Llonshead. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation faculties, and other public facilities and public facilities needs. Our Analysis: We believe that the addition of a new lift will have positive effects on the above criteria. The addition of a new portal onto the ski mountain will • serve to disperse skiers, allowing additional choices for their point of entry onto the mountain. Though we are making separate applications for the lift and the parking structure, they are Integral in the ability to serve the population by providing both a new lift, and the parking necessary to serve the new lift. In addition, this will help to alleviate congestion in the Village and Lionshead, by providing skiers with an additional choice to access the mountain. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Our Analysis: We are working with CDOT in the re- alignment of the Frontage Road and CDOT is very supportive of the proposed re- alignment. In addition, we are providing a transit stop to serve the parking and the overall West Lionshead area. The ski lift will be in close proximity to the proposed parking structure, • allowing for skiers to safely walk from the parking structure to the proposed ski lift. In general, the proposed ski lift will have minimal impact upon traffic, 10 Example of similar gondola car. and more information will be provided in the conditional use permit application for the parking structure. 0 • 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Our Analysis: The ski lift is integral to creating the character of the West Lionshead area. It 15 designed to be unobtrusive and will be similar to the character of the other I1ft5 servinq Vail Mountain. It is a one story building, All mechanical equipment is housed within the structure. Exterior materials Will be standing seam identical to the Eagle Bahn gondola in bonshead. 11 metal and appear nearly Adjacent Addresses 210312109003 210312109005 GLEN LYON OFFICE BUILDING 9345 FRONTAGE RD C/O ANDREW D. NORRIS HAGOPIAN t PENNINGTON,LLC 1 000 S FRONTAGE RD W STE 200 C/O BRENTWOOD ASSOC t T.M. VAIL, CO 81 G57 PENNINGTON 1 1 150 SANTA MONICA BLVD 1200 210312100005 LOS ANGELES, CA 90025 934 FRONTAGE RD VAIL CORPORATION 210312109002 PO BOX 959 TOWN OF VAIL AVON, CO 81 G20 -0959 C/O FINANCE DEPT 75 S FRONTAGE RD 210312100004 VAIL, CO 81 G57 103 1 FRONTAGE RD SOHO DEVELOPMENT LLC 210107200001 950 1 7TH ST STE I G00 TOWN OF VAIL DENVER, CO 80202 C/O FINANCE DEPT 75 S FRONTAGE RD 210312100002 VAIL, CO 81 G57 953 FRONTAGE RD SOHO DEVELOPMENT LLC 2 101072 1 0001 950 17TH ST STE I GOO 84G FOREST RD DENVER, CO 80202 EAGLE RIVER WATER SANITATION DIST 210312124001 84G FOREST RD 923 FRONTAGE RD W VAIL, CO 81 G57 VAIL CORP PO BOX 7 210312100005 VAIL, CO 81 G58 934 FRONTAGE RD VAIL CORPORATION 210312100010 PO BOX 959 TOWN OF VAIL AVON, CO 81 G20 -0959 C/O FINANCE DEPT 75 S FRONTAGE RD 210107213001 VAIL, CO 81 G57 8G2 FRONTAGE RD W VAIL CORP 210312109004 PO BOX 7 SUB:GLEN LYON SUBDIVISION LOT:39- VAIL, CO 81 G58 2 ROBERT J. ROSEN 2005 QPRT 2 1 01072 1 GOO 1 NANCY ROSEN 2005 QPRT 84G FOREST RD 1 127 LAKE AVE EAGLE RIVER WATER t SANITATION GREENWICH, CT OG83 1 DIST to 84G FOREST RD VAIL, CO 81 G57 12 c t w 210107217002 210107200001 728 LIONSHEAD CIR TOWN OF VAIL VAIL CORP C/O FINANCE DEPT PO BOX 7 75 S FRONTAGE RD VAIL, CO 81 G58 VAIL, CO 81 G57 210106317057 c t w 13 Condo Parcel Number 210107211032 210106317011 82G FOREST RD 2 1 0 1 063 1 7024 VAIL RESORTS DEV 2 1 01 OG3 1 7053 PO BOX 959 210106317055 AVON, CO 81620 210106317057 210106317010 210107211031 210106317026 81 G FOREST RD 2 1 01 OG3 1 7056 VAIL RESORTS DEV 2 1 01 OG3 1 7020 PO BOX 959 210106317039 AVON, CO 81620 210106317050 210106317019 210107211033 210100317031 798 FOREST KD 2 1 0 1 063 1 7044 GANNETT, KATHRYN 210106317001 G90 ARDSLEY RD 2 1 0 1 063 1 7022 WINNETKA, IL 60093 2 1 01 OG3 1 7033 210106317045 210107211034 210106317051 79G FOREST RD 2 1 01 OG3 1 701 6 GANNETT, KATHRYN 2 1 0 1 063 1 7025 G90 ARDSLEY RD 2 1 0 1 063 1 7048 WINNETKA, IL 60093 2 1 01 OG3 1 7008 210106317012 210107218002 210106317041 TOWN OF VAIL 75 S FRONTAGE RD W 000710 LIONSHEAD CIR VAIL, CO 81 G57 VAIL SPA CONDOMINIUM ASSOC 7 10 W LIONSHEAD CIR 210107218001 VAIL, CO 81 G57 TOWN OF VAIL 75 S FRONTAGE RD W DANN PETER - Registered Agent VAIL, CO 81 G57 PO BOX 5480 AVON, CO 81 G20 210107217004 825 FOREST RD GORE CREEK PLACE LLC PO BOX 7 VAIL, CO 81 G58 13 Condo Parcel Number 210312104032 210312104031 210312104012 210312104025 210312104039 210312104037 210312104029 210312104044 210312104050 210312104058 210312104009 210312104040 210312104016 210312104048 210312104064 210312104059 210312104005 210312104062 210312104008 0 v 210312104021 210312104054 210312104066 210312104033 210312104004 210312104007 001 000 LIONS RIDGE LOOP VAIL RUN RESORT COMMUNITY 1 000 LIONS RIDGE LOOP VAIL, CO 81 G57 William I Fleischer - Registered Agent 1 000 LIONSRIDGE LOOP VAIL, CO 81 G57 CDOT 4201 E. Arkansas Avenue Denver, CO 80222 14