HomeMy WebLinkAboutSUNBURST FILING 3 VAIL GOLF COURSE TOWN HOMES COMMON ELEMENTS PART 2 LEGALH.
I.
SICN CATE(;OI.III:S
G. Landscaping, subjuct to thc approval of thc design r.uvicrv
board;
Lighting, indirL.ct or pan-channcled;
Spccinl provisions shall bc as tbllorvs:l. To quulily for the sign program, thc applicant rntrst
prescnt all cxisting, as rvell as proposed, signs tbr
approval to thc design revir:rv board;2. In thc casc rvhure thc applicant rvishes to amcntt a' previously granted sign pro_r:rarn, he rnay do so, ttrrt nll
signs in the program will bc revicrvcd in terms o[ tlrc
proposcd adclition.
(ord. 9(1973) S l4(!9).)
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16.20.'150 Subdivision entrance signs
Subdivision entrance signs shall be regu'lated as fol'lows:A. Purpose, to identify the entrance [o a major suouiviston, condominiumil3filiil:[,ilT,rn?iii:l"ili:l]lll*,';:J:'a.'Ji@rB. Size, combined size of all facbs of multi-sided'sign may noL exceed twentysquare feet;
9. Height, Itg Pqr! of the sign shall extend above eight feet from existinq qrau- NumDer' rimited to a maximum of one sign per major entry providing acc6sito a subdivision. Final decision as to the detirminati6n'of a rijor "ni"vshall be at the discretion of the administrator, suujeit to reviiw ui in'e,design review board;E. lg.gqtiqlr mar-lg located_on'ly to identify subdivisions and projects in RC,LDMF, MpMF,_HDMF,_and sDD:.zoibs, subject' to the approval or'tnE-oeiidn ti"ii,Eoard (Ord 14, 198?)
f. Pgrjgl, subject to the approval of the design revjew board,G. Lighting, indirect or pan-channeled:H. Landscapi ng sha'l'l be a3 fo'l I ows :l. A^landscaped area of two square feet for each square foot of each side
9I tn9 sign and supporting structure sha'l'l be required at the base ofthe sign, with a minimum area to be landscaped of twenty-tour squirefeet,
?. All-landscaped areas shall be maintained to town standards,3. I plan showing the 'landscaping must be submjtted to the aeiign reviewboard by the applicant at the time of application.
249
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SIGNS
thc dcsign rcvicrv board by thc upplicant at the timc of. application.
(Ord. 9(1973) $ l4(t4).)
16.20.160 Ternporary site dcvelopment signs.
Tcmporury site developnrent signs shall bc regulated as
follorvs:
A. Purposc, to indicate or identify a developrncnt of rcel
propcrty undcr construction in HD)ll-', PA, CSC, CCl, CC:,
SD, IvlDiUF, LD:!lF, and IiC zones;,i B. Size shall not excccd trvetrty squarc lcct, rvith a horizontal '
dirncnsion no gretter than tcn -fcct. Combincd mrximum
. area for more than onc sign shall not excced trventy squ re
feet;
C. llejght, the top of a frcestanding sign shall be no higher than: eight fcct from gradc..'l1tc top of I t'nll-mountcd sign shrll
. bc no hjghcr than trventy-tive feet frotn 'existing grade.' D. Nurnbcr, otrc sigtr pcr vchicular strcct or major pedcstliln
way rvhich the business fronts.br abuts as!:detdfoined by
ths administrator. $'ith a tnaximunt oi trvo signs pcrmittctl
for the total projcct, strbjcct to rct'ies' by thc dcsign revi!'w
: board;'
E. lncation shall bc subjcct to the rpproval of the dcsign
rcvicrv boartl. A rvull'rnounted sign shall bc phced parlllcl
to thc cxtcrior rvall adjacent to thc strcct or major
pcdestrian rvay s'ltich the building abuts :ud shall be subjr'ct
to tlrc approvfll of thc desigrt revicrv bocrr'l;
F. I)c'sign, sulrjcct to thc ltpploval of thc dcsign tcview board:
G. L,ighting. indircct or pln<hanncled:
ll. Sptrciul provisiorts sh:rll lrc us follorvs:
l. Tcnrpornry sitr' rlcvc'loptnent signs shall bc r€tnovs'd
witltin lein days ul'lc't ttn occupllnc]' pcnnit is isstred' Tlrr.'
2. The infornntion permitted on temporary site deve'lop-
ment signs is lim'ited to proiect name'. real estate
agents, contractors, architects, and deve'lopers. Thq
aiea of the sign or signs used for display of the inf
mation other than the project name is 'limited to 50
percent of the total area of each sign. (0rd 14' 1982
t 250
a,
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DEFINITIONS
16.04.290 Subdivision entrance sign.
"subdivision entrance sign" means a sign permitted to identify a maior
subdivision, a condominium complex, or group of apartment bui.ldings having
at least 100 linear feet of frbntage along a. vehicular or pedestrian way in
any RC, LDMF, MDMF, or SDD Zone District. (0rd 14, ]982)
16.04.300 Tetnporary site devclopment sign.
"Ternporary sitc developrnent sig,n" nreans a sign perrnittcd
to idcntify a projcct under constnrction including thc projcct
name, gcneral contractor, architcct. prirne real estate agcnt und
may includc "moclcl apartmcnt." (Ord. 4(1975) $ 2(D) (part):
Ord.9(1973) S 3(oX8).)
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16.04.310 Traffic-controlsign.
"Traffic-corrtrol sign" rneans a pcrnitted sign for the
purpose of idcntifying private parking areas and dirccting thc
florv of traffic on private property. (Ord. 4(1975]. g 2(D) (part):
Ord.9(1973) $ 3(oX9).)
l6.04.io llindow Signs.
;Winaow sign" means-i-.ign affixed on or located within thirty-six inches of
tiii inieiior surface of i window fronting i public_way,-wfjch sign shal'l not.
include the three squire-feei allowed foi itrb displai.of the name of the business
#";ffi.ffitffi-inii-io-exaa;d-t.s sqra"e ii"ll,. ltre-aisptay of hours of operation'
credit card information,-ina-simitai'geniral information'items. (grd l4 1982)
16.04.320 lVnll sign.
"\l'all sign" mcans a sign attached to, painted on, or erected
against the wall of a building or stnrctrrre with thc exposed frcc
of the sign in a plane parallcl to the face of the rvall and not
projccting nlore thnn nine inches florn the face of thr. rvcll.
(Ord.4(1975) $ 2(B) (part): Ord.9(1973) S 3(oXl).)
r)
227
75 soulh fronlage road
vail. colorado 81657- (303) 476-7000
November 25, 1985
Ken Shapiro
P.0. Box 904
Vai |, Co. 81658
Re: VaiI Golf Course Townhomes
Dear Ken:
In the pnocess of reviewing your condominium plat for Buildings M & N of theVail Golf Course Townhomes, I noticed that one of the decks on Building M
encroaches on an existing sewer easement. I contacted Dave Krenek of the
upper Eagle valley water and Sanitation District to find out if this was aproblem. He asked me to inform you that you should make a written requestto upper Eagle valley to obtain a sewer encroachment agreement. Mr. Krenekstated that this was not a reason to hold up your condom.i nium p1at. Forthis reason, I am mereiy informing you of the next step that you should try
and take concerning the encroachment.
Please contact Dave Krenek if you have any further questions about theencroachment. Thank you for your cooperation.
Si ncerel y,
K'1.-firtt
Kristan Pritz
Town Planner
KPlb lf
Sept 1, 1985
Town of Vail
Vail, Colorado
8165?
Dear Sirs,
This is to inform you that we believe we have a cause of
action against the town of Vail for failure to warn us of
the hazards of owning a structure on Lot 1, Vail Valley 2nd
Filing. Particularly as the Town of Vail had in it's
possession a report submitted by Mrr bv TFe town of Vail. informin
lot was
19?8 the town of Vail granted a Ferffit to Shapiro
Construction to build our current home. Since the building
permit was granted after the town had the information, and
since the town did not inform Shapiro Construction of the
hazards that the town had tull knowlege of, and since the
town did not insist that Shapiro construction build the home
12 vertical feet above the stream bed as advised by Mr Mears
in the 197? report, and did not insist that Shapiro
construction provide a birm like structure to protect the
home from the predicted mud-slide as advised by Mr Mears in
the 197? report ; we can only draw the conclusion that the
town was negligent in regard to our safety,and the potential
value loss of our major asset,our home.I am filing tNs notice within the 180 days of my discovery'that the town had prior knowledge of the hazard to life and
property and took no steps to insure our safety as per the
decision of the Colorado Supreme Court in State v.Young 665
P.2d 109 (1983)
in fact the town did provide Shapiro construction wilh
the T-now ffinger)we
that soGFf-eCtiVely. %
We would also like to know why the town of Vail, after the
mudslide allowed Shapiro construction to put up eight town
homes in the area where the next slide would go, further
endangering our home. Especially since the 1977 report
specifically advises against high density houseing in the
slide area.
R[C'OSEP-51985
pL--*#
'* fu/:*-*'-w
o'** #
Sincerely,
lv\a-, [tr. lN 'fi' I u+r^€-e---
Mr and Mrs W. H. Svanoe
tp{ es*o
liar,, C-t; 2,LSg
,-J
zE Uppen Ercle VnllEv
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WATER AND SANTTATTON DTSTRTCTStl- 846 foREsr Ro^o .'v^r!.{oloR^Do 81657
April 15, 1985
Erwin BachrachProject Architect
Shapiro Construction CompanyP.O. Drawer 1448
Vail, CO 8I658
Dear Mr. Bachrach:
RE: UTILITIES FOR VAIL
I have reviewed the utilthe following comments:
If f can
free to
1. The water and sewer service locations to Buildings
N and M are acceptable.
2. Because the water services are connected onto a
long dead-end water line, stale vrater may exist at
t imes .
We anticipate you will need to make improvements to
the water system to provide adequate fire flow to
these two buildings, unless the size of the build-
ings and type of construction are limited. We
recommend you contact the Vail Fire Department
immediateLy to determine what fire flows would be
required, so as not to delay in your obtaining a
building permit.
be of any further assistance to you, please feel
contact me.
LFCOURSE TOWNHOMES M AND N
S i ncerely,
UPPER EAGLE VALLEY CONSOLIDATED
SANITATION DISTRICTF^,;/rt-
David Krenek, P. E.
Technical Director
DK: rls
cc:
I ll pairrcrpATr c orstRrcrs - aRRowHEAD METRo *ATER . avoN METRo warER a sEAvER cREEK METRo warER a aERRv cREEx METRo wotaa /,fifi
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EAGLE vA'L MErRo w""' ' 'o*"^:,Ii]::y:::::s::iffTy"'r?"":'-:T:1'":":ff.'i::'" ""*'', coNsoL'DArEo sAN'ra'oN
@
75 south lronlage road
vail, colorado 81557
(303) 476-7000
January .l7, 1985
olflce of communllY develoPmenl
Ken Shapiro
Shapiro Construction
P.0. Box .|547
Vail, Colorado 81658
Re: Vail Golf Course Condo Plat Amendment
Dear Ken,
I have recently received an application to amend your condominium
plat for the Vl'i I Golf Course'Townhomes. This department's primary
concern with respect to applications of this type is that the project
be completed as ier Design'Review Board p1 ans. This includes land-
scaping and paving of the property. Obviously' this work. has not
beeir c6mpletbd beiause of ihe'timL of year. Because of thjs constraint'
your appiication has been approved as per your submittal .
The purpose of this letter is merely to let you know that we have
waived the standard requirements for the condominiumization you have
requested. Obviously, this project will have to be completed as per
the Design Revjew Board approved plans. As is standard practice,
iandscaping and paving wi'l I Ue required before Final Certificates of
0ccupancjes are issued for any of the units in these two build'i ngs.
This letter js not to imply that we anticipate any problem whatsoever
with the complet'ion of your approved p1ans. I just want to 'let you
know the cjrcumstances involved wjth the approva'l of thjs requested
condominiumization. Please do not hesitate to call with any questions
you may nave.
Si ncere'ly '
-i
Thomas A. Braun
Town Planner
TAB: bor
DATE Jan. llth 1985
APPLICATION FOR
cONpOMrNruM/T0wNHousE PLAT REVIEl,l
APPLICANT SHAPTRo CoNSTRUCTToN C0.A. NAME OF
MAILING ADDRESS p.O. Drawer 1448
van. co etosg PHONE 47 6-L280
B. NAME OF APPLICANT'S REPRESENTATIVE SAME
MILING ADDRESS
PHONE
C. NAME OF
Ol'lNER 'S
MAILING
PROPERTY OI.INER
SIGNATURE
enn
(pri ort
plEo;
IRO CONSTRUCTION CO.
PH0NE 476-L28O
ADDRESS P.O:Drawer 1448 - Vail
D.LOCATION OF PROPOSAL
LOT BLOCK SUBDIVISION Pu1is Ranch Property F IL ING
F
F.
pno-4t*{ fr / s'-s-t / J- / ,/n, -- -
SUBMITTED
l. Three (3) copies, two of which must be mylars of a site map fol'l owing the
requirements of Section .|7..|6..l30(C) 1,2,3,4,6,7,8,9,10,.|1, 13 and 14 of
the Subdivision Regulations.
2. The condominium or townhouse plat shalI a'l so include fl oor p1ans, elevations
and cross-sections as necessary to accurately determine jndiVidual air spaces
and/or other ownerships and if the project was built substantial 1y the same
as the approved plans.
Subdiv'ision Regul ations.
The zon'ing administrator shall be the final signature required on the plat so
that the Department of Community Development will be responsible for promptly
recording the approved plat with the Eagle County Clerk and Recorder.
FEE $100.00
MATERIALS TO BE
G.
3. A copy of the condominium documents for
are maintenance provisions included for
APPROVAL PROCESS, REVIEt.l CRITERIA
These can be found in Chapter 17.22 of the
FILING AND RECORDING
staff review to assure that there
al I ccrnmonly owned areas.
H.
t
,\i
T0: Town Council
FROM: Community Developrent Department
DATE: August 20, l9g5
SUB.IECI: Shapiro Geologic Sensitive Maps Amendment
This item was oriqinally heard at the August 6, lgg5 Councj.t Meeting and was' l.
tabled fv tlre couicir i;;il;; iJ iii*-tne appricant to respond to concernsraised by the Council.
:
The following is a brief surmarization of those concerns:
l. Questions regarding past and future mitigation work. :
2, Questions regarding the interpretation of hazard area delineationsin re'l ation to exiiting structures on the site.
3. Questions regardlng potential increase in hazard to a{acentlprivate and public properties.
:"' 1r,
T0: Town Council
FR0M: Community Development Department
DATE: August 6, l9g5
SUBJECT: Shapiro Geologic Sensitive Maps Amenciment
The shapiro construction company is requesting an amendment to both theDebris Frow and Rockfair ;;;;-;i.;;"a nv o"cinunce #5, series r985.
section 5, paraqraph G,of 0rdinance #5, series lgg5 0ut.rines the processt0 be utitized ior'sucrr-i ;d;;;i:= ii,i. p.r.s.aph states:
"G' Ir. ull case. where a person wishes to dispute the designat.ion of:ll 3[:5i:lr_as a seorosicaily,sensitive'i;i.:pt ine or the maps
sha' be ,,iriii3li. by this ordinance, the fottl,wins procedurei_
l' A written.apprication shail be fited with the community DevelopmentDepartment-requesting ru.n'u, hearing uri'p"ouio.,ng a supportingsite specific'geologic-iivestigati;;. - - r' v' .w
2. A hearing^slg]f p" set on a.date a min.imum of 30 days afterthe apprication has been rirea io-aii;;";;r"; itarr review.3. At the hear.ing before the Town.Council, the app.l icant shal.lbe given a. reasonabte oppo.trniiv-IJ piri.rt*fiis case anosubmit technicar ano-geliogic-evidence to support his craim.Irthe site-specirii gE6ioii. irr"iiiditior'ili"or ishes byclear and cohvincins"evijEn.e_u,;i iru-i;pirii srrouro not' 'be otttglg!:o,us . g"oiosicarty sensitiie !"eai ure Town councilshall direct the cofimuniiy-bevetopment Department to amend-the map appropr.iatety.;;'-" '
The apprication, reporl: and maps submitted by shapiro construction companvhave been reviewed,!l_ll: corrriitv"o"u.ropr."nt-J.['prriii'works Departirenis.The requested amendment'to the o"oiii'itow maps involves phases III andIV of the Vail Gotf Course tourrf,Ji"i] The reiortrnd map were preparedby Arthur I' Mears,-P.E...Inc.- irr"-r"qu"rteo imenamentJ'to-tn" Rockfallmaps invo'lves phases^I-IV of tn""iuiiteolf course Townhomes ancr arsoa residence at I785 Sunburst Drive.' Tie report and map wii p"epareobv Nicholas Lampiris, Ph.D., u g"6iogitt wilrr s.ffi;u;;I aid Rssociates.
;i:::.i':?:$ :lo :#l?;:f":'1,?T:y:"*r: le tt. best or our know,edse,)k^-_ /-^rSplgsent c'tegl lld convincins bvtaenie-*r;i fi.
des i gnateo
ii'. l l' :.]l:ff ,'; jn
; *" f :lil:li ;-ruta-4 to any adjacent public or private niopii.r.
Shapiro Construction Company
Gentlemen:
Consider this an t'of ficial written Application r.rith supporting Evidence to ModifyEhe Mapsrt referred to in Ordinance #3- (Series of 1985).
Refer to page 8, Paragraph G. 1., 2., and 3. of said ordinance !15 for the procedureexpected to be followed by virtue of this applicaLion.
June 26, 1985
Communi ty Development Department
Town of Vail
75 South Fronrage RoadVail, C0 81657
Concerning Rockfall Geologically SensiEive Areas:
Enclosed find a rrsite specific lnvescigalion reporE and map" dated June 11 , 19g5,by schmueser & Assoc., rnc. (Nicholas iampiris, ph.D. stafi Geologisr) for theVail Golfcourse Townhomes Site,
Enclosed find a second "slte specific investigation report" which refers to chesame map done by the same people dated June 14, 1995, concerni-ng the privateresldence at 1785 Sunburst Drive.
:_
Concerning Debris-Avalanche Geologically Sensitive Areasi
Enclosed find a I'site specific investigation report and nap,, dated June 4, 19g5,by Arthur I. Mears, P.E., Inc. for the Vail Golfcourse Townhomes Site and for theprlvate residence at 1785 Sunburst Drive.
As per Ordlnance #5, we expecE the following:
(1) The CommuniEy Development Deparcmenu to study this
and reconmsnd to the Town of Vail Council that EheOrdinance #5 maps be modlfied as per Chc attached
guesEion about processing the
to meet with
lnforma t ion
or iginal
maps .
above, we should(2)Should there
be not i fl ed
Vail on this
be any
at once
matter .
representing che Town of
Suite c-3, Fall RidS€ condontrnrums
P' O. Drawer 1448, Vait, Cotorado 81658relephone: (303),t76tt8O
Comnuntty Developement Department
June 26, 1985
Page Tvo
(3)
Tine is of
uaPs.
Abraham L. Shapf-ro
President
ALS/cu
Enclosures
If you ha.ve any questlons whatsoever, please
(476-1280)
Yours truly,
phone Abe or Keo Shapiro lrnmedlately.
Received for:
THE TOWN OF VAIL
By:
Date:
tfe receive wrltten noti.ce from the Town of vair thac rie orrginalOrdinance #5 naps are or wtll be rnodified accordingly.
the eesence and we request your immediate cooperaclon in correcting these
SHAPIRO qONSTRUCTIoN CS{PANY
CL"I"^f/uffi
\
.r-E^TGTwEERS & COrvsTFUCrOns
Mr. Abe Shapiro
Shapiro Construction Corpany
1650 Sunburst Drive
P.O. Drahrer l44RVail, Oolorado 81658
RE: vait <blf Course Townhornes - Rockfall Stutlv
Dear l,lr. Shapiro:
As per your directio.n, r have onpleted nv sit.e specific investigationof the rockfall study previousfy bone ior the .fror^n of rrail as itaffects the trr*nhomi, phases r thru rv. Trorvard this end, r haverevisited the site twice ard harre re-evaluated tire aeri"i'photographsavailabre, especially in light of the rew mudfl,o' protection desicnstrueture which has recently been pr.rt into prace near and abveBuilding r.r.
As ]ou are rrell aware, the aforerenLioned sturilz for the Town of Vailhas incl:ded a portion ofrrcrD '^',-ucre(r a porcron.ot yogr property within the tro catagories ofrodcfalr hazard as designaled. -Buildi-* p
"na Buirdino r.:rc inr-r,rAr'\r{r(rarr. nazaro as designated. Buildirg p and Building t aie incrudedwithin a n.derare rocrfill hazara wtrire'e"iiJir-= ;- -;: ; -i .,.^ -wrLrrr.' d rrsleraEe rockfaJ.l. hazard r,vlrile Buildings o, R, s, I ard aport-ion of Buildinq A as rrell as tie Abe Shaoiro resldanr.c:ra tn,,.! JLr_J.ur I t'lr nur.lo rnq A as heII as tie AbeIg:g_*g"high rockfalt hazard zones.
iro residence are lneluded
:?6n&'"goiiiai.iliT
and hie future enpractenrenl of rocii;ii G;;;;;;where reeded?s-dlsorsse<i and shonn on the accontrnnyirg naps.
sory.whag.9?slerty of the ,rDst significanr of the
bV the
outeroppirqs on tfre hillside ilo"". -rn-waLkiig ti,. rririsiae r do findthat there are severar large brocG p.try ao*,i ttre rriii-irom tne
:*.-":.f:T_.,"3qu: py:. -rhese_rocis
seirn to have G"" "trep"a inl*t: j::-i: g-: :"einarion "f ;G";;;i,E;;-fi.:r"*-.fit ;;the screening effect-of the many,aspen trees on the hillside there. t@a result, verv few ilfry:g9.lg-_g-Lrris parricular area-trive rounaffiiia;iaTr:;*r
Nevertheless, lt is still a small possibility, especially if asno'rslide wipe<l out scrne of the trle cover rtrictr is acting as a screenitherefore I suggest that a wall constructed of vertically e(placedrailroad Eies (8 foor varieryl o" pru.=,r-;;r;i.;ii;-;#tie souur wallof units 53 and 5l protrdirg "pp-*ir*tely four feet aborre grade.
I SCHMUESER & ASSOCTATES, INC.| 1512 GFANo A'ENUE, sutTE 2r0 . cLENWooD spRrNGS, colo'Aoo 81601 . {303) 945.5468
Mr. Abe Shapiro
.tune 11, 1985
Page TtD
T.h""s ts" be enpraced at any distance frcn the buirdings but the croserthe be*er takirs into considerarion -uiiiirG", l"J"Jliiil affecrs,and ease of acrcess. An enpracene;t d-til;;-rliiit'iiiinor sirnilarstructural marerials il.!l,if poJiii"n-in conjuncrion ,ri*, ,,qg ,ro.=detailed st'rcty of tjre hilrsidl a"a-tit.-roroflow berm wour.d cause thenroderate hazard as mapped to Ue nJefinea.
v{ithin ttre area of t}re.hiqh hazard ds slrorr/Dl once again a orbinationof adjustnent of the rine ard ** ritiq"tive structures wi* be inorder. r walked the rpuntain side alove ttrese units as rell as theresidence to the .."t. +l-j:qSirg-the e*a"nt of the outcrop, the arpuntof loose rcci< on rhe hiu;id:, ;nJ--;s that. may have reached the baseof the s10pe. The outcrop above these units is not in the form of acliff but rather as-a-redie ritn a'terate to minimum fricture rratternand little potential for i.targe ilbe; of .blocks leavinq this outcropin tl'e near future lapproximai6iv--ir G"."1. There r^rere few rooserccks on rhe hittside--ard these ;""" i; haG bee;-;t"ppi-iv "cnbination of oravity a"a ""r..ni.tg "I *p"n trees. Because of ttredevelogrcnr ar lhe uaL if ;;i;;i # ascertained how many rocks nerein the rurpff -n" ?frof t" a.".r"s,*;.--F,";-til;;;;,r do believethat mitigative steos shourd b"-aJ;;"i, the unrikety evenr that a rockuDuld bourd alr rhe wav do*n t" *,"-"i"i"il; #'iliiiill'b, R, s andT' rn this case horever r rould sugqest a doubre warl 0f rairroad tiesor other strucrurarr.y sinirar rot"ii.i" u. oor"[*"IJ i;;" usirg 8foot railroad ties) ;i$, tt*-fir"t-r*, nearest the nountain beirgerplaced at least four feet in ue ;;; with four t""i-"rou" grade.At approximaEerv four feet croser-ti-tt" uuiraings-a;G, *, of tiesshould ne enpracea in ttre-sane;;;.";" a second rine of defense.obviously these ties. strould.b. p";l;i"i.a
"o as to protect thebulldings, but rpr the.parkinq ;;;;;-il green spaces. ,rhe rie wallsnay ue benred on rhe sibe croiest-b ril uuildinis.----
It Trfa. p p'referable if r could be on-site at the tirne ofconstruction to insure that the structures recrcnrnended are put in theproper place and in gg proper **.r.--o'ce these structures aree@r-aaeq an! innrovef by-rre-or .,-d;; gualified g""i;;h;i;-professional, then the -map proauJ-ior-Eh. Trr,- of Vail can betr.dified with a different.-pattern perhaps to stror that mitigation hasbeen designed and inplenenred to prot"&-uru u,rrioir[" po"uior"rvincLrded in the rocktall f,o"ioO-"5*".--
scrMUEsElr & AssocrAr€s. ,"". il
o
I.t. Abe Shapino
June 11, 1985
Page Three
rf tlere are any fu5$gr questions, please do rpt hesitate to ontact
HlrJ.rttt be availabre to be "n-ii[.-"t anvtine giver-Jverat days
Sincerely,
scHIrf,rESER & A.SSOCIAIE:S
,/tl'/ t s)'yq'01dr+ /4
Nictrolas lanp'ris, ph.n
.staff ceologist
M./jj
sclrMUESEn & ASSOCTATES, '"".
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D.Nicholas Lampiris, Ph.
CONSULTING CEOLOGIST
PO BOX r 0935
esperu. colonroo 81611
(303) 925-6020
.J r.rn et: 14 .' 1g[:r5
Abe Slr ap r r-o
Shap i rr: Lon::trlrr:ti sril65tlt Sunl:r_rr-:,;t I:r-.i vr:r
F . O. Dr'.rr.rer- 14'11:iVaiI. Colnr-ado Bld_r5ri
[Jnri'pa.ny,
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ffilf,r:5't-r''ntial to yur-.rr-' fr.,m+: sr..tr:ir c1e sn.,r., *-lidirrg and debri-€. :.
A L. tl-rr: r,i te =Fi:,c:. i .f i c I i:r'*l , "r:; :.ri tfr the rercent report IprodLrc*.fd f ur- 'lc-rr"r for witr the Gc..rIf cour-se Tor^rnhomes, I f inrrtlt:it-. tfi* or"ttcr-op rs ^ot in tfr* {r orrn of a cli.f f with mr-rcfrf ractt-tr :i nc.t , but raUrei- _1s .-1 r.',u(:r:!;.,l v{3 I edcle r^ri th I i ttI e'f ractr.rr j.rrll , .rrir:1 tfrsrr.r.,i:()r r..l |iot .r ma-jor contri burtor. c)f loos,er'c[': to Ure iini'ptli aLe e,nvironme.,nt. H(]urever, there areseveral I rrrge r.'cl::'5 cr. ther tri l l eri cie part-way rJ'wn th€! sl .,petrlii cl-r urr.:r'i: :. l-_ c.r;:r p ercJ , prr:b.ebl7 as a r-egutlt- of t-he screeninge'{f ecL o{ the aee.:n tre€1s in c.mbi^.rticrn with modercltron ofg l rln el .
" - 5 Ll E n '-E n-a li .-'.1*m?FFit 1l-rriir ":'il-,l--r ii- y..rttr*r ",ur[+*.t*...rroo.*-is*not*-hi.qh l l]owever,ri:i yclr-r lt.r.r../e lfl r)irrlj)ly rrr::l:i,.:(:fcl , ltttc,re iE .t ";;;=| lde path;ff][)r r];: i in rl.,:.ll y tl-ir] { r'r'.1. er:r..,r of y6r.rr prr)pei- f.y., in urfrii:fr there1.{r'il tt(, ,:t,-.,tr(:'t tr r,(.r!::; i:: I lrr:l lrr I I t,;r clc. I t thr i-' si tr_tnt. IOn weret., clr:f..t' r.li r.e.:r-1..l \, alb(.)\,Fi. llti:i lri.rnre:, ultrererLty gnclt.l_sl i dirrq orarrclt-lter ,'f ri_rlrut',:rri()^ ,/r.:t_ (-t I r:, t: r i:.!;rf l-il.* .1!;p,,-r1 c.Q,,t(:rf. .'f f t-he
Th'=r'e r^Jt-r s .o indicati'n o{ trre {requrency of rocr,:.f:ar l e*ents' j'-rde j nr'r f rorn trrF. rr-rnc.rut ::r:rrc:, br:cat-rEe rrervel opmpnt hss retno.redarlv Ir.t.(:rr'1-i irl *"'i ere^ce- r:.,{ r-r.rc:}'::; n;;'i;.1-;:;".,..Io' at,..l'-;.;;:'"'*"
mffiti?t'J-that."{rhe.-pnr+s.=nt*-cr:n,:li *i-on-q.-.ar,e -:rlreh.-that .{
itffi i;ia'igli "i# +il=.##HFf -an d-t?--
is-";::..' -.= - '. ' .] . r.E+h.E:';
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,Jr.rrre 14, .tctt:r:i f . I t f., Iltt:rcl.| "rl I !.,trrd.,. [n,r.,.,ttr_,rrcr.: lTEi-rt/r.ti.',rt"-J tJ ''V, t
F-'age Tuin
prrotecti .,n L:.,..rl o -fiEa orr,F I r:t_ etJ hry eri ther rrrore borrl ders pl acedin t-h* g*rpE r =urne s.,r-t of {:r..rc.,r.-itrve r-,-ei I ro-rd tie rretwor[,:hetr-rilern the bor.rldet-g" itrr-, pF:,r-hi\Fs (pr ef €?r.abl. y, {rom an.rerth*t i. c gt.i.l: o1 ,ri*r,r) soin* s,.:r-t of her.dy arrcl thicl:ehr-urt:brlr-y p.r1;rntnrl in t:fre q.eps i.r * t-. weleir. t:he b,t.tl ders to {Lrrtheri nr:utre t-h.:t no rr,_:
i : :=fi r: i I,ffiffiiffiffi i+a ilr;is*#' h
pt-ot-er:t!. on lrcrltI cJ be pr.r.tclelrit.
e na=fFi 7E!!71{rf@_ i l- r-EHE h - -a n- - a nq r-e- r o,-t ;gf;
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ft'-ttr;A-F"d-.EFial! -tiiifi6l-T+ r tE_i=_-:_\ry!t,1Lr-r :_ : r.(Jr.J.rr(J .'e nc-l(ne. I f I t h.rrj e.tered mor*_ptlrpendi cutl;rrly i:o'-thqr' re's,i AeircE of .f of the ar-reqq Fr-r,.rr i +..r r y Lu r.rlp i_€9rl denct: o+f of the acceg: road , i tr.udr-t1d li:.ve been a potenti aI prr:bl ern. L-lbvi or_r:rl y r any rna jor
l::11=."ot ns .'r r.e.--tJesriqri '.f rhei drii," ;;;;-;i,"J,ia-'ll#-i;l=
In gtrnimar y r al tfrolrqfr rrcit absol r".rtely necessary, it would beprL(clent- to, in :,ome .nannEr. .f ilI i.n tlre g.rps'between the
!to31 del:, on yot-rr L:Jer rn r F3trlEl_t3t=-st--Eh-ya,e-r6;--r-rffirrffi
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{$rrL:crs Erlr€ uhanqe{ I.f yzou lra,yc., f c$-ther questions, pleasedci rrot hc:::i tate to r:ontact mel.
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fl i c-lrrrl .rs L_ampi ri s
('orrr.r.rl t- j. rrq Geiol ogi st
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INC.ART}IUR I. MI;,NRS, P.E.,
Nalural I hz.irrd: Consuhanrs
222 [ic (irrhic Ave.
(lunnirm, (blrrdr I | 210
)o) - 641.)216
Mr. Abe Shapiro
Shapiro Construction ConpanyP.0. Drawer 1448vail, C0 816J8
Dear 1,1r. Shapiro:
At your request, I
hazard to phase III
study was required
affected. by debris
mapping placed on y
J une 4, tgB5
RE: Debris -avalanche mapping,Vail Colfcourse Townhones .
cornple ted. a site-specific sLudy of the d.ebris -avalancheand IV of tire Golfcourse Townhomes on May 29. Thisbecause construction of Buililing "T.' changed. the areaaval-anches, ard because ou desired to have the hazard
Debris avalanches have been active process the Vail area for many
yp1ca11y occur during May
nrj6mas;tgl;Ai:iiesw:-9*,
.J rure 01 wet years when t.ryplcalry occur during May and Jwre of wet yearirii6n*1]iii3fi6?pack mertsrapidly and the bedrock and solls are highly charged with groundwater. Theavalanches usually remove the wet snowpack, soil , rocks, a-id. most of thevegetation, lncluding nature aspen trees 12" and more in d.i-ameter. Themixture of coarse rnaterlal sltdes and- frows rapidly d.ownslope and. can causevery large lmpact and depositlonal load.s a€arnit siructures. Norma1 consiructlonwll-I not ulthstand the impact and deposttlonal loads.
Desplte hlgh destructive potentlal , d.ebris avalanches decererate and stopf*fi:*l Sloft distances on flat surfaces. .TjrBffi
i6a"a
cqnt_ur_i_gs . Sqteyer,:f,iitjfiihv
1n
sh
DESCRIPTION OF HAZARD I4AP
TP *:b:t:;avalanche hazard. to the Vail Golfcourse Townhomes 1s shom onvrrv r - '?u sca.le hazard map which is a part of this report. Two ]evels ofhazard are shown on this nap as clescribed below.
1. Higlr Ha?ard - These areas are shown as arrows pointlng toilard. thewal]s of the structures most seriously exposed.. Impact and d.epo_sition against the xar'ls wllr extend J-to-10 feet high, but wltr bevery irregular because t.he rteposiL wilt contaln largE iree trunkswhich nay extend werl above tire generar deposit nerghtt. structurardanrage may occur witir wintlow*, a.,,r d.oor. being partliurarry suscep-l.il c l.o f:tll rtrrr.
your de tail ect basernap .
DESCRIPT]ON OF DBRIS AVALANCI{ES
Mos Mstlos c Aul,n.het c Ar n he C,ntn,l llnttnee da,t
U
2' iloderate Haza-rd - These areas are shown as sorrd lines (no arr:ows,)adjacent to the wa1ls of bulldlngs. n"po"ri"-t"re conslst nostlyof rnud', smarl rocks, and srnair. ri"gr"nii-oi-i"fii".ron reee than5 feet deep.' ur-thin rnany parts of the mod.eratJ hazard. zones, d.6-poslts may be only a few- lnches d.eep. n*p"""a-a""rs anrd. wrndowsnay fal1 a110wing nud in the building", t"i-r"5Ji suucturar. o,aar_age ls unllkely.
Lffifi.*"tact me lf you have a.ny questlons concernlng the f1nd.1n6s of thls
Sincerely,
C [,",4 Wb out
Arthur I. Mears, p.E.
Eresldent
Alh1c
Enc1.r 1" = 49, hazard. map.
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T0: Town Council
FR0M: Cornmunity Development Department
DATE: August 20, l9g5
SUB,JECI: Shapiro Geologic Sensitive Maps Amendment
This itemh,as oriqinally heard at the August d, lggs Council Meeting and was"i. .tabled !v tlre couicir i;;;J;; iJ iii*-tne appricant to respond to concernsraised by the Council
The follow'ing is a brief summarization of those concerns:
l. Questions regarding past and future mitigat.ion work. .
Z'' Quest-'ions regarding the interpretation of hazard area delineationsin relation to exiiting structures on the site.
3. Questions regardlng potentiar increase in hazard to adjacentprivate and public properties.
!l
:.'4
T0: Town Council
FROM: Conununity Development Department
DATE: August 6, lggs
SUBJECT: Shapiro Geologic Sensitive Maps Amenciment
The shapiro construction company is requesting an amendment to both theDebris Ftow and Rockfail ;;;i-;i";;.a'nv o",iinunce #5, series r985.
Section 5, paraoraph G,of 0rdinance #5, Series l9g5 ouilines the processto be uti'tized ior'such-a i;q;;;;:- iilt, purusraph states:
"G' Il. ult case where a person wishes to dispute the des.ignat.ion ofany property-3:_l g"gtosr.caliy sensitivg:;;g"_gt Jie or the mapsanci studies-adopted ry inis o""dinance, the forr6wing proceduresshall be foilowbd:
I' A written application shall be filed with the commun.ity DevelopmentDepartment-requesting such a, hearing inJ p.ouii.,ng a supportingsite specific'geologic-investigati;;. - -
2' A hearing sha' be set on a_date a minimum of 30 days afterthe apprication has been fired io-aii; ;;"'; itarr review.
3. At the hearing before the Town.Counci.l , the applicant shallbe given a. reisonable opforiunrty to present his case anclsubmit technicar ano-gebiosic
"uia.n.E' io-iJpi'"i,t his craim.If the s'ite-specific qdoiooic investigation "iiifr ishes byclear and-cohvincing"evijEnie that the property should not- be d"riglglga.as a leorosiliirv"i..ii'iii.,"lii,Jl the Town councilshall direct the cofimuniiv-oevetopment Department to amenci.the map appropriately.,i " -
The application' r"pgrl: and maps submitted by shapiro construction companvhave been reviewed !y lt: co*uiitv"o"verop,neit-l"i pruiiij'works Departmenis.The requested amendnent to the oeuiil-itow maps involves phases III andIV of the Vail Golf Course to"rt,"il.i. The reportand map were prepared .
by Arthur I. Mears, p.E...Inc. rhe-requested amendments'to-tne Rockfalrmaps involves phases^I-IV of ttre vaii-dorf course Townhomes and arsoa residence at r7g5 sunburst Drive. Tie report and map was preparedbv Nicholas Lampiris, ph.D., a seoiosiit wilh s.ffi;r;;I aii Rssociates.
These reports and proposed map amendments, to the best of our knowledqe.present crear and convincing.evidence-thii ir,'"-p""i""iv-;"iJir;-;;;;r='this proposal shourd not be-designii"o-us a geoiogicaliy sensitive area,and that these propo::d^:r::gT:nis present d-;d;iiil;ii pJtentiat hazardto any adjacent public or private pi.ope"ry.
Shapiro Construction Company
June 26, 1985
Community Development DepartmenE
Town of Vail
75 South FronEage Road
Vail, CO 81657
Gentlemen:
Consider thls an t'Of ficial Writ.Een Application with Supporting
the l"lapsl referred to in Ordinance /rl5 (Series of l9g5).
Refer co page 8, Paragraph G. 1., 2., and 3. of said Ordinance
expected to be followed by virtue of chis application.
Evidence to Modify
il5 for the procedure
Enclosed find a "siEe specific invesrigaEion report and map" daEed June lr, 19g5,by schmueser & Assoc., rnc. (Nicholas Lampiris, ph.D. staff Geologlst) for theVail Golfcourse Townhomes Site.
Enclosed find a second 'rsite specific investigaEion report" which
same map done by the same people dated June 14, 1985, concerning
residence at 1785 Sunburs t Drl-ve .
.;.,
inf ormat Lon
or iginal
maps .
above, we should
refers to Ehe
the private
Enclosed find a trslte specific i.nvestigation report and naptt dated June 4, 19g5,by Arthur I. Mears, P.E., Inc. for the Vail Golfcourse Townhomes Sit.e and for theprlvate resldence at 1785 Sunburst Drlve.
As per Ordinance. #5, we expect the following:
(1) The Community Development DepartmenE to study this
and recommend to the Town of Vail Council Ehat the
Ordlnance /15 rnaps be modified as per the atcached
(2) Should there be any quesEion about processing the
.,i
suite c-3, Fall Ridge condontrnrums
P. O. Draw€r 144& Vail, Cotorddo 81658
T€tephone: (303) 476-1 280
Sensitive Areas:
Deb ris-Avalanche Geologicallv Sens it.ive
be notifled at once to meet with
Vail on this mat ter.
Comuni ty Developement Depar tmenE
June 25, 1985
Page Two
If you have
(476-L280)
Yours truly,
(3) I'le receive wrLtten nocice frorn the Town of vail t,hat the originalOrdinance #5 maps are or will be modified accordingly
Tine is of the esaence and we request your ilurediate cooperation in correctJ.ng theseDaPs.
any questlons whatsoever, please phone Abe or Ken shaptro iuraredLately.
SITAPIRO qONSTRUCTIoN C,
okl*,.^fA
Recelved for:
THE TOWN OF VAIL
By:
Abraham L. Shapiro
President
ALS/qr
Encl-osures
Date:
I
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._-----__or"n,"ar's & corvs r'Ucron.s
June 11, 1985
Mr. Abe Shapiro
Shapiro Construction Conpany
1650 Sunburst Drive
P.O. Drar^Er l44nVail, @Iorado 8'1658
RE: vail Golf Course Torvnhones - Rockfall Sturlv
Dear I'lr. Shapiro:
As Per your direction, r have onpleted my site specific investigationof the rockfall study previousty bone ior the noqrr of rrail as itaffects the ttrynhones, phases I-thru-IV. Iro+rard tllis end, I haverevisited the site twice ard have re-evaluated tte aeriai'phocograptrsavailable, espeaially in right of the rew nn:.flcr"r protection designstructure whictr has rec€ntly been put into plaoe niar ard aboveBuilding N.
l* pu are well ahrare' the afor:erentioned study for the Town of vailhas included a portion of,rq- '.urr'e(r d porELon.ot )Dgr property within the trc catagories ofrockfall hazard as designated. - Buildino p ana Builrrino r. ^rc inr.rrrrrru(''rcrr'r nazaro as designatd. Building p and Buil<ring r aie includedwithin a lrpderate rockfill tra"".J ",r,iil=R,ri.t.tirr.,o n o c rr rar -wrEntn a nDderate rockfall hazard drile Buildings O, n] S, f ard apgr_tion of Building A as rclI as the Abe shaDiro resirtpnr.c ,aro tn;.1l as the nbe iro lqsidenc€ are included
SCHMUESER & ASSOCIATES, INC.l5l2 GRANo AVENUE, surrE 2r0 - GLENWooD spRrNGS, coLoRADo 8160.1 . (3o3|945.s468
6gQ.ffi $, :"d F. rutire *pi"Giar-.LffiIi'b;'r.il:where reeded?s dlscusse<l arxi shorrn on thi ""*,Srryi.g *p".
iiaiiEiiv E,p "nia; *" -r J"q";Eilil;;d;thenn brt sorewhat^easterly of the nost significant of theoutcroFpinqs on trre hirrside -"roue. rn urarkiig u," r,irisiJ" r ao rinathat there are severar large blocks partry oowi ttre triir-i..cn' u,e
3*::.f:T_1"3q": tuyg. -these_ro&s sel. ro have u.." "r.rp.a i"!*t:3::-li E-" combinarion or a resseni,E-"i-fi";iil;fiil ;d @the screening effect of the nanv aspen trees on the hillside there.rocks ig1-thfs pa.rticular area have fotrnd
yitlln _ft-,nigh rockfaLl hazard "on"r.ffino*=i;ei#i#rSHF?:fi 'ril5laE;-trHifi ErtrEffii*r
Nevertheless, it is stitl a snall possibility, especially lf asno''rslirle wip<l out sonre of the tree cp,rer wiricn G ;;1fi9; a screenitherefore r suqqest that a wall cpnstructed of verticarly'enpracedrailroad ties ig foot variety) be prace<t verticarry rear the puth walrof units 53 and 51 prot.:di'q'uppo;*ir*iely four fLt-aUo"e-9rade.
u:
Mr. Abe Shapiro
June ll, 1985
Page TID
these can be enplaced et any distanc€ frcn the buildings but the c.oserthe berber raking into consideratGn-utiiiti"",f#""1ir.,9 affecrs,ard ease of access.. An erplac€r.;t J th;;;-ririilj"iii" o, sim'arstructural marerials i:r.g,i: posiiion _ ..ri*"Ii;;iur,my rpredetailed studv of r'e hillsid;-;;-;i;. mrdfror berm r"ould cause thencderate hazard as mag)€d to U. .eO"fin O.
within the area of. tlre.hiqh hazard as shor,rn, once again a onbinationor adjusrnenr of rhe rine"ano-G ^Giii*t;";;;u"'rirr be inorder- r walked ttre nruntai; "ia; aLe these units as r,rel' as theresidence to the "3"t. il-iyq9ir,9-thJ:xrent of the outcrop, the arpuntof toose rock on tl,e hitt;id;; il'-;"-ulut-;;r,Ir""rli"n"o rhe baseof the slope. The outcrop above theJ unihs is not in the form of aeliff but rather as- a_redge witrr i'terate to minirnum iri"tur" patternand little potential for ;.larg; n*G. of .blocks leaving this outcropin the near future.(approximag6iv--io'v"ur"l. There were few roserpeJ<s on the hilLside-irg rieset""; e r,"r[ n ""-"m$&.ny .cqnbination of oravity a"a s..""nifr "r ""p"n trees. Because of ttredevelogrent' ar the uase ii ;;i;';i L ascertained how rnany roclrs rerein the rurnff ane prior t"-a"r.rfr"a. For this L€ason, r do believethat nitigative steps srroura-be-i]i"i"i, rhe unrikery evenr that a rockrcurd bound alr the wav down t" u'"-"i.i"il; ;-;;;iiiilI'b, R, s andT' rn this case horrever r r€uld suggest a double walr of railroad tiesor other structuralry similar *t"iiii" be constructed (aqain using gfoot railroad ries) i,itr, *,.-ri;;-;; nearest ttre nouniain oei.rgerplaced at reast four_feet i"-u. c;urd witn rour ieet-tu" grade.At approximater'v four feet croser-d-It" bui*iings arptler rcw of tieslnogra ue erpracea in $te-san.-ilr,il.'"" a semnd rine of defense.obviously these ties, should be p""lii"r,.a so as to protect ehebuiJ.dings, bur rDr the.parkinf ;;;;;;d green spac€s. rhe rie watlsrnay be benrEd on the siae crojest; th. buildings.
I! Tufd be preferable if f crculd be on_site at the tirne ofconstruction to insure that the stiuciures recorunended are put in theproper place and in gg p,roper ;;;;.- orcre these structures areenplaced ard irrcroved by-nre^oi "r.U;; gualified geotechnicprofessional, riren F" irup-p."a;;';;. rhe nb,h,n of Vait can bencdified wirh a utrS::l!'faa;;;;;;p" to shc&, thar mirisarton hasbeen designed and inprenrented to parotect the buiJ.dings previouslyincluded in rhe rockiatl r,u"i.J-"5nJ"]'
scl{MUESER & AssocrArEs, ,*". il
f'u.r//. r
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lt. Abe Shapino
\tune 11, 1985
Page lhree
rf trere are any further guestions, please do r't hesitate to ontactHlr":.*' be available to be *:ii["-it anytim ti;;-;;rd dbys
Slncerely,
SCIDI'ESER S ASSOCIAIEFi
thilJ^aad
Nicfiolas Lanpris, ph.n
.staff Geologist
Nr./jj
scHMUESEn & ASSOCTATES,
'n".
s
.T
Atre Slrap r r-o
Shap i rrJ Corr--tt-Lrr.:t i ur,l65tlr Ur-rnbr-rr-t;t Irr.i v r..r
F . O" Dr'.rr.ler- l4,l{3
Vail. Ci:1. i::r-adur BI/_rE,:J
Nicholas Lampiris, Ph.D.
CONSULTING GEOLO6IST
PO BOX 10935
ASPEN, COLORADO 816I'I
(303) 925-6020
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:::-::t.]l]t:i Srlarrtncl in rlt+r clap':i beitweern the boLrlder,s to {urrther
y clr thr,:r nrclre boul ders pl aced
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i n=t.rre th.:rt rr S91--Cll',li t'z relateci phenomena strourld reachthe holrsg..lah or Fr-crtenti=
prr-c.rt-ect j. ftr'i rJcruL cI be pr.r_rclerrt _
Fiii'r.rallFrfr En-Tn-tlf -ELrtrh-..an--angt"e-rcr-.tFrs..c
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l'l i r-lrr.:rl .rs L.ampi r i s
[]c.rlsr.rl t- j. rrrl Geiologi st
{dISJ [' I t _j f =gEry; ":=tiiTffil{Ie+91::' a :-.e-'i s:rni?: eri;e-nffficllirD{:1.:!i to t_.r;r:.etje rJorvn l- }r?..: hi ii:ii
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[flis3'MLil?i+sEllu G$lsrJIef Iects tlri.: rlrdr: nclt lr eis; i. L.rte
l.lL.z c I t,:
ARTI.IUR I. MI:,NRS. P.ti., INC.
Natural I lari rrls Cqrsoltants
222il;l;;;"..
(iunnisxt, Col{rrdo 8 l 2 J0
tOJ - 64t.)2J6
June 4,10H<
I'tr. Abe Shapiro
Shapiro Construction Conpany
P.O. Drawer 1448
Vail , C0 816J8
Dear Mr. Shapiro:
At your request, I
hazard to phase III
study was required
affected by debris
napping placed on v
RE: Debris -aval anche mapping,
Vail- Gol_fcourse Towrrhomes .
completed a site-specific slud.y of the d.ebris -avalancheand IV of the Golfcourse Townhones
oecause construction of Buildins ,,T',
avaLanches, and because _you desirect
on May 29. Thi-s
changed the areato have the hazard
Debris avalanches been an active process
ehe -itazartb "Anal
in the VaiI area for marrv
hF.gtt#t;F:El*I"ypically occur durinC May and. June ofrapidly and the bedrock and solrs are hi-ghly charged with groundwater. Theavalanches usually remove the wet snoonpack,- soir, rocks, a-id most of thevegetation, lncluding nature aspen trees 12" and rnore ln d.ianeter. Themixture of coarse materlal sli,Les and flows rapicLly d.ownslope and. car causevery large impact and depositlonal load.s against structures. Normal consiructlonwill not withstand the inpact and depositionat loads.
Desplte high destructive potentlal , d.ebris avalanches d.ecelerate and stop ln*]*l.ifigfl_Elgll4iFtances on flat surfaces. Shffi
i6d''e
DESCRIP1ION OF HAZARD MAP
Tl: *b:i;;avalanche hazard. to the Val1 Golfcourse Tomhomes is shown one.E r - '+u scare hazard nap which is a part of this report. Two revers ofhazard are shown on this nap as described below.
1' HiFb Ha?ard - These areas are shown as arrows point'ng toward. thewalls of the structures most serj-ously exposed.. Impact and d.epo_sitlon against the walls w111 extend J_to_10 feet high, brt HllI bevery irrcgular becausc the rtcposif witl contaln larg- tree trunkswhich may extend werl above tire 6eneral deposit height. stnrcturaldanrage may occur witir winclowr, "nd 4oo.. beint partlcul-arly suscep_
l. i ir'l c 1.o f:tII rrrr;.
centuries.
;:*-iii;;-.;i;a: r 3
detailed basemap.
DESCRIPTION OF DBBIS AVALANCHES
Mott l/artlng o At ont6o c A*lan he Coatn,l linxlace rla11
U
2' rrroderate Haz?Fd' - These a^reas are shown as sorrd. llnes (no arrows)adjacent to the walls of bulld.'ngs. o.po"rt"-tr"re conslst mostlyof nud', small rocks, and snal' f;gr";i;-;i-i"gJi"*on r.eee than5 feet deep.. wr-thin many parts of the rnoderatJ hazard zones, de-poslts nay be onry a few-liches-d.eep. e*po""a-aoors and windowsmay fall ar-10w1ng nud in the buil.lng", b"i-r";Ji skuctual darn-age ls unllkely.
*fi;i.*"*ct rne lf yori have anv questlons concernlng the flndlngs of thts
Stncerely,
Ctl,",{ Wlto,t
Arthur I. Mears, p.E.
President
Al{:1c
Encl.r 1" = 40. hazard. map.
:
Shapiro Construction Company
June 26, 1985
Conmunl ty Development Department
Towrr of Vail
75 South Frontage Road
Vail, CO 8L657
Gentlemen:
Consider this an "0fficial written Application with Supporting Evidence to Modify
the Mapsrr referred to in Ordinance /15 (Series of 1985).
Refer to page 8, Paragraph G. 1., 2., and 3. of said Ordinance ll5 f.or the procedure
expected to be followed by virtue of this application.
Concerning Rockfall Geologically Sensitive Areas :
Enclosed find a "site specific investigation report and map" dated June 11 , 1985,
by Schnueser & Assoc., Inc, (Nicholas Lampiris, ph.D. Staff Geologlst) for theVail Golfcourse Townhomes Site.
Enclosed find a second trsite specific investigatLon reporttr which refers to the
same map done by the sarne people dated June 14, 1985, concerning the private
residence at 1785 Sunburs t Drive.
Concerning Debris-Avalanche Geologically Sensitive Areas:
Enclosed find a "site specific investigation report and map" dated iune 4, 1985,'by Arthur I. Mears, P.E., Inc, for the Vail Golfcourse Tormhomes Site and for theprivare residence at 1785 Sunburst Drive.
As per Ordinance !t5, we expect the followlng:
(1) The Community Development Department to study this {nforrnation
and recommend to the Town of Vail Council that the orlglnal
0rdlnance /15 maps be modified as per the attached maps.
(2) Should there be any question about processing Ehe above, we should
be notified at once to meet_ nlJtl_ snyene _rgfresenting the Town offfi
Suite C-3, Frll Ridg€ Condominiums
P. O. Drawer 'l.148, Vatl, Colorado 81658
Telephone: (303) 4761480
Cornmuni-ty Developement Department
June 26, 1985
Page Two
(3)
Tine is of
maps.
If you have
G76-1280)
Yours truly,
Abrahan L. Shapiro
Pres ident
ALS/cw
Enclosures
We recelve written notice from the Town of Vail that. the original
Ordinance /15 maps are or will be nodlfied accordingly.
the essence and we request your imrediate cooperation in correctlng these
any questlons $hatsoever, please phone Abe or Ken Shapiro imtrediately.
Received for:
TI{E TOWN OF VAIL
By:
-fl... \-fkz e.*A. *4f5 .'faC.or*la \-"*- 7G,l\ts\^,45
tq5\ t\o.- TL.-^ - c'F t"/''\qr,1 -[fl*"c{" ''.- L ^*4
t\*- pnctb ",LtkA toy Ord,^c..^.e.-* 5 , 5or,.5 c'€ llKS ,
T\.f A****+ ac-Lrzu*-r\edfr-, yecraf{- c2f tl"> "^62'"4{"^.-on\1 qil, r^ r^", u/ay r'nar...[e) "h, y:;t.n 0 ,[*WD(L'.,\:__(a
O ,nu,nrE's o conErftrcrors
Jurn 11, 1985
Ur. Abe Shapiro
Shapiro Construction Conpany
'1650 SunburBt Driv€
P.O. Drailer 1448
Vail, Glorado 81658
RE: \rail 61f Course Towntnrres - Rockfall Study
Dear lt. Shapirc:
aE pgr your directlon, f harre orpleted my site qnciflc investigatlcrof the rodcfall study previotrsly dore for the Town of Vail as ltaffects t}te ltrrnlrmes, Phases I thru rv. .lrwrd this end, I ha\rerevisited the site trie ard harre re-cvaluated the aerial photograffrs
available, espectally in light of ttre rnw rnrdflqv potection &slgrstnrcture r*ttch hag recutly be€n prt into place reu ard &rpBullding N.
As lpu are rclI !,ralr!, the aforecnentioned study for the rcrm of Vail
has inclrded a portim of lour p'Fperty wlthin the tvo catagorlee ofrodcfall hazard as designatcd. Buildtng p and Buitdlng L are includcdwithln a noderatc rockfall hazard ntrile Suildings e, R, S, T ard aportion of Erilding A as rcll as the Abe irc reeldcne ce lrrll*dwithinrodcfall hazard mnes.
and the future enplacenent of rpdcfall barriers nhere rnedcd
ard shffii m the acconpanyirg nEps.
easterly trc r-nits ae mt dequately potected by ttre
sometdhat easterly of the mst stgnificant of the
Eherefore I
railroad 8 foot, vari be
aFporl ty fotr f
SCHTUESER & ASSOCIATES, INC.
1512 GRAND AVENUE, SUITE 210 . GLENWOOD SPRINGS, coLoRADo 8.1601 . (303) 94$5/168
outcromings qr the hillside above. In walking the hllleide I do findthat there are several large bloct<s partly down the hill frqn theoutcrcpirq ledges abor/e. llhese rocks seem to harre been stoped intheir desc€nt by a qr$ination of a lesseninS of the slope angte ardthe sc.reening effect of tlre trEny aspen trees on the htll;ide lfrere. fa resuLt, rrery fen if any rcct<s b_this partieular ar6a harre fotrd
Nevertheless, it is sti[ a snrall possibility, especlally lf a
srpr,vslide wiped out sm of tlre tree orzer wtrictr ls acting .r€r a screent
g
These can be enplaced at any distanc€ frqn the h"rirdings but the cloeerthe better talcirg into onsideration utilities, landacapirg affects,
ard ease of acsess. AQ_enol_ac€rrpnt of these rallroad ties or sfudlarstructlral lgterials fn this lnsition in Oonjunetio with ny ncredetailed stucly of the hifkide ard the mdflotr' berm ercxrld oau$ the
nrcderate hazard as rnapped to be redefind; --
|{r. Abe Shapiro
June 11, 1985
rr39e !\rc
Withj{r the area of the hiqh hazard as sho$rn, once aain a onbination
5'-t aa-iustnent of the li}F,.ffi-GffiEi* "tru.[ur." *iu rc ittorder. f walked the nountain side aborre these units as rrell as the
residence to the east in judgirg the extent of the outclop, the arurntof loose rock on the hillside, ard rrrclcs tllat nay have reached the baseof the slope. The outcrop abo',rc these units is not in the forn of acliff but rather as a ledge with a noderate to minim:rn fracture pattern
ard little potential. for a large nunber of blocks leaving chis outcropin ttre rear future (aprcxirnateLy 20 years). llbere rere fs lose
rccks on the billside ard these sesn to have been stoped by aqnbination of gravity and screening of aspen trees. Because of ttre
develogmnt at the base it could not be ascertalned hory nany rocks r*erein the rutpff ane prior to dev:loEnent. Fror this reason, I do bellerrethat mitigative steps shourd be taken in the unlikely event that a rockrculddown to_the_ViSgity of Buildings n, R, ST. tn this cise a doubleor other structurally similar nuter
the
aced at fourIy foqg feet closer to the
Obvious ly Lhese t ies stggld_bg j-fioned ". s as lo_pLoreq9. the
qql]dine9,=_bUE 49._t_ ttre parking areas and green spac€s._ Ihe tie mlls
rrny be benned on che-lfile cbsest to rhe-E-uTfdlffiil-
ft rculd be p,referable if t could be on-site at ttre tinre ofconstruction to insure that the structures recqrnerrded alre grt in theproper place and in ttre foper manner. Once these struetunes are
enplaoed ard inproved blz nre or another qualified geotechnicprofessional, then the map poducred for ttre Toon of Vait can bettpdified with a different pattern perhaps to str*r that mitigation has
been designed and ilrplenented to Frotect the h.rildings previously
included in the rockfall hazard zones.
SCHMUESER & ASSOCTATES,
'N".
S
lE. rb ftptro
Jtlt 11, 1985P?. Itn
Sfunnly,
sclirrE8[il r tgErcIAtts
al-l t /)/ tt- t^ f /- I[*vw tryvr\'
lfldplar l*rlr, Ph.Dsteff Cblqtsl
If th.!!r G. rry llrrtl*r qtEtlort, plcec dc mt lfittdc to c*:tro I rlll b aneil$ta b b qrsitc tt rlytlD gtvrr *r!rd ertDtlcl.
scHxuEsGR I ASSOCTATES, tiC. th
I
I
I
ft
,i Nicholas Lampiris, Ph.D.
CONSULTINO OEOLOGIST
PO 80X 10935
ASPEN, COLORADO 81611
(303) 925-6020
Jurrre 14, l9B5
AFre 5hapi ro
Shap i ro Construrct i sn Comparry
165(:, SLlntlLrr!it- Dr i. ver
F. O. Drar.'rer- 14rlB
Vai 1 . Ci:l orado A165tl
G,:P*1"ificL rrd ed
wlr i. i::h I cl i cJ f c.rr the town o"f. Vai I
RE: Frcrc [,:tar 1 srudy - - f*rr rJence- t7 ffr/.-'"h^d D-.)
Dear Mr, 5hapi ro;
I have com;:1 eted niy geol og i c i nvest i qat r on o.{: the pote,nt i alqeol og i. c har ar"clr, t:o ;rour hornegi te wtr i ch i rrc I urdeg a l. ool,; at
r"oc[,:{al I pr:tenti aI "r* well as anv nther. gec:logic harard which
rni qht a{i: ecl: vourr lrornr..
."€crnblrr s t- Diji ve lras' Lrc.en-cntegr:ry of tlre 'l.rppin,*t
of,-.palTed fhe fil'tlr;ide.rbove yorrr homer trp to tfre ontcroppind!'-
Tefftj6E-*?ifrA-50fl or 600 f eet above. I also ciis::-crr:3ded fffad:-d,1dpe dcrwn toward y,or.rr lrome tc eval urate the f requrenc.y_-frfl1 "
,]rtrterlti al f or- rr:cl:.f atl 1, as well as r:thr:r gravity r_ela.te_d,:: ..ha;:ar r:J, pot:errti al to yor-rr. home rsL(ch .,1s gnow gl i di ng and debrig'f I Dws:
At t-he r-, i te s;:ec i .f i c I r".vel I ,, a s:; t.ri tfr the recent r€port Iprorluced ,f or- you {or with the Gol f tlor_rrge Townhomes " I f indt:h;it the ortt-cr-op j.g not in the {orm of a clif{ with mr_rch
'f r.actnring, but r-ather as a r-ecr:ls:;ive ledge with l ittle{r'actr,rr j.nq n ancl ther-e.f ore not a ma_ior contribLrtor o{ I ooserncl: to the irnrrerliate environmeint. However, there areseveral large rocf,:s orr the hi l lside part-way down the slopewlrich urere stcrpped, probably as a regltl t_ of the screeninge{fect o{ the alrpen treeg in combination with moderati on ofglooe.
There war: no irrdication o{ t-he, {requtency o{ roct":f al I events
"jerdgi.ncl from the rutnout ;:one, becaurse devel opment has removedany potential r.lviclences o{ r-oc},::r havi nc1 r'eached that area.tiliilt*-?1ff?"f€Grl-ttrat-,-the present ct?nditions rr sLrch thet ..
.""rr.rf [,:{al .L ha:.-.rrcJ to yr,nr irnmecliate home is not hight trowever,
a13 yclu h;rvc-r prol.r.eb I y not i. c:e,rd , there i s .r snowst i de pattlapprrfxinrattlly llj(:i "f eet el;rr:+ o{ yoLrr proper-ty, in which there
itr"i.? r'r() a'j:ipfin t r r.,r+r1i on the lr j..1. Isj.cle. If this sitcration weretcl occLri- di r-ect l. y abuve tlre lrome, whererbry gnow-sl iding or
.another- ptrenomerron wErL! to c l. ear the as;pen cov€?r o$ f thefti I I*i.tIe.r, ttr€rn thqt rclcl,:.ral.l. lra:.r;lr-d wourl d increase to yourr
hom-ei... ffither snowsl i cles nor mudf loWE, and o+
stJtrrser,, falling rocl*s, shoutlcl reach the h or-rseiffip.
t
l.o
Jurne 14, f 9B5 f \
Rock{ar I titudy --@""dence nffi4'./*al'/D/.. )
Page Two
It wourld be bettErprc}Eecrr {)n co|.rl d -l'-e completed by either morc bouldgc oltslrd
Ll*E-grREL:o,jne sort- _9{_.- {.gcgraliv_g- 1Ii LoCa ,!imt-o.taffi ".-" I o:: ;:FF lo=r 5il#ffi.f*' *
aegthetic point of view) some sort o{ hardy end thick
ecti on colr
insure thatthe house.
rprotection woul d be prudent.
pvi ty related phenonrna ghould roch
illside, then this
shrubbery planted in the gaps between the bouldnrc to furthrr
would have
I andecapi ng
mi nd.
been a potenti alor re-design o{
er pErnd r cLr arly to tne Fes dence o{{ of thc acccf; rordl ltproblem. 0bviouslyr eny nrjorthe drive area should krep thlr
In summary,prudent to,
bouLderg on
although not absolurtelyin some ,nenner, filt in
necessary, it woul d bcthe gaps betwcen the
ons, plmtl
yonr berm
o not hesitate to contact
Si ncer,el y, .",/14-,/ t .///' W'wTn b--*//h
Ni chol as Lanpl ri s
Congulting 6eologirt
NL/cl k
t
/:t'
ARTFILR l. MEARS, P.E., Il.lC.
l,bmdFLan&C.mdm
TL2E.cr,'r.AP..
Cnic Cohn& El2ll
nt-ut.?2%
Mr. Abe Shaplro
Shaplro Constructlon Conpany
P.O. Drarer 1448Vail, C0 81558
rapldly and the beilrock a.nd. solls
avalanche s usually re.nove the wet
vegetatlon, lncludlng na.ture aapen
mlxture of coarse rnaterlaL slldes
very large lnpact ancl cleposltlonalrllL not rlthstanal the lnpact and
June 4, 1985
REI Debrls-avala.nche napplng,
Vail Golfcourse Tonnhones.
Dear Mr. Shaplror
At your request, r conpretecl a site-specific study of the clebrls-avalanche
hazard to phase IlI and IV of the Golfcourse Toxnhones on l{e,.y 29, Thls
stud.y was requlred because construction of Buildlng "T" changett the areaaffected by clebris avalanches, and be cause you desired to have the hazard.
ed. basena
DESCRIPNON OF DBBIS AVAI,AT{CI{ES
Debris avalanches have been an actlve the Yall area for
centurles .
acally occur durtng I'lay a^nd June of ret years ncltg
are hlgNy charged wlth grormdrator. Tho
snowpack, soll , rocks, a.nd. nost of thc
trees 12" a,nd. nore ln itlaneter. lbc
and flows rapldly clormslope and can cause
loads agalnst st:nrctures. f,ornal conctnrctloa
tleposltlonal loads.
The
the
Despite hlgh clestructlve potentlal, debris avalanches decelerat€ and stop 14relatlvely short d.lsta^nces on flat surfaces.
DESCRIPTION OF HAZARD I"IAP
debrls-avalanche hazard. to the Val1 Golfcourse Townhones ls shorn on1" = 40' scale hazard rnap which is a part of thls report. Two leveLs of
hazard. are shom on this map as d-escribed below.
1. Hieh Hazard. - The se ar€as axe shonn as arrows polntlng torard. thewalls of the structures nost seriously exposed. Lnpact a,nd depo -sltion agalnst the walls wlll extend J-to-LO feet hlgh, brt ril_L b.very lrregular because the deposlt nill contaln large tree tnmke
whlch nay extend. well above the general deposlt height. Stnrctural
d.amage may occur with winclows and doors betng pertlcuLarLy nuscep-tlble to fallure.
LbWdq . Aoe&lrcla o A&vh C.olt'pl F@ld
r
U,
2. Iglrratq Fazerd - Theae areas ar€ ghown ag sollcl 1lncs (no racorr)adJaccnt to the rall,s of bufliflngs. Deposits hcrc conclct rortlyof nrud., enal-I rocks, anal snall fragnente of ve6etatlon lclr tha
J feet d.eep. tllihln rnany lnrts of the rnod.erate has.ral zonco, d.c-poglts nalr b only a fer lnchee deep. Exposed doore and rlndorc
nay fall al.lor1ng nud in the bullrllngs, b,ut najor struchcal alu-
a6c ls rrnltkel,y.
rlease contact ne lf you have any quesllons concernlng the frndbgE of thlrreport.
Slncere1y,
Cfrnl wb*t
Arthuc I. lleara, P.l.
?reelttcnt
Al{rlc
Ercl.r 1" = 40' hazaril nap.
o
T0: Town Council
FRO',|: CommunityDeve'lopmentDepartment
DATE: August 6, .|985
SUBJECT: Shapiro eeotog'ic Sensjtive Maps Amenciment
The shapiro construction company is requesting an amendment to both theDebris Flow and Rockfall maps adopted by 0rciinance #5, series .|985.
section 5, Paragraph G of 0rdinance #5, Serjes l9B5 outljnes the processto be utijized for such a request. This paragraph states:
"G. In any case where a person wishes to dispute the designation of
any property as a geologically sensitive area by one of the maps
anci studies adopted by this oidinance, the followjng procedureishall be followed:
1. A written application shall be filed with the Community Development
Department requesting such a hearing and providing a supportingsite specific geo'logic investigation.
2. A hearing sha'l 1 be set on a date a minimum of 30 days afterthe application has been filed to allow for a staff review.
3. At the hearing before the Town Council, the applicant shallbe given a reasonable opportunity to present his case andsubmit technical and geologic evidence to support his claim.If the site-specific geologic investigation esiabl ishes byclear and convincing evidence that the property should not
be designated as a geologically sensitive area, the Town Councilshall direct the Community Development Department to amendthe map appropriately.,'
The application, reports and maps submitted by shapiro construction companyhave been revibwed by the Community Development anb PuUlic Works Departmenis.
The requested amendment to the Debi'is Flow'maos involves phases III andIV of the Vail Golf course Townhomes. The relortandmap were prepared
by Arthur, I' Mears,'P.8. Inc. The requested amendments to the Rockfall
maps involves Phases I-IV of the vail'Golf course Townhomes and alsoa resiclence at 1785 sunburst Drive. The report and map was preparedby Nicholas Lampiris, Ph.D., a geo'l ogist with schmeusei- and Assbciates.
These reports and proposed map amendments, to the best of our knowledge,present clear and convincing evidence that the property involved withthis proposal should not be designateo as a geologicaliy sensitive area,
and that these proposed amendments present no additionai protential hazardto any acljacent public or private property.
Vari ance J-
3. The effect of the variance on light and air, distribution of population,
transportation, traffic facilities, utilities, and public safety. N/A
B. A topographic and/or improvement survey at a scale of at least l" - 20' stamped
by a Colorado licensed surveyor including locations of a'l I existing improve-
ments, including grades and elevations. 0ther e'lements which must be shown
are parking and loading areas,'ingress and egress,'landscBped areas andutility and drainage features. See maps submitted with letter of June 26' L985.
C. A site plan at a scale of at least l" = 20' showing existing and proposed
buildings. See maps submitted with letter of June 26, L985.
D. All prefiminary build'ing elevations
the dimensions, general appearance,
ex'isting and proposed on the site.
E. A preliminary t'it'le report to verify
F. If the proposal is located in a multi-family development which has a homeowners'
association, then written approval from the association in support of the
proJebt must be received by a duly authorized agent for said association. N/A
G. Any additiona'l material necessary for the review of the application as
determined by the zoning administrator.. N/A
* For interior modifications' an improvement survey and site p'lan may be
waived by the zoning administrator. N/A
and floor plans sufficient to jndicate
scale and use of al 1 buildings and spaces
N/A
ownership and easements N/A
IV.Time Requirments
The Planning and Environmental Comnission meets
of each month. A complete application form and
(as described above) must be submitted a minimum
PEC publ i c heari ng. No 'incomp'lete app'l i cati ons
admin'istrator) will be accepted by the planning
nated suhnitta] date.
on the 2nd and 4th Mondays
a'|1 accompanying material
of 4 weeks prior to the date of the
(as determined by the zoning
Deliver to: ilil"ii.iti5l,.ool. o.0..t Town of Vail . CO
a
-Application Date 'J"". zo. rg85
I
COUNCILIEf'ilttfIrue Onre Aususc 6, 198s
APPLICATION FOR A VARIANCE
This procedure js required f9f qny project requesting a variance. The applicationwill not be accepted until aIl information js submjtted.
A. NAME 0F AppLICANT SHAPIRO coNSrRUCrIoN co.
ADDRESS 1650 Sunburst Drive (P.O. Drawer 1448)
Vail , CO 81658 p11gpE 476-1280
B.NAME OF
ADDRESS
APPLICANT' S REPRESENTATIVE Abe or Ken Shapi-ro
Same as above
ppgpg 476-1280
NAME OF 0WNER(S) (type or print) Shapiro Construction Co. as Developer
Si qnatur Shapiro Realty as Property Manager for all Condominiums
ADDRESS Associations of Vail Golfcourse Townhome Proiect
(address same as above)pg6pE 476-1280
D. LOCATION OF PROPOSAL
ADDRESS A11 of the effected units of Vail Golfcourse Townhone Project
LEGAL DESCRIPTION LOT BLOCK FILINc N/4 accordine to Rick Pvlman
E. FEE $r 00
THE FEE MUST BE
YOUR PROPOSAL.
F. A list of the names of owners of all property
INCLUDING PROPERTY BEHIND AND ACROSS STREETS,
THE APPLICANT l.,ILL BE RESPONSIBLE FOR CORRECT
rlr. F0uR (4) c0prEs 0F THE FOLL0WrNG MUST BE SUBMTTTED:
A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE
REGULATION INVOLVED. THE STATEMENT I4UST ALS0 ADDRESS: discussed wirh RickPylman. See our l-etter of June 26.. 1985 Frith attachments.l. The relationship of the requestqd variance to other existing or potential
uses and structures jn the vicinity. N/A
2. The_ degree to which relief from the strict or literal interpretation andenforcement.of a-specified regulation is-necessary to achieie compatibility
and uniformity of treatment among sites in the vi-cinity or to attlin theobjectives of this title without grant of special privilege. N/A
PAID-asleqhciL-C K #$GC- FROM sr,"pito cor,"rr,r"t
PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT l,lILL ACCEPT
adjacent to the subject property
and their mai'ling addresses.
MAILING ADDRESSES. N/A
II. A PRE-APPLICATION CONFERENCE l^|ITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED
TO )DETERMINE IF ANY'ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION l.llLL BE
ACCEPTED UNLESS IT IS COMPLETE (I4UST INCLUDE ALL ITEMS REQUIRED BY THE ZONING
ADMINiSTRATOR). IT IS THE APPLICANT'S RESPONSIBILITY TO MAKE AN APPOINTMENT
|r{ITH THE STAFF T0 FIND OUT AB0UT ADDITIONAL SUBMITTAL REQUIREMENTS. Disbussed
with Rick Pylrnan. See our letter of June 26, L985 r^rith attachments.
PLEASE NOTE THAT A qOTqLETE APPLICATION WILL STREAMLINE THE APPROVAL PROCESS FOR
YOUR PROJECT AY OTCMSING THE NUMBER OF CONDITIONS OF APPROVAL THAT THE PLANNING
AND ENVIRONMENTAL COi"1MISSION MAY STIPULATE. ALL CONDITIONS OF APPROVAL MUST BE
COMPLIED WITH BEFORE A BUILDING PERMIT IS ISSUED.
.i
OVER
=.^-/ \t_
:9:.7:*.:{-V-.^.>Z--l'-4
=q-€.Y-€\-Y-4\:-4\:-4\-v'4\:-..:-=.---::a\:.-:r_*_--.:\*L->l:.d
Shapiro Construction Company
September 6, 1985
ltr. Peter Patten
Director of Planning
Comrnunity Development Department
Town of Vail
75 South Frontage Road
Vall, CO 81657
RE: REPLACEMENT LETTER FOR SITE-SPECIFIC ROCIGALL STUDY, VAIL GOLFCOURSE TOI{NIIOMES
Dear Peter:
As you know, at the pubJ-ic meetlng held s ome veeks ago when the Tovn Councll
voted to have the site-specific GSA studies for the Vail Golfcourse Toronhomes
referred to on the Town of Vail napsn the Council requested that the site-
specific study by Nlck Lanpiris be redrafted t,o be more clear. Per their
request, please find enclosed an August 30, 1985 slte-specl-flc letter which
should replace in its entlrety the previous less clear l-etter dated June 11, 1985.
This new Letter makes no reference to proposed or future nitlgation and only
deals with the facts as they currently exist and as outLined on the nap dated
June 1-4, 1985, of which you are al-ready ln possession.
Should you have any questlons concerning thls replacement l-etter, please donrt
hesitate to call.
Yours tru1y,
SHAPIR
eth E.
Vice-Pres ident
KES/cw
Suite C-3, Fall Ridgc Condominiums
P. O. Draw€r'1448, lbil, Colorado 81658
Telephone: (303) 4761 980
P.S. Enclosed also find the new revised
letter that rras requested, dated 9-3-85t
referring to the same maps dated 6-14-85'
but referring to the single famlly horne
at 1785 Sunburst Drive, Vailr C0.
l'
Nicholas Lampiris, PhD
CONSULIING GEOLOGIST
PO BOX ,t0035
ASPEN. COLOSADO 81611
(303) 925-6020 oFF.
September 3, 1985
Abe Shapiro
Shapiro Construction Eompany
t65O Sunburrst Drive
P.U. Drawer 1448
Vail, Colorado 81658
RE: Rockfall Sturdy -- Regi dence
Dear Mr. Shapiro:
I have completed rny geologic invegtigation of the potential
geologic hazards to your hornegi te which inclr-rdes a look at
rockfall potential as well as any other geologic hazard which
might affect your home. Ag you well knowr ytrr-tr residence on
Sunburgt Drive hag been included in the high rocll{al1 hazard
category o{ the mapping which I did for the Town o{ Vail.
I wal ked the hiltside above your home utp to the oLttcropping
Ledges some SOIJ or 6t)tJ {eet above, I algo cri ss-crogsed the
slope down toward yolrr home to eval utate the {reqltency and
potential for rockfall, as well as other gravity related
hazard poterrti al to yourr home snch as gnow sliding and debris
f I ows.
At the site specific level n as with the recent report I
produced {or you for the Golf Colrrse Townhomes, I find that
the outtcrop is not in the {orm o{ a cli{{ with much
{racturing, but rather as a Fecessi ve ledge with little
{racturing, and there{ore not a major contri butor o{ Ioose
rock to the immediate environment. However. there are
several I argei rocl:s on the hillside part-way down the slope
which were stopped, probably as a result of the screening
effect o{ the aspen trees in combination with rnoderation of
sl ope.
There was no indication o{ the {requtency o{ rock{alI eventsjudging from the runout :one, because devel opment hag removed
any potential evidence of rocl:s having reached that area.
Generally, I feel that the present conditions are euch that
rockfall ha=ard to your home is not high; howeverf as you
have probably noticed, there is a Enowslide path
approximately 15O feet eagt of yolrr propertyt in which there
are no aspen trees on the hillside. It is my understanding
that the snow did not cross the roadway. If this situation
were to occLrr directly above the home, whereby gnow-sliding
or anothe?r plhelnomenon were to clesrr the a6pen cover of f thp
hillside, then the rockfall hazard would increase to your
home. As it is now, neither gnowsl ides, mudflowsf nor
falIing rock:s ghould reach the lrouse proper.
Beptrnber 3n 1?Bs
RockfalI Study -- Residence
Pege Two
You have wisely ingtalled a partial barrier of deconative
bouldrs around thr pcrineter of the houser facing thr
hillridet and in conjunction with the raigedr grassy bcrm
thrr, thcse should provide gone measure of protection {ron
rny grevity relatrd geologic phenomenon which coutld be
dirrctrd at the horasite. There is the smal l chanca thrt rn
reprclrlly ectivc rock could {ind its way through the
protrctiont but would not have much impact on the hoog.
Fortsnrtrly, the drivrway co ss in at such an angle to thc
hillrido that thrrr lr vtry fittle chance thet it could nct
er r conduit to+lrrd the hone.
I cln rodify the rockfell hazerd to your imrnediate rngidlncr
ln coniunction with the Town of Vail's rnaps to show thet
thrrr her bcen ritiEation, i.:,. the grassy berrn and bouldrrr
r*rich hrvn baon irplaced. The rnap produced for thr Golf
Courre Tornhores rcflects this change. If you have {urthrr
quntionrr plea:e do not hesitate to contact me.
Sincerelyr -,'f*{tt,-/'+hNicholas Lempirts
Congulting Geologist
l{-/cI k
.i"$.1
On,"r*s & corvsr'Ucro's
August 30, 1985
I't. Abe Shapiro
Shapiro Construction Conpany
1650 Sunburst Drirre
P.O. Drawer 1448vail, Colorado 81558
RE: Vail Golf Course Townhones - Rockfall Studv
Dear Mr. Shapiro:
As per your direction, I have oolqlleted nV site specific investigationof the rockfall study previoulql dore fo,r the Totm of Vail as it
affects the ltq*nhornes, Phases I through Itr. Ttmard this end, I have
revisited the site twicre ard ha'ae re-evaluated the aerial photographs
available, especially in 1i9ht of the rew nudflow prrctection design
structure which has recently been prt into place near arrl above
Building w.
A.s you are rrel1 alrare, the afore-nentioned study for the ltlildn of Vail
has included a portion of lour protErty within the tro categories of
rod<fall hazard as designated. Building P ard Building L are included
within a ncderate rockfall hazard wtrile suildings e, R, S, T ard a
portion of Building A are included within the high rcc*fall hazardrcnes. t'ty site specific investigation leads ne to nndify these zones
scnshat based on a rore detailed str:rfur of the hillside, and andjusbrcnt based on t}re presently installed mudflow structure.
the mdfloc structure as desigred ard built will afford rcckfall
Srotection to all of Buildings L, M and N, and the r,resterly tvD unitsof nrilding l. llhe easterly tro units of Building P are rpt adeguately
protected br the berm but are sqnewhat easterly of the rrcst significantof the o:tcroppings on the hillside above. tn ualking the hillside, I
alt find that there are several large blocks partly dovn the hill from
the outcropping ledges above. lltrese rocks seenn to have been stopped intheir descent by a onbination of a lessenirg of the slope angle and
the screening effect of tbe rany aspen trees on the hillside there. As
a result, very few, if any, rocks in this pa.rticular area have fourul
their way to the area of nuilding e. f have, therefore, revised ntrr
rrcderate hazard designation in this area to include only the tr.D east-
erly units of nrilding f.
Within the area of tlre high hazard trreviously slror*n affecting Buildings
O, Rr S, T and Ar an adjustnrent of the line wilL be in order. I walked
the npuntainside above these units to judge the extent of the outcrop,
the anount of loe nocic on the hillside, ard rocks that rnay have
readred the base of the slope. lthe outcrop above these units is rpt i.n
the forn of a cliff, but rather as a laclge with a rpderate to minfunrrn
fracture pattern ard llttle potential for a large nunber of blocks
leavirq this outcrop in the near future (agxoxirnately 20 years).
llhere were fes lose rccks on the hillside, and these seern to have been
SCHMUESER & ASSOCIATES, INC.
1512 GRAND AVENUE, SUITE 210 r GLENWOOD SPRINGS, COLOBADo 81601 . (303) 945.5468
i.
I
I rr.t Ir, 19f5I :. $r shptt!
I rttn
.''nrya bf | .F*tr*'ldr of, gnevity trd scrreaning of Wn tr.os.Iar of tb anlqn* * th brrc, it cpuld not bc arcertrtmdt tnry nir rn la tltr nmff nr pior to dwolpnt. hr th..EtEr I hm r.-d.afui.al tha lintts of $e hl.gh hMrd trGa p.r ryffilq dd.d &n la, ttt05.
Il tirt rrr rl, frrrUrr gnations, please,.fu rpt hesitate to ontactl. I dU b ryell"$b to br qr sitc at, arry tim girren serrcrel dryrrd,io..
tllnrly,
ffiI8Gn r rstrIxtG8, nc.
t4.',,1 f | //lvlqlx H/tiil#:ra hririr, !h.D.ftdf fiologtrt
t,[,*et%l2
I
j
I
scHruEsER lA.'..IATES,,*". fl
o
I NTER-DEPARTHE}ITAL REVI Et.|
A€ze 4^;g- (e..*rre
EP z.€ fury
Prcuxz -fiqc,p^ /4=^*o l/n /9^*"-*,
DATE SUBMITTED:DATE OF PUBLIC HEARII{G
COffiEIITS IIEEDEO 8Y:
BRIEF DESCRIPTIOI{ OF THE PROPOSAL:
(go,-.-2j1^;,a+ubal S F*oa1 (.aaeat
rhm&xot.4 Qoe*eqc( /Y/n .--L
PUBLIC UORI(Sffi 4l ,ate&z,kf
Colrnents: / ' *r. 4.,, 4r*,*ctt< Q@ /e*ra.o kttatot,.tL ,kxs Qre *,
FIRE TIEPARTI|IENT
Revlerred by:Date
Comnnts:
POLICE DEPARTI''IENT
Revlewed by:
Cqnnents:
Date
RECREATI 0ll DEPARTI.|EI{T
.Revlewed by:
Conrnents:
Date
llatq:'
$trl
t! /'
lanu.s thl (rltil b] N'J rLb jlt
APPLTcATToN FoR \t}l+
CONDOMIN IUM/TOWNHOUSE PLAT REVIEhl
DA
Ui
ff Nov. 18, 1985
NAME OF
MAILING
APPLICANT S Cons truc t ionaro
l ILAADDRESSDrawer Vail, Colorado 81658
PHONE_gzerzgO_
B.NAME OF
MAILING
APPLICANT'S REPRESENTATIVE Kenneth shapiro
ADDRESS P.o. Box 904
Vail. Colorado
C. NAME OF
Ol.lNER'S
MAILING
rinf rq tPROPERTY OWNER
SIGNATURE
PHoNE 476-7Lzz
PHONE 476-1280
ADDRESS Drawer L448 Colorado 81658
D.LOCATION OF PROPOSAL
LoT 1 BLoCK SUBDIVISIoN sunbursr
FEE $100.00
F IL ING
E.
F.
pAtl---tLoo.oe-e,Kfl2k't5) t r f t IJZS'wf'/
MATERIALS TO BE SUBMITTED
l. Three (3) copies, two of which must be mylars of a site map followins therequirernents of Section '17.'16.130(C) 1,2,3,4,6,7,9,9,'10,'lt, lg and '14 otthe Subdivision Regulations.
?. The condominium or townhouse plat shall a'l so inc1 ude f1 oor plans, elevationsand cross-sections as necessary to accurately determine indiiidu;l alr spacesand/or other ownersh'ips and tftne project wis bui'lt substantiattV ifre simeas the approved plans.
3. A copy of the condominiun documents for staff review to assure that thereare maintenance provisions included for alI cornmon'ly owned areas.
APPROVAL PROCESS, REVIE}I CRITERIA
These can be found in chapter 17.zz of the subdivision Regu'lations.
FILING AND RECORDING
The zon'ing admin'istrator shall be the final signature required on the plat sothat the Department of community Development will be responsible for pi^ompt'ly
recording the approved plat with the Eagle county clerk ind Recorder.'
H.
PROJECT:
DATE SUBI'IITTED:
COFil4ENTS NEEDED BY:
BRIEF DESCRIPTI0N 0F THE pROp0SAL:.
FIRE DEPARTMENT
I NTER-DEPARTMENTAL REV I EI"I
DATE OF PUBLIC HEARING
Reviewed by:
Comments:
Date
POLICE DEPARTMENT
Reviewed by:
Comments I
Date
RECREATION DEPARTilENT
Reviewed by:
Conments:
Date
' Book'332
P,tgit /t96
,:.'t
.,"
*d ecorded at 12:30P1'l November 25, 1981ecorder: Johnnette Phillips JSte County
J),i
t\
\1r./ .t\
12',
THE
ARIICLE
ARTTCLE
AIIICT,E
AR?ICLE
ARTICLE
I
II
III
IV
v
4
{
o
0
4-,nv
, It\V
4
5
5
5
5
5
5
Orrnership of Common
The Use of General
Elenents -
and Limit,ed
7
7
ree rrea.@g,
CONDOI'I IN IUM DECLARATION
FOR
VAIL @LFCOURSE TOWNHOI.,IES ASSOCIATION
PHASE III
TABLE OF CONTEN?S
page
Definitions . l
CondoniniunMap. . z
Division of Property Into
Condominium Units
Linited Common Elernents
Inseparability of aCondoinium Unit . .
Description of Condominium Unit.
Separate Assessment andTaxation - Notice to Assessor
Ovncrship-Title..
l,lembership, Voting, proxies and
Quorum . .
Section A: Classes of Membership
and Voting Rights .Sectlon B: Definition of Weighted
Percentage Vote . .Section C: Proxies . :Section D: Designation of Voting
Representative - ProxySection E: Quorurn
S AtrtrcLE vr
INtrICLE VII
II'ICLE VIII
AI'ICLE IX
ANSICIJE X
TRTICIJE XI
ARTICLE XII
and Egress.
Ternrination of Mechanic' s
Comnon Elenents
Use and Occupancy
Easenents for Encroachments andConstruction Pacil it.ies.
Seetion A: Easement for Encroachment .Section B: Easement for ConstructionFacilities. .Section C: Easement for Ingress
ARTICLE XIII
and Indemnification tien Rights
{
\
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
Administration
Managing Agent
Certificate
Reservation
Repair and
Maintenance
Bal con ie s,
Section A:
Sect ion B :
Conpl iance vrArticles ofthe AssociaPartition
anci I'1a n aq emen t -
of Identitlz
for Access, Maint.enance,
Emerg enc ie s
ResponsibiliCy of Unit
Par)<ing and Storage Areas
Owner I s Responsibit ity
Association' s Responsibil ity.
ith Provisions of Declaration,Incorporation and By-Laws of
tion and Prohibition .Aqainst
9
9
9
'10
1l
ARTICLE
ARTICLE
ARTICLE
ARTICLE
xrx
XX
XXI
XXI I
Revocation or Amendment to Declaration
Additions, Alt.erations and Improvement ofGeneral and Limited Common Elements
Insurance
Assessments .
1t
12
tz
l9
14
tf
15
tr,
15
16
Section A:
Section B:
Section C:
Section D:
Sect ion E :Section F:
Section G:
Sect ion H :
Section I:
Assoc iat ion
Section A:
Sect ion B :
Covenant of Personal
Obt igation of Assessrnenb.s . .Proration of Common 0xpense
Assessments
Comnon Expense
Util ity ChargeObligation to
Reserve Fund
Special Assessnents 15Liabil ity for Assessments . 16
Lien for Assessments 15
18
Promulqation of Rules
Assessnents.s.
Pay As se s sment s
ARTICTE XXIIT
ARTICLE XXIV
and Regulations :Payments to Working
18
IB
18
19
19
a,tLI
ARTICLE
ARTICLE
ARTICLE
ARTICLE
xxv
XXVI
XXVI I
XXVI I I
Capital r\ccount
Liability for Common ExpenseTransfer of Condominium Unit
Up,:n the
Mortgaginq a Condominium tlnit - Priority.
Right of First Refusal by Owners
Exemption from Right of First Refusal -First Mortg agees
Exenption from Right of First Refusal -Other
-t't-
ARIICLE XXIX
ANTICLE XXX
ARTICLE XXXI
ATIICI.,E
rrllcl8
IIIICI,E
AETICLE
rttrctrE
Perronel P
n glrtrati
Prriod of
Reereetion
Rescrvatio
Proj cct
Certificate ofFirst Refusal
}.srociation as
Condennation
Compliance - Right of
Attorney- in-Fact
Section A: Consequences of
Scction B: Complete Taking
Scction C: Partial Taking
Section D: Reorganization
Section E: Repair and Reconstruction .
Soction F: Notice of Condemnation toFirst llortgagees .
roperty for Conmon Use
on of Mailing Address . .
Condminiun ownership
Anenities
n to Enlarge
21
22
25
25
26
26
27
27
2'l
27
27
28
2S
28
30
XTXI I
TXTI I I
xxxlv
xxxv
XXIVI
Cond emnat ion.
AN,TICLE XXXVII
and Supplenent
General
ExccutionsErhibit AErhibit BErhibit C
- I I r-
CONDOI'I INI UM DL:(Jt,,\fu\T TON
r \J i(
THE VAIL GOLFCOU}ISN TOWNHOt.lTS ASSOCIATION
PHASE I I I
KNOW ALL MEN BY TIJESE PRESEMI'S, THAT:
WHEREAS, the under:si.grred, hereinaf ter cal Ied DECI.,ARAI.IT, isthe owner of bhat real property situated in the CounLy of Eaqle,State of Colorado, more f LrJ-ly described on Extribi t A aLtached heretoand incorporated by reference herein ("The ReaI Property" ) ; anci
WHEREAS, Declarant desires to establ ish a condominiurnproject under the Condominiun Ownership Act, being Article 33, Ti LIe38r Colorado Revised SEatule:t )973 , as amerrd,:d and suppl.L-mented i
and
h-IIEREAS ' there i s constructed on or under constsruct icn onsaid ReaI Property buildings c,>nsisting of. sepor.-ateIy ,iqsignaLed
residentia] condominium units and other inprovements; and
WHEREAS, DecIaranL desires to and does hereby esEabl i sh eplan for the ownership in fee simple of the real prcpertlz est,atesconsisting of the area or spaL-e containecl in each of the a!r spacrlunits in the building impro,;enents and the co-cwnership b-v theindividual and separate owners r--hereof , as tenants in common, of ai Iof the remaining property hereinafter detined and referred to as the
GENERAL COI'IMON ELEMENTS :
NOW, THEREFORE, Dec).arant does hereby publi sh and cjeclar:ethat the following terms, covenants, conditions, easements, :es!ric-tions r uses, linitations and obl igations shal I bet deemed to run w! r-h
the Real Property, be a burden and a benef i t to Declarant , r-ireir
personal representatives, successors, or assigns, and any person orentity acquiring or owning an interesL in the Real Propert.r- anC
improvernents, devisees or assigns.
AIlTICLE I
LTR I' I N IT IO I.IS
The following definitions apply to tiie Real Proprssgy atthe time the same is subnritteci to condominium ownersliip under Ltreprovisions of this Declaration unless the conlext shall expressljv
prov id e otherwi se :
A. UNIT - rneans an ind ividual air space which is con-tained within tTe-windows, doors anrl unfinish;:d periineter walls,floors (or lower most floors, i-f iE is an individual air space unit
containing rnore than one leveI) .rnd the ceilings (or the upper mostceilings, if it is an individr-r a] air space unit containing rnore than
one level) of eaeh rlnit shovrn on the Condominium lIap to be filed forrecord, together wi th all iixture:; and improvelnenLs Lherein con-tained, but not including any of the general common elements, i f
?ny, Iocated wi thin the Unit .
t i tl e i n
in tere st
and to a uni.tin the general , together with
qommon elements
B. CONDOMINIUM UNIT _ means the fee sirrple interest and
the unclivided percentage
aopurtenant Lo such unit.
C. GENERAL COMMON ELEMENTS - neins and includes the RealProperty described above, the- structuraJ. componc-nts of the build-ings; the balconies and parking; and all other parts of such Iandand the improvenents thereon necessar/ or conven ient to i ts ex i s-tence, maintenance and safety which are nornrally and reasonably incommon use, including the air above such land (except for theUnits), aI1 of which shatl be owned, as tenants in comnon, by Eheowners of the separate units, each owner of a unit having an undi-vided percentage interest. in such general comnlon elements as isprovided hereinafter.
D.LIMITED COMMON ELEMENTS - meanSgeneral common effir limitedthe exclusive use of the o\./ners of one or more,of the condoniniurn units.
E. CONDOMINIUM PROJECT -inprovements i nT€TifTy -G uffiittEd-toDeclaration and subsequently submiprovided.
l-hose nerl-s of t-het,gA9vto or reserved for
but less than a1I,
means aIl, of the Real Property
condominium ownership by thistted, i f dny, as hereinafter
pur:pose o f
l.tortgagees
cons id ered
F, COt'tMON EXPENSES - means and includes expensesfor maintenance, rePi-i?7;F6?;TTon, managernent an.r adminisrraiion ofthe generar common erements, expenses decrared common expenses bythe provisions of this Decraration antl the By-Laws of TilE vArL
GOLFCOURSE TOWNHOMES ASSOCIATION, PHASE III, and all sums 1awful1y
assessed against the general cornmon elements by the Board of Direc-tors of the Association.
-_r __ G. ASSOCIATION OF UNIT OWNERS_or A_SSOCIATION - means THEvArL GoLFcouRsE TohINHoMES ASsoClATic)Nt, pHase-rrl , a colorado non-profit corporation, its successors and assigns, the Arti.cIes ofIncorporation and By-Laws of which shall govern the adninistrationof this condominium property, the members of which shall be aIl ofthe owners of the condominium units.
H. BUILDING - means the building improvements containingunits as shown-iT-TF Map or amendnents -and supplements thereto.
I. MAP OR SUPPLEI-tENTAL t'1AP - means and includes Eheengineering survGf??-TIA ReaT-Eop;T!-Iocaring thereon a1t of rheimprovements, the floor and elevation plans and any ot.her drawing ordiagranatic pIan depicting a part or aII of the improvements andIAnd foT VAIL GOLFCOURSE TOWNIiOMES ASSOCIATION PHASE III.
J. VOTING RIGHTS-FIRST MORTGAGEE - FoT Thethis document, @ITIEITEE-Ie co FirsrshaLl only inure to the benefit of Lhose First Mortgagees
an institution with assets in excess of $I0,000,000.00.
ARTICLE I I
CONDOMlNIUM MAP
The l'lap may be fited for record in whole or in parts orsections from time to time, as the stages of construction of t.heunits and other improvements are subsEantial, Ly completed. Eachsection of Ihe Map filed subsequent to the first or initially filed
MaP shaIl be termed a Supplement to such Map and the numerical
seguence of such supplements shall be shown thereon. The map or anypart or section thereof depicti-ng units shaII not be filed forrecord until the buildinq in which the units are located has becnsubstantially completed in or:dcr to lrt'rnri t tlrc lociltirrn tlterc-trf . boLir lror.i zontallv
'- z-
and verEically. Each such Map shall depict and show at least Ehe following:
The 1ega1 description of the ReaI progerty and a surveythereof; Ehe locati.on of the buitdings; the floor andelevation plans; the location of the Unies erithin abuilding, both horizontal ly and 'rertica.IIy; the thicknessof the common walls between or separating the Units; thelocation of any structural components or supporting
elemenbs of a Unit Iocated wi thin a buildinq; and the
bui).ding and unib designaLions.
The Map shal I cont.ain the certificate of a registeredColorado Land surveyor or Iicensed architect, or both, certifyingthat the Map substantially depicts the location and the horizontaland vertical measurements of the building, the uniCs, the unitdesignations, the dimensions of the units, the elevations of theunfinished fLoors and ceilings as constructed, Lhe building numberor symbol, and that such Map was prepared subsequent to subst.atrtialcompletion of the improvement.s. Each Supplemental Map and,/or any
amendment shaIl set forth a Iike cerEificate when appropriaEe. Ininterpreting the Map the existing physical boundaries of eachseparate unit as constructed shaIl be conclusively presumed to beits boundaries. The Declarant reserves the right to amend the Map,from time to time, to conform the same according to bhe actualIocation of any of the constructed improvenents, and to esiablish,vacate and relocate easements, access road easements and on-si teparking areast provided, however, that such reserved righL shallterninate uPon the conveyance of all condominium Units wj.thin this
condcrninium project as the same may be enlarged from time to time,or December 31, 1987, whichever first occurs.
ARTICLE III
DIVISION OF PROPERTY INTO CONDOM]NIUM UNITS
The Real Property is hereby divided into rwelve (fZ) feesinple estaLes, each such estate consisting of -the separaEelydesignated units and the undivided interest in and to t.he general
common elements appurtenant to each unit as is set forth on theattached Exhibil B which by this reference is made a part hereof.
Each such unit shaLl be identified on Lhe Map by number and buildingsynbol as shotrn on Exhibit B.
ARTICLE IV
LIMITED COMMON ELEMENTS
A portion of the general common elements is reservecl forthe exclusive use of the individual owners of the respective uniCs,and such areas are ref erred to as LIMITED COMMON ELEl'lENTS. The
linited common elements so reserved shall be identified on Lhe Map.(Any balcony or balconies which are access ible only from wi thin,
associated only with and which adjoin a single unit shaIl, wib.hout
further reference thereto, be used in connection with such unit tothe exelusion of the use thereof by the other owners of the general
common element.s, except by invitation). Atl of the owners of
condominium units in this condominiurn project shaII have a non-exclusive right in comrnon wittr all of the other owners Eo the use ofsidewalks, pathways, roads and streets located wi thin the entire
condominium project, if doy, unless designated on the Map as a
limited common eIemenL. No reference thereto, whether such Iimited
common elenents are exclusive or non-exclusive, need be made in any
. 3-
deed, instrument of conveyance, or other instrtlnent, anC reEerence
is made to the provisions of Article VI of ttlis Declaration.
ARTICLE V
INSEPARABILITY OF A CONDOMINIUM UNIT
Each unit, the appurtenant undividecl interest in the
general cornmon elements and the appurtenant limited common eIemenLs,
shall together comprise one condominium unit, which shall be inse-
parable and may be conveyed, Ieased, devised or encumbered only as a
condoninium unit.
A.
ARTICLE VI
DESCRIPTION OF' CONDOMINIUM UNIT
Every contract for the sale of a Condominiun Unit
written prior to the recordation of the Map and this Declaration may
legally describe a Condominium Unit by its identifyinq Unit designa-
tion, and Building No., followed by the words "The Vail Golfcourse
Townhones Association Phase III.n The location of such Condoninium
Unit shalI be depicted on a Map subseguently recorded. Upon recor-
dation of the Condominium tlap in the County of EagIe' State of
Colorado, such description shal. l be conclusively presumed to
relate to the thereon described Condominiun Units.
B. After the Condominium llap and this De]-caration have
been recorded as aforesaid, every contractr deeC, l"easer Mortgage,
deed of trust, will or ot.her instrument may 1ega11y describe a
Condominiun Unit as follows:
Condominium Unit No. _r Building No.
, The Vail GoIf-
ion Phase III, in
accordance with the Declaration recorded on
, lgg ,in Book .=--------.:--, and Condominium MaPat Page
recorded , 198 ' in Book
Eagre-Eounry, '.it r:fJ,e neEoiE-s. -' of the
Every such description shal1 be good and sufficient for
all purPoses to sell, convey, transfer, encunberr or otherwise
affect. not only the Unit, but also the undivided interest in thegeneral conmon elenents appurtenant to said Unit and all other
appurtenant properties and property rights. and incorporate all of
the r ights, I imitat ions, and burdens incident to oetnership of a
Condominium Unit as described in this Declaration and t.he Condomin-
iun Map. Each such description shall be construed to include a
nonexclusive easement for ingress and egress to and from an OwnerrsUnit and the use of all of the general common elements as well as
all of the limited comrnon elements appurtenant to said Unit.
C. The reference to the Map and Delcaration in any
instrument shall be deemed to include any supplements or amendments
to the Map or Declaration, without specific reference thereto.
ARTICLE VII
SEPARATE ASSESSI'IENT AND TAXATION
NOTICE 1'O ASSESSOR
Deelarant shal1 give written notice to the Assessor of the
County of Eagte, Colorado, of bhe creation of condominium ownersltip
-4-
in the ReaI Property as is provided by law, so that eac:Tunit andthe undivi.ded interest in the seneral cornmon elenents appurtenantthereto shall be deemed a parcel- and subject to separate lssessment
and taxation. In the event that for a period of time any taxes or
assessments are not separately assessed to each unit owner, but
are assessed on the ReaI Property as a who1e, then rtdch unit
owner shall pay his proportionate share thereof in accordance withhis percentage ownership in the general common elements.
ARTICLE VlII
OWNERSHIP - TITLE
A condominium unrt may be held and owned by more than oneperson as joint tenants or as fenants in common, or by entirety orin any real property tenancy relationship recognized under the Lawsof the State of Colorado.
ARTICLE IX
!.TEI,TBERSHIP, VOTING, PROXIES AND QUORUM
Classes of Membership and Voting RightsA.
There shal I be thro
designated Class A and Class Bthe type of Owner for each Unit.of members of each class shall
set forth as follows:
classes of AssociaLion membership
whj.ch membership sirall correspond to
as hereinafter set forth. The rights
di f f er onl-v as to the vo!ino r iqhts
(1) CLASS A: Class A members shall be all Owners,with the exception oE-T56-oeclarantr dnd each UniL owned by suchClass A rnembers shal1 have allocated to it a voting interest equiva-lent to the undivided pe:centage ownership in the Conmon Elementsappurtenant to such Unit, as set forth in Exhibit B.
(2)CLASS B: The CIass B member shal. I be theDeclarantr and each Unit owned by such Class B member shalI haveallocated to it a voting interes! equivalent to the product of theundivided percentage ownership in the Conmon Elements allotted tothat Unit,, as set forth in Exhibit B, multiplied by a fact,rr oftwenty-seven (which product may be referred to herein as a nweighted
voting interestn). CLass B membership shall cease and be convertedto Class A membership on the happening of either of the followingevents, whichever occurs earlier:
( a ) Upon the conveyance by Declarant o fthe last eondominium unit within Ehis condominium prcject, as the
sane nay be enlarged from time to time.
(b) on December 31, 1987.
A11 menbers shalI be entitled to vote on all matters, as provided
above or as ot.herwise provided in the Articles of Incorporation, the
By-Laws or these Declarations. Cumulative voting is prohibited.
B. Definition of Weighted Percentage Vote
Whenever the Artieles of Incorporation, the By-Laws orthese Declarations provide that an issue shal1 be determined by a
Weighted Percentage Vote, or when no other method of calculating thevote required for approval of a specified issue is provided bystatute or by the Declaration, the Articles of Incorporation or theBy-Laws, the total nurnber of authorized votes and the Weighted
Percentage of authorized votes and the Weighted Percentage Vote
*5-
shall be calculated accordinE to the votingthe Class A members and the We igh',ed Votin-gthe CIass B members, as provided ir: Sectionmajori ty Weighted percer-rtage Vote means a iiegrealer than 50*.
int.eresc allocated tolnterest. aliocated toA of this Articl"e. A
ighced Percentage VoLe
Proxies
At aIl meetings of members, votes may b,: cast in person orby proxy, but no proxy shall be v.rlid after eleven months fron EnedaLe of iEs execution unLess otherwise prr>vicled in the pro.\y. AlIproxies shall be in wribinq cin(l must- bc i-iIed wi Ih the r\st,:cialitrrrs'secretary ac or before the appointed r-ine of eac:.r meeting. EveryProxy sharr be revocable and shalI auLomaticalIy cease upon L.onve!,-ance by the member of his unit.
D. DesignaE_ion o_f--Voti.ng_ Representat:.ve-pro{.I
If title to a UniL is holrl hv -n('\rF Ftr.rn nrre indirri,irr,r'la f.irm, corporar ion, pa rt n.."Lo#, ol=13t"", iJ'i':":""..t"Si;itT;n?{entityr.or any combinaLi.on thereof, a proxy nus: De executecl ancfiled with the Association appointinq unb aul.horizing one person orarternate persons to attend a1t annual and speciar meeuings ofAssociation members and thereat to cast the voting interes! "'iIoca-ted to that unit as provirJed in the Declaret.ion. such proxy shallbe effective and remain in force unress voLuntariry revoked,amended, or sooner ternri-nated by operation of Iaw;'provided,however, that within thirty days after: such revocaticn, amendmenL orternination, the owner or owners shall reappoint and authorize onePerson or alternate Persons bo atterrcl atl .rnnual antl special lneet-ings as provided in this Section.
E. !.ge.r_u.
.Except as otherwi se provided in these Declarations, thepresence in person_ or by proxy of Association members possessing asufficient voting interest to constitute a weighted pertentage voteof 50t of the voting interests of aI r member-s shall conshitute aquorumr ?nd such nembers present in person or by proxy shall consti-tute the members entitled bo vote upon any issue presented at ameeting at which.a quorum is present. A majoiity weighted percentageVote of such members present shal1 be sufficient to rnake decisionsbinding on al 1 owners unless a clifferent number or method of voLingis expressly required by statute or by the Declaration, Articles ofIncorporation or By-Laws.
ARTICLE X
OWNERSTIIP OF COMMON ELEFIENTS
THE USE OF GEIIEML, At,l-D LIMITED COMMON ILEMENTS
The general common elements shall be owned in commqn byall of the ot^tners of the units and shaIl remain undi,uicled, anci noowner shall brinq any action for partition or division of thegeneral comrnon elements. Each owner shall be entitled to exclusiveovtners-hip -and possession of his unit. Each owner may use rhegeneral and limited commoll r:IernenLs in accord.rnc,.r with bhe purposefor which they are intende<i, witfrout hinclerinq oL-encroaching uponlh9 lawfur rights of the other owners, subject, to such ceasonabl.erules and regulations as fldy, frorn tirne Lo tinrr:, be establishedpursuant to the By-Laws of the Association.
ARTICLE XI
USF] AND OCCUPANCY
The Uni ls shal ] be used and occupied by the Owner,the owner's famity, and his guests or tenants only as a r:esiclence
-6-
and for residential purposes. These restrictions as to residentialuse, however, sha1l not apply to the Declarant, its agents, emplo-yees, invitees and assigns during the construction and sales perlod,provided such use by the Declarant does not unreasonably inlerferewith the unit owner's use and enjoynrent of their units and thegeneral comnon elements or the ingress and egress to their unitsfrom a public way. rn the event any owner Ieases his condominiumunitr any lease for a term in excess of sixty (00) days shail be inwriting and shall require the Lessee named therein to compry withall of the terrns and provisions of this Declaration ancj the Artj.clesand Bylaws of the Association.
ARTICLE XI I
EASEMENTS FOR ENCROACHMENTS AND CONSTRUCTION FACILITIES
A. Easement for Encroachrnent If any portion of the general
common er unit or'unic", a vatid eisementfor the encroachnent and for t-he maintenance of same, so long as itstands, shall and does exist. rf any rrortion of a unit encroachesuPgn the general common elernents, or upon an adjoining unit orunits, a vaI id easernent for the encroachment and foi the miintenanceof sarne, so J.ong as it stands, shall and does exist. rn the eventLhat, any one or more of the units or buildings or other improvementsconpr-isin9 part of the generar common elements are paftiat t1r ortotally destroyed and are then rebuilt or reconstructed in sub-stanLially the sarne location and as a result of such rebuilding anyportion thereof shal1 encroach as provided in the preceding-sen-tence, a valid easenent for such encroachrnent shall and does Lxisc.such encroachments and easements shalI not be considered or deter-nined t,o be encurnbrances either on the general comnlon elements or onthe units.
B. Easement for Construction Facilities Deciarant herebyreserves, until such time as atl ConaomTnlum Units within thiscondominium Project, as the same may be enlarged from time to timepursuant to the provisions of Art.icre xxxvr hereof, or December 31,1987 | whichever is sooner, an easernent on, over and across thegeneral common elements for the purposes of storing and operatingconstruction trailers, construction yards, and consiructiori mater-ials. and .equiprnent used in conjunclion with the development andconstruction of the condominium units describecl herein ind/or inconjunction with the development. and construction of the condominiumunits .which may be constructed by DecLarant. on the real propertydescribed on Exhibit c attached hereto in accordance ritrr theprovisions of Article XXXVf hereof.
c. Easement for rngress and Egress. Decrarant hereby reservesfor itsel op"rty described on ExhibitC attached hereto and t.heir respectiveheirs successors and assignsan easement and right-of-way for pedestrian and vehicular ingressand egress on, upon, over and acrois any road or street at anytimeconstructed on the General Common elements.
. ?.. Easemglt for Utilities. Declarant hereby reserves, untilsucn Erme as alL Condominium Ur.its within this Condominj.um projecc,as the. same may be enlarged from time to time, pursuant to theprovisions of Article xxxvr hereof, or December 31, 19g7, whicheveris sooner, the right to grant. easement,s oo, over and across thegeneral common elernent.s to any ulility company and,/or governmentalauthority or agency providing utirity servicei, includiig, but nor,rimited to, water, sewer, storm se"erl gas, electricr tetephone, andcable television, to the project or to other parcels of rea] pro-perty adjoining the project whether or no! such parcels or ieat
-7-
p"foperty are owned by Declarant- or thil-d oarties., 'the rigirt ofDeclarant Eo grant easernenls as hereina!:ove reserved shal1 germit
Declarant to grant such easements and per;n!.t t.te holder of such
easemenls to i.nstaLl, repI,rce, repair, maii:tain, and operate j-ts
util ity Iines and/or f acil ities over and across t-ha-.: pcrtion of the
proj ect described in saici Easernent.
ARTICLE XI I I
TERI.TINATION OF MECHANiC'S LIEN RIGHTS AND INDEMNIFICATION
Subseguent to the completion of the improvements describedon the Map, no labor performed or maEerials furnj.shed or i-ncorpora-ted in a unit with the consent or at the request of t.he uni.t owneror his agent or his contractor or subcontractor shalI be the basisfor filing of a Iien against the unit or any other unit owner notexPressly consenting to or requesting the sane, or against thegeneral eomnon elements. Each owner shall indernnify and holdharnless each of the other owners from and against all liabiliEyarising from the claim of any lien against the unit of any otherowner or against the general comrnon element,s for construct.ionperforned or for Iabor, materials, services or other productsincorporated in the owner's unit at such owrrer's request, Theprovisions herein contained are subject to t.he rights of the Manag-ing Agent of the Board of Directors of ..he Association as is setforth in Article XIV. Notwi.thsLanding the foregoing, any mortgageeof a condominiurn un it who sha] I become an orrner of a condominiumunit pursuant to a lawfu1 foreclosure sale or the taking of a deedin lieu of forecLosure shalt not be under any obligation to indem-nify and hold harmless any other owner against l iabil ity for claimsarising prior to the date such mortgagee becomes an owner"
ARTICLE XIV
ADMINISTRATION AND I'IANAGEI"IENT
I,IANAGING AGENT
The administration and management of this condominiumproject shalI be governed by this Declaration, the Artj.cles ofIncorporation and the By-Laws of the Association. An owner of acondoninium unit, upon becoming an oh/ner, shall be a mernber of theAssociation and shall remain a member for the period of his owner-ship. ?he Association shall be initial ly governed by a Board ofDireetors as is provided in the By-Laws of the Association. TheAssociation may delegate by wriEhen agreement any of its duties,powers and functions to any person or firm to act as Managing Agentat an agreed conpensation; provided lhat any agreemet'lt for prof es-sional management of the condominium project or other contractproviding for services by the Declarant shall provide that same maybe terminated by either party to said contract, with or without
cause, or E,he payment of termination fee on 90 days or less writtennoticer dnd that said contract shall not be for a term in excess ofthree (3) years.
The Association shaII be granEed al1 of the powersnecessary to govern, manage, maintain, repair, adrninister andregulate the project and to perform aIt of the duties reguired ofit. Notwithstand ing the above, unless at least seventy-f ive perr--ent(75t) of the first nortgagees of Condominiurn units (based upon onevote for each first mortgage owned or held) have given their priorwritten approval, the Association shall not be empowered or entitled
by act or omission, seek to abandon or terminate the
condomin ium proj ect ;
partj.tion or subdivide any Condomi:rium Unit;
by act ()r: cimi.ssion, seek to ab.rndon, pdrtition,
subdivide, encumber, se11 or transfer the general
common elemerrts; prorrided, however, thal- the granting
of easement.s for tlrrh l ic rrf i l i f ips rrr Fr'tr ol-hor nrrbl ic
B.
-B-
purposes consistent with the:.ntendeo use of the
general common efements by the Condoniinium Projeet
shal 1 not be deemed a transfer witirin the meaning of
thi s clause;
use hazard insur anqe proceed s for the Ioss to
the improvenents for other ihan repair, replacenent
or reconstruction of such improvements;
sub ject to the provisions of Article XXXVI ' c:"!ange
the pro rata j.nterest or obI igat:ons of any in-
di'ridual condomi.nium unit for the purpose of:
(I) levying assessments or charqes or allocaLing
d istributions or hazard insurance proceeds or
condemnation awards, oE
(2)determinj.ng Ehe pro rata share of ownership of
each condominium unit in the general conmon
el emen t s.
The Association shalL grant to each first mortgagee of a
Condominium Unit the right to examine the books ani records of the
Association at any reasonab.Le time. Further, the Association shall
notify each first mortgagee of any Condominium Unj-t of any proposed
amendment in the Associatj-on's llanaging Agent at least ten (10) days
prior to the effective date of such anendment or change.
ARTICLE XV
CERTIFICATE OF IDENTITY
There nay be recorded from time to time a certj.ficate of
identity which shatl include the addresses of the persons then
comprising t,he management body (Directors and 0fficers) together
with the identity and address of t,he Managing Agent. Such certifi-
cate shaLt be concfusive evidence of the information contained
therein in favor of any person relying thereon in good faith regard-
Iess of the time elapsed since the date Ehereof.
ARTICLE XVI
RESERVATTON FOR ACCESS,
MATNTENANCE, REPAIR AND EMERGENCIES
The owners shal I have the irrevocable rrght, to be
exercised by the Managing Agent or Board of ttirectors of the
Associationr to have access to each unit from time to tirne during
reasonable hours under bhe particular circumstances as may be
necessary for the maintenance, repair or replacement of any of thegeneral common elements therein or accessible !herefrom or for
making energency repairs therein necessary to prevent damage to Lhegeneral common elements or to another unit or units. Damage to the
interior or any part of a unit. or units resulting from the mainte-
nancer r€paitl emergency repair or replacement of any of thegeneral comnon elements or as a result of emergenelt repairs within
another unit at the insistence of the Association shall be a common
expense of all of the other o!./ners; provided, however, that if such
danage is the result of the rnisuse or negligence of a unit. owner'then such owner shalI be restored to substantially the same condi-
tion of such inprovements prior to darnage. AlL naintenancer repairs
and replacement as to the general common elements, whether locatedinside or out.side of units (unless necessitated by the negligence or
misuse of a unit ownerr in which case such expense shall be charged
to sueh unit owner), shall be the common expense of all the owners.
D.
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ARTICLE XVII
i,IAINTENANCE R.ESPONSIB ILITY OF
UNIT, BAI,CONIES, PARKIIiG AND STORAGE AREAS
A OWNERS RESPONSIBILITY - For purposes of rna.intenance,repair, alteration and rehodetlng, an owner shaII be deerned to ownthe interior non-supportj.ng wa11s, the materials ( such as, but notIinited to, plasterr gypsum dry walI, paneling, wallpaper, paint,
waLl and floor t.ile and flooring) making up the finished surfaces ofthe perimeter wal"lsr ceilings and floors within the unit, includingthe unit. doors and windows. The owner shall not be rleerned to ownlinesr pipes, wires, conduiLs, or systems (which for brevity areherein and hereaf ter ref erred to as ut il it ies ) which ser''re one or
more other units except as tenanC in common with the other owners.
Sueh utilities shaIl not be disturbed or relocated by an ownerwithout the written consent and approval of the Board of Directors.
Such right to repair, alter and remodel is coupled with the obliga-tion to replace any finished or other materials removed withsinilar or other types or kinds of materials. An owner shallmaintain and keep in repair the interior of his own unit, includingthe fixtures thereof. AlI fixCures and eguipment installed withinthe unit commencing at a point where the utilities enier the unit
shal 1 be maintained and kept in repair by the owner t-hereof. Anohtner shall do no act nor any work EhaC will or ma!' irnpair thestructural soundness or integrity of the building or impair any
easement or hereditanent without Lhe writLen consent of the Board ofDirectors of the Association after first proving to the satisfactionof the Board of Directors that such structural soundness or integ-rity will be rnaintained during and after any such act or work shalIbe done or performed. Any expense to the Board of Directors forinvestigation under this Article XVII shall be borne by owner.However, nothing herein contained shaIl be construed to permitstructural modification and any decision relating thereto shalI bein the absolute discretion of tie Board of Direct.ors, including, butnot, limited to the engaging of a structural engineer at the owner's
exPense for the purpose of obtaining his opinion. An owner shall
a1 so keep the limited common elemenLs appurtenant to his uniE in awell-repaired and mainlained, clean and sanitary condition; and freeand clear of snow, ice, dirt, debris, and anl'accumulation ofwater, at his own expense.
B. ASSOCIATIONTS RESPONSIBILITY - The Association shailhave the duty offi repaETng all of the general commonelements within Lhe Condominium Project and t.he cost of said mainte-nance and repair shall be a common expense of alt of Ehe olrners.The Association shall not need the prior approval of its nembers tocause such maintenance or repairs to be accomplished, notwithstand-ing the cost thereof; subject, however, to Articles XXX and XXXIhereof.
The Association shall provide to the Owners the followingservices which shalt be paid foi out of the comnon expense assess-ment, to-wit:
/1\
I t\
maintaining Ehe generaL common elements;
administering and managing the condominiunproj ec t ;
(3 ) provid ing
(4) obtainins
her:eo f ;
(5) enforcing
tion set
common I ight ing;
the insurance required in Article XXII
the covenants, conci itions and restric-
forth i.n the Declaration, of Ehe
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Association's rules and regulations, and collec-tion of a1I obliqations owed Che Associatior bythe owners;
(6)acting as attorney-in-fact in the event of
danage or destruction as provided for in Article
XXX hereof; and
( 7 ) performing all other acts reguired by thisDeclaration, or the Articles of Incorporation
and By-Laws of the Associabion.
Notwithstanding the above, the Association reserves theright to hire one or more persons or entities i.ncluding a ManagingAgent, contractors, and employees to perform such services; pro-vided, however, that any such hiring shall be subject to the pro-visions set forth in Article XIV hereof.
ARTICLE XVIII
COMPLIANCE WITH PROVISIONS OF
DECTARATION, ARTICLES OF INCORPORATION AND
BY-LAWS OF THE ASSOCIATION
AND PROHIBITION AGAINST PARTITION
Each owner shal I comply str ictly r.ri th the prov is ions o fthis Declaration, the Articles of fncorporation and By-Laws of theAssociation, and the decisions and resolutions of the Association
adopted pursuant thereto as the same may be lawfully amended frontime lo time. Failure to comply with any of the sane shall begrounds for an action to recover sums due, for damages or injunctiverelief or both, and for reimbursement of all cosLs and attorneysfees incurred in connection therewith, which action shall bemaintainable by the Managing Agent of the Board of Directorsin the name of the Association on behalf of the owners oE, in aproper case by an aggrieved owner. A general common element shallbe owned in common by alt of Ehe owners of units and shall remainundivided. By the acceptance of his deed or other instrument of
conveyance or assignment, each owner specifically waives his rightto institute and/or rnaintain a partition action or any other actiondesigned to cause a division of the general common elements and eacho$tner speeifical 1y agrees not to institute any action therefor.Further, such ohrner agrees that Article XVIIf may be pJ.ed as bar tothe maintenance of such action. A violation of this provision shallentitle the Association to personally collect, jointly and several-ly, from the parties violating the same, Ehe actual attorneyrs fees,costs and other damages the Association incurs in connection there-with. Further, aII owners and the Association covenant thatthey shall neither by act nor by ornission seek to abandon, subdi-vider encumber, sel1 or transfer the general. common elements withoutfirst obtaining the written consent of at least seventy-five percent(75t) of the first mortgagees of the individual condominium units.Each such first mortgagee shalI have one vote for each mortgage
owned by it. Any action without the written consent of said nort-gagee shall be null and void.
ARTICLE XIX
REVOCATION OR AMENDMENT TO DECTARATTON
This Declaration shall not be revoked unless all of theonners and aII of the holders of anv recorded mortqase or deed of
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trust covering or affecting any or all of the condominiurn units
unanimously consent and agree to such revocation by instrument(s)
duly recorded. This Declaration shal 1 not be amended unless by the
or,'tners representing an aggreg ate ownership inCerest of seventy-f ive
Percent (75t) or more, of the general common elements, unJ"ess a
different percentage for the amendment of a specific provision
hereof is herein provided; and provided seventy-five percent (75S)
of the holders of any recor:ded First mortgage or deed of trust
encumbering any or al I condominium units consent and agree to such
amendment by instrument(s) dul!z recorded; provided, however, subject
to provisions of Article XXXVI , that the percentage of the undivi-ded interest in this Declaration shalI have a permanent character
and shalI not be altered without the consent of all of t.he owners
and nortgagees expressed in an arnended Declaration duly recorded.
ARTICLE XX
ADDITIONS, ALTERATIONS AND IMPROVEMENTS OF
GENERAL AND LIMITED COiIMON ELEMENTS
There shalI be no capital additions, alterations or
improvements of or to the general or limited common elenents by theAssociation requl.ring an expenditure in excess of $5r000 in any one(f) calendar year without prior approval of a rnajority of the
Owners, except in the event of an energency. The linitations setforth above shall not apply to an energency. The limitations setforih above shall not apply to any expenditures made by the Associa-tion for maintenanc and repair of the general common elements asset forth in Article XVII, supra, or for repair in the eventof damager destruction, or damaqe and destruction and condemnation
as provided in Articles XXX and XXXI.
ARTICLE XXI
INSURANCE
The Board of Direc-tors of the Association shall obtain
and maintain at all times, to bhe extent, obtainable, Policiesinvolving standard premium rates, established by the Colorado
Insurance Conmissioner, and written with companies licensed to do
business in Colorado and having a Best's Insurance Report rating of
Class VI or better, covering the risks set forth below. The Boardof Directors of the Association shall not obtain any policy where:
under the terms of the insurance companyrs charter,
by-1 aws, or poJ. icy, contributions or assessments maybe made against bhe mortgagor or mortgaqee's
designee; or
by the terms of carrier's charterr by-laws orpolicyr loss pa)4nents are contingent upon acEion bythe company's Board of Directors, policyholders or
members; or
the policy incluCes any limiting clauses (other than
insurance conditions) which could prevenE mortgageesor the nortgagor from collecting insurance proceeds.
The types of coverages to be obtained and risks to be
covered are as follows, to wit:
( 1) Fire insurance with extencled coverageand/or all risk endorsements, which endorsements
A.
B.
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sha}l include endorsements for ..randal ism, mal iciousmischief, boiler explosion and machinery, if appro-priate. Said casualty insurance shal1 insure theentire condominium project ancl any property, thenature of which is a general common eLement (includ-
ing all of the Units, fixtures therej-n initiatlyinstalled by the Declarant but not including furni-ture, furnishinqs or other personal property suppliedby or installed by Unit Owners) tooether with a1lservice equipment contained therein in an amountegual to the ful1 replacement value, rrithout deduc-tion for depreciation. Al1 policies shal1 contain astandard non-contributory mortgage clause in favor ofeach mortgagee of a Condorni.n ium Un it, wh ich shal1provide that the loss, if doy, thereunder shalI bepayable to the Association, for the use and benefitof mortgagees as their interest may appeart
(21 If t.he condomin ium pro ject is Iocated in .lnarea identified by the Secretary of Housing and UrbanDevelopment as an area having special flood hazards
and the sale of Fl.ood fnsurance has been nrade avaiL-able under the National Flood Insurance Act of 1968,a "blanket" policy of flood insurance on the condo-minium prolect in an amorrnt wtrir-h is thtl lessc-r oIthe maximurn amount of insurance available under theAct or the aggregate of the unpaid principal balancesof the mortgages on the Condominium Units colnprisinothe condominium project;
(3) Pub-tic liability ancl property damage
insurance in such Iirnits as the Boar<i of Directors ofthe Association may from tine to tine deterniner but-not in an amount less than $500,000.00 per injury,
Per person, per occurrence and umbreLla liabilitylimits of $1,000,000.00 per occurrence, covering a1Iclaims for bodily injury or property dama-oe.
Coverage shalI include, without linitation, Iiabilityfor personal injuries, operation of autornobiles onbehalf of the Association, and activities in connec-tion wiEh the ownership, operation, maintenance andother use of the project, Said policy shal1 al-socontain a "severability of interest endorsement";
(4) Workmenrs Compensation and employer'sliability insurance and all other similar insurancewith respect to employees of the Association in the
amounts and in the forms now or hereafter reguired by
I aw;
(5 ) The Association sha1l purchase adequatefidelity coverage against dishonesty of employees,destruction or disappearance of money or securities
and forgery. Said policy shal1 also contain endorse-ments thereto covering any persons who serve theAssociation without compensation;
( 6 ) The Association may obtain insuranceagainst such other risks, of a similar or dissimilarnature; as it shalI deem appropriate with respect tothe project, including plate or other glass insurance
and any personal property of the Association located
thereon.
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AJ-1 pc,licies of insurancr:, to Che extent obtainable, sha1l
contain waivers of subrogati,rn and waivers of any defense based on
invalidity arising from any acts of a Condominium Unit Owner andshall provide that such policies may not be cancelled or modifiedwithout at least ten (101 days prior written notice to all of the
insureds, including mortoaqees. DuplicaLe originals of all policies
and renewaLs thereof, together with proof of payments of premiums,
shal 1 be delivered to all mortgaqees at least ten (10) days prior to
exp j.rat ion of t.he then current poI icies. The insurance shal I becarried in blanket form naming the Association as the insured, asattorney-in-fact for a1l of the Condomin ium un it Owners, wh ichpolicy or policies shall identify the interest of each CondominiumUnit Owner (owner's nalne and Unit number desiqnation) and fj,rst-
mortg agee.
Prior to obtaini.ng any policy of fire insurance or
renevtal. thereof, the Board of Directors of the, AssociaEion shatlobtain an appraisal from a duly qualified real estate or insuranceappraiser, which appraiser shall reasonably estimate the full,
repJ.acement value of the entire condoninium project, rr,ithout dedue-tion for depreciation, for the purpose of determining the anount ofthe insurance bo be effected pursuant to the prov isions of thisinsurance paragraph. In no event shall the insurance poli.cy containa co-insurance clause, but such policy shalI provide for an agreecl
anount of replacement eoverage. Determination of naximurn repface-
ment value shall be made annuaLly by one or more writterL appraisals
to be furnished by a person knowledqeable of replacement costs, andeach mortgageee shalI be furnished with a ccpy thereof, withinthirty (30) days after receipt of such written appraisals. Such
amounts of insurance shall be contemporized annual. Iy in accordancewith their currently determined naximum replacenent vaLue.
Unit ohtners may carry other insurance for their benefit
and at their expense, provided that aIl such policies; shall containwaivers of subrogation; and providecl further that the liability ofthe carriers issuinq insurance obtained by the Board of Directorsshall not be affected or climinished by reason of any such additionalinsurance carried by any Unit Owner.
Insurance coveraqe on furnishings, including carpet,draperies, oven, range, refrigerator, wallpaper, disposal. and otheritems of personal or other property belonoing ro an owner, ancipublic liabiI ity coverage within eaeh Unit shall be the sole anddirect responsiblity of the Unit Owner thereof, and the Board ofDirectors, the Association and/or the Managinq Aqent shatl have noresponsibil ity therefor.
In the event that there shal l be any damage or cl estructionto, or Ioss of, or takinq of a Unit which exceeds one ThousandDollars (S1,000.00) or any c1 amage or destruction to, or loss of, ortaking of the conmon el.ements which exceeds Ten Thousand Dollars$I0,000.00), t.hen notice of such damage or loss or takirrg shall begiven by the Association to each first Mortgagee of said CondominiumUnit within Ten (I0) days after the occurrence of such event andthe cost of repa ir determ j.ned.
ARTICLE XXII
ASSESSMENTS
A. Covenant of Personal Obliqation of Assessments. From
and after the Unit to
an Owner other than Declarant, aLl Owners, except Declarant, shal1
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be obligate,i to pay the estimated common expense assessments (here-
inafter sometimes referred to as "assessrnenls") irnpcsed by the Board
of Managers of the Association to meet the common expenses and
reserves. The assessnents shall be made in proportion to.each
Ownerts undivided interest- in the common elenents. Dec-larant shall
have no obligation to pay the estimated comnon expense assiessment
imposed by t.he Board of Directors of the Association t,o m.:et the
common expenses and reserves on Units owned b1' Declarant. Declarant
hereby agrees to pay the AssociaLion a sum equal to the difference
between t,he monthly cost of operating and mainta-inj,ng the qeneral
cornmon elements, exclusive of reserves r .3nd the amount of fundspayable by the other Owners to the Association. This obligation o1-Declarant to subsid ize the operations of the Association shal-1.terminate when Declarant has conveyed eiqhty percent (80t) of theUnits to third party purchasers or on December 31, 1987, whiche.,'er
event occurs first. Subsequent to the occurrence of either of theaforesaid events, Declarant shall be obtigated, as any ot.her Owner,in reference to Condominium Units then owned b!'DecIarant, to pay
the estimated common expense assessments imposed by the Board ofDirectors to meet the cotnmon expenses and rese rves. Except asprovided elsewhEre in this Declaration, the limiLed ccmmon elementsshall be maintained as general common eLements (except this shallnot impose upon the Associatj.on the obligation to clean baiconies,
Porches, or patios which is a limited common element appurteilant toa Unit), and Owners having exclusive use thereof sha1l not besubject to any special charges or assessments for the repair or
maintenance thereof. Assessments for the estimated common expensesshall be due in advance on the first day of each calendar month. Ifany such monthly installment shaIl noh be paid within thirty (30)
days after it shall become due, the Associationrs Board of Directorsnay assess a "1ate charge" thereon, as hereinafter provided, tocover the extra cost and expenses involved in handling such delin-quent assessments, with the amount of such charcre to be reasonably
determined from time to time by the Board of Managers. Each Owner
hereby agrees that the Association's lien on a Condomirrium Unit forassessnents as hereinafter described shall be superior to the
llomestead Exemption provided by Section 38-41-2CI C.R.S. 1973 andsimilar federal laws and each Owner hereby agrees that the accept-
ance of the deed or other instrument of convevance in reqard to anv
Condominium Unit within this proj ect shall signi fy such grantee'!
waiver of bhe Exemption right granted in said Section of the Col"ora-do statues and similar federal laws. The Association or Board ofDireetors shall cause to be prepared, delivered or mailed to each
Owner at least once each year a payment statement setting forth theestimated common expense assessments for Ehe ensuing year. Regard-
ing any special assessments, the Board of Managers nay inplenent
such procedure as it deems appropriate.
B. Proration of Common Expense Assessments. fn the eventthe ownership of aTonAomfilum--unfEi tltle t; whictr-is derived f romDeclarant, conmences on a day other than the first <1 ay of the
assessment period, the common expense assessments for that periodwiIl be prorated.
C. Conmon Expense Assessments. Common expense assess-
ments shal l be xpenses cleeme-d to be suchaggregate sum as t.he Board of Directors of the Association shal1from tine to time determine is necessary to provide for the paymentof all estimated expenses relating to or connecEed with the adminis-tration, maintenance, ownership, repairr op€ration, addition,
al teration and improvernent of bhe common elenents, the Project and
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personal property owned by the Association, except as otherwiseprovided. Said sum may include, but shall- not be limit.ed to,exPenses of managementi taxes and special assessnents unti.l sep-arately assessedi premiums for insurance; landscairinq and care ofgrounds; common lighting and heating; repairs and renovations; trashcollection; wages; common fees; expenses and liabil ities incurred bythe Association's Board of Directors on behalf of the Llnit ownersunder or by reason of this Declaration and the Articles of Incor-porati.on and By-Laws of the Association; for ttre creat ion of reason-able contingency reserves, working capital and/or sinking funds; andany and aII other costs and expenses relating to the common eIe-ments, and,/or the Project.
D. Uttfi!.y_!heI99g. Each owner shall be obligat-ed to payall charges for-Eny sepaEtely metereci utilities, such -as electri-city and gas, servicing his Condominium Unit. fn the event that anyutilities, such as water and sewer, are master metered, then suchutility service shatl be part of the common expense assessmentshereinbefore prov ided.
. E.-. Obligstion to PalAssessments. The omission orfail.ure to fix the assessment of-dEliver-or rnail a statement for anyperiod shalI not be deemed a waiver, modification or a release ofthe Owners from their obligations to pay the same.
F. Reserve Fund. The Association sha11 be obligated toestabrish a resEETE-IIiT-Tor the maintenance, repair and replacernentof those common erements that must be replaced periodically and suchreserve fund shalI be funded through the monthly payments of the
common expenses and not be extra-ordinary special assessmenLs, butall such reserve funds sha11 be held by the Association in a sepa-rate savings account,.
G. Special Assessments. In addition to the assessmentsauthorized above, -Ehe essociEEion, through its Board of Direct.ors,
may at any time and from time to time, deLermine, Ievy and assess rnany assessment year, which determination, levy ancl assessment nay be
made by the Associationrs Board of t4anagers, with or wibhout vote ofthe nembers of the Association, a special assessment, not to exceedFive Thousand Dollars (S5,000.00) in the aggregate for a1l Condo-ninium units, applicable to that particular assessment year for thepurPose of defraying, in whole or in part, the unbudgeLed costs or
Payments for any deficit remaining from a previous period, for feesand expenses of any construction, reconstruction repair, demolition,replacement or maintenance of the common elements, the project, orany facilities located thereon, specifically including any fixturesand personal property rel.ated thereto. The amounts cletermined,levied and assessed pursuant hereto shall be assessed to each ownerin accordance with his npercentage of Responsibilityn seh forth inExhibit B attached hereto; and shart be due and payable as set forthin the Notice of Assessment promulqated by the Associaticn's Boardof Directors.
H.
Condominium
Association
Condom in iumpenses and
Condominium
Li{bjfity for Assessments. All Owners of a particularu;-it-h;Tf6-eloT-nEfy and severally liabie to thefor the paynrent of all assessments attr:ibutable to suchUnitr including the annual assessment for common ex-special assessments assessed against their particul arUnit.
Lien for Assessments.r.
(r)
Common expenses,
AIl surns assessed
whether: qeneral or
but unpai.d for the share of
special, chargeable to any
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Condoninium Unit' shalL constitute a lien on such Condorniniuntlnitsuperior to al 1 other liens and encumbrances, except only for:
( a ) Real estate taxes and special assessmentliens on the condoninium unit in favor of any public or quasi-public
assess ing ent ity ; and
(b) A11 sums uirpaid on a first Mortgageor first deed of trust of record, includ ing advances and alIunpaid obli,oatory sums as may be provided by such encumbrances.
To evidence such Iien, the Board of Directors may preparea written notice of Iien assessment setting forth the amount of lucttunpaid indebtedness, the amount of the accrued interesL and lacecharges thereon, the name of the owner of the condominiurn unit and adescription of the condominium unit.. such a notice shatl be signedby one of the Board of Directors or by one of the officers of theAssociation and may be recorded in the office of the clerk andRecorder of the county of Eagle, colorado. The recording of anywritten notice oE rien shalr not constitute a condition precedentnor deray the attachment of the lien, but such lien is a perpetuarrien upon the condominium unit and attaches without notiCe at thebeginning of the first day of any perj.od for which any assessment isrevied or assessed. such rien may be enforced by the foreclosure ofbhe defaulting ownerrs condominium unit by the Association or in anaction_ at law against the owner personalry obligated to palr the sameor both.
(2) An Owner shall be required to pay lhe costs,exPensesr and attorneyrs fees incurred by the Association in regardto any such defaurt, including the cost of preparation and filingthe rien, and, in the event of foreclosure proceeding all additionalcosts, exPenses and attorney's fees incurred. An Owner of thecondoninium unit being foreclosed sharl be reguired to pay to theAssociation the monthry common expense assessment for the condomin-ium unit during the period of foreclosure, and the Associationshalr be entitled to a receiver to corlect the same. The Associa-tion shal1 have the power and authorit.y to bid for the condominiumunit at a foreclosure or other legal sare and to acquire and hold,leaser mortgage, vote the votes appurtenant to, convey or otherwisedeal with the same during such proceeding and its ownership thereof.
( 3 ) Any I'lortgagee hold ing a l ien on a CondominiunUnit may pay, but shall not be required to payr any unpaid commonexpenses payable with respect to such Condominium Unit, and uponsuch payment, such Mortgagee shall have a lien on such condominiumUnit for the amounts paid of the same r:ank as the Iien of hisencumbrance without the necessity of having Eo record a notice orclaim of such lien. The Association shatl report to the firstMortgagee of a Condominium Unit, upon written reguestr any unpaidassessment remain ing unpaid for Ionger than th irty ( 3 0 ) daysafter the same is due or other default of any covenant, condition,obligation, or term of thj.s Declaration not cured within thirty (30)days; provided, however, that such Mortgagee shall have furnished tothe Associat.ion notice of such encumbrance.
(4) Any recorded Iien for nonpayment of the common
exPenses may be released by recording a Release of Lien executed byan officer or Manager of the Association.
(5) The declarant states in accordance with thereguirements of the Colorado Condominium Ownership Act that it ispossible that Iiens other than mechanic's Iiens, assessment liensand tax liens may be obtained against the common elements.
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( 5 ) Notwi thst and i nq the terms and condi tionsof this Declaration in ',-he event of Jny defaul t on the part of any
Owner under any First lilortgage which enLit. Ies the holder Lhereof coforeclose the same, any sale under such foreclosure, i nclud rngdelivery of a deed t.o t.he Fi. rst Mortgagee in Iieu of such foreclo-sure, shaII be made free and cl-ear of the provisi.ons of this Decla-ration relating to the liability of a grantee for the unpaid commonexpense assessments of his grantor. Further, no First MortgageeshalI be liable for any unpaid common expense ,1 ssessments accruingprior to the time such Mortgagee becones the orvner of any condomin-iun Unit pursuant to the remeCies in its Mortqaqe.
ARTICLE XXI I I
ASSOC IATION
PROMULGATION OF RULES AIID REGULATIONS
The Association may make and adopt reasonable rules andregulahions governing the use of the Units and the general conlmonelements, which rules and regulations shall be subsEantial ly consis-tent with the right and duties established i.n this DecIaraF-ion. TheAssociation or any aggrieved Owner may take judicial action againstany Owner to enforce compliance wiEh such ruLes and regulations andwith the provisions of this Declaration, the Articles of Incorpora-tion and By-Laws of the Association to obtain damages for noncompli-ance or for injunctive relief, or both, a1l to the extenb permiEtedby }aw.
B.PAYMENTS TO WORKING CAPITAL ACCOUNT
In order to provide the Association with adequaLe workingcapital funds, the Association shall, receive upon the iniEial saleof each Unit an arnount as specified in these Declar.rtions. This
payment, to the Association for working capital funds shal l be inaddition to any monthly installnrents of the annual assessment whichnay be due at the time of such sale or Ieasing. Said amount, ofworking capital fund contribution shaLl be S500.00.
ARTICLE XXIV
LIABILITY FOR COMMON EXPENSE
UPON THE TRANSFER OF CCNDOI.IINIUM UNIT
Upon payment to the Manag ing AgenL, or i f Lhe re i sno Managing Agent, then to the Association, of a reasonable fee notto exceed FI!'TY DOLI,A|S ($50.00), and upon the written reguestof any owner or any mortgagee or prospectlve mortgagee of a Condo-
minium unit, the Association, by its Managing Ageni, or if there isno Managing Agent, then by the financial officer of the Association,shall issue a written statement seEting fort.h the amount of theunpaid conmon expenses, if dhy, with respect to the subject unit,the anount of the current monthly assessment and the date th.at such
assessnent becomes due, credit for any advanced paynenEs of common
assessmenCs for prepaid items, such as i.nsurance premiums, buL notincluding accumulated amounts Eor reserves or sinking funds, i f any,which statement shall be conclusive upon the Association in favor ofall persons who rely thereon in good fait.h. Unless such requestfor a statement of indebtedness shal I be compl ied wi !h wi thin ten
( f0 ) days, aII unpaid common expenses which become due prior
to the date of making such request shall be subordinaLe to E,herights of the person requesting such staLement. The grantee of a
condominium unit, except for any first mortgagee who comes into
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possession of a condominium unit pursuant to foreclosure of its
mortgage or by the taking of a deed in lieu thereof' shall bejointly and severally liable wit,h the grantor for aIl unpaid assess-
ments against the Iatter for the unpaid common assessments up to thetine of the grant or conveyance, r.rithout prejudice to the grantee's
right to recover fron the grantor the amounts paid by Lhe grantee
therefor; provided, however, thal upon payment of a reasonable fee
not to exceed FIFl'Y l)0l,l,AIiS ( $5o. oo ), ds is hereinabove Pro-videdr dnd upon vtritten reguest, any such prospective grantee shall
be entitled to a statement from the Managing Agent, or if there is
no Managing Agent, then from the Association setting forth the
amount of the unpaid assessments, if dhy, with respect to the
subject unit, the anount of the current monthly assessment' the
date that such assessment becomes due, and credits for any advanced
Paynents of common assessments, prepaid items, such as insurance
prerniums, which sCatements shal. l be conclusive upon the Association.
Unless such reguest for such statement shall be complied with within
ten (f0) days of such request, then such requesting grantee sltall
not be liable for, nor shal] the unit conveyed be subject to a lien
for any unpaid assessments against the subject uniL. The provisions
set forth in this paragraph sha1l not appty to the initial sales and
conveyances of the condominium units made by Declarant, and such
sales shall be free from common expenses to the date of conveyance
made or to a date as agreed upon by Declarant and Declarant's
9rantee.
ARTICLE XXV
MORTSAGING A CONDOI"IINIUM UNIT - PRIORITY
An Owner shal I have the r ight f rom t irne to t ime to
mortgage or encumber his interest by deed of crust, nortgageor other security instrument. A firs;t mortgage shall be onewhich has first and pararnount priority under appl icable 1aw.
The owner of a condominium unit may create junior mortgages, liensor encumbrances on the followinq conditions:
A. That any sueh j un ior mortgages shal l always be
subordinate to all of the terms, conditionsr cov€-
nants, restrictionsr us€S, limitations, obligation
l iens for common expenses and other obligations
created by Ehis Declaration, the Articles of Incor-poration and the By-Laws for the Association.
B. That the mortgagee under any junior mortgage shal1
release, for the purpose of restoration of any
improvenents upon the mortgaged premises' aIl of
his right, title and interest in and to the proceeds
under alI insurance policies upon said premises by
the Associat.ion. Such release shal] be furnished
forthwith by a junior mortgagee upon written request
from one or more of the members of the Board of
Di.rectors of the Association.
ARTICLE XXVI
RIGHT OF FIRST RBFUSAL BY OI^INERS
In the event any oh,ner of a condominium unit, other
than the Declarant, shal-l wish to se1l, lease or rent a condoniniun
unit and shall have received an acceptable bona fide offer therefor
fron a prospective purchaser, lessee or tenant, the Declarant ancl
the renaining unit owners shall be given written notice thereof'
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together with an executed or machine copy of such offer. Suchnotice and a copy thereof shall be delivered to the Board of Direc-.tors who shall notify each of the owners and Declarant of suchnotice and offer. Any such notice shall be deemed given when postedin the United States Mail, postage prepaid, and addressed to anowner or Declarant at his address carried on the books of theAssociation. one or more of the unit owners and Declarant, actingindividually or through another owner or owners, shall have theright to purchase, lease or rent the subject L-ondominiun unit. uponthe same terms and conditions as set forth in Lhe offer; provideclthal during the twenty (20) day period immediately foJ. lowing thenotice, written notice of such election to purchase, Lease or renl:is given to the sel1ing, Ieasing or renting owner and a matching
down paynent or deposit is paid t.o an escroer agent and closing shalltake pl ace on the date and at the time set forth in the oriqinaloffer.
In the event th,o or more remaining owners or Declarantsha11 have given their notice to the setling or reasing owner asprovided above, the determination of who among the competi.ng ovrnersand/or Declarant shall have ihe right to purchase or lease Lhe unitshar} be nade as follows: The selling owner shall notify arl ownersand Decrarant who submittecl their noticr: of elecIion to purchase orlease and provided the down payment or deposit as reguired herein-above, to submit sealed bids t-o the Board of Directors to theattention of the President, within t.wenty ( 20) days fron thereceipt of such notice. The President shall open all such bids uponthe thirtieth day folrowing the date the selling owner naired slianotice to the competing ohrners and the owner or Declarant who hassubmitted the bid offering the hiqhest purchase price or rent.al. forthe subject unit shall have the right to purchase or lease the same,provided that the price and,/or terns are aE least egual to thosecontained in the accepEable bona fide offer frorn the prospectivepurchaser, lessee or tenant.
The right of first refusal herein provided shall notaPply to leases, subleases or Lenancies having a term of oneyear or ]essi provided any such lease or tenancy shall not berenewable nor extend, except in compliance with t,he provisions ofArticle XXIX.
In the event any or^rner, other than the Declarant, shal1attempt to sel1, lease or rent his condominium unit without afford-
lng to the other owners and Declarant the riglht of first refusal-herein provided, such sale, Iease or rental sha11 be wholly null anrlvoid and sharr confer no titLe or interest whatsoever upon theintended purchaser, lessee or tenant who sha1l be subjec-t toeviction and removal, forcible or otherwise, with or without processof Iaw.
The subleasing or subrenting of said interest shalt besubject to the same limitations as are applicable to the leasing orrenting ther:eof. The l iability of the owner under anct by theprovisions contained in this Declaration shall continue, noti{ith-standing the fact that he nay have Ieasecl or rented said interestsas provided herein.
In no case shall the righE of first refusal reservedherein affect the right of an owner to subject his condominiumunit to a bona fide trust deedr r oEtgage or other securityinstrument.
The failure of or refusal bv the owners to exercise theright to so purchase, lease or rent shal1 not constitute or be
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deemed to be a waiver of such right to prirchase, lease or rent when
an or.tner receives any subsequent bona fide offer from a prospective
purchaser, lessee or tenant.
Except as is otherwise provided in Article XXVI, and
ercept upon transfer of title Lo a Public Trustee or to a mortgagee,
each and every conveyance by a grantor(s) of a condominium unitshalI be, for alI purposes, deemed to incLude and incorporate in
such instrument of conveyance an agreement that the grantee carryout Ehe provisions of the "right of first refusal" as provided inthis Articl-e.
ARTICLE XXVII
EXEMPTION F'ROM RIGHT OF FIRST REFUSAL
PIRST MORTGAGEES
In the event of any default on the part of any ownerunder any first mortgage which entitles the holder thereof toforeclose same, any sale under such foreclosure, including deliveryof a deed to the first mortgagee in lieu of such foreclosure, shallbe nade free and clear of the provisions of Art-icle XXVIr and thepurchaser (or grantee under such deed in lieu of foreclosure) of
such condominiun unit shall be thereupon and thereafter subject tothe provisions of this tteclarabion and the By-Laws of the Associa-tion. If t,he purchaser following such foreclosure sale (or grantee
under deed given in lieu of such foreclosure) shal1 be the thenholder of the first mortgage, or its nominee, the said holder or
noninee may thereafter sell and convey the condominium unit free andelear of the provisions of Article XXVf, but its grantee shall
thereuSrcn and thereafter be subject to all of the provisions thereof
ARTICLE XXVIII
EXEMPTION FROM RIGHT OF FIRST REFUSAL
OTHER
The following transfers are also exempt from the provisions
Of Article XXVI:
A. The transfer by operation of law of a deceasedjoinE tenantrs interest to the survivinq joint t-enant(s);
B. The transfer of a deceasedts interest to a devisee byWilI or his heirs at law under intestacy laws;
C. The transfer of a1l or any part of a partner I sinterest as a resuLt of withdrav/a], death or otherwise,to the renaining partners carrying on the partnership businessand/or to a person or persons becoming partners. A transfer ofall or part of a partnerts or partnersr interests between oneor more Partners and/or to persons becoming partners;
The transfer by gift;
The transfer of an ownerts interest to a trustee;
F. The transfer or conveyanee by operation of law orotherwise of the interest of any owner to any other co-ottner,
D.
E.
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where such co-owners held title to a unit as tenants-in-common
or as joint tenantsi
G. The transfer of an owner' s interest by treasurer' s
deed pursuant to a sale for delinquent taxes, or by sheriffrs
deed pursuant to a judgment execution sale;
H. The transfer of a corporations' ownership interest topersons owning stock in the corporation as a result of a
d issolution, d istribuLion of a d iv idend, merger or consol i-
daEion;
Such persons, owners,
an interest shall be subject to allexcept as is provided herein.
g rantees or donees acgu ir ing
of the provisions of Article XXV
ARTICLE XXIX
CERTIFICATE OF COMPLIANCE
RIGHT OF FIRST REFUSAL
Upon written request of any prospective trlrr-rs Icret:, ])llrch..rscr, tenant or .l
prospective mortgagee of a c'.ondom.inium ultit lrnd payne.nt o[ l reasonabler fer.: not Lo
exceed One Hundred Dollars ($100.00), the Managing Agent or the Associali.on by itsl
Secretary sha11 issue a r^rriEEen and ackuowledged certificate in ret'orclabl.e f ornr
evidencins that:" A. With respect to a proposed lease or sale underArticle XXVI , that proper noEice r,ras given by the selling or
Ieasing ovtner and that the remaining owners did not elect toexercise their option to purchase or lease;
B. With respect to a deed to a first mortgagee or its
nominee in lieu of foreclosure and a deed from such nortgaqeeor its nominee, pursuant to Article XXVI , that the deeds werein fact given in Iieu of foreclosure and hrere not subject tothe provisions of Article XXV;
C. With respect to any contemplated transfer whiclr isnot in fact a sale or lease, that the transfer will not besubject to the provisions of Article XXV; and such a certifi-cate shall be conclusive evidence of the facts containedtherein. The provisions set forth in this Paragraph shall not
apPly to the initial sales and conveyances of condominium units
made by Declarant.
ARTTCLE XXX
ASSOCIATION AS ATTORNEY-IN-FACT
This Declaration does hereby nake rnandatory the irrevocableappointment of an attorney-in-fact to dea] wit.h the property
upon its danage, destruction or obsolescence.
Title to any condominium unit is declared and expressly
made subject to the terns and conditions hereof, and acceptanceby any grantee of a deed or other instrument of conveyance from theDeclaranl or from any owner or grantor shall constitute appointmentof the attorney-in-fact herein provided. A11 of the owners irrevoc-ably constitute and appoint the Association their true and lawfulatt,orney in their nane, place and stead for the purpose of dealing
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with the property upon its dama<_;e, destruction or obsolescence as is
hereinafter provided. As at.torney-in-fact., the r\ssociation, by itsPresident and Secretary or Assi-sLant: Secr:eLar!'r shaII have full and
compl.ete authorization, righL and power to make/ execute and deliverany conEract, deed or any other instrument wi th respect to theinterest of a condominium unit owner which are necessary and appro-priate to exercj.se the powers herein grant,ed. Repair and reconscruc-tion of the inprovements as used in the succeed ing subparag raphs
means restoring the improvenents to substantialIy t-he sarne conditionin which they existed prior to the damage, wj.th each unit and thegeneral and Iimited commor'r eletnents having substantially the somrlvertical and horizontal boundaries as before. lllhe proceeCs c-rf arlyinsurance col lected shal I be avai I able to che Ar; soci ati,f t.l f or Lnepurpose of repair, restoration or re'p) aL-ernents un.l.ess the owner:s andthe first mortgagees agree not to rebuilC in accordanc.: wi Ea Lheprovisions set forth hererrnder.
A. In the everlL of damage or destruction due to fi.re or
olher disaster, the insurarrce procr:eCs, if sufficient loreconstruct the improvements, sha.lI be appJ ied by the Associa-tionr as attorney-in-f act, to cause t.he repair and resh.orationof the improvenents.
B. If the insurance proceeds are insufficient lo repair
and reconstruct the improvenents, such da,raqte or destructionshal1 be prompLly repaired and reconstructed by the Associationas attorney-in-fact, using the pr:oceeds of insurance and theproceeds of an assessment t.o be made against- alI of the owners
and their condominiur,r units.
Such d efici ency assclssmenL shall bc' a common cxper)se
and made pro rata accordinq to each owner's percentage interestin the general common elemenl.s and shall be due and payable
wiEhin thirty (30) days after writ.ten notice thereof. TheAssociation shall have fuIl authority, right and power, asattorney-in-fact, to cause the repair or resboraLion of the
improvements using all of the insurance proce-eds for suchpurpose, notwithstanding the failure of an owner to pay the
assessment. The assessrnent provided for herein shalI be a debtof each otrrner and a l ien on his condominium unit and may beenforced and collected as proviCed in Article XXII. Inaddition thereto, the Association, as attorney-in-fact, shall
have the absolute right and power to sell the condominium unit
of any owner refusing or failing to pay such deficiency assess-ment' within the tine provided, and if noE so paid, the Asso-
ci.at,ion shalI cause Lo be recorded a notice that the condomin-
iurn unit of the delinquent owner shall be required to pay
the Association the cosis and expenses for filing the not.ices,
interest on the amount of the assessment at the rate of eigh-teen percent (l8t), and all reasonable altorneys' fees and
costs incident to a sale. The proceeds derived frorn the saleof such condominiurn irnit shall be used and disbursed by theAssociation, as attor:ncy-in-fact, in the following order:
(I) For iraym,rrr t.Iiens in favor of any
expense of sale;
(2 ) For paynent
fj.rst mort.gaqe;
i>f taxes and sirecial assessment
assessment enEi ty and customary
of the balance of the l!en of anY
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( 3 ) For payment oI
cos Es, expenses and fees
(4 ) For payment ofin the order of and co
and
unpaid common expenses and alI
incurred by the Association;
j'rn ior I iens ano encumbrances
the extent of their priority;
(s)
ovtn er .
The balance, if any, shaLl be paid to the unit.
Notwit,hstanding Articte XXXB, supra, if the insurance proceeds
are insufficient to repair and reconstruct the improvement(s), aIl
of the owners and the first mortgagees of record may agree not torepair or reconstruct the improvements; and in such event, theAssociation sha]I forthwith record a notice setting forth such factor facts, and upon the recording of such notice by the Association'sPresident and Secretary or Assistant Secretary, the entire project
shall be sold by the Association pursuant to bhe provisions of thisparagraphr as attorney-in-facE for all of the owners, free and clearof the provisions contained in this Declaration, the Map, Articles
of Incorporation and By-Laws. Assessments for common expenses shalI
not be abated during the period prior to sa1e. The insurance
settlenent proceedS shall be collected by the Association; and suchproceeds shall be divided by the Association accordi.ng to each
owner's interest in the common element.s, and such divided proceeds
shall be paid into separate accounts, each such account represen+-ing
one of the Condominiurn Units. Each such account shal1 be in the
nane of the Association, and shall be further identified by the
Condominium Unit designation and the name of the owner. From each
separate account- the AssociaLion, as attorney-in-fact, shall forth-with use and disburse the total amount of each of such accounts,without contribution from one account to another, towar:d the partial
or f ul1 payment of the I ien of any f irst mor:tgaclee encumbering thr:
Condominium Unit represent.ed by such separate account. Thereafter,
each such account shall be supplemented b1z t-he apport j.oned amount o f
the proceeds obtained from the sale of the entire property. Such
apPortionrnent shall be based upon each Condominiurn Unit owner'sinterest in the common elements. The totai funds of each account
shall be used and disbursed, without contribution, from one account
to another by the Associati.on, as attorney-in-fact for the same
purposes and in the same order as is provided in Article XXXB(l)
through B(5) of this section.
The owners represent-ing an aggregate ownership interest
of eighty percent (BOt), or more, of the general common elements may
agree that Lhe general common elements are obsolete and adopt a plan
for the renewal. and reconstruction, which plan has the unanimous
approval of all first mortgagees of record at the time of the
adoption of such pl an. If a plan for thc renewal of reconstructionis adopted, notice of such plan shall be recorded, and hhe expense
of renewal and reconstruction shall be payable by aI1 of the owners
as common expenr;est provided, however, that an ob/ner not a party to
such a plan for renewaL or reconstruction may give written notice tothe Association within fifteen (f5) days after the date of adoption
of such plan that such unit shaLl. be purchased by the Association
for the fair market value thereof. The Association shall. then have
thirty (30) days (thereafter) within which to cancel such p1 an. If
sueh plan is not cancelled, the condominium unit <>f the requestingovtner shall be purchase<l accordinq to the following procedures:If such owner and the Associat,ion can agree on t-he fai.r rnarket valuetbereofl then such sale shall be consummated within thirt.y (30) days
-2 4-
thereafter. If the parties are rrnable t.o agree, the date wheneither party notifies the other tfrat he or it is unable to agreehtith the other shat l be the " commencenent date" from which altperiods of time mentioned herein shal] be measured. IVithin ten (10)
days following the commencement date, each party shall nominate inwriting (and give notice of such nomination to the other party) anappraiser. If either party fails to make such a nomination, theappraiser nominated shal 1, within five (5) days after default by theother party, appoint and associate with him another appraiser. Ifthe two designated or selected appraisers are unable to agree, theyshalI appoint another appraiser: to be umpire between them, if theycan agree on such person. If they are unable to agree upon suchumpirer Bdch appraiser previously appointed shal1 no,.ninate twoappraisers, and f rorn the names of the f our: appraisers so nominal-ed,one shal 1 be drawn by lot by the owner in the presence of the otherapPraiser, and the person whose name was so drawn shal1 be theumpire. The noninations from whom the umpire ir; to be dr:awn by lotshall be submitted within ten (I01 days of the failure of the teroappraisers to agree, which, in any event, shalI not be Iater thantwenty (20) days following t.he appointment of the second appraiser.The decision of the appraisers as to t.he fair market value, or inthe case of their disagreement, then the decision of the umpire,shalI be final and bind ing. The expenses and fees of such ap-praisers shalI be borne equalty by the Association and the owner.The sal e shalI be consummated within fifteen (i5) days thereafter,
and the Associat,ion, as Attorney-in-fact, shall disburse the pro-
ceeds for the sarne purposes and in the same order as is provided inArticle XXX B(l) through B(5) of this section, except as modified
here in.
The owners representing an aggregate owner:ship interest
of eighty percent (80t), or more, of the general L-ommon elements,with the consent of all first Mortgagees of record at that time,
may agree that the condominium units are obsolete and that the sameshould be sold. In such instance, the AssociaLion shaIl forLhwithrecord a notj.ce setting forth such fact or facts, and upon therecording of such notice by the Association's President and Secre-tary or Assistant Secretary, the entire premises shall be sold bythe Association, as Attorney-in-fact for all of the owners, free andclear of the provisions contained in this Declaration, the Map andthe By-Laws. The saLes proceeds shal 1 be apportioned between Eheowners on the basis of each ownerrs percentage interest in thegeneral common elements, and such apportioned proceeds shalI be paidinto separate accounts, each such account representing one (f)
condominium unit and each such account shall be further identifiedby the Condominium Unit designation and the n.ime of the owner. From
each separate account, the Association, as Attorney-in-fact, shalluse and disburse the total amount (of each) of such accounts,without contribution from one account to another, for the samepurposes and in the same order as is provided in Article XXX B(1)through B(5) of this section.
ARTICLE XXXI
CONDEMI.IATION
A. CONSEQUENCES OF CONDEMNATION - If at any time or timesduring the continuarrce of -theCb;Aorninium Project pursuant to thisDeclaration, all or any part of the Condominium Project shal 1 betaken or condemned by any public authority or sold or otherwisedisposed of in lieu thereof or in avoidance thereof, then alI
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compensa_tion, danages, or other proceeds therefrorn, the sum of whichis hereinaf ter ref erred to ai irr" ,'condemnation Award,,, sharl bepayable to the Association, and the provisions of this Article XXXIshall apply.
' .COYPIjETE TAKING - In the event that the entire CondominiumvroleeE rs taJ(en or condemned or sold or otherwise disposed of inlieu thereof or in avoidance thereof, the condominiuni o"n"rihippursuant thereto shall terminate. The condemnation Award shalr beapportioned alnong the owners condominium ownership pursuant--tr1"i"."shalr terminate- The condemnation Award sharl be apportioned amongthe owners on the basis of each owner's undivided interest in theCornnon. Elem_ents;, provided, however, that if a standard differencfrom the value of t.he condoniniun project as a whore is;r;i;t"J toneasure the condemnation Award in the negotiation, judiciai aeci"",or othervrise, then in determining "udh apporcio-nment th; -=u*.
standard shall be employed. rhe -Rssoci.ulibn- shallr a"- ioon aspractical ' determine the share of the condemnation Awarcl to- wi,i.cr,each Owner is entitled, and such shares shall be paid into slpii"t.accounts and disbursed as soon as practical for the same puipo"."and in the same order as is provid?d in Article XXX B(1) throughB( 5) hereof.
.PARTTAL.TAKTTG - rn the event that ress than the entireuondominium Project is taken or condemned or sold or otherwisedisposed of in lieu thereof oi in avoidance thereof, the condominiurnownership hereunder shall not terminate. Each owner sharl beentit,led to a share of the condemnation Award to be determined underthe.following_ provisions. As "oon us is piacticat, the Association
."!:11 reasonably a,nd in good fait.h arrocjte rhe condemnation AwardoeEween compensation, damages, or other proceeds, antl sha-I1 apportiop tieamounEs so allocaLed among thc (twrrcr:s, as l.o1l t.rrvi;:
(r) The total amount arrocated to taking of or injury tothe conmon Erements shal 1 be apportioned amo"ng- owners on thebasis of each owner's undivideci interest in the-corrnon Erements;
(2) The total amount a-rlocated to severance damagesshall be apportionecr to -the bwne.s of those condominiumUnits which were not taken or condemned;
(3) The respective amounts allocated to the takingof or injury to a particular Condominium Unit or to improve_ments an owner has made within his own condominium unit sharlbe apportioned to the owner of t,hat particular condominium unitinvolved; and
(4) The total. anount allocated to consequential damagesand any other takings or injuries sharl be apfortioned as theAssociation determines to be-eguitable under the circumstances.rf an allocation of the condimnation Award is already esta-blished.in negotiation, judicial decree, or otherwise, ihen inal locating the condemnation Award, the Association shar1 employsuch alrocation. Distribution of apportioned proceeds shar1 beT3dg by checks payabre jointry to -the respettive owners andtheir respective -First uoitgage's.
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D. REORGANIZATION - In the event a partial taking resuLts in
t,he takinE-EE an-TiE"iiidual Air Space Unit, the Owner thereof sha1l
automaticalty cease to be a rnember of the Associationr and his
ownership interest in the Comrnon Elements sha}l terminate and vest
in the Owners of the renaining Condominium Units. Thereafter' the
Association shall real Iocate the ovtnership' voting rights' and
assessment ratios determined in accordance with this Declaration
according to the same principles employed in this Declaration at its
inception, and shalI submit such real"Iocation to the Owners of the
remaining Individual Air Space Units for the amendment of this
Declaration.
E. REPAfR AND RECONSTRUCTION - Anv repair and reconstruction
necessita l be -governed by the procedures
contained in Article XXX hereof.
F. NOTICE OF CONDEMNATION TO FIRST MORTGAGEES - IN thE
event tnae r be made the
subject natter of any condemnation or eminent domain proceeding or
is otherwise souqht to be acguired by a condemning authority, and
subject to the provisions of Article XXXV B of this Declarabion'
then timety written notice of such condemnation shall be given by
the Association to each Owner and Firsb Mortgagee.
ARTICLE XXXII
PERSONAL PROPERTY FOR COMMON USE
The Association, as Attorney-in-fact for all of the owners, may
acquire and hold for the use and benefit of the condominium unit
owners, tangible and intangibte personal property and may dispose of
the sane by sale or otherwise. The beneficial interest in any such
property shatl be owned by all of the condominium unit ohtners in the
same proportion as their respective interests in the general common
elements, and such interest therein shall not be transferable exCept
with a transfer of a condominium unit. A transfer of a condominium
unit shalI transfer to the transferee ownership of the Transferor's
beneficial interest in such property without any reference thereto.
Each owner may use such property in accordance with the purpose for
which it is intended without hindering or encroaching uPon the
Lawful rights of the other owners. The transfer of title to a
condominium unit under foreclosure shall entitle the purchaser to
the beneficial interest in such personal property associated with
the foreclosed condominium unit.
ARTICLE XXXIII
REGISTRATION OF I.IAILING ADDRESS
Each owner shall register his mailinq address with the Associa-
tion, and all notices or demands, except routine statemenhs and
noticeS, intended to be served upon an owner shall be sent by
certified mail, Postage prepaid, addressed i.n the name of the owner
at such registered mail"ing address, any such notice shalI be deemed
given when so nailed. All notices, demands or other notices
intended to be served upon the Board of Di-rectors of the Association
or the Association shall be sent certified nail, postage prepaid' to
P.O. Drawer 1448, Vail, Col.orarlo 81658, until such address is changed
-27 -
of address change duly recorded in the office of the
Recorder, County of EagIe' Colorado.
Clerk and
ANTICLN XXXIV
PERIOD OF CONDOI4INIU^I OWNERSHIP
?he seParate condominium estates created by this Declaration
and the Map shall cont,inue until this Declaration is revoked or
terminated in the manner provided i.n this Declaralion.
ARTICLE XXXV
RECREATION AT,IENITIES
The declarant acknowtedges that the Project does not conhain
any recreational facilities which are part of the common elements.
ARTICLE XXXVI
RESERVATION TO ENLARGE AND SUPPLEMENT PROJECT
A. The Declarant, for itself, its successors, and its assigns
shall have and hereby specifically reserves the right, until December
3I, 1987 to annex from t.ime to time any portion or portions of the
ReaI Property described on Exhibit C attached hereto and
incorporated by reference herein to the Project.
B. For any annexaEion by t.he Declarant pursuant to theprovisions of this Article XXXVI , the Declarant shall cause an
additional condominium map of such annexed property to be prepared
and filed in the records of the office of Lhe Clerk and Recorder of
the County of Eagle, Colorado, prior to the conveyance of the first
Condoninium Unit in such annexation and such additional condominium
nap rnay be filed as a supplenent to the Condominium Map. Further
Declarant shall cause a Supplenent to this Declarabion to be pre-
pared and filed in the Records of the office of the Clerk and Record
of the County of Eagle State of Colorado, prior to the conveyance of
the First Condominium Unit in such annexation. Said Supplement
shall contain, ambng other provisions, the legal description of the
Property annexed, the number of additional Condominium Units and
t,he undivided interest in the general common elements apparent to
al 1 Condominium Units in the entire Project.
C. Any Condominium Units constructed on the property described
on Exhibit C and annexed by the Declarant sha]1 be architec,turalLv
cornpatitlle to Ehe architr:cfrrral s;ty1c oI pr:evior.ts]i, s'.tllnti.t-t-c:ci Conciomitrir-rirr
ijnits. The maximum number o1. aclcli"tLorral irnit-s srhitil irtrI exccctl .':?.L--
D. Upon the Declarant's annexation of an additional Propertyto this Declaration and the fi.ling of the supplemental condominium
map and supplemental condominium declaration, the undivided interestjn the general common elements (including all general common ele-
ments located on the ReaI Property described in Exhibit A attached
hereto, aIl general common elements located on the additional
property contained in such annexation, and aIl comnon elenents
contained in any other property) annexed to this Declaration prior
to such annexation appurtenant to each Conclominium Unit shall
automatically be reduced to a fraction, the numerator of which shalI
be one (I) and the denominator of which sha]l be a total number of
a1 I Condominiun Units then subject to this Declaration' and the
undivided interest in the general common elements appurtenant
to each Condominium Unit described j.n and annexed by such supple-
mental condorninium map shalI be the same fraction. Sueh reduction
-28-
of undiv j.ded jntc:rcst- irr t-irr.
"6111111r)11
i'lr.mr.'ni-r; apptlrtertnrlt t-o a
Conrlotninium lJnit ,.jllal. l. bc ,rtt tr.rnirt- i.t.' irr(1 n() f' rlrtlter (loculnc,rrl tatiorr
need be f iled of rcct.rrr'! ()r l'irr- [:]t+)r' ir (:1. i.()n t)ccd [>e ta]lcn by Ehe
Declarantr dnY Owner or any I\'1or:tq;r11 r:e l-o rr-rflr-'ct such mot-lification
in undivided interests. 'fhe rnaxi.rnun rrrrrlbr-.r'crl ,tilrliti()rtal Condonrin-
ium Units wh ich rnay be <'orri-a i.nr:d jn l)roper:L i.ns rlnnext:r1 to this
Dec-larai:ion shall not c'x cr,:<,:<.1 2'2 , ;'rrr11 accordingly, the
min imun uncl iv itled i nt.rlr:,-r:;t- i rr t lrl rl,.,it,'r.;r'l ,.-'(.)nin(,)r'i r:l ctnr,'ttLt; appuL'Letl-
ant to a Condoln j.niurn tln it :ih;rl I b,' 1/34 [As arrl ex irlnplri
only and as a rneans of i l l.ur;t:rat- in<; 't.111' llrlv.-qqo i"ncl modif ications of
undivided intercs;l-, tlre nunr bcr ol. (lrintlorn jrr iL:trt Ll rriLs iriitially
subject to this Dec'Iarat-ir>n are twelve ( f2 ) and il. the DecLarant-
shalt f ile a supplem(]nt-al. c<>ndoxi i n i.r-rrn na!) Lor the annexation of
additional property to tbrs DerclaraLiorr contai.ning -_!._1 _-- ( I0 )
Condominiun Un its, then Lhe 'tr nd iv i rlr:c'l i nterest in tt:e common eIe-
ments appurtenant to eaclr Of the Ewelve (_ry ) Condominiun UniLs
enumeraLed in nxhibit ll nttacht:,T-i:i-eiciL,:,- slial I aut-ornaLically be
reduced from I/12 to L/22 and tlre un<li.vided interest in comrnon
elements appur tenant l-o each ()f Ltre EenUnits in the annexed property shall arso'iiri-..*1112
(I0 ) C'ondorniniurr
-T-.
E. Annexabions to this DecIar,:tiort pursuanh to Article XXXVI
wilI contain new addit-ions to the <letreral and I inrited comlnon ele-
tnent, which add itions may contain any or trl I r>t the t-ypes of gerteral
anrl limited cornm()n clernont.r; dcscr:ilrc'd lrt'r t:in. N<>twit.hst-antllnq any
such annexation, each Owner (regardless of rvhether such Ov,,ner is the
Owner of a Conclominium UniL enumeriiLe: in fixhil)it B attached hereto
or is the Owner: of a Colldornin ium LInit contained in an annexation)
shaIl remain fuIIy IiabIe in accordancr: with Se<-'t-ion XX hereof with
respect to his obligatiorr for't.he paynrt:nl,,rf t-.he contmon expetrses of
the Association, i nclud j nq Lhe cxpens()s llor sttch Itew gL'neral anrl
limited qommon elements ancl nelr recreational. f'acil ities, costs, and
fees, if any.
F. As additional Con<lctmi.nir.rur Unitsi are submitted to this
Condominium Project an(l i rr ()rclol: t-hat l-hr': conltn()tl cxpenscs of tlris
Condominium Project l>e shared proportionately dntl equitably by the
Owners of the initiatLy submitLed Condoniniurn Units and the Owners
of all subseguently submit-t-erl adrlit-i,:inal Contlominium Units, the
cornmon expenses shall be proraLed in acc,rr<iancr: with t-heir trnd j.vi<leri
interest in the qcncral- c()llnrr)r'r cl.t:nr,:nt:1 .
G. Each Ownc.r slraII frave t:he n()nexclusiv(l right' together
witlr aIl other Owners, t<> use aIl cornrnon elenetrt-s, open spaces'grassr dnd landscaping arols, ancl al I otlrer .lreas in the Project
which are not herein specifically dedicirted t-o the use of less
than aIl of the C)wnt:rs' 'l'lr i s carii()!r'rn l shal L bc' irrev,:rcal>1e and
shall be for the purposcs of eqress atrd ingress, recreat.ional'
and social use. and shaII apply to aIl proPerty hereafter committed
to this Project.
H. It j-s conEenrplaEed tlrat .rddicionat properEy described on Exhibit C r.rill-
ultinalely be comlitted fo tlris I'ro.jcrct, btrt thc l)cclararlt, i. f.s appointees 'Buccessors, and asslgns shall have no af fir:matlve obllgat ion to do so. The rights
Of the DeClarant, its appoint('(,s, s c(:(!ssors, rtrtl assigrls ' ils tlescribt:cl itr
Sectlon XXXVI hereof, shal1 appLy to all properties which are added Eo El'ris ProJecE
in accordance with these provisi.ons relating to enlargemenL thereof '
-29-
ARTICLE XXXVII
GENERAL
A. If any of the provisions of this Declaration or anyparagraphr sentence, clause, phrase or word, or the applicat.ionthereof in any circumst,ance be invalidated, such invalidity shaIl
not affect the validity of the remainder of the Declaration, and the
application of any such provision, paragraph, sentence, clause,
phrase or word in any other circumstances shalI not be affected
thereby.
B.Any notice required to be senL to any Mortgagee underthe provisions of this Declaration shalI be deemed to have beenproperly sent when mailed, postage prepaid., to the last-known
addreEs of the persons who appear as a Mortgagee on the recordsof the Association at the time of such nailing.
C. The provisions of this Declaration shall be in addition to
and supplenental to the Condorninium Ownership Act of the State of
Colorado and to aI1 other provisions of Law.
D.Whenever used herein, unless the context shall otherwiseprovide, the singular number shall include the pIuraI, the pluralthe singular' and the use of any gender shall include all genders,
E. The provisions of this Dectaration shall be liberally
construed to effectuate its purpose.
rN WITNESS fi{HEnEOr,Declaration this 'J// L' day of
has duly execuEed this
, 1981.
STATE OF COLORADO
COUNTY OF EAGLE
g- /q- gq
ss
Dpclaran,t/Lf'L,r,y'-\(
SHAPIRO CONSTRUCTION CO.
A Colorado Corporation
DECI,ARANT
KerinEt,h E. Shap
Vice-Pres ident
l,ly commission expires:
-30-
i
a
t'
EXHIBIT A
TO
CONDOMINIU}{ DECI"ARATION
FOR
TIIE VAII GOLFCOURSE TOIfNHOMES ASSOCIATION PHASE III
(LcAal Description of Real Property Initially submitted to
Condoniniurn Ouners hip)
SEE ATTACHED PI,AT
Reeerving unto Declaranc and the Owner of the Real Propertydercribed hereto their respectivehclrr, guccegsors, and assigns an easement and right of way
for pedeetrian and vehicular ingress and egress on, upon, over
and acrogs all private roads and streets at any time constructed
on the ReaI Property described above.
a.f
Unit No.
27
28
29
30
EXHIBIT B
TO
CONDOMINIUM DECLAPATION
FOR
THE VAIL GOLFCOURSE TOWNHOMES ASSOCIATION PHASE III
Bui ld ing
H
Undivided Interestin and to These
General Common Elements
31
32
33
34
35
36
37
38
H
H
It
t\
l\
K
J
J
J
I
't I 1'.)
r/12
ll12
).1L2
I/ T2
1 /12
r/12
1 /12
rI LL
1 /12
1 /12
L/L2
?
1:ll(ll Illl'i ('
'l'0
coi.i T).-r:'i t. :'l : ut'1
l"(-.,Ii
1'Or,{1'1HOt'IirlSi .l\rl,:; ()i.l LA',l' l. oN I'iiASE I I ITHE VAIL GOLTCOURSE
(Legal. of Real Property wh ich mily bu cilIIlL:Xr-t.i )
SEE ATTACHED PLAT
ReEorvil-,9 Ltn Ec lc(i l ,-r:.'i:il t. ir:,t i.ti,: o..;n,:. ,
descrlbeC on E;<irii.rr t ,-l--l ,i cr. -r..'ltui :i..:.. ., i
hcir:;, :i, u (.l c (j rt s () 1: li: / iiltrJ ,r:, i,1n1; .r) ,..r:; :tr,
f ot: pr-:eies.;t.ri."rrr .rn(i ',,,ji1 .l.t.ul,,:- .i ir(ir-r.:i:; .rr1
and acrc:ig alI Dr Lv I LLt r',..r.1,1-, i,tlLl ll i:t..r'r,t,.
on --bc Rei'11 lr,:pertv Cr':lr:r-t lr,..tl .rl-rr.,,,,
,. -lL',, '-:iri L)rclltt:.-,ti'
' lr, t. l-it5lrrc'Ct-i.?',-
Ir .ill\l t:,1irt i)l \i.ii'
,' j] r'i;:: :,:t, Ll'J.illt, (r!C L'
. i t ..itr"' :i.lre ccn$ Lritc Lc(i
,.
AUENDED DECI.ARATION OF PROTECTIVE
covENANTS, CONDITIONS AND
NESTRICTIONS FOR FALL RIIreE
RECN.EATIONAI FACILITIES
TABLE OF CONTENTS
Artlcle I - Deflnltlone
Artlcle Il - llenberehip and Votlng Rights ln the Club
Sectlon 2.1 - Henberehip
Sectlon 2.2 - Voting Rights
Article III - Righte in the Recreation FaclLlties
Sectlon 3.1 - otmere I Eaeenents of EnJ oyment
Sectlon 3.2 - Delegatlon of Uee
Scctton 3.3 - Eas€nente and Reserved Rlghts
Artlclc IV - Covenant for Halntenance Aaaeseoeotg
Sectlon 4.1 - Creatlon of the Llen and
Perrooel Obllgatlon of Asseasments
Scctlon 4.2 - Purpoee of Aesessments
Sectlon 4.3 - Basls of Annual Aseessnents
Sectlon 4.4 - Special Asseeenents forCepltrl Inprovements
Sectlon 4.5 - Notlce and Quoruo for Any Actlon
Authorlzed Under Sectlon 4,4
Sectlon 4.6 - Unlforn Rate of Assessment
Sectlon 4.7 - Date of Cmencement of Annual
AeEegsrents: Due Dates
Sectl.on 4.8 - Llen for Aseessnents
Sectlon 4.9 - Effect of Nonpaynent of Asseesnents
Sectloo 4.f0 - Succeraorre Liabillty for
Asrcmcnte
Sectlon 4.11 - Subordlnatlon of Clubrs
Llen for Aaseesnents
Sectlon 4,L2 - Certlflcate of Status of
Arrcrucnte
Scctloa 4.13 - l{ortgagees May Pay Aesesenentg
and Cure Defaults
Scctlon 4.14 - Erenpt Property
4
4
4
PaFe
4
4
5
5
6
6
6
7
7
7
I
I
10
11
11
L2
Article V - General
Sectlon 5.1 -
Sectlon 5.2 -
Section 5.3 -
Res t ric tl ons
Section 5.4 -
Sectlon 5.5 -
SecEion 5.6 -
Executlon Page
Prov is i ons
Dur a t ion
No ti ces
En fo rcemen t of Covenants and
Declaranc's Rights Ass ignable
funendm en t
Severabi 1i cy
L2
I2
Page
L2
13
13
13
T4
Exhibit A - ProperEy Owned by Declarant
Exhj.bit B - Legal Description/Recreation Parcel
RECoRDED: i::"il;;'rle;:.;'rlii"fji!'ruu,
of chc rccords of tlre Eagle County
Clerk and Recorder.
,AllLNgEg DECLARATTON OF PROTECTTVE
COVENANTS, CONDlTIONS AND
RESTRICTIONS t.'OR FAI,L RIDGE
RECREATIONAL FACI LITI ES
THIS AMENDI'IENT 'l'O TIIE DECLARATION OF PRCTIECTIVE COVENANTS,
CONDITiONS, AND RESTRICTIONS FOR I'ALT, RIDGE RF:CRNATIONAL FACILITITS
made on the date hereinafter set forth by Farl Ridge, Ltd., a
Colorado corporation, hcreinafter called "Dcclarant. "
W I T N I] S S E T II:
, WHEREAS, Declarant is the owner of certain real property/located in Eagle county, colorado, which is clcscribed in Exhibit,'A-
hereto and by this reference is made a parb lrereof (herein calLed the
"Property"), and desires to provjde for the operation and naintenance
of the Recreational Facilities, hereafter clescribed, for the benefit
of a common building scheme on the property (herein designated.as the
"FalI Ridge Project" );
WllERtAS, Declarant hercby clesires to create an agency Lo
which shoul,d be delcAated and assigned the power and duty of main-
taining and operating the Recrcation Facil ities and collecting and
disbursing the asscssments and charges hereafter created;
l{HEREAS, Declarant has caused to be recorded that certain
Declaration of Protective Covenar)ts, Conditions, and Restrictions for
FatI Ridge Recreational Facirities on the 9th day of December r97?,
at Reception No. 159790, in Book 263, at page 429 of the records of
the clerk and Rccorder, Eagle corrrrty, colorado (hereinafter
"Protective Covc'nants"), which protcctive CovcnanLs affcct and encum-
ber the property;
WHEREAS, the proLective Covenanbs may be amended by an
instrument signed by at least B0t of the Lot or Condominium Unit
owners of rccord and thc holdcrs of morlgages or cleeds of trust of at
least 80t of the Lots or Condominium Units;
t'lltEREAS, Declarant is the solc O.rner of record of aII Lots
and Condominium Units located on the Properby, and no Lots or
condominium units are subject to any morLgages or deeds of trustt ard
WIIEREAS, Declarant lrereby determines that the Protectlve
covenants should be arncntled in order t.o protccL the health, safety,
,{
and welfare of future owners of t,oLs arrd condortinium units located on
!he Property.
Now, THEREFoR, Decrarant hereby aeclares that. the
Declaration of protective Covenants, Conditions, and Restricbions forPalr Ridge Recreational Facilitiesf recoraed on the 9th day of
December r977, ab Reception No. r59790, in Book 263, at page 429 of.the records of the Clerk and Recorder, Eagle County, Colorado, shallbc amended in its enLirety to read as herein set [orth, and Declarantfurther declares thaE all 0f the pr<.rperty descritrect in ExhibiE "Anshall be held, sold, and conveyed r;urrject to the folrowing eascments,restrictions' covenants arrd conditions, which are for the purglse ofprotecting the value and rlcsirability ofr dnd whicir shal. l run withthe real property and bc binding on aII parLies having any right,litler or interest in the <lcscribcd propcrLy or an! pr.rrt t^ereof,their heirs, successors and assigns, and it sh.rll inrrre to the bene-
fit of each Owner thereof.
A R',l'I C LE
Section l.l
this Declaration or in
tenl with the context
Definitions. Ilre
any Supplemental
hcreof), shall
following r.ords, wlren used in
tleclaration (unless i ncons i s-
havc- the following meaning:
govcrning body of the
obI ig.rtions of the CIub
and managemenE of the
A. "Board of Directors', tnc.tns the
C1ub, elecEed by the Owncrs Lo perllorrn thc
relative to the operation, mainLenance,
Recreation Facil i bies.
B. "Cl.ub" meons The Fall Ridge Comrnr:rrity Associati.on.rnc' ' a colorado non-stock, non-p6ef ir- rrernbcrship corporaLion, to beorganized to provide certain faciliries and services to the FaIIRidge Project and its inhabi tants and visi tors.
. c' "Recreation FaciliLies" means those portions of theProperty described in Exhibit "8,,'attached hereto and by this refer_ence'made a part hereof, or any Fprtions of rhe pro[Erty, dcsignatedby Declarant pursuant to scction 3.3 0f this Declaration in lieu otthose portions dcscribed in Exhibit B, and on which there will belocated oPen sPaces and such recreational structures and faciritiesas nay hereaft.er constructed thereon.
D. "Lot
d es igna ted o Lot 1n
No. 3, recorded on
l" means
on that
the 20rh
that portion of the property which ls
certain plat entitled Sunburst piling
day of Dcccmber I977, in Book 263, at
-2-
Page ?39,
Color ado.
of bhe records of Ihe Clcrk and Recordcr, E'rgle County,
E. "Lot,, mcans any p1 ot Of Iand shown on any strbdivision
map of Lot l to be hereafter recorded, but shall not include
Condominium Units, t}1e Recreation Facilities or any plot of land con-
stituting parI of a condominitrm regime so designaLed by separate dec-
Iaration pursuant to the Corrdorninium Owncrship Act of the Sgate of
Colorado.
F. .'Condominium UniL'. shaIl, where rca] ProPerty.with'in
the ProperEy has been su.b_mitLed to a corrdominium regime trnder the
COndoninium Ownership Act of tlre Stat-e of iolorado, as arnended and
supplemented, mean and refer to Llre entire ri9ht, title, and interesE
in said condominium regime which is owned by each O,rner of a condo-
ninium unit as cletined in saicl ConLlominiutn Ownership Act ancl. thc con-
dominium declaration Eherefor.
G. "Declarant" mc.lns Fall Riclge' Ltd
corporation, its successors and assigns.
Co Io r ado
ll . ,,First llortg;]gc" means t-he rrnpaid and outst-anding mort-
gage or deed of trust having priority of record over all other
recorded Iiens excePt those ggverntrrental liens made superior by sEat-
uCe (such as gcneral ad vaLorem tax Iiens and special assessments).
I. "First Mortgagee" tneans t'hc llortgagee utrder
MorLgage.
First
J. "I'lortgagce" means Jny Pcrson named as a mortgagce or
beneficiary under any Mortgage under w[ich the interest of any O'ner
is encumbercd, or any succcssor to the interest of any such Person
under Such Mortgage, or any sel1er uncler a recorded installment land
contract who holds the fee title as secur'i.ty for performance by the
contract purchaser.
K. ,,Owner,, means the record owner . whetlrer one or more
persons or enti!ics, of the fce sirnple tille to any Lot or
Condominiurn Unit which is a part of the Property and which is subject'
tO aSseSSmcnt, but shall noE rncan or refer to any person or enttby
who holdS such interest rnerely as sccurity for the performance of a
debL or other obligation, including a mortgagee or beneficiary under
a deed of trust, un1eSs and rrntil such person has acquired fee simple
t itle Pursuant to foreclosure or oLher 1e9a1 proceed ings '
-3-
.i ,.
ARTICLD II
ltembership and Votiqg nlglls in_jj_u--q].1,U
Section 2.I Membership. Every Owner of a Lot orcondominiun unit which exists or hcreaftcr shall cxist upon theProperty and which is or will be subject to assess,rnent, as lrereinaf_ter provided, shall bc a rnernbcr of Lhe Clrrb. l.tcrnbcrship shall be
aPPurtenant to and may not be separarr''cJ frorn ownership of .rny tot or
Condominium Unit which is srrbject to assessment.
section z.z Voting Ri<thts. The mcmbcrs of the club,including Declarant, shart be entitled to one vote for.each Lotand/or condominium unit owncd. when more than one person hords aninterest in any Lot or condominium unit, alI such persons shalr benembers' The vote for such Iot or conr'lorninium unit shall be exercised'as tbe persons hording interests arnong themselves determine, but inno event shalr more th.rn one vot:e be c.rst. By acceptance of a deed orother instrument of conveyance, whether or not such deed or otherconveyance expressly so states, each owner acknowledgesr covenctnts,
and agrees that the toLaI ntrrnl>er of votcs ent i tled to be cast rn..ly beenlarged upon recordation of a p1 an or plat of suLxrivision of Lot l,or any part thereof.
ARTICLE III
Rights in the RecreaIion Facilities
Section 3.I ggSl-._Lgrgrngl:_gf_ Enlgylls$. Every Ownershalr have a right and easement of enjoyrnent in and to the RecreaLionFacilities (which easement may be evidcnced by specific language in a
deed (rom Declarant to an owner), which shalr be appurtenant t.o andshall pass nith the title to every Lot or concrorninium unit, subjectto bhe following provisions:
(a) the right of the Board of Directors at any tirne
and fron tine to time to build structures.and improvements for recre-
aIionaI purposes on, over , uncler, and above the Iand descr ibed insaid Exhibi! "8" as amended frorn time to time in the manner hereinaf-
ter providcd;
( b) the righb of tlre Board of DirecEors
reasonable admission and oLher fccs or the use of any
Faci I i ty;
to charge
Recreat,ion
(c) Lhe right- of the Board of DirecLors to suspend
the voting rights and right to use of the Recreation Facilil-ies by an
Ouner for any period during which any assessment against his Lob
4-
and/or Condominium Unit
exceed 60 days for any
regulations;
remains un1>a i d ,
inf raction of i
and for a period not to
ts pubiished rules and
(d) the right of tlre'oard of l)irecr-.rs t-o dedicateor transfer alr or any part of the rcar or persor.r(-rr property owned by
lhe club to any public agencyr authority, or utirity for such 5r.rr-poses and subject to srrch conditiorrs as may be agrecd to by Lhe
nembers ' No such dedicati on or transfer to any publ ic agency,authority, or utility shall be effective unress <-rn instrumenb agree_ing to such cledication or trarrsfer ancr signed by t].',ree-fourths of thenembers has been recorded; <tDd
(e) the right of
Secbion 3.3 of this Declaration,
Recreation Facilities.
Declarant, as set forth in
to clrange thc location of the
Sec t ion 3 . 2 Del eg a t. ion o f_u_:o .
accordance with the by).aws, his right ot
Facilities to the members of his f.rrni1y,
purchasers who reside on the prope(r.y.
fury Ovncr rnay delegate, in
cnjoynerrt to tlre Recrcation
his Lenant-s, or cor)tract
section 3 - 3 [asernents and Reservd Rights. Tlre Recreation) ::::j:W.'lne ltecr ea t ionFacilities shall be devoted to the use and benefit of Lhe owners, butthc aeneral public may be admitted to such facilities and the clubnay cbarge admission and other fecs [or the usc of any RecrcationFacilities. Declarant hereby reserves on, over, under, and upon theProperty an easement for prrblic ingr.css and egress, installabion ofutilities, the temporary rrse of .the propr-,rty for the construction andrepair of improvemcnLs upon f.Ie lanrj comprising pre Rr:crcationFaciliLies arrd the rig.t Lo gr.rnt cascmcnLs for said purposes.Declarant hercby furLrrcr re:;erves ilre right to change the Iocationupon Lot I of t-he Iiecrc.rtion Facil itics f rom th.:I location describedin Exhibit B hereto, provirled, lrclwovcr, that .-rny such change shall
comply with those cer tain prot.ective covenants of sunburst Fil ing
No ' 2 a Itcsubdivi sion of a Prrrt oI Iirrrrbrrrst. anc] .r par t of tlrc Nl/2 otScc. 9, T5S, R80W of the 6th p.M., Eagle County, CoIorado, recordedon the 14th d.ry of September 197? in Book 2Sg, at page ?55, of therecords of the clerk and Recorder, Eaglc county, colorado. The rightof Declarant to change thc Iocation of the Recreation Facilitiesshall terminate u1rcn the happening of either of the following events,whichever occurs ea(l ier :
( a) when Decl r:rroDt
and/ot Condominium Units ;.*rrnittedby covenants and rcstrictjons of
has conveyed a majority of Lots
to cxist, by Iaw or ordinance, or
rccord, upon I,ot I, or
* 5-
(b)December 31, l9B0
ARTICLE IV
Covenant for Maintenancc AsFeqFmgntS
Section 4.l Creation of the Lien and pers i iqationof Assessments. The Declarant, for each tot pnd/or condgrniniurn unit
ovncd within the Propcrty, hcreby covcnants, and cac!.1 Oyner of anyLot or Condominium Unit, by acccptance of a dccd thefcfof, whether or
not it shall be so expressed in any such deed, is deemed to covenant
and agree to pay to the Board of Directors: (l) annuaL assessmencs
or charges as provided hcrein; and (2) special assessnen-ts for capi-
tal improvements, such assessrnents to be fixed, established, and cor-
lected from tirne to time as hereinafLer provicied. The annual, and spe-
. cial assessrnents, togethcr with interest, costs, and reasonable
attorneys' fees, shall be a cbarge on the land and shall be a con-
tinuing lien upon thc tot or Condominiurn Unit against which each such
assessment is rnade until paid. Each such assessment, together with
intercst, costs, and reasonabre attorneysr fces, sbaIl arso be the
personal obligation of the pcrson who was the owner of such t,ot or
Condominium Unit at the time when the assessment fell due.
Section 4.2 Purpose of Asscs:ll9nls. Thc assessrnents Ievied
by the Board of Directors shall be used exclusivery to promote the
recreation, hcalth, safety, and welfare of tire residents of Lhe FalI
Ridge Proj ect and for the improvement and main tenance of the
Recreation Facilitics, incruding, but not limited to, Lhe payment of
taxes and insurance thereon, and repair , replacement, ancl additions
thereto, the cost of Ial:or, cguiprnent, materials, management, and
supervision Lhcreof, alrcl any rnanagers' salaries.
Section 4. 3 nq_:fg__s!_lgnq4_4!:S!.:.gn!s_. Declarant shall
fix the initial
annual assesgmcnt
Cl ub.
annual assessrnent Ior the Club. Thereafter, the
shaIl be fixed by t-he Board of Directors of bhe
Sect ion 4. O !L:g-U! Asscssrncrrts for CapiLal Irnprovc_!rents.
rn addition to t.he annuol assessrnerrts auLhorized by scction 4.3
hercof, the Board of Directors may lcvy in any assessmenE year a spe-
cial assessment, applicable to that year only, for the purpose of
defraying, in whole or in part, the cost of any construct ion or
rcconstruction, repair, or rcplacement of a cJescribed capital
improvcment upon the land <Jcscribed in Exhibit "B' hereto, including
the nccessary fix bures ..nd personal property rclated thereto,
Provided that any such essc's,s,rncnt shall heve thc assent of [wo-thirds
of the votes of the melnbers wlro .rrc voLing in pcrson or by proxy at a
-(,-
mecting duly called for thi s prrrl)ose, wri ttcn nol-icc of which shallbe sent to arl members at least r0 days in acrvance and sharl setforth the purpnse of this rnecting. such special assessments shalI notbe imposed in order to frrnd initial construct.ion of irnprovements tothc Rccreation Facir ities which are the responsibitity of oeclarant.
scc r i o n 4 . 5 f!_Ug_q_gtg=Qf,-"-l-91lo. ._aty__L.!gln,,llgf!r:9
under section 4.4- writ.cn noLice of a.y meeting caJ. led for the pur-
pose of Laking any action authorizcd unc]cr Sect,ion 4.4 shall be senrto all nembers not ress than r0 days nor more than 50 days in advanceof the mceting. At the first such rnecting cal. led, the presence of
mcmbers or of proxies cntit-1cd to cast 60r of aIr, Lire vot.es of the
menbership shall constitute a quorurn. If the reguired guorum is not
Present, another meeting may be carled subject Lo the same noticereguirement, and the reguircd cluorrun at the sJbseguenL mceting shallbe one-haIf of the reguircd guorurn ar the preceding meeting. No. such
subseguent mcetirg shall be hcld more than 60 crays following the pre-ceding rneeting.
Section 4.6 !tI..of,l_ nlr.e _o_f n ssc1:II,.I!. Both annual andspecial assessmcnts must be fixc<i at a trrriform rate for alI LoEs and
condominium units and lnay bc collccted on a monthly basis. No annualor special assessrncnt shalr . be I cvic<i by the club upon L,ot r unlessand until said rot r, or a prtion therc.of, is submiIted to a plan o.rplat of subdivision, or is subrnitteci to a condominiun regime underthe condominium ownership Act of thc st.rte of cororado, as amended
and supplemenl-ed. upon recordotion of a plan or plat of subdivision
or a declararion of subrnission to a conclominium regime, each trt or
condorninium unit crcated urerel>y on Iot I shall be srrbject to assess-
ment in the same manner as any other t",t or condominium unit on theProPerty. During the timc Iot I is exernpt from assessment, Declaranthereby covenants and agrees that in lieu of asscssment, Declarantvilr pay a portion of the ad valorem property taxes imposed upon orattributable to the Recrcat.i.n Faciritir:s. The portion of such taxesto be paid by Dccl.ar'.r't- r;lraIl L,e 54/124tlrs of thc Lot.ar of suchtaxes' which fraction reprcsents tlre ratio of the number of dwellingunits presently p:crmitted by zoning ordinances of the Town of Vail toexist or be constructed upon Lot l to r-he total number of dwelling
units (including condornirrium unit-s) pcrmittcd to exist upon Lhe
Property.
Sect ion 4. ? Date gf 9q'relgement. _of Annrral Assessments:
Due Dates' The atrnual. asscssmcnLs prov icled for lrc-rein may cofiwence as
to all Lots and condominium units on the first day of the month for-
lowing incorporation of Lrre club. The first annual assessment shall
be ad justed accordi rg t.o t.bc nurnbcr of rnont.rrs remaini^g in the
-7-
calcndar year. The Board of Di rectors slralI fix the arnount oI Lhe
annual ass.edsment against each Lot 'rncl conclominittm unit ab least 30
days in advance of each antlual asscssmcnt pcriocl . writt-en noLice of
the annual assessment shalI bc sent to cvery owner subjecE thereLo'
The due dates shaII be establ'ished by the Board of Directors'
Section4.SLientorAsscslnents'Thcannualandspecial
assessments ( including rnont-hIy installmenhs ttrcreof ) provided for in
thisArticIeIV(Logetherwithanyanda}linterest,costs,late
charges, expenses, and reasonablc attortteys' Iccs which may arise
unQer the provisions of Section 4'9 hcreof)' shall be burdens running
!rit.h, and .a perpetual I ien in f avor of the CItrb upon, t-lre specif ic
Lot or condOrninium unit to which such assessments aPply'TU evidence
such lien upon a specif ic Lot or'conclorninium unit, bhe Doard of
Directorss}ral]PreparcawriL|-enlicrlnoticcsct.tingforththe
description of the Lot or condominium unit, the alnount of assesslncnts
thereon whj.ch are unpaid as oI the c].ltc oI sr.rch ]icn noIice' the name
o( tlte Owner or Owtrcrs l-lrcreof, 'ttrd any ond alI ot-lrer inforrnal-ion
that the club rnay rjeem pro1rcr. 'l'he l icn noLice slrall' be signed by a
ncnber of the Board of DirecLors or by an officer of t-lre club or by a
person, firm' corporation, or ol-hcr cntity emPloyed or elrgaged as an
indepe ndcnt contracLor to pcr Iorm tnanagclncl]t. serv iccs for the Pall
Ri<3ge Project (herein called "Man.-rgcr") ' or any of f icer or cmployee
of the Manager pcr f orlning fllclrls$€ln€ot services I tsod shaLl be recorded
int.heofficeoftheClerkandRecorc]erofEagleCounty,Colorado.
Any such Iien notice shaII not consLiLute a cotrclition precedcnt nor
delaytheabtac}rrnentofttre]ienbutsuchlienisaperpctuallien
upon Lhe Lot or Conciorninium Unit and attaches without notice at the
bcainningoft-lrefirsttloyofarryl.leriociforwhjchcrn}assessmentis
Ievied or assessed.
Secti<rn4.gliffcctorNonPaymcntof-Assessments.Itany
annualorspecialassess|ncnt(<rr.lnyrnorrthlyinst'a]lmentthercof)is
not tuIIy Paid wiLhin 30 days 'rfter thc same becomes due and payable'
then in any of such evcnts and as oftcn as the same may haPPen'
intcrest shall eccrre at tl)c rate of l0t per annum from Lhe due date
onanya|nountt-hcreofvllricliwe.lshoLllcidr.li[hinsuch30-dayperiodor
on the amount of assessmcnt in <lefault' whichever shall be
appl icable, and the Cl ttll trr'ry l-lrcrcrf tcr br in9 an action at Iarv or in
cguity, or both, against any Owncr personalty obligated'to pay the
sameattdmayalsoproceec]to[orccloseitslienagainsEtheparLicu-
Jar Lot or Condominium Unit in the manner and form provided by
colorado law for fOreclosurc of rcal cst-ate mortgages in and through
the courts. An actiorl at law or in ecluity by the CIub against an
owrrcr to recover a money jtl<19ment for unpaid assessments (or any
monthly installment thercof) may be corruncnced and pursued by the club
-B-
withouE foreclosing of r in any woy, waiving tlre Cltrb,s lien
therefor. In the event that any such (tssessnrerrt (or monthly install-
menE thercof) is not fu1ly paici r.4ren cltre and tlie CIrrb sSall cornmence
such an action (or sharL counterclaim or cross-claim for such relief
in any action) against any o",rner pef sonal ly obl igat.ed Lo Pay Lhe sarne
or shall proceed to f oreclose i Ls l icn against t-lrc particrrlar Lot or
Condominium unit, then al). rrnpaid nront-hly instal.lrnents of arrrrual and
special assessments ( incltrcling .rny srrch irr:;t,rl lnrenr.s or assessrnencs
ari sing during the proccedings of such action or forecrosure
Proccedings), any accrued intcrcst rrn<ier this section 4.9, thc
Clubr s costs, expenses, and re.rson.rble attorncys, fees int--ur re6 forany such action and/oc foreclosr.rre proceedings shaII be taxed by thecourE as part of the costs of any such action or forecrosure proceec_
ings and shall be recoverable by the Crub from any owner personally
obligated to pay [he same and from the proccccJs from the forecrosure
sale of the particular L,ot or concrominium unit in saLisfaction of the
cl'ub's Iien. Foreclosure or .rtr-cmptcd foreclosure by the club of itsLicn shall not be deemc<i to esLop or otherwise precludc tlreAssociaLion from thercaftcr again foreclosing or atternpLing to fore-close its lien for arry subscqucnt- a!;sc'ss;rnent s (or rnonth.ly inst-all-
ments thereof ) wlrich arc nor- f ul Iy pa id when rlue or for any srrbse-
<;ucnt deIau] t asscssnrerrts. Tlre club shall have Lhc prcwer and right
to bid in or purchasc arry Lot or corrtlorninium urri t- aL rorcclosure or
ot-her legal sale and to acr;rire and hoId, Lcase, mortgage, voLe the
clttb votes appurtenant to ownership tlrercof, convey, or otherwise
deal with the some.
Section 4.10 Successor's Liabilily_lgr_-Assessments.
Notwithstanding the pe,""nJ ouiigation of each owner of a Lot or
Corrdominium Unit to P.ry at I asscssrncnts thcrcon and notwithstanciing
the club's perpetual lien upon a Lot or Concrominium unit for such
assessments, all succcsr;ors in intercst to the fce simple title of a
Lot or condorninium unit srrar. I bc joinLry ancr scverally riabrc with
ttre pr ior Owncr or Owrrcr s t.lrcrcof llor any and alI unpaid assessment.s,
interest, late chargesr c<-rsts, cxpcnlics, and attorneys'fees against
such Lot or condoninium unit. without prejudice to any such
successor's riglrt to rccovL',r Iroln any pr ior ovrner any anounts paid
thcrcon by such succcssor; 1>rovided, lrowcvcr, that a succcssor in
interest to tlre fce sirrrp)e tit. l e of a Lot or conclominium Unit shalrbe enEi tled to rely upon the ex isLencc and status, or absence
thercof, of unpaid assessrncnts, interest, cosEs, expenscs, and
attorneys' fees as shown upon eny certificate issued by or on behalf
of' the club to such namcd succcssor in intercst. purslrant to t-he pro-
visions of Section 4.r2 hereof. 'rhe foregoing iiability of succes-
sors in interest for all trnp.ricl asscssments, intercst, rate charges,
costs, exPenses, and aLtorneys' fces against his I,ot or Con<Jominium
-9-
unit shall not apply to any pirst l40rtgagee or First'ortgagee,s
nominee who sha)'l, in good faith and not for the primary purpose ofcircumventing this section 4. r0r acguire the Iot or concrorniniuh unitthrough a deed in lieu of foreclosure proceeciings.
Section 4.ll Subor<lination of Club,s Lien for Assessments.The CIub's perpetual lien on a Lot or Co'clonrinir^ ui'iaments shall be superior to tlle homcstcad cxcmptionPart 2, Article 41, TitIe 3g, C.R.S. I973, as Arnond^.t.otlrer liens and encumbrances LrxccDL:
ty .rd val.orem taxes
a Colorado govcrnrnental
for a ssess-
prov ided by
and to all
and special
sutdivision;
the I ien of any
advances made by
scllcr and not_
made subseguen t
- ^J<t I l(J
. (b) The lien of any First ltortg.rge orexecutory land soLes conLract, inclrrciing any and aIIthe Pirst Mortgagee or exccuLory l ancl sales contractwithsLanding that any of such adv..rnces rnoy have beento the date of the attachmcnt of thc Cl ub,s I iens;
(a) Real propcr
assessment Iiens duly imposed by
(c) Any licn
declaration pursrrant to the
Colorado, being Article 33,
as amcnded and supplcmcnLcd,
prior and superior to the l
of this De.claraLion.
crc.rt_cd unclcr the l_crrns of a conclonrin i um
Contlorninium Ownership Act of t-he State of
Title 38, Color.rdo Reviscd.StatuLes 1973r
which licns arc on a ll.rrit-y with and not
icns existing or cre.rtecl uncJer the terms
with respect to the forcaoi'g s;t: rrpart (b) of this secr-ion 4.I1, anyFirst Mortgagee who cornes into posscssion of a Lot or condorniniumunit by virLue of forecrosirrg Lhe First r,1ort9.rgc or by virtue of adeed or assigrlnenE in Iieu of such a forcclosure, or any purchaser ata foreclosure salc of the First l'rorLg.-rge, wirr. take the Lot orcondominium unit free of any claims for unpaid club assessments,interest, late charges, costs, expcnscs, and attorneys, fees againstthe Lot or condominiurn unit which accrue prior to the time such FirstMortgagee or purchaser comes into possession of the Lot orcondominium unit. Arr other persons obtaining a lien or encumbranceon any Lot or cordominiurn unit aft.er the recording of thisDecleration shaII be deelnec] to consent Lhat any such lien or encurn-brance shaII be srrbordin.:Le;rnd inferior to thc cIub,s fuLure Iiensfor assessments, interest, Iate charges, costs, expenses, andattorneys'fees, as provi<!ed in t.lris Articre IV, whcther or not suchconsent be specifically set forth in the instrrunent creaLing any suchlien or encumbrance. sarc or other transfer of eny I-ot or condominiumunit shall not affect the CIub's rien for assesslnents, inbcrest, ratecharges' costs, expenscs, a^d attorncys' fecs crue ancr owing ab the
o
tirne of such sale or other transfcr.rnd
liabitity of each Owner who shall have
nent therebf.
shall not aftect
bccn rcs;rcnsibLe
the
for
personal
the pay-
Section 4.l2 Certificate of Status of Assessments. Uponreguest in writing by any person andtherefor, the Club shall furnish within
received, a certifjcate setting forth
paynent of a reasonable charge
10 days after such rcguesL is
. (a) The amount
costs, expcnses, and atLorncys'
Jar Lot or Conclominium Unit;
(b) The amour.rt
assessment and the
payabl e ;
any spec ial
Unit; and
of any unpa id assessments, in[eresE,
fecs then exisLing against a particu_
the annual
is due and
of the current
date that the
monLhly installnrcnts of
nexL rnonthly installment
(c) The date of the payrnent of any installrncnts ofassessments then existing againsb the Iot or condominiurn
incl uding the
terms of this
(d) Any other inforrnation <ieencd
amount of any unpaid lien created or
Declaration.
proper by the Club
irnposed under the'
upon bhe issuance of such a certificate signe,it by a member of LheBoard of Directors or by an officer of the club or by a .,laneger, theinformation contained thcrein sharr be concrusive upon the club as totlte person or persons to whom such certificate is addressed and whorely thereon in good faith; provided, however, that no other riabil-ity or consequence shar. I attach t-o the cl ub, its ofticers, or agentsfor errors appcaring in such a cerl-ificate.
Section 4.13 l,,or Lgagees May pay Assessments and CureDefaults' If any assessmcnt, or monthry installmcnts thereof, on anyLoL or cordorninium unit shalr'ot be paid by the owner thereof urithin30 days af ter the sanre is due. or i f a def aul t by any o.rner of anyprovision of this oecraration shalI not be cured within 30 days afterwritten notice thereof is give. to srch owner, Lrren t-he crub sharl
!hcrcafter serd a noLice ttrere<.rf Lo any Firsb l'rorbgegee thereofl andna\(but shall not be reguired to) send a notice thereof to any otherllortgagce t'hereof. Any l'rortgagce nay (buL shalr not be reguired to)pay such assessment or nronthry instarrnents thereof, togeEher withany other anou'nts secured by the club's rien created by thisArticle IV.
-l t-
Section {.14 Excmpt Propcl_t-y. ,rtr
subJect to this Declaration shall be exempted
chtrges, and lien created hercin:
(a) Atl
other lnterest bherein
authority and devoted
(b) All
proper t ies to
ded icatcd and
to 1>ut>l ic use.
c Io1 I owi ng proper ty
from lhe assessments,
o f any easemenl- or
the local prrblic
t-he ex ten E
accept.cd by
utility lines and easemenLs
(c) The trecreation Fa<:il itics.
(d) Commercial Condominium Units, the
do not use the Recreation Facil ities.
Owners of which
(e) Lot l, except as otherwise providecl inSection 4.5 of this Declaration.
lu!!11,_Y
Gene r aI provisions
section 5.r Durati.'. Thc covenarrts ancl restrictions ofthis Declaration shall run with and bind thc land ancl shall inure tothe benefit of and be binding upon the Owner, his lcAalrepresentatives, heirs, srtcces$ors and assigrrs, of any Lot or
condominium unit subject to bhis Declaration, for a period of 25yearE from the date this Dcclaration is recorded, after whiclr Limesaid covenants shall be automatically extcncled for successive periorlsof l0 years unless an irrsIrument signed by tlre trren owners oftwo-Lhirds of the t,ots.and corrrlorninium r.rnits .rnd alI or thc rnorbgag-ees theraof has bccn recorcJccl , agrecing l-o change said covenants andrestrictions in whole or in part. provirred, however, thaL no such
agreetnent' to change shaII be effective rrnlcss writtcn notice of bheproposed agrcement.is scnt to every orner at Ieast t5 days in advanceof any action taken.
section 5-2 Notices. Any notice recluired to be scnt to any
menber, owner ' or mortgagee un<ler r:hc provisi.ons of this Dcclarationshall be dcemcd to havc been 1>r''Pc.,rly scrrt when rnailecl , lxrstp.rid, tothe Iast knovn addrcss of the pcrson who appears a meml>er, Onner, or
mortgagee on the records of the Cltrb at t:he time of such mailing.
section 5.3 Enforccrnent -of Cove.nanLs .rnd ResLrictions. If
any Pergon, firm, or corporation shall violaLc or LhrcaLcn Lo viorabe
any of the provisions of this insr-rrrmcrrt, it shaIl be rawful for Ehe
Declarantr the club, nnd Ronrd of Dircctors, or [or any pcrson, Iirm,
-12-
/ -*t/l
f"'"orpot"tion owning rcal property inclrrrrc'd wit-hin Lhis Declaration,
6rinstitute proceedings at raw or in equity to enforce the provi-ielons of this. insLrument, to restrain Lhe person, firm, or corpora_tion viorating or threatening to violate them .rnd to recover damages,acEual and punitive, together with reasonable attorncys, fees, forsuch violations or threatcrred viorations. No failure on the parr ofany such Person' firnr o( corporaEion or Decrarclnt to cnforce anycovenant irnrnediately afEer any such cause may arise shall be deerned awaiver as to that cause or of any simir.ar carse that may thereafterarise
section 5.4 Declarant's Rights Assignable. AII of therights of the Declarant;;;rervcd, inclucring riglrrs reserved roenforce any and aIr of the covenants and reservations, sharL befreely assignable and any assignee shalr succecd to aII of thc rightsof any assignee thereof.
secbion 5.5 Arnenclment. 1'h is Declar.rt:ion may be arncndcd byan insLrument signed by at rcast B0t of r.he L,ot or Concjominiwn unitowners of record and the hordcrs oI m.rtq,lgcs or dcc<]s of trusb of aLleast 80t of the Lots or condorninirun units. No such amencJment shaIIbe ef f eet ive unless wr i tten 'otice of the arncndmer.rt is senb to everyowner and mortgagee appearing in the records of the Declarant. a rea-sonabre tine ln advance of any action taken. written notice of bheamendmenl sent at reast 15 days in acrvance of any action taken shalrbe conclusivery presumed. to have bcc' given a rcasonable time inadvance' For PurPoses of mceting these rcquircmcnts, when [pt.s con-talnlng nore than one Condominium Urrit are counted, the Condominiumunlts shall be counted and the Lots r:1rcn which such condominium unitsare situated shall not be counted. No such arnencrmcnt shalr be e(fec_ttve exccpt as to persons with actual not.ice unlcss recorded in theoffice of the county clcrk and Rec.rder of Eagle county, colorado.NoLwithstanding any other provision of this section 5.5 bo thecontrary, Declarant hereby rcserves t.he rigtrt to amend Exhibit B ofthls Declaration and any plat of record upon which the RecrcatronFacil ities are shown in the rn.rrrner proviaed in sect-ion 3.J of thisDeclarati.on without the a1>1>roval.of oLlter owners.
Sect ion 5. E Xc_ysr .rqr_ll1!1. InvaI ictat ion ofcovenants or restrjctions by judgment or court orderaffect any other provisions which shaII rcmain in
e f f ect,.
any one of these
shall in no wise '
fuIl force and
-13-
-a
WITHESS HHEREOF. pall Ridge, Ltd
lnrtrunent to ba .rccutcd as of the 20 day of
C1
has caused this
dAilufre,P , 1978.
)FALL RIDGE, LTD., A COIOTAdO
corporation
lfltNt:
ttltt ot cotor Do
cgDrrl o? rGE_
,v AO : z'-ll F,,, \
President lsEALl
)
) ss.
)
i thr lorrlolng
6ry cl
ine t r urcnt
1t78, by
uas acknowledged before me this
)- .-n-n- t"-.4 , !8 -Dculdrntr atd
of trll llderr
ry
Ltd. ,
Ittnrrt ry hend rnd officiel seal.
i..; 3:..::..,...... ....:.... ,..-...: l] i;"J
f,y conrlrrlon crpirct
, as AMf secrctapy
I
)lSttt l
lrcr rt,r r y
Notrry Public
-la-
}:X}IIBIT A
PROPI:R'TY OWNED BY
t)r:cl.ARANT
A part of the North lralf of sectton 9, Tovrrship 5 South, Rangc [10 wcst of
fll-iircft prlnclpal llcridlan, c()rlttIy of [l;rglc, Stace of Color;rdo, more
P6rt lculsrly descrtbed as folluws:
Comenclng at the Northcas! cot'nPr of sa jrl Sect l ''-'n 9;
ifr.ii. S 6O'02t30"8 along the East linc of said Scctlorr 9 a distancc of
132O.OO feet !o the Soutlrcast corrrer of thc Ntrrth half of thc North half
of sald Section 9;
ri"ii"-H 89o23t41';l,l along the s<.ruth lJne of che Norch half of thc Norrh
helf of said sectlon 9 a distance of 1746.09 fccc co tlrc Trtrc loint of
Beglnnlng;
thencc corrrlnulng N 89'23t4I"W ;rlong satd souLlr I lnc of tlrc ltortlr lralf
of the North half 470.57 fcct;
thenco N 00o36r l7"E I86.56 ft't't
rhence s 89'23r41"E l70.ll ft'ct
thence N 00o00'00"E 199.82 ft'ec
thenc. N 89"23'41"W 218.00 ftrct
lhcncc S 00'00'00"8 109.62 fct: c
Llrence N 89'23t4l"W 10I.18 fecc !o a l)olrrI on tlre cnster ly Iirrc of Va{1
Vallcy Flrsc Fl1tng, a platlcrl srrlrrl ivlsion 1n tlrc 'fown of v;ri1;
thence N OO'36t17"E along Chc eas[crly lina of said ValI Vallcy FirsC
Filing 114.75 feec;
thence N 64'23'43"W along rhe easrerly J"lnc of said Vail Vallcy First
Ftllng 35.16 feeC to a PoinE on thc casterly right-of-uay of Vail Valley
Dr lve ;
Chencc northwesterly along sal<l l iglrr-of -v:ry l irrc: ;t1d along thc arc of a
curve to the lef C having a cclLral rrrrg,lc of 89"31'30", a r;tdius of 75.00
feeC and vhose long chord bt:ars N 3l'09'20"W I05.63 fccr' an 3r'c dist;rrrcc
of 117.19 feet;
thence N 77'55t05"1.1 along sald rl1;hr-of -vay linc of Vall Va1ley Drlve
24.39 feeti to a polnC of curvitttrc, alsg being a polnt 9n t-hc southcrly
rlght-of -r.ray 11ne of Sunbtrrsc Dr: ivc;
thence along the southerly rlglrt -<.rf -uay I ine of sald Sunbtrrst Drlvc Clte
follouing five (5) courscs:
(l) eastcrly along the arc of a crrrvc to tlte rlglrt lravlng a ccntral nnglc
of 26'05tlIi', a radius of 404.7I fcet, an;rrc distance of 184.26 fceC,
to a poinc of tangcncy;
(2) thence N 8l'41r30"E along .raid tlrrgcrrc 877.71 fcct to a polnt of
curvature;
(3) rhence southeastcrly along tlrc arc of a ctrrvc ro the right having a
cLncral anSle of 86'03t 42", a r:rrl ius of 95.()0 f cet, fltr arc <llstancc of
I42.70 fcer to a PoJnt of tattgencY;
(4) thence S 12"14t49"8 arrd alorrg said r:ilr8crrr 281.54 [ce-! to a polnr of
curvaturei(5) thcncc sou[heastcrly along the arc of i crrrve to the lefc having a
ccnLral angle of I2'3OiIl", ; ratlirrs of 155.00 fcer' an arc distancc of
33.83 fccc;
thence N 88'07t0I"W uon-ia<l jal to tlre prcvlously describcd curvc 269'5I fceC;
lhence s 0L'52r59"!t 88.67 feet;
thcnce s 6I'52'59"ht 164.79 fect;
rhence N 90'00'00"!l 68.7I feet;
thence S 0O'00'OO"l'l I59. 73 f cec to the Trrre rolnc of Bcginning'
,. EXUIBIT B
LEGAL DESCRIPTION
RECREATION PARCEL
A prrt of thc North half of the North half of Section 9, Township5-89uth, Rrnge 80 West of the Sixth principal Meridian, Towno! vril, countv of Eagre, state of coloraob, -rnoie parti"uiiirydarcrlbcd rr f6llous:-
conrnenclng. at a point from which the Northeast corner of saidSrctlon 9 bears !59.2-1,33" E, f ASS.B0 fcct, said point beingthe Truc Polnt of Beginnirg;'thcnce N 28.07,01,,w, f33.5i feetithtncc N 3I.52,59" E, 25.40 fcet;thcnce N 58.07r01" Wr. IlI.0O feetithrnce S 3l'52r59, t{, 57.L2 fcet;tlrrnce lt 88'07' Ol." W, 9I . 2{ f eet;thrnee N 28'07'Ol" W, lIZ.12 i""t;thrncc I 51'52r59" r|, llI.OO feer,thrnce I 28'07r0I, E, LZ2.45 feet;thcnco H 89.23, a1" l,r, 2zo.oO feet,;thcnce ll 00.36r19" E, l6g.g3 fcet;thrnce ll 8l'{1r30" E, 50G.20 fce! along the South right_of_wayllnr of Sunburst Drivc;thcncr 8 22.02104. E, ZO4.7g fcet;thonco S 64.22r5I" E, 96.00 fcct;thcnce S ll.07tOl', E, 120.13 fcet;thrncc N 88.07r01" t{, 54.00 fcet;thance N 87'{7r55" W, 51.91 feet to the Truc point of Begi_nning,containing 2.289 acres, more or less.
Project Applicationt-
Prolect Name:
Date
Proiect Description:
Conlact Person and
,1,Owner. Address and Phone:
:.1 ) 'i '',
Architect. Address and Phone:
Legal Description: Lot Block Filing Zone
Commenls:
Design Review Board
Date
Motion by:
Summary:
Town Plan ner
i' li('l Q statt Approval
val!a#-{il;r! flt u
Lt:t;,ft,'Otil;CltIP'ttOli: l-O'l'
tt, Ef 3
ut,0cK l;l l. Itic
Dli.qcl{l t"l'l():.1 OF I'Ro.Jl:Cl' g-[al6 g I nr Uoo...1
Thc fol lowing infornatjon is
Board before a final approval
A. BUILNIN(; MA'IERIALS
-
Roof
Siding
Other ltlal1 lvlaterials
Fasc ia
Soffits
. . l{indows
__ ltlindow Trin
Doors
Door Trinr
Hand or Deck Rails
Flues
Flash j.ngs
Chinrneys
rcquircd for subni.ttal by tl.rc applicant to thc Dcsign l{cview
can be givcn:
TyLe of }lltclial Color
Cormon Narne Quantj ty
Trash Enclosures
Greenhous es
0ther
B. LANDSCAPING
Name of Designer:
Phone :
PLANT MATERIALS
TREES
Botanical Name )l ze
SHRUBS
GROUND
COVERS
SEED
TYPE OF
IRRIGATION
SQUARE FooTAGE
SQUARE FOOTAGEs0D
TYPE SQUARE FOOTAGE
TYPE OR METHOD
OF EROSION CONTROL
C. Other Landscape Features (retaining walls, fences, swimming poo1s, etc.) please specify.
h.a|arJE
F'
t
GT
tr3
v.
azta73
V7*qn
6Soin-sP+
a\|lvloo.so-
141
€2
=q-)
;zlTT OI
r-ii _elJr-.-ll tr-l- cy/ll rl
J- =r, 3l
E=)1, Iioil 4l
d @| 5ls
6le
Plrwl3
V, IAA
stb
g15
-L IOlo
'9lg-'lk-slF
\
i
I
, raa
ol oil
PERMIT NUMBER OF PROJECT INSPECTION REQUEST
TOWN OF VAIL,
, :. t' ,.
CALLER
READY FOR INSPECTION: MON TUES wED THUB FRI /' AM PM
LOCATION:
BUILDING:
tr FOOTINGS / STEEL
PLUiIBING:
tr UNDEBGROUND
tr ROUGH i D.W.V.
tr ROUGH/WATER
O FOUNDATION / STEEL
tr FRAMING
r-r ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING
tr INSULATION tr
tr
o
POOL / H. TUB
tr
tr
SHEETROCK NAIL
T] FINAL
ELECTRI
O FINAL
MECHANIGAL:
tr
tr
tr
o
TEMP. POWER tr HEATING
ROUGH tr EXHAUST HOODS
CONDUIT tr
tr
SUPPLY AIR
tr FINAL O FINAL
,g APPROVED
CORRECTIONS:
O DISAPPROVED tr REINSPECTION REOUIRED
DATE INSPECTOR
tffil
o:
APPLICATiON FOR
APPL ICANT SHAPIRO CONSTRUCTION CO.a Color
ADDRESS P.O. Dtawer 1448. Vail Colorado
PRoPERTY ol,|NER (int or type(--
SIGNATURE
ADDRESS
eth
P.0.
E. Shap f<i. Vlce/Presldent1448, Val1 , ColoradoDrawer
A rl
Pn t 0_Clt-n__L_1_l_L--l_s/, /r /
81658
PHONE zrZO-rZAo
PH0NE azr-rzao
PH0NE 476-1280
1658
]II - BUILD]NG P
unty, Colorado
FILING 3
DATE March lst 1984
rationA.NAME OF
MAILING
B. NAME OF APPLICANT'S REPRESENTATIVE
MAILING ADDRESS ' P.O, Drawer L448,Vai1, Colorado l6s8
C. NAME OF
OWNER'S
MA IL ING
D. L0CATION 0F PR0POSAL r vArL colFcorrRsE Tohrr{HoMES, pHAsE
LOT 1 BLOCK
1578 Golf Terrace, Val1, Eagle C
SUBDIVISION SUNBURST
E.FEE $100.00
MATERIALS TO BE SUBMITTED
l. Three (3) copies, two of which must be mylars of a sirequirements of Section l7.l 6..l30(C) j,Z-,3,4,6,7,9,9,
the Subdivision Regulatjons.
2. The condominium or townhouse plat shall also includeand cross-sections as necessary to accuratety Aetermiand/or other ownersh.ips and jf-the project wis bujltas the approved plans.
e map following the0,ll, l3 and 14 of
loor p1ans,
e individual
el evat ionsair spaces
the samesubstantial ly
G.
H.
3. A copy.of the condominiurn documents for staff review to assure that thereare maintenance provisions included for all commoniy ownea areas.
APPROVAL PROCESS, REVIEt,l CRITERIA
These can be found in chapter 17.22 of the subdivision Regulations.
td,hiilffifuf 'ff#di$*'dkfri: XF$$y"Tft fi B3iK:"T#3#ffi3'il3,3"il;'lH33i3ilo'Bf*
ll:^r9llng administrator shall be the fina'l signature required on the ptat sotnat the Department of community Development wilt oe responsible for piomptivrecording the approved plat with the Eagle countv clerr-lnJ-necoraer.r.-"'r-'J
l
.l
DATE March 1st 1984
APPLICATION FOR
l NAME OF
MAILING
APPL ICANT IRO CONSTRUCTION CO.a Colorado co rat ion
ADDRESS P.O. Drawer 1448, Vail ,Colorado 81658
B.NAMI OF
MILING
APPL ICANT 'S
ADDRESS
PHoNE 476-L280
RE PRES ENTAT I VE__qUAESq-SANgTRUcrroN co .
Drawer 1448. Va1l. Colorado 81658
PH0NE aza-rzeo
C. NAME OF
Ol^lNER 'S
MAILING
PROPERTY Ol,l|NER
SIGNATURE
ADDRESS
(print or type)
:,z' C-= .
Kenheth E. Shaplro, Vice-/resident
ION CO.
PH0NE 476-L280
8r.658
D.L0CATI0N 0F PR0P0SAL : vArL GoLFcouRSE TollHoMEs, pHAsE rv _ BUTLDTNG R
___.1739 Golf Lane, Vail, Eagle County, ColoradoL0T_BL0CK_SUBD I v is iON
- - --ouii.'oor"u'
tL iNG
-
FEE $100.00 PAID c d, -tf t:l tL s/,/r/r
F.MATERIALS TO BE SUBMITTED
1. Three (3) copie-s' two of-which rnust b9 ryrrars of a site map foirowing therequirements of Sect_ion .|7.16.130(C) 1,2",3,4-,6-,7,8,9;i6,i.1, tS and ii ;;-the Subdivision Regulations.
2' The condominium or townhouse plat shall also include floor plans, elevationsand cross-sections as necessaiy to accuratetv oetermine-inaiviauir-air-ipi.",and/or other ownerships and if the project wis built substantiaiiv irr. ,5r"-as the approved plans.
3' A copy of the condominir-rn documents for staff review to assure that thereare maintenance provisions incruded for ail commoniv ownea areas.
G.APPROVAL PROCESS, REVIEt,l CRITERIA
These can be found in chapter i7.zz of the subdivision Regulations.
t[Iryq AND REC0RDING : PLEASE RETURN rr{E DocrJMENrs ro sHAprRo coNsrRucrroN coMpANyI$dgrvrnv.To TRANSAMERICA, ArTN: MIKE DoLAN. DocuMENTs MUST BE RxcoRDED By rRANs-lne zoning adm'inistrator shal'l be the fina'l signature required on the plat sothat the Department of community Development "iit u"-reiionslure to, pi^o*ptivrecording the approved plat with the Eagle countv ci""[-5nJ Recorder.
H.
ti744
331_
:t7
?dri|.
/o
i
L"' \''
,.Jt,
\') .,
SECOND SUPPLEMENT
TO
DECLARATION AND
FOR THE VAIL GOLFCOURSE
ANNEXATTON
FOR
TOWliilOr{ES
AGREEI,IEIdT
ASSOCTATIO}I
,rw-I'lJej
.IOIIHIIETTE PHILTIPS
EAiLE OTY.
'iECONDER
t,rn 2[l l0 qq ll't 'B,l
PHASE I
THIS SECOND SUPPLEMENT TO CONDOI\{INIUI,I DECLARATIOT! ,\ND
ANNEXATION AGREEMENT ("Second Supplement") is made this 7ch day
of MARCH , L984, by SIIAPIRO CONSTRUCTION CO., a Coloracl,'
Corporation (hereinafter referred to as the "Declarant").
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Declarant executed and has caused trr be
recorded a Condominium Declaration for The Vail Golfcourse
Townhomes Association, Phase III (the "Declaration") on November 25,
1981-, in Book 332, Page 495 of the records of the Clerk and iLiccorder
of the County of Eagle, Colorado; and, a First Supplement to
Condominium Declaration and Annexation Agreement for The Vai.i
Golfcourse Townhomes Association, Phase III, in Book 350, Paqe 550
(the "First Supplement"); and
WHEREAS, in Article XXXVI of the Declaration, Declat:ant,
for itself, its successors and assigns expressly reserved the right
until December 31, 1987, to annex from time to time certain real
property to the Condominium Project, as that term is defined in the
Declaration and to subject such additional property to the terms
and provisions of the Declaration; and
WHEREAS, Declarant is the ohlner of and desires to 'ilnex
that certain real property situated in the County of Eag1e, r.itat€
of Colorado, together with all buildings and improvements loi--ated
thereon; which property is described on Exhibit "A" attache<.' hrereto
and incorporated by reference herein; and is depicted on the Second
Supplement to Condominium for The Vail Golfcourse Townhomes
Association, Phase IIf; and
WHEREAS, Declarant further desires to subject the Irr:operty
hereby annexed to the Declaration and to the additional terrrs and
conditions as hereinafter set forth.
-1-
NOW, THEREFORE, Declarant does hereby publish and cleclare
the following terms, conditions, covenants, easements, restri.r:tions,
uses, limitations and obligations shall be deemed to run witl'r the
land and shall be a burden and benefit to the Declarant, its
successors and assigns and to any person acquiring or owninq .an
interest in the real property and improvements described on
Exhibit "A", their grantees, successors, heirs, executors,
administrators, devisees or assigns:
1. Annexation of Propert)2. Pursuant- to Article X)(:{VI
of t.he Declaration, the property described in Exhibit "4" Att;iched
hereto is hereby annexed to the Condominium Project, as defint'd in
Article I-E of the Declaration, and is hereby submitted to
condominium ownership and shal1 hereafter be hel-d, sold, conv,.,yed,
encumbered, leased, rented, occupied and improved subject to the
terms and provisions of the Declaration. The Property described in
Exhibit "A" shall consist of four (4) additional and separate
Condomini-um Units as identifi-ed on Exhibit "8" attached heret,' and
incorporated herein by this reference.
2. SupPlement to Condominium Map. Pursuant to Ari.icle
XXXVI of the Declaration a Second Suppl.ement to the Condomin:'tm
l{ap depicting the location of each Unit submitted hereby, bo.:ir
horizontally and vertical-l-y, together with such other infornr.rLion
as is required by the provisions of Article II of the Declaration
shall be recorded prior to the first conveyance of any of th,.' Units
shown thereon. Such Map shall be termed "Second Supplement to
Condominium l"lap for The Vail Golfcourse Townhomes Associatior ,
Phase III". After this Second Supplement and the Second Supl:iement
to the Condominium t{ap for The Vail Golfcourse Townhomes Ass; ciation,
Phase III have been fited for record in the office of the C]lrk and
Recorder of the County of Eag1e, Colcrado, every contract, deed,
lease, mortgage, trust deed, will or other instrument may lc l;rlly
describe a Condominium Unit as follows:
CONDOMINIU},I UNIT NO. , BUILDING , ThC
Vail Golfcourse Townh6fr6E-AssociaLionl-Tfr5se Irr,
-2-
in accordance with the Declaration recorded on
November 25, 1981 in Book 332 at Page 496, as
amended and supplemented, and the Condominium
Map recorded on November 27, 19Bl in Book 332
at Page 509, as amended and supplemented, in
the office of the Clerk and Recorder of
Eagle County, Colorado.
Each such description shall be good and sufficient i-or
all purposes to sell, convey, transfer, encumber or otherwise affect
not only the Unit birt also the appurtenant limited common el.t,ttents,
appurtenant property and property rights and incorporate all- '.rf the
rights and burdens incident to the ownership of a Condominiu-' Unit
and aII the limitations thereon as described in the Declaratlr:n,
and Supplements thereto, Condominium l"lap and Supplements to l.he
Condominium Map. Each such description shal1 be construed t()
include a non-exclusive easenent for ingress and egress to airc'l
from an owner's Unit and use of all the limited common elemer:s
appurtenant to said Unit as well as all the general common el,ements.
3. Modification of Undivided fnterests. Upon the
recording in the records in the office of the Cterk and Recorr(ler
of the County of Fa.gle, State of Colorado, of this Second Sr'rpplement
and of the Second Supplement to the Condominium l'lap for The Vail
Golfcourse Townhomes Association, Phase fII sha1l be modifiecl in
accordance with Article XXXVI of the Declaration. The undivicled
interest in and to the common elements appurtenant to each llrrit
submitted to the Project under the Declaration, the First Sr.'r>r:lement
and Second Supplement is modified as set forth on Exhibit I'Ci:
attached hereto and incorporated herein by this reference.
4. Easements. Each Owner shall have the non-exclrrsive
right and easement together with all other Owners of Units at
The Vail Golfcourse Townhomes Association to use aII the ger er:al
common elementS, open Spaces, grass and landscaping areas anc' aII
other areas in the Project which are not herein specificall','
designated to the use of less than all the Owners. This eas;€nlent
shall be irrevocable and sha1l be for the purposes of ingre:':r 6nfl
egress, reereational and social use and shall apply to all cf the
-3-
,rtii,., -,!*4#:1
Property hereinbefore, hereby and hereinafter committed Lo
this Condominium Project.
5. Additional Def initj"on. A portion of the limit,'.l
common elements described on the Second Supplement to the Contlominium
Map for The Vail Golfcourse Townhomes Association, phase III, is
reserved for the joint exclusive use of only the four (4)
Owners of Buildingt"P' units and such areas are referred to ,:.s
"Building Y Joint Linited Common Elements" and so noted on s.:id
Map. Whereas, the use and benefit of these areas are restricted
to the four (4 ) unit ovrners of Building "p'. , all costs for u i:ilities ,
repairs, and maintenance and any other operating cost associ.T ted
with these areas are to be paid by these four (4) owners by r,'ry
of an additional assessment as set out below.
5. Additional Assessments. fn addition to the ol.iiqation
to pay the common expense assessments and special assessmenbs to
the Association, as provided in the Declaration, the Owner (s) of
each of those Condominium Units in Building "P" described as
Condominium Units 5t-54, inclusive, on the attached Exhibit "R"
shall be obligated to pay to the Association as additional
assessments:
(i) Al1 utility, repairs, maintenance and any oth,:r:
operating costs associated with the Bu.ildinq "P" Joint Limitod
Corrunon Elements; and
iii) Any special assessments for utilities. repair.;,
maintenance, and any other operating costs associated with Lire
Building l'Prr Joint Limited Common Elements.
The Association sha1l be obligated to pay a1I sucli
costs for the utilities, repairs and maintenance and any oti-rer
operating costs associated with the BuildingJ "P" Joint Limited
Common Elements as defined herein. The Owner of each of sai:i
units shall be liable for one-quarter (L/4) ot all costs defjned
above, irrespective of whether Declarant owns any of said un.'.ts.
All sums payable to the Association as additional assessrnen{:s
-4-
hereunder shall be levied by the Association in arrcars ancl :rlrall
be due and payable upon receipt of an i-nvoice for all costs
incurred by the Owners of said units by the Association in
connection with the Building "P" Joint Limited Common Elemeni:s.
Further, each Owner of one of said units shall be
responsible to pay to the Association as part of but in add-j t:ion
to' the monthly assessment levied by the Association, a sum equal
to such Owner I s pro rata share of contributions to a reserve fund
established_ by the Association for the purpose of replacing Lhose
portions of the Building "P" Joint Limited Common Efements rrrrich
must be renovated, repaired or replaced on a periodic basis. The
Association shall notify the Owners of said units of such a<ir.litional
amount to be hel-d as a reserve by the Association as part o{: its
notices of assessments given pursuant to the Declaration.
The additional assessments and special assessments
provided for herein shall be considered "assessments" under ,.'he
Declaration and shall be levied, collected and enforced by the
Association pursuant to Article XXII thereof.
7. General.
(a) The provisions contained in this Second Supplc:nrent
sha1l be in addition and supplemental to the provisions coni:ained
in the Declaratj.on and the First Supplement. A11 provision.: of the
Declaration, and any amendments and supplements thereto, exc()pt
those specifically modified herein, shal-1 be applicable to Lhe real
property described on Exhibit rrArr and those units set out orr
Exhibit "B" and incorporated by reference in this Second Stt;.,rlement.
If any term or provision of this Second Supplement varies from or
conflicts with any term or provision of the Declaration or I'lre First
Supplenent, the terms and provisions of this Second Supplem<,rnt shall
control.
(b) If any of the provisions of this instrument ol any
paragraph, sentence, clause, phrase or wordr or the application
thereof in any circumstances be invalidated, such invalidity- shall
I
I
-5-
not be affected thereby.
(c) The provisions of this instrument shall be in
addition and supplelentel to the condominium ovmership Act of the
State of Colorado and to al_l other provisions of Law.
(d) That whenever used herein, unless the context shall
otherrise provide, the singul.ar number shall inctude the plural,
the plural the singirlar, and the use of any gender shal-L includ,e
all genders.
IN WITNESS IIIHEREOF, Declarant has duly executed thj.s
Second Supplement to the Condominium Dcclaration for The Vail
Golfcourse Townhomes Association, Phase IIf, this 7rh day of
, 1984.
ATTEST:
g?AIE OP COIORADO
COUNIY OT EAGLE
?he foregoing
Annexation Agreernent uas
SHAPIRO CONSTRUCTION CO.,a Colorado Corporation
)) ss'
)
Second Supplement to Dectaration
acknowledged before me this 7th
and
day
q! jet:l , 198{ by Kenneth E. Shapiro as
Vlce-freel-dent @g as; Assrt.
CtfO ion.
Witness my hand and official seal.
l"ty corunission expires: l4ay lOth' 1987
e-Pres ldent
ary Pub1i
Box 3566
-6-
EXHIBIT A
TO
SECOND SUPPLEMBNT
TO
CONDOilTNIUII DECLARATION AND
FOR
THB VAIL GOLTCOURSA IOWNITOUES
I,EGAI.I DESCRIPTIOH
BUIIJDING TPT
AI{NEXATI ON AGREEI"IENT
ASSOCIATTON, PHASE rII
That part of Lot I, Sunburst Filing No. 3, a subdivision recordedin the Office of the Eagle County, Colorado Clerk and Recoriler(CLerkrs Records) , described as follows:
Beginning at the aoutheast corner of the lJarren Pulis Subdivision,a Eubdivision recorded in the Cterk's Records, said point being anangle polnt on the southerly boundary of VAIL GOLFCOURSE TOr,;NHOMES
ASSOCIATION, PHASE III, the condominium map of which is reccrr:ded inthe Clerkrs Records, thence the following six courses along saidsoutherly boundary:
(1) South 86o4Lr43x East 22.70 feet;(2', South 10 o 13 ,2 5 . We st 6 3 . 14 feet ;(3) South 01u34'10" West 47.67 feet;(l) North 85o32r00tr East 138.56 feet;(5) South 76"02r{7,' East 154.55 feet;(6) South 00000r00', West 49.73 feet to a corner
on the southerly line
of said Iot 1; thence along said southerly line North 89023'41"
9leEt 325.57 fcet; thence North 00036r4?r'East 18G.56 feet to thesoutherly line of aaid Warren Pulis Subdivision; thence alonqsaid southerly line South 89o23r4l" East 25.11 feet to the point
of beginning.
-7-
EXHIBIT B
TO
SECOND SUPPLEI\{ENT
TO
CONDOMINIUM DECLARATTON AND ANNEXATION AGREEI',IENT
FOR
THE VAIL GOLPCOURSE TOWNHOMES ASSOCIATION, PHASE III
UNIT NO. .
5I
53
54
BUILDING
Y
P
r
-B-
EXHIBIT C
TO
SECOND SUPPLEMENT
TO
CONDOI{INIUI{ DECLARATION AND
FOR
THE VAIL GOLFCOURSE TOWNHOMES
ANNEXATION AGREEMENT
ASSOCIATION, PHASE III
I'NIT NO.
27
28
29
30
31
32
33
34
35
35
37
38
39
40{l
42
51
52
s3
5d
55
56
57
58
59
60
BUILDING
H
H
H
H
IJ
T
J
APPURTENANT UNDIVIDED
INTEREST IN COM!{ON
ELEMENTS
L/26
L/26
L/26
L/26
L/26
L/26
L/25
L/26
L/25
r/26
L/26
t/26
r/26
r/26
r/26
L/26
r/26
L/26
L/26
L/26
L/26
L/26
L/26
r/26
L/26
L/26
K
K
K
K
L
L
L
L
P
P
P
P
o
o
o
a
o
0
-9-
-/
THTRD SUPPLEMENT
TO
DECLAMTION AND ANNEXATION AGREEI'IENT
FOR
TUE VAIL GOLFCOURSE TOWNHOMES ASSOCIATION, PHASE III
THIS THIRD SUPPLBIENT TO CONDOMINIIJM DECLARATION AND ANNEXATION
AGREEMEM ("Thlrd Supplement") ls nade thls 29th day of November, 1985 by
SHAPIRO CONSTRUCTION CO., a Colorado Corporation (hereinafter referred to
as the t'Declarant").
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, Declarant executed and has caused to be recorded a
Condorninium Declaratlon for The Vail Golfcourse Townhomes Associatlon, Phase III
(the frDeclarationrr) on November 25, 1981, in Book 332, Page 496 of. the records
of the Clerk and Recorder of the County of Eagle, Colorado; and, a Flrst SupPl€oent
to Condonlnium Declaration and Annexation Agreement for The Vall Golfcouree TornhoEes
Associatlon, Phase III, in Book 350, Page 650 ( Ehe "Flrst Supplement"); and, a
Second Supplement to the Condominium Declaration and Annexation Agreement for The
Vail Golfcourse Townhomes Assoclation, Phase III, in Book 381, Page 136 (the
ttSecond Supplement") ; and,
WHEREAS, in Article XXXVI of the Declaratlon, Declarant, for itself,
lts successors and assigns expressly reserved the right until December 31, 1987, to
annex from tlme Eo time certain real property to the Condorninium ProJect, as that
term is defined in the Declaration and to subject such additional property to the
terms and provisions of the Declaration; and
WHEREAS, Declarant ls the owner of and desires to annex Ehat certaln
real property situated in the County of Eagle, State of Colorado, aoi.at", nlth all
buildings and improvements located thereon; which property is described on Exhlbit "A"
attached hereto and incorporated by reference hereln; and is depicted on the Thlrd
SupplenenL to the CondomlnLum Map for the Vail Golfcourse Townhomes Associ.atlon,
Phase III; and
IfHEREAS, Declarant further desires to subject the propercy hereby annexed
to the Declaration and to the additional terms and condltions as herelnafter set forth.
NOW ' THEREFORE, Declarant does hereby publish and declare the followlng terms,
conditions, covenants, easements, restrictions, uses, limitations and obllgatlons sha1l
be deemed to run with the land and sha1l be a burden and benefit Eo the Declarant, its
Eucceseora and asslgns and to any person acquiring or ownlng an l-nEerest in lhe real
Property and improvemenEs descrlbed on Exhibit "A", their grantees, succeasors, helrs,
executors, adrninis tra tors , devlsees or assigns:
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1. Annexatlon_of Property. Pursuant to Artlcle XXXVI of the Declaretlont
the property descrlbed tn Exhiblt rrArr attached hereto ls hereby annexed to the
Condominlun ProJect, as deflned ln Artlcle I-E of the Declaration' and le hereby
Bubmltted to condomlnium ownership and shall hereafter be held, sold, conveyed,
encumbered, leased, rented, occupied and lmproved subJect to the terms and provlslons
of the Declaration. The property described ln Exhiblt "A" shall conslst of elght (8)
addltlonal and separate Condornlnium Unlts as ldentified on Exhiblt 'rBtr attached
hereto and incorporated herein by this reference.
2. Supplement to Condominium Map. Pursuant to Article XXXVI of the
Declaration, a Third Supplement to the Condominium Map depicting the locatlon of each
Unit subnlEted hereby, both horizontally and vertically, together wlth such other
informatlon as ls required by the provisions of Article I1 of the Declaratlon ehal-l
be recorded prior to the first conveyance of any of rhe Units shown Ehereon. Such
Map shal-l be termed t'Third Supplemenc to Condominium Map for The Vall Golfcoutge
Townhomes Assocl-ation, Phase III'|. After this Third Supplement and the fhlrd
Supplenent to the Condominium l(ap for The Vail Golfcourse Townhomes Assoclatlont
Phase III have been filed for record in the office of the Clerk and Recorder of the
County of Eagle, Colorado, every contract, deed, lease, mortgage' trust deed' wlll
or other ins trtrnent may legally describe a Condominium Unit as follows:
CONDOMINII]M UNIT NO. , BUILDING , The
Vail Golfcourse Townhomes Association, Phase III, in accordance
with the Declaration recorded on November 25, L98L in Book 332
at Page 496, as amended and supplemented, and the Condomlniun
Map recorded on Novernber 27r 1981 ln Book 332 at Page 509' aa
amended and supplemented, 1n the offlce of the Clerk and Recorder
of Eagle County, Colorado.
Each such description shall be good and sufficient for all purposea to
eell-, convey, transfer, encumber or othernlse affect not only the Unit but also the
appurtenant llmited c orunon elements, aPpurtenant Property and property rlghts and
incorporate all of the rights and burdens incident to the ownership of a Condomlniun
Unit and all the limltations thereon as described in the DeclaraEion, and Supplements
thereto, Condomlni.um I"lap and Supplements to the Condomlnium Map. Each euch deecrlp-
tlon shall be construed to lnclude a non-exclusive easement for ingreee and egreee
to and from an Ownerts Unlt and use of all the llmited conmon elements aPpurtenant
to said Unlt as well as all the general common elementg.
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3. Modlftcatlon of Undivlded Interests. Upon the recording ln the recorde
ln the office of the Clerk and Recorder of the County of Eagle, State of,Colorado,
of thls Thlrd Supplement and of the Third Supplement to the Condominiun Map for
The Vail Golfcourse Townhomes Association, Phase III shall be rnodlfled ln accordaoce
wlth Article XXXVI of the Declaration. The undlvided lnterest in and to the comron
elenents appurtenant to each Unit submitted to the ProJect under the Declaratlon'
the Flrst Supplemeng, the Second Supplement, and t.he Thlrd Supplement' ls nodlfled
aa set forth in Exhibit "Crr att.ached hereto and lncorporated herein by thle reference.
4, Easements. Each owner shall have the non-exclusive right and eaaeDent
together will all other Owners of Units at The Vail Golfcourse Townhomes AssoclatLon
to use all the general c ommon elenents, open spaces' grass and landscaplng areae and
all other areas In the ProJect which are not hereln specifically designated to the
use of less than all the Owners. Thi"s easement shall be irrevocable and ehall be for
the purposes of ingress and egress, recreational and social use and shall apply to
al1 of the Property herelnbefore, hereby and hereinafter commltted to thls Coodominlum
ProJ ec t .
5. Additlonal Definition. Whereas Buildlngs M and N each have one cotrIoon
bullding water meter for all four Unlts within their respective buildings; and
whereas waEer and sewer servlce charges are charged to each building as a comnon
expense to all four of its respective Units; said "connon meteringtt ls hereln deflned;
and, whereas the use and benefit of the "common meteringrr Ls restrlcted to the four (4)
Unlt Owners of each buildlng, all costs fof utilities, repairs, maintenance and any
other operatlng cosg associated with the "common meterlngtt are to be pald by the four
(4) Oruners of each building by way of an additional assessment as set out be1*.
6. Additlonal Assessments. In addition to the obligatlon to Pay the
common expense assessments and special assessments to the Associatioo, as provlded 1n
the Declaration, the Ormer(s) of each of those Condominlum Units in Buildlnge M and N
described as Condominlum Unlts 43 - 46, inclusLve, and CondomLnlum Unlts 47 - 50r in-
clusive, shall be obligated to pay to the Assoclatlon as addltional aesessments:
(1) A11 utllity, repairs, malntenance and any other operating costa
associated wlth ltcommon meterlng"; and
(11) Any special asseasmenta for uclllties, repairs, maLntenance, and any
other operatlng costs assoclated rtit.h the "comnon meteringtt.
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The Assoclation sha1l be obllgated to pay all such costs for the ut111tle8'
repalrs and malntenance and any other operatlng costs associated wlth the ttcotmon
meterlngrt as deflned herein. The Orsner of each of sald Unlts sha1l be llable for
one-quarter (;-l4) ot. all costs assoclated wlth his four Untt buildtng deflned above '
irrespectlve of whether Declarant owns any of said Units. A11 sume payable to the
Associatlon a9 additional assessments hereunder sha1l be levled by the Aseoclatlon
in arrears and shal1 be due and payable upon receipt of an involce for all costs
lncurred .by the Oqrner s of said Units by the Assoclatl-on in conneetion rtlth the
trcomrnon meterlngtt of each respectlve building.
Further, each ftrner of one of said Unlts shall- be responslble to pay to
the Assoclatlon as part of but ln addltlon to, the monthly assesament levled by the
Assoclatlon, a sum equal to such Or,mer I s pro rata share of contributions to a reserve
fund establlshed by the Associatlon for the purpose of replaclng those portlons of
the "cornnon meteringl which must be renovated, repaired or replaced on a periodlc
basls. The Associatlon shall notify the Ormers of said Units of such addltlonal
amount to be held as a reserve by the Association as part of its notlces of assess-
nents given pursuant to the Declaration.
The addlclonal assessments and special assessments provided for hereln
shal1 be considered "assessments" under the Declaration and sha1l be levied, coll-ected
and enforced by the Assocj-atj.on pursuant to Article XXII thereof.
7. GeneraL.
(a) The provisions contained in this Third Supplement shall be in additlon
and supplemental to the provisions contained ln the Declaration and the First and
Second Supplement. A11 provlslons of the Declaration, and any amendmenta and eupple-
nents thereto, except those speclfically nodified hereln, shall be appllcable to the
real property descrlbed on Exhlbit "A" and those Units set out on Exhlblt rrBrr and
incorporated by reference ln this Third Supplenent. If any term or provlelon of thls
Thlrd Suppl-ement varles from or conflicts \rlth any tenn or provi.slon of the Decleratlon
or the Flrst or second Supplement, the terms and provlslons of thls Thlrd suppJ'eoent
shall control.
(b) If any of the provlsions of this ins trument or any paragraph, sentence'
clause, phtase or word, or the application thereof in any circumstancee be invalldated '
euch invalldlty sha1l noc be affected thereby.
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t'
'i,,,lhrrc III, thlsifilr
' li:i
ii; ,
to
(d) That whenever used herein, unleee the context ahall othcrtLlc
provlde, tfre alngular nunber ghall lnclude the p]-ural, the plural' thG rhtulrrt
"t'aod the use of any I,ender shall lnclude all gendere.
IN I{ITNESS IIBEREOF, Declarant has duly executed thle Ttrlrd Supplcnot
. to the Condminlun Declaratlon for The Vell Golfcourge Tonnhonea Aseoeletloa,
(c) Ttre provialons of
eupplenenta.l to the Condonlnlun
all othcr provielone of law.
thls lnstrument shall be tn edditloo rod
Onnerahlp Act of the gtate of Colorado e*
19E5.
SHAPTRO CoNSTRUCTTON CO.,
a Colorado Corporatlon
By:
lts:
sg.
I
day of
ATTESTs
STATE OF COLORADO
COUNTY OF EAGLE
)
)
)
The foregolng
acknowledged before
Thlrd Supplenent
ne this
to Declaration and Annexatlon Agrccnt
, ltf5day of
lfltners ny hand end offlclal acel .
My comlselon explrea :
Notary Publlc
I
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AI{NHuTION AGREEI{ENT
ASSOCIATI,ON, PHASE III
.i. li
,l
the offlcc
dcccrlbed
EXHIBIT A
TO
TTIIRD SUPPLn{ENT
TO
CollDot{lNIUM DECLARATION AND
FOR
TEB VAIL GOLFCOURSE TOIINHOI.{ES
LEGAL DESCRI,PTION
UTILDLI'IGS M & N
ttret part of Lot I,
of the Eagl-e County
aa f ol-lowg :
Sunburst Flllng No.
Colorado, Clerk and
3, a subdlvision recorded ln
Recorder (Clerkra Records),
.,., lcgtnntng at a polnt on the southerly line of Warren Pul1s SuHlviaion, I rub-' dtvlslon recorded ln the Clerkre Recorde, uhence the southeaat corner of rald
Ifarren Putts Subdtvlsion beare S 89'23t41t'B 25.11 feet distant; thences OOt36r47'' l{ 186.56 feet to the southerly line of sald Lot L; thencc thc
followLng three couraea along the boundary of satd Lot.l: (1) N 89 23t41" U
145.00 fiet; (2) N 00'36147" B 186.56 ieer; (3) S 89'23141" E 145.00 feet
to the polnt of beglnnlng, contaLnLng 27 1050 square feet or 0.621 acrea,
nore or lege.
i
i'
1T:
I
,tli,i
I
EXHIBIT B
TO
THIPO SUPPLEMENT
TO
CONDOMINII,]M DECLARATION AND ANNEXATION AGREEMENT
FOR
THE VAIL GOLFCOURSE TOWNHOMES ASSOCIATION, PHASE III
UNIT NO.BUILDING
43
44
45
46
48
/,o
(n
M
M
M
M
N
N
N
N
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-filts
ii
UNIT NO.
27
28'29
30
31
32
33
34
35
36
37
38
,39,.'; 40
't4l-42
43
44
45
46
47
48
49
50
5r
52
53
54
FOR
tun vnn colFcouRsE Totrmtol'rps AssocrArroN,
BUILDING
ETI|IBIT C
TO
TIIIRD SUPPLEilENT
TO
COIIDO{INIIJU DECLARATION AND ANNEXATION AGREEI'IEM
I
,t
rl,
ll
PrAsE rrr I I
i
i
AFPURTENAI{TUI|DIVIDP .I
INTBREST Iil COO(il
ELESIENTS
Ll34
Ll34
Ll34
Ll34
rl34
Ll34
Ll34
Ll34
Ll34
Ll34
rl34
rl34
Ll34
Ll34
Ll34
LI34
Ll34
Ll34
Ll34
Ll34
Ll34
Ll34
rl34
Ll34
Ll34
Ll34
Ll34
Ll34
Ll34
Ll34
Ll34
Ll34
LI34
Ll34
tt
tt
H
H
J
J
J
J
K
K
K
K
L
L
L
L
M
u
M
M
N
N
N
N
P
P
P
P
a
a
a
a
a
a
55
56
57
58
59
60
-8-
I
4'
.