HomeMy WebLinkAboutLIONS RIDGE FILING 1 BLOCK C LOT C11 VAIL RUN GENERAL PART 2 LEGALt.
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REC0RDED 0CT0BER 21, 1975
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PAGE 535
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AMENDED
DECLARATION OF PROTECIIVE. COVENAIITS
. Al'lD
TIT.!E- SHARING AGREEMENT
FOR
VAIT RUN RESORT COMMUNITY
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TABLE OF CONTENTS
Definitions
GeneraL Purpose
Mann€r of subjecting
.!.4anner of Conveying
condominium Units to this Agreement
Appointment of ettorney-in-Fact
vail Run Resort Comrunity Association, Inc.
Furniture and fulnishings
Remodeling and, Repairs
Damage or Destruction . . f
Termination -):' . .
Quality of l,Iolk
Amendnen! or Revocatlon
Personal Property
Removal of Pelsonal Effects
Registration of l4ailing Address
Pets . .
Nuisances
Waiver of
Genelal
Rights to Partition
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Permitteal Uses . . 6
F€ilure to Vacate 7
Uanaging Agent
Penalties
Insutance
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AMENDED
DECLARATIOTJ OF PROTECTIVE COVENAI'ITS
. AND
TIME- SHARING AGMEI'IENT
FOR
VAIL RUN RESORT COI4MUNITY
COLOITADO INVESTMENT SIRVICES, INC., a Colorado corPora-
tion (Grantor), is the owner of condominiun lnits at VaiL Run
Resolt Colununity created undler a condominium Declaration alateal
.Dec€srber 75, 1975. and recorded ir Bool< 243 at Page 674 ahd
amended by an Anended Conilouriniunr Dec1alatlon For vail Run
Resort comnunity dlateal _, 1976, and recorded in
Book _ at ?age _ of the real propelty record.s of Eagle
County, Colorado, and a Condominium ltap and an A$enale(l
Condominium Map, plepared by Armfield, Backl-und, Samp1e -
Land. surveyors, and ."eoraef, ln Book 243 !t rage 675 anal
Book _ at Page _, re'6pective1y, of the real property
records of Eagle County, Colorado.
Grantor rnay ln the futule seIl fee siruple undivided
interests in some or all of the leeidential condominium
units, as defined in the above-mentioned Condominium Declarations,
at Vail Run Resort Comnunity to purchasers who, by accepting
a deed thereto in the forn tneeting the requirenents herei.nafter
described, aglee to acquire such undivided intelests as a
tenant in common subject to the provisions of this Declaration
of Protectlve covenants ard rime-Sharing Agreemenl (this
Agreement).
cranto! hereby rnakes and declares the follolring lirnitations,
restrictigns and uses upon those lesidential condoninium units
which become subjeet to this Agfeenent, as lestrictive and
prota"at',t" covenants runni-ng with such residential condominiUlr
rllijs, and binding upon each owner, his heirs. personal
representa tives , guccessors and assigns so long as this
Agreernent shal-l remain in effect. This Agreemenr shall not.
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however, have any appf j.ca Lion-L9_3.'lala_9!!gl_rgs1ag$jgl__St
cs$mCEgtal ggdominim unit in Vai ity
inclusion in the Deed of the statem€nt set forth in Parag.aph
to this Agreement if all periods of use are o?rned by one
owner of such unit.
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L, Definitigns. As used in this AgreemenL un]"ess
expressly provided, ihe follouing l.rords and terms shall have
the following meanings :
(a) IProject" means the Vail Run Resolt C@unity as
heretofore described.
(b) r'Condominiurn Uni.t" neans a TSO residelrtial
condominiur unit at the lroject as defined in the Declalation,
hereinabove described, which is subjecteal to tine shane Feriods
of Use and Maintenance Pe:igds pursuant to this Agreeuent
together aith furnishings,, furniture, filitures, appliances,
eguipmeni and improvements thelein contained which are not
personally ordned, by other Owners of such condominiur unit.
(c) "Owner" means any individual, corporation, part-
nership, association, trust or other legal entity or ccubination
of legal- entititles !'rhich is a record owner of a fee simple
undivicled interest as a tenant in common in a Condomi-aium Unit.
(d) "Deed" means a deed from the crantor oE an Owner
conveying a fee simple undivided interest as a tenant ia cornrnon
in a Conalominium Unit to a grantee or grantees named tlr.erein
trhich deed shall contain, atnong other legal requirements, the
6tatenent proviiled in Paraglaph 3 of this Agreement.
(e) "Original Owner" means the grantee or grantees
naned in the Deed, from the Grantor conveying a Condominium Unit.
' (f) "subseguent Owner" neans any Owner other than the
Original O'rner or the Granlor.
(g) "Period of Use" means the period or periods of time
specified in Exhibit A attached hereto and made a parr hereof by
which is not
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this reference as though set forth herein
which are descr.ibed in a Deed conveying to
period of time during which t.he Owner and
the €xclusive use of a Condorniniun Unit.
(h) "Period of occupancy" neans
comrnencing 4300 p.rn. o'cLock on the first
verbatim (Exhibit !.)
the Onrner tha t
his Guests shall have
that period of time
day of the Period of
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Use and terminating at 12:00 p.m. orclock (noon) on the last day
of the Period of Use in which the Ovher and his cuests shall
have the exclusj.ve right to occupy his Cond,ominj.un Unit.
(i) "Maintenance Period" means those period.s of
tine specified in Exhibit A as Maintenance Periods which
is conveyed to the Association by the Granto! during which
period the !'Ianagement Agent or the Association sha11 service,
cJ.ean, repair, naintain and refulbish all conalominium units,
(j) "Period" means either one or more Perioal(s) of
Use or Maintenance Period ( s'}. as specif ied in rxhibi! A:s
Period of Use or Maintenance Periodl and as defined, above,
(k) "Association" means the Colorado not-for-profit
corporation beallng the name of Vail Run Resort Community
Association, Inc-, which shall be governed by the Declaration,
Articles of Incorpolation and the bylaws thereof, this
Agreement and other condominium docutnents as defined in the
Declaration, the menbers of which sha1l be the unit owners
of the comnercial units and resid.ential units as defined bv
the Declaration.
(f) "Relative Va1ue" rneans the numerical val,ue s€t
forth in Sxhibit A for a period of Use for each Condomini.um Unit
subject to this Agreemen!.
(m) "Total Relative value" means the suJn of all
Relative Values for a Condominj.um Unit subject to this Agreement.
(n) "Original Deed" means the Deed from the Grantor
to the Original. Owner.
{o) r'Majority ii Interest" means a sinple majority
of those votes allocated to a Condominium Unit, Each Condominium
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Unit subject to TSO shal.I be allocated one voLe whiclr shall.
be all.ocated to each Owner a percentage equal to his fractional
undivided interest. A simPle najority of the percenlage of votes
cast shali be the vote of that condominium unit subject to TSo
and shall then be counted as provicled for in Pa:agraph 1l of the
Declaration,
(p) "A1locab1e Share" means a fraction the
numerator of which is the Rel-ative Value assigned to a
Perioil of Use for a Condorniniurn Uni-t and the denoninator of
whlch is the Total Relative value assigned to ai-l Periods of
Use for such Condominium Unit.
(S) "Guests" means any person or pelsons using a
Condominium unit durj.ng a Period of Use with the consent of
the appropriate Owner which person or persons shall Lnclude
but not be limited to fanily niernbers, relatives, invitees,
tenants and boarders of such Owne!.
(r) "Fir6t Lienor" means a hoLder of a promissory
note, pa!.ment of erhi.ch is d6cured by a recorded first mortgage
or first deed of trust encumbering an intelest in a Condominium
Unit. "Mortgage" sha1l include a deed of trust and "mortgagee"
shall include the beneficialy of a deeil of trusi..
(s) "Declaration" means the Arnended Condominiun
Dec]-aration dated , !976. recordeC in Book
at Page _ of the real property records of Eagle Countyr
Colorado, and all- recorded supplemental condominium Declarations
arld Amended condoniniun Declarations for the Project but not
incl-uding the original Condominium Declaration dated December
15, 1975, recorcled in Book 243 at Page 674 and the Declaration
of Protectj"ve Covenants ancl Time-Sharing Agree..rent For vail
Run Resort corrununity dlated Decenber 18, 1975, recorded in
Book 243 at Page 748 of t.he real ploperty records of Ea91e
County, colorado, and this Agleement..
(t) oCondominiurn !4ap" neans the Amended Condominium
Map prepa!€d by Arrnfield, Aacklund, Sample - I,and Surveyors
recorded in Book
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of the real property
records of Eagle County, Cololado, and al] recorded Supplemental
Conclominiurn Maps and Amended Condominium Maps for the Project.
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(u) 'Grantor' tneans Colorado Investnent Service,
Inc-, a colorado corporation, and aLl of ics successors and
ass igns.
(&r) "Malagenent Agent" means tbe }lanagemen! Firm
to which the Association has delegated its management Powers
pursuant to the terr0s of the Declarationr the l'lanagement Firm
as selected by the Owner pursuant to the terms of this Agree-
ment or the Association until the Association has deLegated
its management porlers.
2. GeneraL Pulpase. By this Agreement, th€ Grantor
intends to establish a conmon scheme and plan for the use, ..
occupancy, enjoyment, upkeep, servLcj.ng, cleaning, repair,
maintenancel restolatlon, remod,eling and improvernent of the
Condominium Units conveyed or reserved and for the payment of
taxes, assessrnents and, other expenses pertaining thereto and
deelares that each condonitiiun Unit is and shall be held,
conveyed, hlq)othecateil,-en-cumb€red, leased, rented, used,,
occupied and improved, subject to the foli.owing lirnitations,
restrictions, covenants and conditions, all of nhich are
aleclared to be in the fultherance of a plan established for
the purpose of enhancing antl perfecting the value, desira.bility
and enjolmrent of the conClominium Units and the interests so
to be conveyed or reserved. Al-1 such linitations, restricti.ons.
covenants and conditions are intended to run rdith the land,
to-wit, the interests so conveyed to inure to the benefit of
and be binding upon each interest so conveyed or reserved
and all parties having or acquiring any right, title, interest
or estate therei"n,
3. }lanner of subjecting Condominium Units To This
Lgleement. In order to subject. a Condonrinium Unit to the
provisions of this Agreement, a Grantor rnust execute and
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heletofore recorded in the real property records of Eagle county,
Color.ado. Each Owner sha1l conply vrith all zoning ordinanccs,
the provisions. of the DecLaration, this Agreer.lent, ancl all
otber applicable protective covenants and any aneRdmenLs Ehereto.
(b] Each Owner sball keep his condoninium Unit in as
good order and condition as when he acquired his interes!
therein, loss by fire, act of God, or ordinary lrear and tear
excepteal. No Owner shall make or authorize any alterations,
addilions or irnprovements to his Condominiurn Unit or its
f,urniture, furnishings, fixtures, appliances antl equlpment
except pursuant to Faraglaph 13 of this Agreenent.
(c) Any Or.rner rnay lease, rent or loan his Condominium
Unit for the purposes pernj.tted by this Agreement iluring his
Period of Oser but each.Ourner shal1 be responsible for any
loss, da:nage o! destruction which occurs during any period
lrthen the Condoninium Unit is so leased., rented or loaned by
hlm as if such Owner $tas qdcupying the Condominiun Unit hiraself.
6. Failure to VEi_cate. If any Owner fails to vacate a
Cond,ominium Unit at the tenflination of his Period of Use, or
otherwise uses o! occupies a Condorninium Unit during a ?eriod.
of Use assigned to another Owne!, or prevents another Orrner
from using or occupying a Condominium. Unlt during such other
O,vtner I s Period of Ose, the using, occupying or preventing
Owner (the Defaulting Owner) (a) shall be subject to irunediate
removal, eviction or ejection from the Condorni.nium Unit
wrongfully occupied; (b) shalL be deemed to have waivedl any
notices requireil by law witb respect to any legal proceedlngs
regarding the removal, eviction or ejection of such Oerner
(to the extent that such notices may be waived. under Col.orado
law); (c) shall pay to the Owner entitled to use the Condominium
Unit during such wrongful. occupancy, as liquidated, damages
for the wrongful use of the Condominiun Unit, a sum equal to
200 percent of the fair rental value per day for the Condominium
Unit. wrongfully occupied as determj.ned by the llanaging Agent,
in its sole discretj.on, for each day o! portj.on thereof,
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including the day of surrender, during which the DefauLting
Ot'ner rarrongfully occupies the gnit; and (d) shal1 reir,rburse the
owner entitled to use the Condominium Unit during such wrongful
occupancy for all costs and expenses, including but noi limibed
to court costs and leasonable attorneys' fees, ilcurred in
connection l.rilh removing, evicting or ejecting the Defaulting
Owner from such Condominium Unit. In the eveni a vacating Owner
shal1, by his negligence, conunit some act which shall render the
Condominiurn Unit uninhabitable by the Owner with the next
Period of Use (the next Owner), then tbe provisi-ons of (c)
and (d) above shall apply and the vacating Owner sha1l be
Liable to the next Ovrner in the same manner. as if the
vacating Owner had refused to vacate. For purposes of this
Palagraph 6, the act of a Guest shal1 be deemed to be the act
of the Ovrner perinitting the Guest to occupy the Cond.ominiurn unit.
.7. Managing Agent
(a) The Associi tsi.on shal1 be the Managing Agent or
may. delegate its nanagenrent porrers to a llanageBent Firm for
the Owners of the Condominium Units until the r0anagement of
the Condominiurn Units is terminated by the Majolity in Interest
of the Owners of all Condominium Units or until such €arlier date
as the Board of Directors of the Association elect to resign
by not less than 90 days notice to each of the Owners at their
last registered add,ress rr'ith the A6sociation. In the event
the Association ceases to be the Managing Agen:, the Hajority
in Interest of the Oi./ners shall vrj,thin 60 atays after receipt of
notice from the Association's election to resign or at the time
the majority j.n interest of the Owners vote to terminate the
Association as the Managing Agent, shall appoinE a nerr lf,anaging
Agent which shall be a real estate broker rrith offices in Eagle
County, Colorado anal which shall record its assumption of the
Management Agent's lesponsibj.li ties to nanage the Condominium
Units for the Owner ln the real property recolds in Eagle County,
colorado.
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(b) Taxes. The intetest of each Ov/ner in a
- Condominium Unit shall. to the extent al-lovted by Colorado lavr'
be assessed for his allocabte shafe of the real estate taxcs by
the County Ass€ssor of gagle Couniy ' Colorado' b!]t in the event
the gaid County Assessor refuses to individually assess each
Or''net, the assessment for each Condominium Unit shalL be sent
to the Managing Agent which shall assess each owner thereof his
Allocable share of the sald taxes. PromPtly after conveying an
interest to an original Ownef, Grantor shal1 give !'rl-tten notice
to the assessor of Eagle County. Colorado that the interest of
such origlnal Otner should be separately assessed and taxed,
Each Owner shalI Pay all real property taxes and assessments
Prior to the atate that ehey become ilue to either the l'lanaging
Agent or the said county Assessor, whichever is aPplicabLe-
(c) Account. The Managing Agent shall establish
Pronptly at the beginning Ff each calendar year the amount of
; funds which it believes*.are reasonably required to meet
anticiPated expend,itures as a reserve for each Condominiun Unit.
At the cLosing upon which each Original ovrner shall pay to
Grantor (who shall pay over to the Association or to the
!{anaging Agent tf, the Association so determines). an amount
equaL to the otiginal ownerr€ Al"Locable shale of the reserve
establisheal by the Managing Agent for the Condoniniurn Unit
being purchased. fhe Managing Agent shall establlsh a seParate
account or accounts (the Account), in a state or federal financial
institutlon in whiclr it sball deposi! all aKounts collected
pulsuant to this Patagraph 7 (c) and a}l" othe! amounts colLecteal
in connection trith its duties as Managing Agent of the condo-
minium units, but no other funds. It shall heep accurate
books and recotds reflecting the amount in such Account
attributable to each Otrner and to each Condomini.un Unit at
all limes. Funds deposiLed in the Account may be used by the
I,tanaging Agent only for the condominium unit with respect to
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which such funds have been accumulated and only for the
ing purposes:
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(i) to pay expenses whieh could properly
billed to an Or,her under Paragraph 7(e) (iv); and (ii) eo
reaL property taxes and assessments not paid by an Owner
reguired by laragraph 7 (b) .
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pay
The t4anaging Agent shall have the authorily to drast
checks or drafts on the Account until such authority is revoked
by vrritten notice of a rnaJority of the owners to the financial
institution of the Account and to the l"lanag ing Agent that the
Managing Agent has been replaceil pursuant to Paragraph 7 (a) .
The Managing Agent may ningfle in the Account funds received from
a1I Otrnerst however. the l,lanag lng Agent shall maintain at aI1
times accurate books and records reflecting the amount in the
Account pertaining to each Condoninium Unit and to each Olrner
tiereof -
' From the funals received and cleposited in the Account,
the Managing Agent shall f,ause to be disbursed regularly and
punctually sums due and'layable for all operating expenses
authorized to be incurred under the terms of, this Agreemen!,
including the l4anaging Agentrs conrnission.
If the Account pertainidg to any Condominium unit
is depl-eted, or if in the leasonable judgment of the Managing
Agent, additional funds are requileal in any such Account, the
Managing Agent shall pronptLy bill each Ovrner of auch Condominium
unit for such Or^rner I s Allocab1e Share of the funds necessary
to bring the Account to the desired amount. Each Owne!
shaLl pay any statenent pertaining to the Account lrithin ten
days after receipt of such statement.
the Uanaging Agent sha1l collecE from the O!,rne!s
all amounts payable by the Owners under this Agreement. The
Hanaging Agent may {a) r€quest, denand, collect, receive and
receipt for all such amounts, and (b) take such action (in
its own name ot in the name of other Owner ox Ot,rners of a
Condoninium Unit) as may in its reasonable judgmenc be
required to collect. such amounts, including but noE limited
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to legal action and the foreclosuxe of any lien granted by
this Agreemen E.
Upon'conveying his interest in a Condominiurn Unit,
the conveying O\^her's Allocab1e Share of the anount then in
the Account pert.aining to hls Condoi,rinium Unit shatl autonaticalLy
be held for the benefit of such Owner's grantee, to b€ applied
as set forth in this ?aragraph 7.
(d) Upon request of any O$'ner, Pirst lienor, prospective
norlgagee, purchase! or other prospective tlansferee of aD
interest in a Condominium UnJ.t, the Managing Agen! shal-l issue
. a written statement setting forth the amount in the esctow
account (andl othe! accounts) pertaining to such interest. and
any anounts unpaial lrith respect to Such interest. Such state-
ment, for rrhich a reasonable fee has been chalged, sba be
binding upoh the Managing Agent in favor of any person !d:o has
relied thereon in good faith and has in fact been damaged
thereby. Unless a requesttfor such statement shall be cornplied
vrith eithin 15 days after-receipi thereof. all unpaia amounts
vthich became alue prlor to the date of making such request
shall be subordinated to the lien or otler interest of the
person reguesting such Statement..
(e) The Managing Agent shall render services and
perform duties as follor.rs:
(i) coordinate the plans of owners for rnoving
their personal effect.s lnto and out of the Condominiw Unit,
with a view tortard scheduling such movenent so tha! tb€re
shal.l be a rninimum of lnconvenience to other Oliners.
(ii) Maintain businesslike letaLions uith
Ovrners srhose service reguests shall be received, considered
and record,ed in systematic fashion ln order to show ttle
action taken wi-th respecL to each request.
(iii) cause each Condominium unit to be mai.n-
tained in a first class manner and condition.
(iv) BiII each Owner for the espenses of the
Condominj-um Unit which shal] be assessed on the followinq
bas is :
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(a) Each of the foJ,lowing expenses sha1l
be as'sessed to- an or.rner based upon his A1locab1e Share:
(1) Direct charge as :nay be deLerminedby the Managing Agent or the Association pursuant ro
Paragraph 15 of the Declaration.
(2) Al1 expenses charged to the
Condoniniun Unit by the l4anagj-ng Agent pursuant to
Paragraphs 6, 7, 12, 13 and 15 of the Declaration
which it determines shall be assessed to an Owner
based upon allocable shares.
A! the option of the Managing Agent, eaah Ovrner's
shale of expenses may be estimated and bills rnay be rend,ered
on the basis of Euch estimates. Such estimates nay include
anounts for real property taxes and assessments, in which
case the provisions of Paragraph 7 (b) shall apply only to
the extent announts for such taxes and a$sessments are un-
collected as of 60 days prior to the date such taxes and,
assessments becone delinquent.
(v) l.take cErtracts 'nrith respect to each Con-
clomj"nir:rn Unit for waler, .-electricity, gas, fuel, oil, tele-
phone, sewage and. other necessary services which are not
provided by the Association. The I'lanaging Agent shal1
secure for lhe benefj.t of the Or.rners of each Condominiun
Unit any discounts, commissj.ons or rebates obtainable in
connection with such contracts .
(vi) Maintain a conprehensive system of office
records, books and accounts in accordance hrith standard
accounting procedures, which lecords sha11 be subject to
examination by each Olrner or his authorized agent at aLl
reasonable business hours at the office of the !4anaging Agent.
The Managing Agent shaLl render to each Ovrner not less fre-
quently than annual.ly, a statement of receipts anal alisburse-
ments and a scheduLe of accounts receivable and payable (in-
cluding anounts receivable from any Owne.r ) as of the end of
the annual perioal, and pertaining to the Condominiun Unit
in which such Owner olrns an interest.
(vii) Make and. enforce such reasonable rules
and regul-ations as may from time to time be necessary or
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convenient to carry out the intention of this Agreement-
Notice of such lules and regulations and all amen&nents
thereto shal1 be given to the Owners at least ten clays Prior
to their effect.ive daLe.
{viii) ta}'e such aetion (including Legal action)
as may in its reasonable judgment be necessary or advisable to
remove from a Condoniniunr Unit any Person rrongfully occupying
such condoniniun Unit, Any such 1e9a1 action rnay be taken j.n
its own nane or in the name of the Owner then entitled to use
and. occupy such condominlurn unit.
(ix) Take such action (in its own nane or in the
name of the Ovrner or the Owners of a Condominiun Unit), including
but not lirnited to legal action ot suit in eguity to enforce
any protective covenant contained herein.
(x) Plovide for cleaning and maid. services and
maintenance and repairs upon the departure of each occuPant of
a condominium Unit so thatjuch condominiun Unit is in good
older and repai! anal leaaly for occupancy by tbe next occuPant.
(f) The r,hna;ing Agent shall have the right foE the
fLrst 4 hours of each owner's Period of Use and during' the days
specifieil on Exhibit A as Maj-ntenance Periods and at any othe!
reasonable time then a Condominir]n Unit is not occupied, to
enter a Conilominium Unit for the purPose of cleaning, Eaid
service, painting, maintenance and repair. fhe Managiag Agent
may keep a master key to a1t of the Condominium Units to
facil-itate such entry.
(S) In full Payment of the services to be provided
by the Managing Agent under this egreement, other than the
charges set out in this Paragraph 7, the uanaging AgeIrt shall
be entitled to a reasonable fee for each Perj'od of Use per year
which fee shall be negotiated by the Association or the owner
wherever applicable, payable in installments at the end of
each billing period d.uring which the Managing AgenL Provided'
services hereunder. The management fee may be changecl by the
Managing Agent on not less than six months prior writEen notice
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to the Association or to Owners rvhichever is applicable. During
the sLx monlh period after any such notice of change in rilanagement
fee, Lhe Association a Majority in Interest of the Owners of the
condoninium Unj.ts, arhichever is applicable, may terminate the
Managj-ng aqent'i responsibil i ties vith respect to thej.r
Unit, as set forth in Paragraph 7 (a) .
(h) All personnel of tbe Managing Agent (anal any
successors) who receive or disbulse funds hereunder shall be
bondetl.
(1) The services of the trlanaging Agent shall
terminate automaticall-y if (i) a petition in bankruptcy Ls
filed against the !4anaginE Agent and is not dismissed after 30
days, or (il) the Managing Agent files a petition Ln bankruptcy.
or conuni ts an act of bankruptcy or is adjudicated a banklupt
o! otherwise becomes insolvent, In the event. of terminatlon
under this Paragraph 7(i).;rthe Association, if Glantor stiLl
acting as the Board of'_Di-rectors thereof; othenriee, the
Owners shall promptly select by vote of a plurality of the
Total Relaiive Values of all Or,rners attending, in person or
by proxy, at a meeting calleal on not Less than ten (10) alays'
written notice, a corunittee of not less than three Ol"7nels
(the connittee) who sha11 select and engage a new Managing
Agent. Until selection of a new llanaging Agent, the Association
or the Cornmittee, whichever is applicable, shall act as llanaging
Agent and shall have control of the Account and the escrow
account and shall be entitled to use sueh funals to pay operating
expenses, taxes and assessments of the Condominium Units.
In the event of (L) ot (ii) above, .t"lanaging Agent
shall i:nmediately turn over to the Association or the Corutrittee,
whichever is applicable, all assets belonging to the s.rners,
incluiling but not limited to all funds of every kinal whatsoever
held by the l{anaging Agent, under this Agreenent.
8. Penalties.
(a) Each Owner shall pay when due all amounts required
to t)€ paid by him under this Agreernent. fhe ltanaging Agent m-ly
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bring 1"egal action or take other reasonable actions to eollect
any amouncs from tlre owner liable for payment Lhereof. with or'
without foreclosing or waiving the lien described in the foltowing
paragraph.
(b) All amounts due under this Agreenent lrhich
are unpaid shall constitute a lien on the interest j-n the
Condominium Unit of the Owner failinq to pay such amount and
shal1 run in favor of all of the other Owners of such
Condoninium Unit and be prior to all other liens aad encum-
btances except: (i) liens for taxeg and special assessments.
and (ii) the lien of any recolded, first mortgage or first d.eed
of trust of record. encunbering the Or.mer's interest in the
Condominium Unit- The lien shall attach froft the date r,rhen the.
unpaid amount shal1 become due and. may be foreclosed by the
Managing Agent in like manner as a mortgage on leal property
uPon the recording of a noglce or claim thereof executed by
the Managing Agent setting .forth -the amount of the unpaid
indebted.ness, anal the name of th€ alefaulting oh'ner erho shal1
be reguired to pay the costs and expenses of such proceed.ings,
including the reasonabLe attorneysr fees and coult costs.
During the period of foreclosure, the Owner h'ho is in default
shall not be entitLed to use or rent his Condominium Unit during
his Period of, Use. The Managing Agent sha1l be entitlecl to
rent such Condominium Unit during the defaulting Ownerts
Period of Use and to set off any amounts received. against the
amount due from the defaulting Owner. Any Owner or the Grantor
shall be enlitleal to purchaae the interest in the Condoniniun
Unit at the foreclosure sal-e, and to acquire, hold, lease,
mortgage and convey the saJoe.
(c) No Ovrne! shall exempt hirnself fron liability
for payment of amounEs payable under this Agreenent either by
waiver of the use or enjo!.nent of his Condo$iniun Unit, by
abandonment of his Condominium Unit, or otherwise.
(d) The Managing Agent may co1lec! interest at the
rate of one and one-ha1f percent per mont.h, if then permitted
EG
by larv, otherwise at the highest rate then pernitted blt law,
gn any amount due from an Owner which j.s not paj.d when duc
under this Agreement. In aaldition, each Owner shall reirnburse
.the ltanaging Agent for al1 costs and expenses reasonabJ.y itrcurred
by the Iqanaging Agent in collecting any deliquent amounts,
including court costs and reasonable attolneys' fees, from
such owner.
9 . Ir-lsgrance.
(a) .The Managi-ng Agent or the Association sha1l, on
behalf of the owners of each Condominiun Units
(i.) provide and keep in folce for the prohection
of the o!.rners of each condotflinium Unit, and all First lienors,
general public liability and property damage insurance against
clairs for bodily injury or death or property danage occurring
in or on such condominium Unit, in limits and not Less than
$250,000 in respect of bodily injury or death to any one person,
anal not less than $1,000,tr00 for bodily injury or aleath to any
nuober of persons arisin<j out of one accident or disaster, and
in Limits of not less than $10,000 for darnage to proPerty,
and if higher lilrits sha11 at any time be cuslomary in the
Eagle County, Colorado area' to protect aqainst possible tolL
Liabil.ity, such higher lirnits shall be carriedr and
(ii) insure aLl furniture, furnishings and,
other pelsonal property originally supplied or installeal in
each Cond.ominium Unit and replacements thereof, against loss
or damage by fire, vrith extended coverage (including insurance
agal-nst loss or alamage by theft, vandalism or malicious
mischief), in approxirnately the amount of the maximum replace-
ment value thereof determined in accordance with ParagraPh
9 (c), less reasonable deductibLes.
(b) All insurance reguiled to be carried under this
Paragraph 9 sha1l be carried in favor of the llanaging r\gent, the
owners from tine to Eime of the condominium Unj.t covered by the
insurance, and all Firs! Lienors of such Condomini.um Units, as
their respective interests may appear.Each policy of insurance
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shall contain a standard mortgagee clause in favor of each First
tienor of the Condorniniun Unit which shall provi.de that the
loss, if any. theleunder sha1l be Payable to such First Lienor,
as its interest may appear, subject. however, to t.he loss
payment provisions j.n favor of the Managing Agent hereinafter
set forth. A11 polj-cies of insurance againsl danage to any
personal property shal1 provide that losses sha1l. be payable
to and adjusted with the Managing Agent, as attorney- in- facl
for the owners. The Managing Agent sha11 hold and apply the
proceeds of such insurance as set forth in tbi.s Agieement.
Each insu.rance policy shalJ- provide that no cancellation
thereof nay be maile by the insurance calrier without traving
given 30 d,ays I prior written notlce thereof, to the Managing
Agent and all First Lienors. Each lnsurance po!-icy shall also
ptovid.e that in case of vLolation of any provision thereof by
one or more (but less than all) of the owners, the coverage
of such policy shall le srfrenaed or invalidated only as to
the interest of the Orn-ur ot Ownirs conmitting the violation
and not as to the interes.! of other Owners. A11 pol-icies of
physical damage insurance shall contain waivers of subrogation
and of any defense based on co-insurance.
(c) The maximurn replacement value of the pelsonal
ploperty in each Condorninium Unit and reithout deduction for
depreciation, shall be determinea by the Managing Agent
prior to obtaining any poLicy of fire insurance or any
lenevral thereof.
L0. Appointment of Attorney-in-fact. Each Or,rner by his
acceptance of the Deed or other conveyance vesting in him an
interest in a Cond.ominiunr Unit does theleby irrevocably constitute
anal appoint the Managing Agen! acting flom time to time, nith
fuIJ. power of substitution, as his true and larvful attorney in
his name, place and slead (a) to deal nith the interest of
such Owner upon damage to or destructj.on of an1' personal
property in his Condominium Unit, and {b) to enter j"nEo all
agreements lrhich the llanaging ^gent is authorized to enter into
C:
I Pursuant
Agent in
snar -L be
nis take.
11
to the terms
settling any
binding upon
of this Agreemen!. The action of the l4anaginq
cfaim for damage to any persOnal property
each Owner i-n the absence of fraud or clear
(a) The Association is a colorado not-for-profit
corporatj.on established to administer certain matters with
respect to the project. After the requirement set forth in
Paragraph 28(b) of the Declaration, each Owner is a member
of the Association and is entitled to participate in its
affairs in the manner set forth in the Articles oi Incorporation
and. byLaws of the Association and the Declaration- This
Agreenent does not alter, limit or otherwise affect. the
obligations of any Owner under any of those instruments, but
sfralL estabListr additional rights and obl.i.qations among
Ol.rners of a Condominium Unit.
(b) Without ]iglring rhe generality of the foregoinq,
each Owner shall- be eT_*Ied to vote at any meering of members
of the Association the number of votes to which he is entitled
under Paragraph 1(o) of thj.s Agreement, Article V(c) of the
Associationrs ArticLes of Incorporation and paragraph 11 of the
Declaration and to other applicable provisions of the cond.ominium
documents as defined in the Declaration for this project.
L2. f@. Each Condonrinium Unit
shall be provlded wi.th basic furniture and furnj-shings. A
listing of the specific items provided to a particula! Unit
shall be conveyed by Grantor to each Origi.nal Owner of the
Condominium Unit at the closing upon whictr the Original O,lner
acquires an interest j.n the Condominiurn Unit. Such lLsting
shal1 be consid.ered to be incorporated into this Agreement, as
if fully described and attached hereto, but no arnend.ment to
this Agreement need be recorded. The Managing Agent shall be
responsible for keeping each Condominiurn Unit equipped in
accordance with the listing conveyed to each Original Otrner
of the Unit, and shall be auLhorized to replace or repair
-. 18 -
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. any f uhiture or f !.lrnishings which are missing, which
become unusable or uhich become so worn as to requile replacements,
in the reasonable judgment of the Managing Agent. Except in
cases where any such furniture or furnishi.ngs nust be replacecl,
in the reasonable j uilgrnent of the Managing AgeJrt- .ExcepC
in cases where any such furniture or furnishings must be
repJ.aced due to the negligence or intentional. act of any Ovrner
or his Guest (which shall be determined by the Managing Agent
in its reasonabS-e judgment), the expenses of replacing any
such furniture or furnishings sha1l be an expense of the
Condominiun Unit assessed to each Owner pulsuant to paragraph
7(e) (tv) and shall. dletermine whether there are any items of
furniture or f,urnishings which need to be replaced or repaired
and, if so, whether such replacement or repair is the respon-
sibility of the Oerner during whose period of Use such replace-
ment became necessary. The l.tanaging Agent shal1 notify any
Ovrner promptly if he is tle charged. for any ltems of furnigure
or furnishings ?rhich need to be replaced. If the expense of
replacing any such furniture or furnishings is to be aLlocated
anong all o! the Owners, the Managing Agent shall report that
fact to alL of the ovrners in his next regular report required
under Palagraph 7. The Managing Agent may use the escrow
account established und,er Paragraph 7 to pay for the replacenent
or repair of any futnitule or furnishings und.er lhis ?araglaph L2.
13. Remodeling anil Repairs.
(a) No CondominiuJ$ Unit, furniture or furnlshings
shall" be altered, remodeleil or renovated unless such aLteration,
remodeling or renovation sha1l be approved in writing as
provided 5.n Paragraph 10(al) (2) of the Decl-aration. Any
such approval shall identify the alteration, remodeling or
renovation to be done i.n reasonable detail and. shall esta-
bllsh a budget thelefor. A1I such alceralion, remodeling
or renovation shall be conducted by the Managing Agent lrhich
shaLl be entiEled to a special fee of l0 percent of the cost
thereof. Such cost shalt be an expense of the Cond.orninium
b
e
'Unit and each ovrner shall pay his share thereof assessed
pursuant to Paragraph ?(el (iv) of this Agreemeat,
- (b) . A11 repairs to a condominium Unit required. in
order to maintain the Condominium Unit in the ti'anner required
by this Paragraph shal1 be made by the ltalaging AgenE- No
Owner shall make such repairs.
(c) No ohher sha11 cause any materj.al to be furnished.
to his condominiurr Unit or any labor to be performod therein
or theleon except in the manner set forth in this Paragraph 13
Sections (a) and (b) above, Each oltne! shal1 indennify and
holat the other owners of his Conilomlniunr unit harnless against
any 1oss, darnage or claim arising out of his breach of the.
provisj.ons of this Paragraph 13(c), including but not lisited
to the costs of removing any unauthorj.zed improvements and
repairing and restoring the Condominiun unit to substantialLy
its condition prior to such alteration, remodeling, renovation
or repair- t
' 14. Danage or Deaglugtion..
(a) In caae of damage or destruction to any of the
personal property in a condominium Unit, the Managing Agent
shall col-lect the insurance proceeds payable on account of
such danage or destruction (as agent-in-fact for the Owners)
and, unless the Project is not to be rebuilt or repaired under
the Declaration, shall apply the proceeds of, insurance to
replace or repaj.r the dlamaged or destroyed personal properly.
If any excess fuids are required in older to replace or repair
such personaL property, sqch excess 5ha1l be an expense of
the owners in whose Condominiun Unit the danage or destruction
occurred, and sha11 be bil.led to the Oltners of that CondominiurR
Unit assessed pursuant to Paragraph 7 (e) (iv) of this
Agreement. If the insurance proceeds exceed the cost of
repair or replacement, such excess shall be pLaced in the
Account for the benefit of the ovrners o! the condomi.nium
Unit in which such daFage or destruction occurred.
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' 15. Termination.
(al This Agreement and the covenants contained herein
shall continue'in full force and effect with respecc to each
Condominium Unit until twenty-one years after the deaLh of
the last surgivor of the no!, living ilescendants of the late
former United States Senator from New York, Robert F. (ennedy,
or until such Condominiun Unit ceases to be subject to the
Declaratj.on for the project, whi.chever first occurs. Irr
adldition, the provisions of this Paragraph 15 sha11 continue
in full force and eff,ect for so long after such terrnination
date as is requi.red to satisfy the provisions of this
Paragraph 15.
(b) If a Conalgniniun Unlt ceases to be subject to
this AgreeRent o! the Declaration, or othenfise, the Managing
Agent shall be entitled to receive, as attorney-in-f,act,
for the Or,rners of aLl Condominium Units which are no longer
subject to this Agreement di to the Declaration, alL sums
payable to such Owners J.rnder tbis egreement or to the Declara-
tion or otirerwise. Such Sums shall be collected by the
Managj.ng Agent and divided among such oh'ners and paid into
separate accounts, one for each Owne! of an undivided. fee
sinple interest in a Condominium Unit. The f,unds in each
account (without contribution from one account to another)
shalL be applied by the Managing Agent for the follo$ing
purposes in the o!de! indicated: (i) for payment of the
balance of any lien of, any nortgage or deed of trust on the
interest of the Owner; (ii) fo! pa)'ment of taxes and special
assessrnent liens in favor of, any assessing entity ltith tespect
to the interest of the ownerr (iii) for paynent of unpaid
coflrmon expenses attributable to the interest of, the Owner;
(iv) for palrment of junior liens and encumbrances in the order
and to the extent of thei-.r priority with respect to the
interest of, the Owner; and (v) the balance remaining, if any,
shalL be paid to the Owner. The provisions of this Paragraph
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15. ?erminati.on.
(a) This Agreement and the covenants contained herein
shall continue in fu1l force and effect with respect to each
Condominium Unit until twenty-one years afLer the death of
the l-ast, survivor of the nora' living descendants of the late
former United States Senator from Nen Yoxk, Robert F. Kennedy,
or until such Condoninium Unit ceases to be subjecL to the
Declaration for the proJect, uhichever first occurs. In
aaldition, the provisions of this Paragrapb 15 shall continue
in full" force and effect for so long after such termination
date as is required. to satisfy the provisions of this
Paragraph 15.
(bl If a condominilxn Unit ceases to be subject to
this Agleement or the Declaration, or othervrise, the !4anaging
Agent. shall be entitled to receive, as attorney-in-fact.
for the owners of all Condominiujo Units which are no longer
subject to tliis Agreenent dr to the Declaration, a1l sums
payable to such Owners JRd.er this Agreement or to the Declara-
tion or otherwise. Such Suns shal1 be collected by the
llanaging Agent and divided anong such O'rners and paid into
separate accounts, one for each Owner of an undivided iee
siruple inlerest in a Condoninium unit. The f,unds in each
account (without contribution from one acsount to another)
shall be applied by the l,tanaging Agent for the folLohting
Purposes in the order indicated: (i) for pa)tmer t of the
balance of any lien of any mortgage or deeil of trust on the
interest of the owner; (ii) fot pa)'ment of taxes and special
assessment liens in favor of any assessing entity lrj.th respecb
to the interest of the Owner; (iii) for payment of unpaid
comnon expenses attributable to the intelest of the Olrnert
(ivl for palment of juni.or liens and encunbrances in the order
and to the e*tent of their pliority with respeci to the
j.nterest of the Or"ner i and (v) the balance remaining, if any,
shall be paid to the owne!. The provisi.ons of this Paragraph
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15. ?ermination.
(a) This Agreenent and the covenants conLained herein
shall continue'in full f,orce and effect with respecc to each
Condominium Unit until L$reney-one yeaxs afler the deaLh of
the last survivor of the now living descendants of the Late
former United States Senator from Nerl York, Robert F. Kennedy,
or until such Condominium Unit ceases to be subject to the
Declaration for the project, vrhichever first occurs. In
addition, the provisions of this Paragraph 15 shall continue
in fu11 force and effect for so long after such termination
date a6 is requiredl to satisfy the provisions of this
Paragraph 15.
If a Condominiun Unit ceases to be subject to(b)
this Agreenent or the Declaration, or otherwise, the ltanagingr
Agent shaIl. be entitled to rec€ive, as attorney-in-fact,
lor the Owners of a1l. Condominium Units 'dhish are no longer
subject to this Agreenent d to the Declaration, all sujos
payable to such Owners $der this Agreement or to the Declara-
tion or otherqrise. Such Suns shall be collected by the
l4anaging Agent andl divided among such Owners and paid into
separate accounts, one for each Owner of an undividea iee
sitnple interest in a Condominiurn Unit. The funds in each
accounL (without contribution from one accouDt to another)
shall be applied by the Managing Agent for the foIlo',ring
purposes ln the order indicated: (i) for paynent of the
balance of any lien of any mortgage or deed of trust. on the
intelest of, the owner; (ii! for palment of taxes and. special
as6essment liens in favor of any assessing entity with respect
to the intelest of the Owner i (iii) f,or Falrment of unpaid
conmon expenses attributable to the intelest of the Owner;
(iv) for payment of junior liens anil encunbrances in the order
and to the extent of their prj.ority vrith respect to the
interest of the Owner i anil (v) the balance remaining, i-f any,
shali. be paid to the orrn€r. The provisions of this Paragraph
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15 shall not be construed as limiting in any vray the right. of
a lirst Lienor (in case the proceeds allocatecl under (i) shall
be insufficient to pay the indebtedness secured by his lien)
to assert and enforce the personal liabilj.ty for such Ceficiency
of the person or persons responsible for payment of such
indebtedness.
16. Quality of work. Any repairs, alterations, remo<lel-
ing or renovation of a Condominium Unit by the Managing Agent
as attorney-in-fact for the Offners of such Condomj.niujn Unit
shall be done in such manner as to make the Cond.omini.um Unit
in at least as gooat conclition after such srork as j-t was
inrnediately before the occurrence requiring the lrork to be
done.
L7, Anendment or Revocation.This Agreement may be
anend.ed or revoked: (a) by Granto! at any titne and shall
beconre effective upon the record.ing of such anendment; provid.ed,
however, that any such amqddment shalL be effective only as to
Cond,ominium Units to whiqb no Original Deed has been recorded
at the time of such amend.nents and shall not apply to
Condominium Units to which an Original Deed has been recorded.;
and (b) upon the written approval, in recordable forrn, of a
Majority in Interest of the Ovrners of each Condominiurn Unit.
18. Personal Property. Upon receiving a deed to a
Condominium Unit, each Or.rner shall automatically acquire an
undivided interest in all fuiniture and furnishings then
located in his Condominium Unit and used for the operation
thereof, and in the Account and escrow account, in the sane
amount as such Ownerrs undivialed interest in the Cond.oninium
Unit, A transfe! of an interest in a Condominiun Unit shall
transfer to the grantee orrnership of the transfero!'s
undivided interest in such personal property without any
reference thereto, Each Owner may use such property only in
accordance vrith the purpose for which it is intended and,
with respect to the furniture and furnishings, only during
his period of Use without hindering or encroaching upon the
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lar.rfu1 righEs of the other owners. The transfer of Eitle to
an interest in a Condominium Unit under foteclosure shall
entitle the purchaser to the undivicied interest in such
personal property associated l.''ith the foreclosed interest.
19. Renoval of Personal Effects. At the end of his
Period of Occupancy, each owner and his Guests shall remove
from his Condomj.nium Unit al1 clothing, Iuggage and personal
effects brought into the Condoniniun Unit. The Managing Agent
sha1l not be 1iab1e in any manner whatsoever for any personal
effects left in a Condominium Unit by an Owner or his Guests.
All clothing, Iuggage and personal effects remaining in any
Condominium Unit at the end of a Period of occupancy shall -
be considered to have been abandoneal and nay be disposed of by
the Managing Agent in the manner as it in its sole d.iscretion
determines, without tiability to the owner so abandoning such
personal effects.
20. Registration ofabiling Address. Each owner shall
(and any First Lienor rBay ) register his mailing addless anal
the rnailing address of any First Lienor from tir,re to time
with Lhe Managing Agent, and except for periodic statements
and othe! routine notices, all other notices or demands intended
to be selved upon an O\,rner shal.l be sent by either registereal
or certified mail, postage prepaid, addressed in the name of
the olrner at such registered maiLing address. AI1 notices,
demands or other notices intended to be served upon the
Managing Agent shall be sent certifieil mail, postage prepaid,
to the address of the Managing Agent at the follor,'ing ad.dress,
or as ctranged by notice given to each o!.rner in the manner set
forth above:
Drawer EvaiL, Colorado 815 57
2I. Pets. No aninals or pets of any kind shall be
kept in any condominium Unit or on the condominiun property €xcept
with the writEen consent of and subject to the Rules and Regr,rla-
tions adopted by the lrlanagement Agent for the keeping of said
h-- ?3 -
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pets as 19ng as the Management Agreement remains in effect,
othe!!,rise by the Association. However. in the event the
danaging Agent gives its vrritten consenE to an Owner, the or,rner
is responsible for any damage done to the Condominium unit
and to the furniture and furnishings by any such pet- The
Managing Agent shall hav€ the xesponsibility of inspecting
the Condominiun Unit at the end of each Period of Use specific-
alLy for the purpose of determining any damage done by any
such pet and shaIl have the authority, in its sole discretion,
to aletermine the extent of any such darnage and to inunediately
bill the Owner for such suns as wilL be adequate to lestore
the Condominium Unit anil the furniture anil furnishings to
its condition prior to the beginning of that particular Period
of Use. Danage to the Cond.ominium unit and to the furniture
and furnishings by a pet slal1 not be classified as ordinary
?tear and tear. The Ow:e:s of any pets hereby agree to pay
promptly any such damages as sha1l be determined by the
t4anaging Agent and such Owner shall be responsible for any
such d.amages done by pets brought into the Condominiun Unit
by any of his Guests.
22. Nuisance- No noxious or offensive activity shall
be calried on wi.thi.n any Condoninium Unit, nor shal"l anything
be done or permitted. which shalL constitute a public nuisance
therein, nor shall any firearms be discharged lrithin any
Condoninium Uni t.
23. waiver of Right to Parlition. Each Onner agrees to
waive and hereby waives for the duration of the effective
period of this Agreemenl as stated in Paragraph 15 (a) , any
and all rights vrhich he rnay nov have or which hereafter may
be given to the Owner by the laws of the State of Colorado
to cause a partition of his Condominium Unit among the various
owners thereof.
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24. General.
(a) Each ot^tner by accepting conveyaice of a deed
to a Condominiurn Unit subject to tbe provision of this Agreement
agrees that the covenants and other provisions hereof are
reasonable in scope and effect, and are essenEiaL to tbe forEl
of ownership in which such Condominiun Unj"ts is held.
(b) ff any of the provisj.ons of this Agreemene or
any paragraph. . sentence, clause, phlase o! word, or the
application thereof, in any circumstances be invalidated,
such invalidity shal1 not affect the valj.atity of the remainder
of this Agreement, and the application of any such provislon,
paragraph, sentence, clause, phrase or word in anl' other
circumstances shal1 not be affect€d thereby.
(c) The provisions of this Agreement shal1 be
governed by the laws of the Stsate of Colorado.
(at) whenever used herein, unless the context shall
othendise provide, the sinFllar number shall include the
plural, the plural the -si-ngular, - and the use of any gend.er
shal1 include all genders.
(e) In the event of any conflict between the
TSO pxovisions of the Declaration anal this Agreement, this
Agreement shalL control.
IN WITNESS WHEREOF, Grantor'has duly executed. this Agree-
nenr this -/-&auv or (n-Cb4stl , rs76.
coLoRADO IWEST!4ENT SERVTCES , INC.a Colorado corporation
b
Attect:
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STATE OF COI,ORADO
city and county of Denver
The foregoing funended Declaration of Protective covenants
and^ Time-Sharinq Agreement was acknowledged beiore me thisend, l']me-5narr"nq Agreement was acKnow-Leqgeq .oelere rlle tnls?l't day "f C?+n-a:'r-l , L976, by uil:.ian:?.=.i?hnsqi!4_ qaY oL -( ti<)L4-ltlrv ' La.o ' !Y \.lll:Larn u. .iahnso:.
iE president aiT :Otara "t. t-lBes . as Secreiary of Colorado
rnvestment ServiceE,--tiE. , a colorado corPoration.
. WITNESS rny hand and official seal.
t
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EXCIAIT A
Attrched to and !.de a part of the Declatatlon of Protectivc
Covanuit3 anal The-sharlng Agreenent for vall Rurr neaort Co@unity
iII PERTODS SIIA!.L BE FOR A O$E TiEEX DUNA1IOII EXCEPT FoR PERIOD OF
USE 52 AS STATED BEI,I{. AIJ, PERIODS SHALL COIII'ENCE AT l2:0O P.l{.
'OICIOCK I!'OOI|) ON tUE FIRST DAY OP EACH PERIOD AIID SHALj, TERIIINATE
Al 12:00 P.ll. OrcLocK (!iooN) oN TllE LAST DAY oF EACII PERroD.
PENIOD DESIGNATION-TEEidf--JEIiFenance Relativeo! u3e Period Duration of Periog value
:ru$'fi":"j3".:Hfi":?$':i' 3-o
the nexc felloring Saturday.
2 CoEcncing each year on the 3.5
- Salurday uFon thich lericd of. Usc I enda and terainating the- Dext lolloring Saturday.3 9ffiffi"3;i'ln'i:i',3l,il'", 3'3
Use 2 ends and teroinating the
nert follo$ing Saturday.
4 cctEnencing each year on the .t.t
saturGlay qpon which Peliod of
Use 3 ends and terEilrating the
n€*t foilouing Sarurday.
5 comren:ing each Lerr <;n th(. 3.5
Saturday upon sl;lch Period of
Use ,l ends and lerlinatisg Lhe
next to I loi,i!|g. saEuE.iay-
6 Comencing €ach year on the 3.5
saturday upon r*hich Period of
Use 5 ends and terroinating the
next follosing saturday.
7 Corrc.ending each year on the 3.1
satgrday upon r"'h,i.ch Period of
Us€ 6 €nds nnd terEinaling rhe
-^*! t^l I ^L'r.^ ctirrr.l:{t
8 Connending each year on ghe 1,5salurday upon L'hich Period of
use 7 ends and rerninaring the
next follosing saBurd4','.
9 - Co|'!:',erd i n? cach year oi the 3. -r
Saturd',y upon thiqh Fori.od ot
Use I e::ds and tcnninating thcne*t folloring satuldai.
l0 Connencing eacn yea! or tne ..t
sa.,urda:i upon r"hich Poriqg o6
Usc,9 ends and tcrarinatrnq thc
^av, (.,t t^Ein? S' t,Jrdnl,.
1l Con'lqncinq ctqh vcdr <rr. tlis i.i5at'rrddy ul,on rhjch Pcr!<d o:
Use l0 cndt and tsrninr'r!r..j '. h.-.next fol loui.ng s,r r urd.t.
)
:6
27
t8
2t
3o
Creol.ot .aaD yar8 oa tlaSrtu.n y up6 utlcb P.alod olU|. 25.rdr .!d t trt!attngttr nsnt loUortlt Srtud.y
CcDcl$g arc! ycaf on tb.Srturdry upoo ublcb E€tlod otU|! 26 cndr .rd t lnatt$tha ncrt tollorttq Sltuldatr
Con|rchg c.ch y€rr o|r !h.Stturdly upon rhtch P€rl.od ofUrc 2? .nd3 .nd t.nin tlngth. nGrt follorlog Srturd.y
CG$clnq ..!-!r yea! on theS.lurday upoo e.hlcb P€alod ofUr. e8 Gadr rnc tcrElDAtingtb. nGrt follorlng Saturday
C@nchg Ga,ch yaaf otr thcS.turday upon yhich Perlod ofg.G 29 and. anal tarlrinAtlngih. nart lollowlng Srturdly
CoDnclng cach year on thet turdly aFon Yhlctr PGrlod ofUac 30 .!d. and tar8lnatingth. na:t follorlng Saturdly
comatrclng €ach year gn tb6Satqrd.y upoa yhlch Pcllod ofO.. !l .rd! rnd ta lnrtl.ngtha nart tolloslng S.tutdry
Crenclng elch ycrr on th€6.turday upon shl.ch Period ofUr€ 32 cndr lnd tct[lnrttr|gth. ncrt follorlng Saturd.y
C@aclng G.ch yarr on th.Saturd.y r{!on yhlcht€rlod ofg3o 33 ond. rnd tcr.rin tlngth€ aaxt folloving S.turdri'
Co@lctng €acb Year on theSatuldqf ugon thlch P€rlod ofU.€ 3{ €ndr .nd tc||llnatlngthr next folloYing S.turday
CuEtr€lng €ach ycar on thesrturdry upon uhlch Porl.od of
Use 35 eDdr .Dd t6r'ritratingth€ ne*t follortng Saturday
Co@cnc1ng each year on theSrturdry upon rhl.ch Period of
Uae 36 €nda rnd teminatingtho next folloring Saturd.y
Ccncing €ach year ort Lhe
Saturday upon $hlch perlod of
Ua€ 3? €nds lnd tarrinatlngtho nrrt loll*lng Erturdly
Corulencing ench year on thelaturd!:, upon vhleh perlod of
Uae 3A end! rnd tcrnlnatinEth|, ncxt folloring Saturday
1.5
t.5
1.5
1.5
t- 5
1.5
1.5
1.5
1.5
1,5
1.5
1.0
1.0
3{
35
35
t7
t9
' ' 'i
::
I .1<t(l{
1. -. .,, l.r:
.l
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I RECORDED OCTOEER 21'
B00K 249
PAGE 533 effi
197 6
AI'{ENDED
CONDOMINIUM DECLARATION
FOR
VAIL Rt]N RESORT COMMUNITY
u I
i
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TABIE Ol. CONAENTS
RECITALS
Page
't
?
DECI,ARATlONS:
nefinitions
Division of
condominium
Residlentlal
commercial
Easements
Real
Map
Property Into Es tates 5
Administration and Manageftent
Comrnon Eldments? Encroachftents
General Corunon Elements 10
10
1t
Irimiteal common Elements
Linited conEnon Elements 11
II
Corunon Expenses and
Maintenance t.ee f,or
Maintenance and Alterations
Voting -
Maintenance Peliods
Conmon surpLus . '.JUnits Coruni tted to fSO . -
tf u"" in Tso Resialential units. .
Assessments
Insurance Provi.sions
Appointment of Attorney- in-Fact
Obsolescense
Condemnation
Quality of work '.. - - r.
Amendnent or Termination . . ,
Personal Property for Comnon Use . .
Registration by owrer o
Duration of condominiun
Architectural ControL
f Mailing Address
owne!shiP
Management Agreemeni
General Reserva tions
Mi-scellaneous . . .
l.tt
Its
23
30
30
32
32
34
34
34
Jb
Use and Occupancy 21
E::C
A-t'lENDtrD
(:01'il,{\i'l i tl IUU DEqLARATION
FOR
VAIL RUN RESORT COMIIUNITY
RECITALS
, SLOCO PROPERTIES, a partnership. $ras nane(i the Declarant in ,cne orrgr.nat Condominium Declaration for Vail pun Resort Conjnunity,recorded in the records of-the County of Eagle, state of Coloradol',
conveyed by stoco pnopERTIEs nhich adjoins the p.remi.s"i "ni ,r,r.and Dectarant- hereby expressly re="r.ri= ti.," iigt l i;; -;ui;;"l-ifi.
3l?_?-rltlg ..?a 1 property as described in Exhibic B which il attaehed,
December 15, 1975 in Book 243 ar taga ez+. on December fi, fSii,'sLoco pRopERTrEs conveyed-by warraniy Deed, record"a .t"""uiv-i, -'
1976 in Beok 243 at ra-ge 9si in the i""oiJ! or trre c"""lv oi -'
Eagle, state of Colorado, certain roit irop"rrT situare in-ln.
99I"tV of Eagle, Stare o! Colorado to COr,oiaoo rNVESTi.lEliT SERVTCES,rNc-, a colorado corporation which real properiy i= a"i"ri[.J-"J--'the Pr.emises and as ihe naaitionar ;;;;.;;t-i" the oxiginat .Dec_laration for vair Run Resort cornrnuni ty. coLoRADo rllvrsiMsNtSERVICES, INC., the Declarant hereund.er, is now the ovner of thesaid reaL_ property part of which is described in Exhibit A .---
attached hereto and incorporated herein by this reference asthough set forth herein-verbatim h'hich ,e-rl property as d.escri.beilin Exhibit A is hereinafter referred to as tire i'pre;ises,,. - ----
Declarant. presently ovrns the remaj.nder of the real property so
cqJ(.,rnrng-rear property as described in Exhibic B which is attacnereto and- rncorporated herein by this reference as though setforth herein verbarim ary|which laioining real property -i; ;;;"_inafter referred to as ";dditj.onal -propeity,,, vhich AdaitionatProperty shal1 be subrj e-ct to this cond6niniurn declaration bvrecordJ-ng a Suppletnental Declaration or Declarations and aSupplemental Map or Maps in. the Ea91e County, Colorad,o records$trthrn.tive (5) years of the initial record,ing of this tutendedCondominium Declaration for Vail Run Resort C6nnrunity.
Declalant amends the said original Condominium Declarationfor.Vail Run Resort, Community and estabtishes a condominiumproject under the Condominirln or.rnership Act of coforaeo i!i,eAct) , Sections 38-31-101, et. seq., Coiorado Revised Staiutes.1973, and amends the character, duration. righis, olligations'and limitations of the originatry estabr.ishei condorninium "ir""r-ship. Construction of a building on the premises is noru cornpieteaand shaLl consj.st of separately designated coniominiun ,"il;-;;---shown on the Anendeil Condomi.nium Map-which shail be,ecoraua i:nthe records of the County oE Eagle, state of coloraa" ""a iofriciishall also show the Localion of said building upon the premiseswhich is hereby subject to this Declaration.
The original Condominiunr Declaration establ;shed and thisAmended Condominium Declaration for Vail Run Resort Co**""ily-amend,s the plan for the ovrnership of real property esbates con_sisting of (i) o!.'nef ship as tenants in conriron- of i.rnaividea ----j.nterests in certain residentj,al units in the buil"ding, aiherej.nafter defined, (ii) ownership in fee simple of "!riii"residential units in the building,- (iii) or fel sirnple ownershipof-units designated as comrnercial units, as hereina? t., -;;;i;;;'
and (iv) the co-ownership by individual and separace or.rnersthereof, as tenants in com.rnon, of all Lhe remaining propuriyupon the Irremises, hereinafter defined as conmon eiernenis - -
II
DECLARATION
DeclaranL does hercby publish, declare and anrend the follo!,r_ing terms, covenanls, condi.tions, easemcnLs. rc.s tr j cCio;s, -;;;;;
-:
ea
resdrv.ltions, lirflitations and obligaCions which shall be deemed
to- run with the landr and shall be a burden and a benefj.t to'Declarant, its successors and assigns and any person or entity
,acquiri"ng or owning an interest in the real property vrhich isor becomes subject to this Declalation and improvements built.thereon, their grantees, successors, heirs, executors, adminis-brators, devisees or assigns..
1.Definitions. As used in this Declarabion,unless othenrise-EpiEEEf-y provided :
(a) "Residential Unit" means one ind.ividual.air space vrhlch is contained within the perimeter walls, floors,ceilings, wind.ows and doors of each residentj.al unit as shownon the Condominium Map, together with all fixtures and improve-rnents therein contained but not including any of the structural
components of the bullding, if any, Iocated within the unit.
. (b) "Cornmercial Unit" means one individual airspace which is contained wj-thin the perimeter Hal1s, floors,ceillngs, windows and doors of each conmelcial unit as shownon the Condornin i un Uap, tog,ether yith alt fixlures and improve-nents therein contained but not inclucting any of the stluctural
components of the building, if any, located within the unit.
(c) "Residential Cond,ominj.un Unit,' means aresidential unit together with an urdivided interest in thegeneral conmon eLements and the resid.ential limited conuoon
elerRents appurtenant tl'ereto.
(d) "Cornmercial Condominir:n Unit" means acomnrercial unit together with an undivided interest in thegeneral conmon elenents and the co$rnercial Linited corurtonelements appurtenant thelegF
(e) " Condorniniurn Unit" as hereinafter usedshall collectively refef't'o residential condoninium units and
cormrercia I condominium units.
(f) "Residential Unit Owner" means anyindividual, corporation, partnership, association, trust orother legal entity, or combination of legal enti-ties whichis the record omer o! a fee simp)-e interest in a residential
condominium unit or the recold owner of a time sharingownership interest i.n a TSo residential unit.
individual,other legalthe record
condominiutll
used shal1
commercial
(S) "Corurerclal Unlt Owner" neans anycorporation, partnership, association, trust orentj.ty, or co rbination of legal- ent.ities which isowner of a fee sinple interest in a commercialunit.
(h) "Unit onnels" or "Oerners" as hereinaft€rcollectively refer to residential unit or,rners and,unit owners.
(i) rrceneral CorNnon Flenentq" r'eanq the real
Properr-y bginq the, PrffiiEE?-E e s;'- i hed.iFo.,e. the foundiLions,colians, girders, beams, supports, maj.n vra11s, roofs, halIs,corridors, Iobbies, stairs, atairwaffi#scapes. entrances
and exits of such building; the basement, yard,s, gardens,parking aleas and storage spaces, installations for centralservices such as office, power; ligh1, gas, hot and coldvlater, heating, refrigeration, central air conditioning, and
e-
incine!'atingt the elevaEors, tanks, pumps, motors, fans,
.co-irp{essors, ducts, and, in general all apparatus anal installa-tions existj-ng for cornmon usei such conmunity faciLities as. miY be provided for in the Declaratj.onr and all other partsof the property necessary or convenient to its existence,maintenance, and safety, or normally in common use, as are
shown s1 the Condominium Map, subjeat to lhe non-exclusiwe
easemen t over and across a1l general comrnon elemenEs ashereinafte! granted in paragraph 9 below.
(j) "!xclusive Resittential Limiteil coruronElenents" means that port.ion of the connnon eLements which isreserved for the exclusive use of residenti-aI unit owner or
owners of such residentiat uni.t. These exclusive residentialIimited cornmon eternents so reselved shall be identified. onthe Condominiun Mapr provided, however, that any court, patio,
balcony or aleck which is accessLble from, associated rrith andwhich acljoi.ns a residential unit and any other exclusiveresidenlial limited comrnon elemen! so identified on the
Conilominium Map shall lrithout further reference theleto. be
used in connection with such residential unit to the exclusionof the use thereof by all other unit owners, except by invitation.
. (k) "Non-Exclusive Residential Limited con&on
El-ernents" means that portion of the common elements, irtrichis reserved for the non-exclusive use of all of the resideatialunits ortners krho shall have a non-exclusive tight in cornaonwith all of the other residential unit owners to the use ofhallways, corridors, stalrways, entrance ways, siderralks,pathways, driveways and str€ets located within this condominiumploject as shown on the Condominiun l4ap.
(I) 'Residential Limited comlnon Elements" asherej.nafter used, shall colLrctively refer to the exclusiveresidential. Iinited common -elernents and tbe non-excLusiveresidential conunon elehents and are appu!tenant to residentialunits on1y.
(rn) "Exclusive comrnercial Linited co:nmonElements means that portion of the conmon ele$ents which isreselved, for the exclusive use of Comercial Unit EIGST. Theseexclusive comrnercial linited conrmon el€ments so reserved.shall be identified on the condominiun lfap andl shall withoutfurthe! reterence theleto, be used in connection $rj-th Co$mercialUnit EIGltt to the exclusion of, the use thereof by all otherunit owners, except by invitation.
(n) "Non-Exclusive Corfi,elcial Limlted CoumonElements" means that portion of the conrngn el.ements, which isreserved for the non-exclusive use of a1I of the conuoercialunit oerners who shall have a non-exclusive right in com[K)nwith all owners who shall have a non-exclusive right in connonIdith all other conmerciaL unit owners to the use of hall$ays,corridors, stairr,rays, entrance ways, sidewalks, path ways,driveways, streets, court, patio, balcony or deck within thiscondoninium ploject as shown on the Condominium Map.
(o) "Conrnercial Litnited Comron Elements' ashereinafter used shall collectively lefer to the exclusivecomrnercial liniteal conrnon elements and the non-exclusive com-rnercial connotr elements and are appurtenant to the commercial
un115 on1y.
(p) "Common Elenents,' as hereinafter usedshall collectively refer to all general common eLements.resj-dential limited common elements, and cofirmercial linited
com$on elements.
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ter
h
(g) ncormon Expenses" neans (i) all expenses
exp.re,ssly declared to be corunon expenses by this Declaration
or by the By-Laws of the Associationt (1i) all other expenses
of adninistrating, servicing. conserving, managing, maintaining,
repai-ring, or replacing the conunon elemcnLs on t.he condominiumproperty and on any Additional Property, and (j.ii) a1l expenseslarvfully deterftined to be common expenses by the Board of
Directors of the Associalion. !,lotwi ths uand ing the foregoing.the Associaeion tnay enter into managemenL conlracLs for rhanagement
of all comnon elerxents under lrhich the maragement fee j.s charged
as a common expense prorated. as provided in ParagraPhs L2, 13
and 15 here in.
(r) " Conunon Surplus" neans the excess of all
receipts of the Associati.on from this condoninium project includ-
Lng, but not limited to? assessments. rents.' profits and revenues
on account of the corunon elements. ovef and above the amount of
common expenses of this condominium project.
(s) "First Lienor" rneans a holde! of a plomissory
note, pa)''ment of lrhich is secured by a recorded first mortgage
or first deed of trust encurnbering an interest ln a condominiun
unit. "Mortgagen shal.l j-ncludle a deed of trust, and nmoltgagee"
shall .incLuale the beneficiary of a deed of trust.
(t) "Associatioa of Unit Ot^rners" or "Association"
heans the Association formed as a Colorado not-for-profit
colporatioD bearing the na$e of this condominium project, theArtieles of fncorporation and. By-Laws of which shaLl govern the
ad$inistration of this condomlniun property, the menbers of
which Association 6hal1 be all the o\dners of the cond.ominiun
units.
(u) "Buildgng' or I'Buildings" means a single
structure or more than one single structure containing
condominium units and cinnr'ron elements as designatedl on the
Condoniriiul Map or wfricf inay hereinafter be shorvn on a
supplernental condominium Map.
(v) r'Declaration" neans this ins trument and
al1 amendnents theleto and all supplemental d.eclarations here-after recorded in the records of the Clerk and Recorder,
County of Eag1e, state of Colorado.
(w) "Institutional ltortgagee" m€ans a bank,
savings and loan association, insurance company or union
pension plan authorized to do business in the gnited States
of Anerica, an Agency of the United States Government, a real
estate or mortgage investnent trust, or a lender generaLly
recognized in the coNrunity as an instj.tutional type lender.
. (x) "Occupant,, means the person o! persons,
other than the lesidential unit owner, rightfully in possession
of a residential unit,
(y) "Condominium !tap" rneans and includes any
and alL engineering surveys of the land describeil above depicting
anal locating thereon a1l improvements, the floor and elevabionplans and any and all other drawings or diagranmatic plans
depicting a par! of or all of the land and irprovements thereon
and all amendments thereto and all Supplemental Condominium I'taps.
(zl " Condominirirn Documents", means this Declaration,
Condominiun uap, the Articles of IncorporaLion anal the By-Laws
of the Association, Declaration of Protective covenants and Time
Sharing Agreement, Management Agreement, and alI Eshibits annesed
thereto, as the same rnay be arnended from time to time or any analall other documents necessary for this condominium project.
-4 -
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G_-E
, (aa) "Management Agreement". means and rcfersto an/ agreement entered into by the Association for thepurpose of managing the condominium property.
(bb) "Managemert Firn", means the managemenrfirm which shall be responsible for the managenenL of thecondoni[ium property as provided j.n the l,lanagenenE Agrccmentauthorized. by this Declaration.
(cc) The terns 'vail Run compl€x. " "thiscondominium" or " condomi.niun project" vrhere used throughoutthis Declaration anal Exhibits attached thereto shal1 meanthe same as and shalL refer to this VaiI Run Resort Community
condominj-urn project.
(dil) "Condoninium Pxoperty't means and includesthe real property described in Exhibit "A" attached heletotogether with aIl Additional Property described in Exhibit "8"attached hereto whicb rnay hereafter becone subject to the
Condominium Docunents and all improvenrents thereon, and a1l
easenents and rights appurtenant thereto, intended for theuse and in connection i,rj-th this condorniniurn project.
(ee) The following definitions apply to thoseresidential condominiun units sommitted to and sold under aplan of time sharing olrnership (TSO):
(1) "Time Sharing Ownelship" (TSO).
means a fee sinple ownership b1' a residential unit owner ofan undivided interest as a tenant in common lrith otherresi{lential unit o}rners, of a residential condominium unitpursuant to the Declaration of Protective Covenants and TirdeSharing Agreement for this condominiurn project..t(2, "peliod of Use" means the specified
and unspecifieil period,s -ot-. time during vhich €ach owner of a
TSO residential unit shall have the exclusive right to use
and occupy the TSO resid.ential unit in lrhich periods of timeare set forth 1n Decl-aration of Protective Covenants and
Time Sharing Agreement for this condominj.um project.
(3) "TSO Residential Unit" shall be anyresitlential- condominiurn unit together with furnishings, furniture,fixtures, appliances, equipment and inptovenents thereincontalneil which are not personally owned by other residential
condominium unit owners sold, under a plan of tirue sharingownershj.p. The unit shall become a unit conmitted to time
sharinE or1'nership upon the recording of the first cleed insaid residential condolninium unit. conveying a period or periodsof use. A residential condominium unit will not be conmittedto time sharing ownership if all periods of, use are owned.by one residential unit or'rner.
(a) The real property is hereby initially dividedinto 55 residential units, and is also initially dividedinto 1I commercial uni.ts alL of vrhich are designated on the
Condominiuflr Map anal numbered and desi.gnated on Exhj.bit "C',attached hereto and rnade a part hereof. Each condominiurnunj.t described above shall consist of a separate designatedunit with an undivided interest in the Eeneral common elementsappurtenant to such unit or area as set forth in Exhibit "D"attached hereto and made a part hereof. Each resideneialunit o,ener shalL have an undivided ownership interest in theresidential linited conmon elemenls as designated on the
Condominium Map appurtenant to such unit t.he percenlage ofsuch undj.vided ownership interesE for each resi.dentj.al uniLis sel forth in Exhibit "8" aetached hereto and made a parehereof- The owner of CoNnercial Units EICtiT shalL have theexclusive use of exclusive comnercial linriEed cor non elemenlsas dcsiqnated on the Condominium t4ap and as defined hereinabove
2.
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t
i
and each corunercial unit. owner shall have an undivided owncr-ship interest in the non-exclusive coRmercial tiniteil comnonelements appurtenant to the cofiunercial units. The total
. number of square feet in al1 the above-describeC units and
cotnmon elements is 200,698 square feet,
(b) If Declarant shal1 hereafter, fron timc to time,rn slaqes or phases, or aL one time only, but in any evenLwithin five years from tl-re initial recording of thls Declaration,determine to subject to this Declaration any Add.itional Propertyadjoining the Premises as described above (such additionalproperty in each instance shall be referred to as "AdditionalProperty"), it shall record in the records of Eagle County,Colorado, a Supplemental Declaration containing (i) a legaldescription of the Additional Property subjected thereto;(ii) a designation of the buildings to be constlucted andthe total number of and specific designation of addilional
condoninium units the AdditionaL Property is divided, each suchunit and each such building designation being dissinrilar to anyother unit or buildling dlesignation then subject to thisDeclaration; (iii) a schedule of the percentage of undividedovrneiship of the general cornmon elements in the AdilitionalPtoperty appurtenant to each additionaL condominium unitthereon, computed as a percentage by whi.ch the totat numberof square feet in each suctr condominium unit bears to thetotaL number of square f€et in all coniloudniun units in theAdalitional Property, such percentage shal1 be rounded off to
tr,to decimal placest (1v) the total nulnbe! of square feet inall corunercial units on the Adilitional Property, andl (v) adescription of aLl exclusive and nonexcluslve resid.entiallimited comron elements on the Additional Property, togetherwith a desj.gnation of the residentj.al unj.ts on the AdditionaLPropexty to which each such residentj.aL linited conmon
element is appurtenant, (yl}) a description of all exclusive
and non-exclusive commercial limited comnon elements on theAdditionaL Property. together with a desi.gnation of the
commercial units on thd'Additional Property to lrhich eachsuch exclusive and non-exclusive conmercial linited corrunon
element is appurtenant.. The general conmon elements orl theAdditional Property shal1 be owned in cornmon by all of theunit owners on such Additional Property and shali. rernainundivlded. No ovrner of any interest j,n any condominium unitsubject, to this DecLaration prior to the recording of such
Supplemental Declaration. nor any lienor theleof, sha1l have
any right, title or interest i,rhatsoever because of such
ownership or lien in any palt of the general conunon elements,resid.ential linited common el-ements and the conrnercial
limited conmon elemeltts of the Additional Property; no owner
of any interest in any cornmercial. unit or residenlial uniton the Additional Ploperty, nor any lienor thereof, shall
have any right, title or interest whatsoever because of such
ownership or lien in any part of the general co[unon e]ements,resid.ential limited common elements and comnercial llmited
cotnmon elements of the property (hereinafter referred to asthe "Original Property") subject to thj.s Declaration prior
to the recoraling of sueh supplemental Declaration; provided,
hovrever, that afeer the recording of such SupplementalDeclaration, all unit orvners on the Additional Propertyshall have a non-exclusive right and license, in common withunit owners on the Original. Property and subject to theprovisions herein, to use and enjoy all of the general
conrmon elements on the Original Property and the unit ownerson the Additional Property shall have a non-exclusive easementas herei.nafter granted, over and across the general common
elements at any Cime situated on the Original Property; andal1 unit or.rners on the Original Property shall have a non-exclusive right and license to the same extent to use andenjoy all of the general co[unon elements and shall have anon-exclusive easement. over and across the general conmon
el.ements but not over the linited common elements, if any,
- 6-
e,
at any time situated on the Additional Property as glaneccl
above to the unit ourners on the Additional Property as Lo
the. original Property. After recording such Supplemeneal
Declaration and upon subst.antial completj-on of all nevrbuildings, containing residential units, comnercial uniLs
and corunercj-al areas on such Additional Property and prior
to any conveyance by DecLarant of any condominiurn uniLtherein, Declarant shall. recold in the real properey recordsof Eagle County, State of Colorado, a Supplemental Map ofthe Additional Propertyr prepared in accordancc with theprovisions hereof. Reference to the condominium map,
Prepared in accordance with Paragraph 3 herein and to thi.sDeclaration, in any instrunent shall be deemed to include
aII supplemental Iqaps and. Supplernental Declarations lecorded
Pursuant to the terms hereof.
Except as otherwise speeifically provided in this
Declaratj-on or in such Supplemental Declaration, all of theprovisions, terms and definitj-ons herein contained shall,
upon recording of each such Supplemental Declaration, be
deemed expanded to include the Additional Property and the
buildings, condominium units, cornmon elements and unit
oh'ners thereof and shaIl be deemed incorporated by reference
in such supplemental Deelaration, the satne as if such
Additional Property, buildings, conalominium units, and
common elements hrere originally subjeet hereto.
(c) Each resid.ential condominium unit shaLl be
inseparable and rnay be conveyed, leased, devised, or encumbered
only as a residential condominium unit. fitle to a residential
condominiun unit may be held individually or in any form ofconcurrent ownership recognized in Colorado lncludlng ISO as
d.efined. above. In case of concurrent osrnership, each co-ownetshaLl be jointly and severalLy liable for performance and
observance of all the dutj.crg and responsibilities of a unlt
owner with respect to the lesidential condominiutr unit in which
he owns an interest, anA in the case of a TSO unit, the co-ownerof a period of use sha11'be so jointly and severally f.iable.
Each commercial condominium unit may be partitioned
into smaller commerciaL condominium units and any such partitioned.
commercial condominiun unit rnay be conveyed, devj.sed or encumbered
as a separate conilominium unit. The co$nercial unit ovrnerpartitioning his commercial conilominium unit sha11 notify the
Association of any such partitioned unlt. Each paltitioneal
cornmercial. cond,ominiurn unit shall have a proportionate share
of any and all rights j.n the general conmon elenents and the
commercial linited conmon elements and obligations applicable
thereto as set forth herein and each such partitj.oned conunercialunit shall be depicteil on a recorded Supplemental !4ap thereof.
(al) Every contlact for the 6ale of a condomi.niumunit written prior to the fiLing fo! record of the Condominium
Map or Declaration nay Legally describe a eondominium unit by j.ts
identifying unit designation, the building symbol, follor,redl by the
name of this condorninium. Tbe location of such. cond.ominiun unit
6ha11 be depicted on the Condominiun Uap filed for record. Sub-
sequent to the filing of the Condorniniun Hap, and the recoraling
of the Declaration, every contract, deed, lease, mortgage, trust
deed, vill or other instrument may legally descrj-be a condominiumunit by the name of this condominium, with further refelence tothe Cond.ominiurn Map and Declaration filed for record. Every suchdescription shall be good ancl sufficient for all purposes to sel1,convey, transfer, encumber or otherwise affect not only the condo-
rnj-ni um unit, but also the comroon elernents appurtenant theleto.
Each such descripcion sha1l be construed to i,nclude a non-exclusive
easement for ingress and egress to and from an orvnerrs condominiumunit and in the case of residenLial units the description shaLl
be construed to include the use of all of the general conmon
elements together wit.h the right to the exclusj-ve and non-
exclusive use of the residential Limited cotlunon elements.
-7 -
tc:a
In the case of cornnercial units the descriptions shalI beconstrued to include the use of alL general comnon elemenestogeLher with the right to use the non-exclusive commercial.lirni tecl conmon elements, and in the case of co:nnercial unit
EIGHT the exclusive use of Lhe exclusive commercial limited
comroon elernents hrhich are appurlenant to that cornmercialunit. The reference to the Condominium Iqap ancl Declarabionin any instrumenh shall be cteemed to include amendmen:s andany supplements to the Condominium t'lap or Declaration !.rittloutspecific reference thereto. TSO resid.ential units shalL bedescribed as provided above but sha1l also conform to theDeclaration of ProLective Covenants and Time Sharing Agreement-
(e) Declarant shall give wri.tten not.ice to theassesso! of Eagle County, Colorado, in the manner provided inthe Act, so that each unlt owner of resid.ential units or aresidentiaL unit committed to TSO can be individually assessed.
(f) tiherever the term "unit owner" or iunit owners"is used anl'where within the context of this Declaration or any
Anendment or Supplernentary Declaration hereto. it sha11 beconstrued to include all owners of periods of use qrithin anyresidential unit conrnitted to TSO as one unit otrner. Therespective interests of each ovrner of period.s of use rrithin-a TSO reslalential unit $ith lespect to each other shafl be
deLineated, within the instruments of conveyance setting upsuch TSO residential unit.
3. Condorninium !1g!. Upon substantial completion of abuilding, ila-prIor to-=;y conveyance by Decl-arant of a condo-
rniniunr unit therein, Declarant shal-l cause to be filed for recordin Eagle County, Colorado, a condominium map which shal1 containsufficient survey description of the airspace of each residentj.alunit and commercial- unit sf aS to acculately locate the
same, together with such other information as may be includedat the discretion of De:qlaran!, and together lrith:
(a) The 1egal description of the sutface of theland and a survey thereof.
(b) The linear neasurements and location, !'rithreference to surveyed points on the exterior boundary of 1[s
J.anal, of the completed foundations of the building;
{c) The diagramatic floor plans and linear horizontaland vertical dimensions of the perimeter of each airspaceresidential unit and commercial unit,
(d) The designation by nurnber or other symbol of
each residential unit and conr0ercial unit for the building;
(e) The location ot the airspace for each condo-
rninium unit within the building, both horizontally by linear
measurements and, vertically by refexence to elevations asestablished from a daturt plane, inclualing measurements of thethickness of common walls and floors between or separatingthe conilomj.niurn units and perineter walls ot the buililingi and
(f) General depiction of and designation of general
common elements, residential tlmited common elenents andcommercial limited common elements, without necessity toahow the dimensions and exact surveyed locatlon thereof,except as otherwise required by this paragraph.
The Condorninium Map may be filed for r€cordin whole or in parts, sections or supplements, as construceionof the condominium units and other improvements are sub-stantialLy completed, aIl of $/hich parts, secti.ons or
supplements shall be considered the integrated condominiumnap, and reference to the fj.linq data of the last preceding
ParE, section or supplement filed in any deed or other
-8-
et
instruments shall be deemed to include reference to allparts, sections or suPPlemenbs of the map thereLofore f i-led
of 'record.- Each such map (and each separately filed part,
section or suppfement thereof) shall contain the certiEicaLeof a registered proiessional land surveyor, cert.ifying thaLthe condominium map (or part, section or supplement Ehereof,as the case may be) substantially depicts the above daia and
was prepaxed subsequent to subsLantial comPletj-on of the
imp.rovements depicted lhereon.ant reserves the r
the condominium map f o culle to co
ocation ot any r)u nc all rts
elocate easements.
4. Administration and l"lanagement' vail Run ComPlexshall be affint to the cond.oninium
docurnents. The Declarant so long as he retains an own€rshj.pinterest in any condominium unit and each unit owner shal- 1
be a menber of the Assocition and shal1 remain a menber until
he ceases to be an unit owner subject to Paragraph 2g(bJ
herein. Each unit ovner shall- comply strictly with the
provj.sj-ons of the condominiurn documents. Each unit ol'rlrershall be bound by and sha11 comply r,rith rules, resolui,ions
and decisions of the Association d.uly made or adopted in the
manner set forth in the articles of incorporation or by-la$rs. Fai.lure of the unit owners to comply with suchprovisions, rules, resoLutions or decisions shal1 be groundb
for an action to fecover damages or to obtain injunctiverelief, or both, maintainable by the Association on behalfof al1 the unit owners, or, in a proper case, by an aggrievedunit owner. In addition; the Asaociationrs bylavts mayauthorize the Association, during the period of any delinguency,(a) to revoke a del,inquent unit owner's right to use the
codunon elements and easements granted hereunder, (b) to
cause ulility service to a-4lelinquent unlt owner's condo-
minium unit to be suspend& anal (c) to suspend a menbe!'s
voting privileges.
_. .
5. Common Elementst Encroachnents.
(a) The common elements on the property describeal
above shall be owned as tenants in comnon by all the unit
owners as their interest applies to th€ generaL conrnon
elements, the residential f.imited coftmon elements and conmercial
l-funited common €lements as appurtenant to each respective
condornini-un unit, lrhich interest shall remain unalivid,ed- Nounit owner shaLl asselt any right of partition r"rj- th respect
to the conunon elements. Each unit owner waives any aJral alllights of partj.tion which he nay hold by virtue of his
ownership of the said undivided interest in the collunon
elements as a tenant in common with the other owners.
Except for Tso residential units, this paragtaph shall not
limit o! lestrict the rj.ght of partition of a residential
condominium unit among the unit owners thereof, but suchparlition sha1l noi affect any other condominium unit.
No owner of a Tso lesialential unit shall
bring, or have any right to bring, any action for partition
or division of the Tso residential unit, nor shalL any
owner of a period of use of a Tso residential unit have anyright to bring any such actton agairst the other owners ofperiods of use in the sane Tso residential unit-
(b) If any portion of the cornmon el"ements nol{
encroaches upon any condominirun unit, or if any condominiumunie now encroaches upon any other condominium unit or upon
any portion of the coRunon elements, as a result of theconstruction of any building, or if any such encroachnentshall occur hereafter as a result of settling or shi-fting of
any building, a valid easenenl for the encroachnent and forthe maintenance of the same so long as the building stands
p"'&
b -9-
tEa
shall exi.st, In the event any building, any condominium unit,any adjoining condominium unit, or any adjoining conrmon
. element, shall be partially or totally destroyed as a resulLof fire or other casualEy or as a result of condemnation oreminent domaj.n proceedings, and then rebuilt, encroachmen Lsof parts of the common elenents upon any condominium unit orof any condominj.um unit upon any other condominium uni! orupon any portion of the comfton elemEnts, due tc such rebuilding.shall be pe ditted, and valid easements for such encroachment.sand the naintenance thereof shall exist so lonq as thebuilding sha1l stand. The initial Rules and Regulations, andall amendnents thereof and revisions thereof Fertaining to useof the conunon elements shall be posced in conspicuous placeson the common elements, The unj.t ovrners hereby covenant andagree to be bound by all of such Rules and Regulations andshall obey same and be responsible for their being obeyed bythe said unit owners, their farnilies, guests, invitees andservants. Where a corporation j.s a unj.t owner, the use ofthe conmon elements shall be limited at any one time to suchofficer, director or employee of sald corporation who is theoccupant and such individual shal1 be deerned, to be the unitowner for the purpo6es of this paragraph.
6. General- qonmon E1eme4ts. Each unit owner anil their,where applffily, social guest or businessinvitee, shaLl be entitled to use the general common el-ementsin accordance \ditb the purpose for which they ale lntended,rdithout hindering, irnpeding or imposing upon the rights ofthe other unit owners and in accordance with rules and regula-tions duly estabLished from time to time by the Association.
Any expense for the maintenance, repair or replacernentreLating to the general cgrqllon elenents shall be treated as andpaid for as part of the cffiron expenses of the Associationbut shall be assessed,-as hereinafter provided in paragraph 12(a)beLo$r, to aLL unit owners accordi.ng to each unit owners p-rcentageof olynership interest in the general comnon elements as let fortfri-n Schedule D attached.
7, Resialential Linited Common El.ements. The residentialrrmr.tect colrunon elements are reserved for the use of theresidential unit owners to the exclusion of the conmercialunit owners and which elenents are designated as "residentiallinited comJnon elements" on the condominiurn Map.
Any expense for the naintenance, repair or leplace-ment relating to the residential limited collunon elementsshall be treatedl as and paid for as part of tlte common expensesof the Association but shall be assessed, as hereinafterprovided in paragraph 12 (b) below, to the residential unitortners only according to each ownerrs percentage of undividedownershj.p interest in the residential linited cornmon elementsas set forth in Schedule E attached. Should said maintenance,.repair or replacement be caused by the negligence or misuseby a residential unit owner, his family, guests, servantsand invitees, he sha1l be responsible therefo!, and theManagement Firm, as long as the l.tanagement Agreement rernainsin effect, otherwise, the Association, shall-have the lightto levy an assessment against the residential unit owner ofsaid residential unit, which assessment shall have the sarneforce and effect as a1l other special- assessments. l{heresaid
-
maintenance, repair or leplacement is caused by theneglj-gence or misuse by a residential unit ouner of periodsof use in a TsO resldential unit, his fanily, guests, servants,and invitees, any such levy of an assessment shall be limitedto the period of use owned by said residential unib owner ofperioal of use, and sha1l be of no force and effect as to anyother residential unit owner of periods of use in said TSO
- ln -
{E=r
residential unit. The cost and expense of tne naintenance.care and preservation, includinq palnting and the like,where applicable, of patios, decks, balconies, e:{terj-orstairs shall be a corunon expense of all of the residentiatunit owners, however. the fixed and/or sliding glass door(s)in the enLrance rr,ays to said patios, decks and balconicsshall be maintained and cared for at the cosc and exoensc ofthe applicable residential unit owner.
8. cornnercial Limited Common Elements.The corn-mercial li for the use of the
commercial unit olrners, and i.rhich elements are Cesignated as
" connrercial linited common elements" on the Condominium Map.
Any expense for the maintenance, lepair or replacementrelating to the commercial lirnited com.mon el-ements shaLl betreated as and paid for as part of the conmon expenses of theAssociation but shall be assessed, as hereinafter provided inparagraph 12 (c) , to the conmercial unit owners j.n proportionto each onnerrs conmercial unit square footage bears to thetotal of all- commercial units square footage. Shouldl saidmaintenance, repair or replacement be caused by the negligenceor misuse by a commercial unit owner, his agents, invitees,servants and assigns, he shall be responsible therefor, andthe Management Firm, as long as the ltanagement Agreementrenains in effect, otlrerwise, the Association, sha1l havethe ri.ght to levy an assessment against the said corunercialunit owner. The cost and expense of the raaintenance, care
and preservation, including painting, repair and the Like,
where applicable, of comnercial t irni teal cornmon elements ofpatios, clecks, baleonies, stairs, halls. corridors, walls,foundations, colums, girdE s, beams, supports, roofs,Iobbies, stair$rays, fire escapes, entrances and exits,plaster, trees and planteEs andt a1I other items whiclr
nutual-Ly benefit all or -Sribstantiatly all of the corunercialunit owners, shalL be a common expense of all of the con-mercial unit owners.
Notwithstand.i.ng any of the provisions set forth
above, al-l expenses for the maintenance, repair or replacementrelating to the exclusive commercial lirnited corunon elenents
sha1l be treatecl and paiil for as a part of the cornmon expensesof the Association but shall be assessed to the cormercialunit owner of Commercial Unit EIGET.
9.. Easements. The uni.t owners d.o hereby transfer,grant and E6friE!-Eito the Declarant, and all menrlrers of theprivate club, as hereinafter described. in Paragrapft 16(d)below, and invitees of the unit or"rnels, their, where applicable,respective famj.lies, social guests and, business invitees, anon-exclusive easement over and across all general co[unonelements as they now or hereafter are shown on the Condorniniun
Map for purposes of ingreSs and egress to and from the
condominium units, general common elements or health andrecreational- facilities. The comnercial unit or'rners havethe right to exercise all of their rights, title and interestto reasonably use and to occupy the said general cornmon€lements immediauely adjoining their respective commercialunits but shall not substantially restrict or irflpair the
easement rights granted hereunder or the rights of otherunit owners. The easement. rights granted hereunder can berevoked only by the consent of all unit or.rners, all nenb€rsof the private club and alt firsr lienors of lesj-dentialunits.
10. Haintenance and Alterations,
(a) The Board of Directors of the Association mayenter into a contract with any firm, person or corporat.ion,or may join r.rith other condominium associations and entitiesin contracLing for the maintenance and repair of the condominium
b - tl -
:r
ptoFerLy and other type propertiesr and may contract for ormay join wj.th other condominium associations in contractingfor thc management of the condoftiniufl property and. othertyPe properties, and may delegate to the conLractor or manager..all the powers and duties of the Association, except such asare specifically required by this DeclaraEion or by the By-1awsof the Association, to have the approval of lhe Board of Directorsor the membership of the Association. The l{anacrer may be auth-orized t.o delermine the budget, make assessmen:s for iommonexPenses and collec! assessments, as provided by the condofliniumdocunents. T}re Associatj-on, through j.ts Eoard of Directors. mayenter into a Management Agreement, as provided herein, which
encompasses the provisj.ons of this paragraph.
(b) There shall be no alterations or addj.tions tothe common eLements of this condoninium where the cost thereofis in excess of S20,000.00 but such amount shall be increasedor decreased each year comrnencing January 1,, L977 by the per-centage of change in the base index nunber as shown for the tnonthof January 1, L975 in the "Revised Consunerr s Index - Citiespublished by the Bureau of Labor Statistics of the United StatesDepartment of Labor in the coluJnn for the City of Denver entitled"al"L iterns " by the Board of Directors, unless a_Dproved by not l-essthan seventy-five percen! (75t) of the total vote of the unitowners and First Lienors of this condominium, provialed the -afolesaid. alterations or aald.itions do not prejudice theright of any unit orrne!, unless his consent his been obtained.
The cost of the foregoing shall be assessed as common expenses-
where any aLteration or additions, as afored,escr j-bed i.e.,as to the comnon elenents of this condominiun project, areexclusively or substantially excLusively for the benefit ofthe unit ordner(s) requesting same, then the cost of suchalterations or add.itions sha1l be assessed against andcoll-ecteal solely from the unit owner(s) exclusively orsubstantially exclusively bgBefiting, and the assessmentshall be levied in such profiortion as may be determined asfair and equitable by the nanag€ment firm, as long as the
nanagernent agreement. renaiirs in effect, otherwise, by the
Board of Directors of the Association, Where such alterationsor additions exclusively or substantially excJ.usively benefitunit owners reguesting sarne. said alterations or additionsshall only be nade when authorized by the manaEement firm,as long as the managenent agreement remains in effect, andthe Board of Directors, and approveil by not less thanseventy-five pelcent (?5C) of the total vote of the unitownels exclusively o! substantlally exclusiveLy benefitingtherefrom. anA where said unit or.rners ale ten (i0) or ]ess,the approval of all but one shal.l be required, In the caseof a TsO resid.ential ..unit, approval by unit or.rners of atleast seventy-fj-ve pereent (753) of the periods of use sha11constitute approval "of the unit owner" of the TSO residentialunit for the Furpose outlined above.
Where the approval of unit owners for alterations tothe conunon elements of this condominium is required, in thisDeclaration Ehe approval of institutional mortgagees who arefirst lienors and whose nortgages encunber coniorniniun propertyin this Condofirinj.um replesenting no! less than seventyPercent (70E) of the total unpaid dollar indebted.ness as toprincipal on the condominiur property at said tine shallalso be reguired.
(c) Each orrner of a residential unit not corunitted!o TSO agrees as follo(.rs:
(1) To maintain in good condition and repairhis unit and a1I interlor surfaces witnin his residentiai unitand the entire interior of his residential urit, incLudinqfireplace, and to maintain and repair the fixtures analequipment bherein, r,rhich includes but is not limiteal to the
b
i_.l$*ti-:,''. 'li-*.ist:1:+.isi+tti. €4f,'"1.Y:l'ri,'+![:.i1: t.'?l{F.++Yf, '1'.'|. f . . r':. ' 1. -. :. .. .--.+1
,-,,]:.. rrrrcrqr..t!!T!il!:!:t:-::lf -!!:l-3!-T..^!tlt'E aard all .DFt i.!.!c!. t!.a.to-";'::.::.;-!' . rft. friiUfn qnnnrs .!d .ll .Eptr.!.ro. t!.s.to - "a':,,^: r.r!.i' rxlirETfiEEri. rad fr*r-rJi-rri-rrr, 4tii-r.;;t- ,.*" -l:.'ii, ' J .' ad orr. ad .tt oti.t r$Dlf.Do.rr drllatr glttbfDt tlttra.r .!''.: ' '. .' rd coa&ttorr r1't|r rli pfrrbl!' rDd r.l.t-llr. Ylthlr I
.:-:,: . ''l'|., . tD. t.a|'ctLl- o!lt. -rhotrlo Farltr .l.G!rlc $fsF trd .,1:
li..' '.':' I ad cilFtlanr rllt|r rll plEbtlt |sd r.t t-ll vltbb. r tDa raatdotLl o!lt. .l.st8l€ Frarhr .l.c!rlc rlsllt.trd-. - ' aL€tslo artl.tr ud llrtnrr rltbta tlr r..ld.atLl sottt:.;: :, lllrg: js.lJr*!-r:t*a-::-d-?l:':r .tl-s:'l=--. -. . htaflct &oat. rllaorr, r€saaala{ ld fl.ta. .lt .*ta!lor||oor| l.rc.pt ab. prtntfq ol tlrr-dtrrior ot .rt ttor door.'' rLll b. . Cn .rp.n.. ot th. Cdldctrlrlt r |.!d t}.y fot.:.,''. ".: .tlr. t l.?ba.,.Dd .ri.r uttlttl.r ri.rr allr.ctly ch.rg.d to.1, . . .llr t l.?ba. rad otlrr uttlttl.r ri.rr allr.ctly ch.-g.d to
. ;.-. .uoh r..ldqrtlrt *.1r. Urllltr... Et dlr.€tly ch.sg.d to'':,. . .. !!!l !lrl.. r.flrf. .nal r..t. ta..'- t! -r9gllcrbfu, rlill be r.- ,., . . r " Dart of thr s*o .!Frna.t lt btll.d to t!. t|ro.l lloat' ' brlftlr ll trdl"ldrrl blll. rr. ..tt to ..ch r.rldonglrlunlt blt tlt. 9rltlt furnlahlrg aalil raavlc., .uch r.rldqrtl.lEllt ffn s rh.ll p.y |.ld blll fos btr utrlt tndtvidu.tly.
!h. co.t ol !.lnr.blng etd r.phclng th. crrpcllag rh.ll bcblaa bt tha o{ttar or or|||ra ot aald sa.ldcntlal unl!. E ch
ErIt. arld r.aldcntkl urlt oylr hal l replac! aarle by th€aan color arul bolb rrttagG r! hlr cot't aad arpenee u'|leteth. l|.nrgant flrn, or th. Arrocl,.ttotr. decldet to replace
aaEa aa I cGn crpcnrG ot tha CondooinluD. The rfor€alid
aaaldaatl.l ualt orrrr ah.ll E lnt.lD, c.r. lor rnd grcrcrvc
lrottloor of thr rrcluttna rcaldcntlal lbrltad co$n Glc[,' rLr,'. !. grodd.d h.r.ln. Lhar. sh.F. tr. ltght flltu.rc orItrtusar rttrchad to tba Grg.flor yall or f.lla o! a r€aldential
llghtr lry b. tlad to thG GlGctric EGter tor the r€aldentlatunlt rhlch lr R.tronrible for rcplrclng r.id light. bulbE{tdr ln auch caaa, thc elcctric Gart for sa.EG rhalL be borneby tald rc.ldrntlrl unlt orDcr.
(21 Not to rl.k€ or cru6e ro be Dade anyttructu$l addltlon or .lt:ration to his residenrial unit orto ths rcaldentlal lilited egrrcn eleoeats or g€neral corEloneleEe$tt. Alteratlons rithin a reaj,denrial unil nay b€ ia.rdculth tbe prio! vlitt€n conaent of the [anagenent Firn and
tbe Association, and any Fir6t Lienor holdirg a rnorrgage onhis terid.rnLial un:t.i(31 To nake no alteratj,qn3, decoracion.
rep.i!. replacement or change of the general, ro&eon elerner:ts,
residential liDited coaaEn eleBenta, or to any outsld€ or
exterior portion of the building vhethe! i.rithj,n a resrdenrial
unit or Fart of lhe resj,dential, Li!!i--c.i 9c-!ro!r Lriern€nrs org€neral corllron elernents uithout t'he prior rrj.'.ten consen! of
the t'tanageroen t FirD. as long as t5e ttaragenent Agreenen!
reaains in effect, otherl'ise, the Association. Resldenrral
o9,ners Bay use suqh contractar or sub-conttactor rs are
approved by the Nanagernent Firm. or Lhe Assoctation. and
said parti€s shall conply uith all Rules and Rcaulati.ons
adopted by the Managerienc FiEm oE the Eoard of Drrectors,
The residential unit orner shall be liJble ior all danaoes
tc conCoEiniut' lrnits, the cottsr|on eletnenls or the Condoniniurlproperti, caused bi- the re5idential unit o'incr's contrictor.sub-contractor, or ernpiol'ee. sirr.:Llrcr saj,i i;::l;3s :!'c r^aused
by negligence, accidenl or olheHise.
(d) Each or,rncr of Periods of Use in a TSO reslCenirJi
urri t a,;:ees :
(ll To pal' hj,s irropottion3tc share of tl",c cost
of l-i,e nain:c;:.1!:ce Jnd r.-.Dair of al I j,nteriol anC lrxter!or
cornponcnts of his TSO resrdcntr.rl unit. :hc cos: c,f nci tsi,;;i;c,repair and lcplrcerccnE of all appiionccs, furnirurc, cirp(-: !n(i,
firturcs. equipncnt, utcnsrls, and othcr pcrsonJl !'roler:!'ririrrn sairl iso rc3isc::ti.rl u:rr,r, t:rd such crhor cosis ot
rar'.r!r. h^int.n.rnce, uphoep and oper..-ron of hl,s TSO r!.sr(lt'nir.r:,.:ni'- 3s !.s necossa!-v to the cont inued cnlo)'[!cn'. o: su...i u:-.: :
b)' al I uni.t otJncrs af i'criods of Us!. i.hr'rcin
G:
' (2) liot !o make, cause' or a11ow to be madc,any repairs, modificahions, alterations, or replacemenEs to
. the cornnon elements, residenEial linited corulton elenents,'outside or exterior portion of the building whether withinthe unit or part of the residential limited connon elenentsor general common elements, exlerior or interior of his TSOresidential unit, or of t.he furnishings. appliances, p..rrsonalproperty, or decor thereof. withouE the prior vritten conscntof the Management Firn. fhe Association, and all other
o1{ners of Periods of Use therein.
( 3 ) Expenses of repairs or .repLacemen t.s to t.heunit ox its cornponents, furnishings, carpeting, appliances orother property, rea], personal, or mixed, occasioned by thespecific use or abuse of any ovtner of Perj-ods of Use in any
TSo residential unit or any licensee or tenant of said unit
or,tner, sha1l be borne in their entirety by said unit ovrner.
.(4)
The Management rirn, as long as the
Management Agreement remains j-n effect, otberwise, theAssociatj.on, shall determine the interior color scheme, decor
and furnishings, of each such condominiun unit. as vrell as t.heproper tlme and. redecorating anCl replacements thereof
' (e) A11 unit owners of condlominium units, includ,ing
owners of Periods of Use in TSo residential units agree asfollows:
(1) To aIlo$r the Management Firm, the Boaralof Directors, or the agents or employees of the manaEement Firmor the Association, to enter Lnto any condominium unit forthe purpose of maintenance. j"nspection, repair, replacenentof the improvements lrithin the condominium units, residentiallirnited cotnnon elements or*€he general common elements, orto determine in case o! e$ergency, circumstances threateningthe condominj.um unit, olher condominiun units, residentlalLimited cornmon elements or the general conmon eLements, orto determlne compliance with the.provisions of thi-s Declarationand the By*1aws of the Associ.ation.
(2) To show no signs, advertisements ornotices of any type in or on the general conunon elements,
commercial lirnitecl cornmon elements. residential liniteal
contmon el.ements, or his conalominiun unit, anal to elect noexterior antenna or aerials, except as consented to by the
l4anagement Firm, as long as the t4anagement Agreenent rer0ainsin effect, othen ise by the Association.
(f) In the event the unit owner of a condominiumunit fails to maintain his unit, conmercial limited comnon
elements and residential linited common elements. as requiredherein, or makes any alterations or additions r.tithout thereguired written consent, or otherwise violates or threatensto violate the provisions hereof, the Association, or the
Management Firm on behalf of the Association and on its ownbehalf, shall have the right to proceed in a Coult of equityfor an inJunction to seek compliance with the provisj.onshereof. In lieu thereof anal in addition theleto, the
Management Firm, as long as the Management. Agreement remainsin effect, otherwise, the Assocj.ation, shall have the lightto levy an assessment against the unit ovrner of a condominiumunj-t, and the condominium uniL, for such necessary sums to
remove any unauthorized addition or alteration and to restorethe property to good condition and repai.r. Where saidfailure, alceration, addition, or other vi.olaeion is attribut-able to a unit ovrner of periods of use in a TsO residenLialuni-t, any such levy of an assessmenL shall be limited to theperiods of use owned by said unit owner of periods of use
and shall be of no force and effect as to any other unitowncr of periods of use in said TsO residential unit-
- 14 -
t-E
Said assessment shall have the same force and
effect as all other special assessments- The l,Ia[agemenL Firm.
ds tong as the Management Agreement remains in effece, obherwise
the Association, shall have che further right to have its employees.or agents, or any sub-contractors appointed by it' enter a condo-
ninium unit at all reasonable times to do such '/tork as is de€med
necessary by the Hanagement Firm, as long as the l.tanagement Agree-
ment remaj-ns in effect, othererise by the Association, to enforce
compJ-iance !.rith the provisions hereof.
(g) The Hanagement Firm. as lolg as !h€ .I4anagement
Agreement renains in effect, otherwise the Association, shall
determine the exterior color scheme of the buildings and all
exteriors. and intelior color scheme of the colfJnon elements.
and shalL be responsible for the maintenance thereof, and nounit owner shall paint an exterior wall, doolr ltindow, or
any exterior surface, or replace anythinq thereon or affixeil
thereto, without the written consent of the Management Firm,as long as the Management Agreement remains in effect,
otherwise the Association.
(h) The Association shall be resPonsible for the
rnaintenance, lepair and replacement of the comron elements
and alL portions of the Condorninium property not required, to
be maintainedl, repaired, and,/or replaceal by the unit owner(s);
however, saici lesponsibillty has been undertaken by the
Management Firm, as J-ong as the Management Agreement re:nainsin ef,fect, as provideal in the Management Agreement authorizedhereunder. Notwithstandling the unit ownerts duty of maintenance,
repair, replacement and the other responsibilities as to his
cond.ominium unit, as is provided in this Declaration, the
llanagement Firm, as long as the l4anagement Agreement renains
in effect, otherwise the Association, may enter into an
agreement with such firms or companj.es as it nay delermine
to provide certain serviceql and,/or maintenance for and, on
behaLf of the unit owne.rs an the Condomj.nlurn project whereby
maintenance and service are provided on a regularly scheeluled
basis for air-conditionin! maj.nt6nance and service and
appurtenances thereto, €xterminating services anal other
types of maintenance and services as said .llanagement Firm.
or the Association, deems advisable anil for such perioil of
time and on such basis as it determines - Said agreements
shaLl- be on behalf of al-I unit owners and the nonthly assess-.
ment due fron each unit owner for common expenses shall be
increased by such sum as the Managetient Finn, o! the Association,
d.eems fair and eguitabJ.e under the circumstances in relation
to the ngnthly charge for said maintenance or service. Eachuni.t ownel shall be deemed a party to said agreement with
the same force and effect as thouqh saiCl unit o!.rner had
executed said agreement and it is understood. and agleed thatthe Managenent firm or the Association, sha1l execute said
agreements as lhe agent for the unit owners. The afotesaid
assessment shalI be deemed to be an assessment unde! theother provisj.ons ef this Declaration.
-1I. votilq. There shall be one unit or.rner from each
condomini.ufir unit who shall be entitl€d to vote at any meeting
of the Association and. such unit owner shall be lnown (and.
is hereinafter referred to) as a "voting t'lember". If a
condominiurn unit is owned by more than one person, all of
the unit owners of said unit shall designate one of them as
the voling Member, or in the case of a Corporate Unit owner,
an officer or employee thereof shall be the voting llenber.
The desj,gnation of the votinq Member shall be nade as provided
by and subject to the provisions and restrictions set forth
in the Articles of Incorporation o! Bylaws of the Association.
Each unit owner or group of unit otrners shall beentitled to the number of votes equal to the percentage of
ownership in the corunon elements, applicable to his or their
condomirrium unit, as set forth and specified in Exhibit "D"which is annexed to this Declaration and made a part hereof.
The vot.e applicabJ.e to any condominium unit is not divisible.
G--
. Notwithstanding the above, each unit owner of aiSO residential unit shall be entitied to a vote at meetingsof the Association and shal1 be enLirled to a proport.ional
. vote for each Period of Use owned bv him within his tSOresidential unit or as provicted in ihc Declara[ion of Protcctive
covenanLs and Time Shari-ng Agreement for his TSo residentialunit. A1I of the provisions of this paragraph 11 are subjectto the reservations of the Declarant in Paragra.ph 28(b)
below.
12. Comrno n Expenses and Comnon Surplus.The corunon
expenses of the Condominium project, including the obligation
of each unit owner under the l4anagemenE Agreenent authorizedby thiB Declaration, shall be shared by ancl assessed to theunit orvners in proportion to their percentage of undivided
ownership interest as specified and set forth belotr, and in
Paraglaphs 6, 7 and 8 above. Each owner's share of common
expenses and assessments sha11 be determined as specified
above, regardless of the purchase prj.ce of his condominiurnunit or its Location.
Cofinron expenses shall be considered in threecategories, and shall be prolated among the unit owners
under each cateqory accoraling to the percentages set forth .
in Exhibit 'D'r attach€d, These three categories are:
General Common ExpensesR€sidential Conrmon Expenses
Conunercial Conmon Expenses
(a) ceneral Common Expenses shall be pforated. among
aLL uni! owners as provialed in Paragraph 5 above which general
conmon expenses shalL include r
(l) n*p.na# to heat the general cormon eleme:rts.
(2) Expenbes to light the general comnon eLements.
(3) Buil-ding and liabiLity insurance expense.
(4) Exterior landscaping and snor,, removal expense.
(5) Repair, maintenance and cleaning of genelal
conulon elements .
(6) Security and fire alarm coscs.
(7, Interior landscaping expense.
(8) Repair, replacement and cleaning of general
cofiunon elements ,
(9) Music system costs.
(10) Accounting, legal and general office expense.
(l]) Expense of managing the general- common elements.
(b) ResidentiaL conmon expenses sha!.l be prorated amongthe residential unit owners as provided in Paragraph 7 above which
corlmon expenses sha1l include:
llaintenance' lepair, cleaning and replacement
of the residential coronon €lements.
TV cable service costs for residential uni.ts.
Firewood supplied to residentj-al units-
(1)
l2l
(3)
b-
EE
Residential unit expenses for natural gas,
waber, sewer and electricity (not indivictuatunit elecLricity) are to be allocaLecl asresidential common expenses accordinq tothe l4anagement. Agreerqent or as deter;incdby the Association. This allocaEion r,rus tbe according to estimates or actual figureson usage and ut.ilization by each residcntial
uni t.
The resi-dential units' share of the lrlanage-
ment Fee which shall be according to the
Managenent Agreerxent. This allocation mustbe accordj,ng to estimates or actual figureson usage and utilization by and for thebenefit of the resi.dential units.
Base cost of telephone PBX system.
Trash removal for residential units.
(c) corunercial common elenents shall be charqed to theConhercj-a1 Unit offners as provided in paragraph 8 above which€xpenses sha1I include;
Repair, naintenance, cleaning and replace-
ments expense for the cornmercial lirnited
co[unon elernen t s -
Corutercial unit expenses for natural gas,$ater and sewer and electricity are to bealloeated as Conmercial cor,fion Expensesaccording to the l4anagement Agreernent or asdeterqjined by the Association. This a11oca-tion fr-ust be by each Commercial Unit accordingto'estlmates or actual- figures on usage andutiu.zation by each Conunercial Unit.
The Commercial Unit's share of the Management
Pee as charged by the Management Agent accord-ing to the Management Agreement. ThisallocaCion must be according to estimatesor actual figures on usage, utilization byand for the benefit of the eorflmercial Units.
In the event there exists a colxlilon Surplus of theAssociation, it sha1l be ordned by each of the unit, owners inthe same propoltion as their percentage ownership interestin the coNnon elements as provided in Exhibit "Di' attached,hereto. Any conmon surplus being the excess of all receiptsof the Association from this condominium project, includingbut not limited to, assessments, rents, profits and revenuison account of the common elements ove! and above the amountof the colunon expenses of this condominium project.
L3. M€intenance lee for Units Conmitted to TSO. Each ownero! a perrocl or perrods of Use in a TSO residential unit shall Dava "maintenance fee" which shall be prorated as provided in theparagraph irunediately following this paragraph. The Rainten3ncefee for each TSo unit shall include but shall not be linited tothe following:
(a) General common expenses, as set forth in paragraph
12 (a) above.
(b) Residential common expenses as seE forth inParagraph 12 (b) above.
(4')
(s)
(b)
(l)
(2',)
te?
(c) Direct ezpenses, assessed to each TSO residenlialuhit as provided j.n Paragraph 15 below which shalt include, buLshall not be linited to. the followinc:
(1) Real estate and 6.,ersonal property taxes.
(21 Each TSO residential unit maintenance andref erb j,shment expenses.
(3) funding for a reserve for furniture
rePlacemen'-s.
(d) Maintenance and upkeep for each TSO residentialunit for normal wear and tear (exanple - repainting of interior
!'ral ls, seasonal cleaning).
(e) Repalr and replacement for furniture, fixtures,appliances. carpeting and utensils.
(f) casualty and/or liability insurance for each TSOresidential unit.
' (S) Utilities that are not part of (a) and (b) abovebut are allocated to each Tso residential unit.
(h) Any other expenses incurred in the
maintenance of TSO residential units wlrich cannotattributed to an indivitlual TSO residential unit
operation ancl
be directLyor unit owner.
The maintenance fee shall be prorated arnong all.unit o$tners of Periods of Use in a specific TSO resialentialunit by applying the retatlve value iercentage assigned. tothe appLicable Period of Use as set forth in Exhibit A ofthe Anend,ed. Declaration of grotective Covenants and Ti$e-Sharing Agreement for vail tun Resort corununity to the totalof al1 such expenses appili_cable to his TSO residential- unit.
14. Maintenance Perioils of Use In TSO ResiClential Units.
Upon conveying a Period o Use in any@the conveying party agrees to convey to and the Associationagrees to accept Pet:iods of Use, if Periodls of Use have not.
been hereto previously so conveyed, to be used for l,laintenancePeriods as plovided for and designated in the tunended Declarationof Protective Covenants and Tine Sharing .Agleement. TheD€clarant shaLL have the r19ht to choose and designate the
!.ta.intenance Periods to be so conveyed. In the event any onepelson, or other legal entity, becomes holder of recordtitle to al-1 Periods of Use in any one TSO residentlal unit,that person, or other legal entityr rna! cause the Associationto convey said Maintenance Period.s applicable to the said
TSO residential unit by notifylng the Association, in writing,of its desire that said unit cease being a TSO residentialunit. The Association shaLl execute the necessary papers to
complete said conveyance no later than thj-rty (30) daysafter notice. All expenses of said conveyance, including
documentary fee and recording fees, shall be borne by thepelson, or other l€gaL entit,y, desiring such conveyance.
15. Assessments. The Association, through its Board
the por"rerof Directors, has delegated to the Management 8i!mof the Association to fix and to provide for the corRrnon
exPenses of the condominium property and such other sums asare specifically plovided for in this Declaration and. the
By-Lar,rs of the Association, for such period of time asprovided in the ltanagement Agreement, other',rise the
Associatj.on sha1l have the poeer. The Association, throughits Board of Directors, shall have the power to fix anddeternj-ne from Lime to time the sum or sums necessary andadequate to provide for the common expenses of the cond.oniniun
h:
B
property and such other assessments as are sPecifically
provided for in this Declaration h'here said pouer has not
been or is no Longer delegated to the Managenent Pirm. Theprocedure for the detexmination of all sucb assessments shaLL
'be as set forth in the By-laws of the Association and thisDeclaration.
Any expenses which can be directly charged to a
condominium unit, such as long-distance telephone calls,shall be dilectly charged against the condominium un.i tdirectly attributable for such charge. The conEnon expensesshall be assessed agaj,nst each condonrinium unit or.rner asprovided for in this Declaration in Paragraphs 6.7, 8, L2and 13. Exc€pt as set forth hereinabove, each unit owner ofa cond.omj.nium unit shall pay his pro rata share of the
common expenses. Such proration shall be rnade on the basisof the unit owners' respective undivided interests in the
conmon e1€ments on the date such conmon expense is incurred,
except insofar.as any rnanagenent fee j.s clrarged directly to
each unit owner pursuant to Paragraph 13 hereoft provided,
however, that if Declarant shall hereafter subject AilditionalPloperty to this Deelarat.ion as provided herein, then uponrecording of such Supplemental DecLaration and Supplemental
Condominium Map, the pro rata share of ihe ionnon expenses,as expanded to include the AalditlonaL Propelty, of each unitowner of a condominium unit subject to this Decl-arationprior to such record.ing shal1 be the percentage undividecl
ownership interest of such unit owner in the common elementssubject to this Declaratlon prior to such lecording multipli-ed .by a fraction the numerator of r.rhich is the total number ofsquare feet ln all co Enercial units and residentj.al unitssubject to this Declaration pllor to such recording, anal the
denominator of !^rhich is the numelator plus the total nunberof sguare feet in all cornmerci.al units and. residentiaL unitson the Additional Propertyf The pro rata share of such
cornmon expenses of eacll unit owner of a condoniniurn unit onthe Additional Property- shall be the pelcentage undivid.ed
ovrnership interest of such unit owne! j.n the cormon el.ementson the Additional Property, multiplied by a f,raction the
nunerator of rrhich is the total nunrber of square feet in all
cornrnercial uni.ts and. residential units on the Additional-Property, and the denominator of which is the numerator plus
the total number of square feet in al-L commerciaL units andresidential units subject to this Declaration prior to suchrecording. Tbe Bylarrs of the Association shall empower its
board of directors to fix, d.etermine, levy and collectmonthly and speciaL assessments to be paid by the unit
osrners to meet the corunon expenses and to create a contingencyleserve therefor. The Bylaws sha11 also establish the
procedures by which the assessments shaIl be made kno$n to
and paid by the unit owners. Notwithstanding the foregoing,the Managernent Firm, otherfirise the Association, may assess unitowners as provided in the Condominium Declaration based upon
budgeted common expenses subject to adjusu[tents to the actual
conmon expense as soon as they becone known at the close of theAssociation's fiscal year. An action may be brought by the
Associati-on to recover unpaid conmon expenses from the unit
owner liab1e for palment theleof, with or wiLhout forecJ-osingor waiving the lien described in the following paragraph.
All surns assessed but unpaid for the share of
cornmon expenses and management fees assessed. to any cond.o-
:ninium uni,t shalL constitute a. lien on such unit. and uponaJ.I tangible personal property located therein in favor ofthe Association prior to all other liens and encumbrances,except: (i) liens for taxes and speciaL assessmentsi and(ii) the lien of any first morcgage or first deed of trustof record encunbering such condominium uniE. The A,ssociationrslien shall attach from the date when the unpaid assessmentshall become due and may be foreclosed by the Associ.atj.on inlike manner as a mortgage on real property upon the recordingof a notice or claim thereof execuEed bv the Associati.on
e
hF
setting forth the al[oun t. of the unpaid indebtedness. the
flame of the unit owner of, the condominium unit, and adescription of the contlominium unit. In any such foreclosure
the unit ovmer shall be required to pay the costs and expensesof such proceedings, including reasonable attorney's fees.
During the period of foreclosure the unit owner of the
condominiun uni! subject to such action sha1l be requlred to
pay a reasonable rental to the Association. the Associationshall be enfitled to purchase the condoniniuo unj-t at che
foreclosure sale. and to acquire, hold, fease, nortgage or
convey the same.
In the case of a lien against a uni-t owner of Periods
of Use in a Tso residential unit said lien shall be limited
to the Periods of Use ovrned by said unit owner and shall not
encumber the property, real or personal. of any other unit
owner of Perioals of Use in the said TsO residential unit.
where. an Institutional ltortgagee having a first
lien of record, or other purchase! of a condoninium unit,
obtains litle to a condominiurn unit as a result of foreclosure
of the first lien, or erhen an Institutional l4ortgagee with
the first lien of record accepts a Deed to said condominium
unit in lieu of, foreclosure, sueh acquiror of title, its
successors and assigns, shal} not be liable for the sharesof common expenEes or assessment by the !4anagenent Firm orthe Associatj-on pertaining to such Condominiunr parcel, or
chargeabl-e to the fornef unit ovner of such parcel, which
became due prior to acquisition of title as a resuLt of the
forecl"osure or the acceptance of such Deed in lieu of fore-
closure- such unpaid share of conmon expenses o! assessments
sha1l be deemed to be conunon expenses colLectible from all
of the unit owners, incluiling such acquiror, his sugeessors
and assigns. t
Any person vtho acquires an interest in a condominiu:rL
unit, except through foreclosure of an lnstitutional I'iottgageet s
fj"rst li€n of record, or by vj.rtue of an Institutional !4ortgagee
with a first lien accepting a Deed to a condoniniurn unit in lieu
of foreclosure, as specifically provided hereinabove including,without limitation, persons acquiring title by operation of
law, includ.ing purchasers of judlcial sales, shall not be
entitled to occupancy of the unit or enjoyment of the eommon
elements untiL such time as all unpaid assessments due and
owing by the former unit owners have been paid.
No unit owner strall exempt hiflself from liabilityfor payment of his shale of the comnon expenses and maintenance
fees by waiver of the use or enjol'nent of any of the coflunon
elements, by abandonment of his condominium uni.t, or by
operation of any provisioB heleof.
Upon written request of any unit otfier, mortgagee,
prospective mortgagee, purchaser or other prospective transferee
of a condominiun unit. the Association sha11 lssue a written
statement setting forth the amount of the unpaid conlnon expenses,
if any, with lespect to such condominium unit, the amount of thecurrent tnonthly assessmene, the date on which such assessment
became or shall becone due and the amount of any credit for
prepaid expenses. Such statement, for r'rhich a reasonabLe fee
may be charged, is binding upon the Association in favor of anyperson who may rely thereon in good faith. Unless a request for
such staLement shall be complied with lrithin fifteen days after
receipt thereof, all unpaid connon expenses which became due prior
to the date of making such request shal1 be subordinate to the
lien or olher intelesc of Ehe person requesting such statement.
Any party in favor of whom a lien on a condoniniumuniL has been created rnay bu! shall not be required to pay any
unpaid comrnon expense with respect to such uniL, and upon such
- zu-
a
payment such parLy shalL have a Lien on such condoninium uniL
for the amounL so paid of the same rank as the lien therctofore
€xis ting .
In Lhe event the ownershj-p of a condomini-un unit.
title to which is derived from Declarant, commences on a dayother than the first day of the assessment pexiod. the asscss-
ment for that period shall be Prorated.
1,5. Use_ and occupancy.
(a) Residential Units. The unit oltner of a
residentj.al unit shall occupy and use his unit as a singie
famj-ly, private dwelling for himself, rnernbers of his famiLyrinvitees and his social guests and for no other purpose.
Such occupancy and use by any unit ovrner shal1 be in such a
nanner as not to disturb, harass or otherwise interfere with
the peaceful aid quiet enjoyment of other unj-t owners'
occupancy and use of their condominium units. Unit owners
of TSO residentiaL units shalL occupy and use their units
during their periods of use only pursuant to the terms of'
aLI of Lhe. condominium d,ocuments and sha1l in no r,ray or
manner interfere with other unit ownets' rights of occupancy
and use during their Periods of Use of that TsO residential
uni.t or interfere r,rith rights of the Association d.uring
maintenance periods.
(b) commercial Units. CotrEnercial units are intended
and restricted as to use, and shal1 be used. only, for the
purposes which are consistent with and appropriate to the
design of the conalominium property and for which adequate
facilities exist. In addition to and. viLhout liroitation of
the foregoing: t
(1) No -uqit oroner of a commercial uni.t shall
do, or suffer or permit-'to be done, anything Ln ox on any
commercial unit which would impair the soundness or safety
of the condominium project or whieh $ou1d increase the rate
or resul.t in the cancellation of insurance aPPlicable to the
cond.ominir:rn property, or which $/ould. be noxious or offensive
or an interference vrith the peaceful possession and proper
use of other condominiun units, or which would requixe any
alteration of or addition to any of the conrnon elements to
be in compl-iance with any applicable law or regulation, or
which woulal otllervrise be in violation of 1aw.
(21 No unit owner of a comrnercial unit shall
permit his business invitees to use any space nhich has not
been alesignateal on the Conilominiurn I'lap as a conrmerciaL uni!
or that portion of the conmercial linited common elements
use of whi.ch is leasonable necessary for ingress, egress
and use of the comrnercial units.
(3) Declarant or its successors and assigns
of its interests in the connercial units specifically reserve
the right to lease the commercial units anil aLl lessees,
their successors and assigns shall be governed by the terms
and provisions of the condominiurn documents.
(c) ceneral provisions Applicable to AIl Co[doninium
Units:
(l) r'torwi rhstandirg the foregoing, nothing in
this Declaration shal1 be construed Eo restrict the Declarant,
or any successor in interest of the Declarant, from seJ.li-ng
and/or conveying any residential uniE under a plan of TSO,
or any person, group of persons, corporalion, Partnership,or other entity, from sellj.ng, reconveying, or in any other
way, transferring same, at any time under said plan of TsO.
-2r-
t-r
' (2) The unit ovner shall not permit. or suffer'anything to be done or kept in his condominium uniE which
. will increase the rate of i.nsurance in the condominiusrpxoperty, or which rril1 obstruct o! inLerfere with tt:,eright.s of other unit owners, or annoy them by unreasonablcnoises, or otherwise. nor shall che unit owners commit. orpermit any nuisance. immoral or illegal acts in or abui the
condoniniun property,
(3) No animals or pets of any kind shall bekept in any cond.ominium uni! or on the condoninium properey
except vrj.th the written consent of and, subject to the Pules
anal Regulat.ions adopEed by the Management Pirm for the
keeping of said peLs as long as the Alanagement Agreement
remains in effect, otherwise by the Association.
(4) No residential unit owners shall cause
anything to be affixed or attached to, hung, clisplayed orplaced. on the exterior wal1s, doors or windows of the
condominium units or the common .elements, nor shaLL tbey
cause any type of ground. coverage to be installed. nor sha1lthey groe, any type of plant, shrubbery, flower, vine orgrass outsid.e their residential unit, nor shaIl they cause
awnings or storm shutters, screens. enclosures and the f.iketo be affixed or attacbed to any residential- unit, resi-dential- litnited conmon elements, corunercial common limited
elernents, or general colunon e]-ementsi nor shalL they place
any furniture or equipment outside their residential unit
except erith the prior lrritten consent of the llanagernentFi!m, as long as the i4anagement Agreement remains in effect,
otherwise by the Association, and subsequentLy, r"rhen approved,subject !o the Rules and Regulations adopteal by the Hanagement
Firm or Board of Directors/of the Association. No clothesline or similar device shaLl be allowed on any portion. ofthe condominium ploperty,.nor shall clothes be hung an)4Jhele
except where designated" by the l,tanagement Firm, as long asthe ltlaragement AgreeRent remains in effect, othervrise by theAssociation. The resid.ential unit ol.rner may not screen inor enclose any exterior patio which abuts his residential-unit, whele applicable, nor may the lesidential unit orrners
screen in or enclose any exterio! aleck and/or balcony ?Jhich
abuts hj.s residential unit where applicable, with any type
of materj"al without the prior lrritten consent of the ManagementFirm, or the Association.
(5) No person shall use the coruton eleBrentsor any part thereof, o! a condominlum unit. ox the cond.orqiniunproPerty, ot any part thereof, in any manner eontrary to ornot in accordance with such Rules and Regulations pertaining
thereto, as from tj.me to time promulgat€d by the ManagerientFirm, as long as the l{anagement Agreement renains in effect,othenrise by the Association.
(al) Private club Membership. Tbose areas deslgnatedas "Commercial units" on the Condominium llap are units the
ownership of which are herein specifically reserved tofr€clarant, its successors and assigns. It is anticipat€dthat a portion of the commercial units and exclusive commercialli.nited cornmon elernenCs shall be controlled and governed as aprivate :nenbership club anil nerubership therein and, the duties,liabi.lities and obligations conferred by membership shall bestrictly governed by the rules and regulations of said cluband the condoninium documents. Men$ership in this private
club shall not. be restricted to unit owners of condominiumuniLs aE the Vai.l Run Complext provided however, that €veryinitial unil or"rner of a resident.ial unlt sha11 be entitled, uponrequest, to a limited assignable menbership in the sai.d privateclub withou! an initiation fee which membership enLiE.les thesaid resj-dential unit otrner, his farnily and socj.al guests to
er
u'se.aLi. the facilities of the privaEe club. pursuanE to its
fules and regulations which shall include an assessmenL ofperjodic dues and fees for use of the club facilities. Assion-ment of such membership sha11 be limibed and, restriceed to sich'unit ownerrs successor in oernership of his condominium unitbut. such menbershj-p shal1 be effective only duri.ng a unit.o!'rner's right to use his residential unit, A11 unit orrnerssirall have a right to membership in tile club but such rnembershj.pshail be of the same type or class of menbership offered tothe general publj-c for an initiation fee as designatecl bythe rules and. legulations of the Club. The Decl;rant, itssuccessors and assigns have the right, as any other commercialun.r"t oifier, to the general common elements and comnrerciallimited colunon elements, which right sl:all also appty to.all
menlbers of the said private c],ub, their farnilj-es and. sociaLguests r4rho are not unit Ovrners to use the Club facilities asbusiness invitees of the Declarant, its successors andassigns.
L7- Insurance Provi-sions.
A. Liability Insurance,
The l,lanagement Pirm, as long as the ManagementAgreement remains in effect, otherlrise the Association,shall obtain Public LiabLity and Propef,ty Damage Insurancecovering all of the cotnmon elements and alL other property,including personal propelty, of the condominiun project andhsuring the Association, the unit orn'ners and the l4anagementFirm as long as the Management Agreement remains in effect,as its and their interests appear, in such amounts andproviding such coverage as the Managernent Firm, as long asthe Management Agreement remains in effect and, othelwisethe Association, may aletermine from time to time. premiums
for the payments of such irdt:rance shall be paid by theAssociation, and such p-re$iuns sball be charged as a common
exPense.
B. Casualty Insurance.
(1) Purchase of Insurance. The Management Firm,as Long as the Management Agreement rerirains in effect, otherwisethe Association, shalL obtain fj-re and extenaled coverageinsurance and vandaj"ism and malicious mischief insuranee,insuring all of the insurable improvenrents rvithin the condo-
minium property includi.ng personal property ovrned by theAssociatj-on, or included in the common elements, in and forthe interests of the Association, al1 unit orrners and theirmortJagees, as their interest may appear, with an insuroracceptable to the standards set by the Management Firm. as
J.ong as the Management Agteement xemains in effect, othenviseby the Association, in an amount equal to the rnaximum insurancereplacemenb value of the personal propefty owned by theAssociation or incLuded in the conunon el-ements, as determinedannually by the Management Firm. as long as the l'lanagement
Agreement remains in effect, otherwise by the Association.The premiums for such coverage and other expenses in connectionwith said insurance shall be paid by the Management Firm, asLong as the llaflagement Agteement remains in effect, otherwiseby the Association, and sha1l be charged as a conunon expense.
Institutional l.tortgagees owning and hoLdingfirst liens encumbering Condominiurn units in the Cond,ominiumproperty having an aggregale unpaid dollar indebrednessequal to S100,000.00 or more shall have the righc to approvethe policies and the company or companies !,rho are the insurorsunder the insurance placed by the Management Pirm or by theAssociation, as herein provided, and the amount thereof, andthe further right to approve the Insurance Trustee. In theabsence of the action of said l.1or!ga9ees, then the Management
b -23-
IEE
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Firm. as long as the l4anagement Agreement renains in effect.
.otherwise the Associatj-on, shal-1 have said right without
.. qudl ification.
(2) Loss Payable Provisions - lnsurance Trustce.ALI policies purchased by Ehe lvlanagement Firn, or by theAssocietion, shaLL be for the benefit of ani made payablc Eothe Association and all unit ovrners, and their mort.gagr..jes,as their interests may appear. Such Policies sha1l bedeposited with the Insurance Truslee (as hereiaafter defined),
who rnust first acknowledge thaL the Policies and any proceedsthereof will be held in accordance with the terms hereof,Said Policies shalI provj.de that all insurance proceeds
payable on account of loss or damage sha1l be payable to theInsurance Trustee, shich nay be the l{anagemen"! Firrn, the
Board of Directors of the Assocj-ation or any bank in Coloradot ith trust powers or any other qualified person or entity as
may be approved by the Management Firm, as Long as the
Management Agreement remains in effect, otherrise by the Associa-tion, which tlusLee i.s herein referred to as the "InsuranceTrusteert. Mortgagee Endorsements shall be issued, as to saidPoLicies. A11 Institutional .tlortgagees who own and hold aFirst Lien on a Condominiun unit shall have a rlght torecej.ve a certifieal copy of the Insurance Policy(s) which ,
are obtai;ed pursuant to tfris Paragraph 17 an<i the partyresponsible for obtaining said policy(s) sha11 cause certifiedcopies of said Policy(s) to be delivered to such Institutional.
Mortgagees with first l-iens inunediately upon written requestby said t4ortgagee(s). The Insulance Trustee shalt not beliabl€ for the paynent of premiurns nor for the renewal orthe sufficiency of policies, nor fo! the failure to coIlect.any insurance proceeds, nor for the form or content of thepolicies. The sole duty of the Insurance lrustee shall beto recej.ve such proceeds I/' are paid and hold the same intrust for the purposes elsewhere stated herein, anil for thebenefit of the Associatign and the unit orvners and theirrespective mortgagees li the follorring shares, but suchshares need not be set forth upon the records of the InsuranceTrustee:
(a) Co[uron Elements. Each unit owner ofa condominiun unit sha11 have an undivided share of the proceedson account of damage to collJlton e].ements, such share beingthe same as the undivided share in the conmon elementsappurtenant to his unit on the date the damage to the corunon
elements occurred.
(b) Condominiun Units. Proceeals on accoun!of destruction or damage to condomirium units shall be in thefollowing undivided shares:
(i) Partial Destructlon - when condoniniu.rrunits are to be repaj.red and restored for the unit ownersof darnaged condominium units, such repair and restorationshall be in proportion to the cost of repairing andrestoration of the damage suffered by each unit ovneras his damage xelates to the total damage to the condo-
rnini-um units.
(ii) Total Destruction of implovenentsupon condominium propelty, or where "very substantial,'
damage occurs and the improvements upon the Condominiumproperty are noE. to be lestored, as provided hereinafterfor the unit owners of al1 condominium units - each unitownerrs share shall. be in proportion to his share j.n the
common elements appurlenant to his condoninium unit.
(c) Mortgagees. In the event a llortgagee
Endo.rsemen! has been issued as to a condominiun unit, theshare of the unit owner shall be held in trust for themorEgagee and the unit osners as their interests may appear,
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.provided, however, that. no mortgagee shall have any riEhu todeLernine or participate in the determination as Lo whetheror not any damaged property shall be reconstructed or repaired.
(3) Distribution of Proceeds. Proceeds ofInsurance Policies received by the Insurance TrusLee shall bcdistributed to or for the benefit of the beneficial o?rncrs,
and expended or disbursed afger first paying or nakinq provisionfor the payment of the expenses of the Insurance Trustee in thefollowing manner:
(a) Peconstruction or iepair. If the
damage for r.rhich the proceeds were paid is to be repaired orrestored, Lhe remaining proceeds shall be paid to defray thecost thereof, as eJ.sewhere provided. Any proceeds renainingafter d.efraying such costs shalf be distributed to the beneficial
owners - all remittances to unit owners and their mortgagees
bel.ng payable jointly to then. This is a convenant for thebenefit of any mortgagee of a condominiun unit and. may be
enforced by said mortgagee. Said remittances shall be rnadesoleLy to an Institutional Mortgagee with a fixst lien when
requested by such fnstitutional Mortgagee whose mortgageprovides that it has the right to require application of theinsurance proceeds to the pal.ment or reduction of itsnortgage debt.
(b) Failure to Reconstruct or Repair.If it is aleteflnined in the manner elsewhere provided thatthe damage for which the proceeals are paid shall not belepaired and restored, the ploceeds shall be disbursed. tothe beneficial ownersi remittances to unit owners and their
mortqiagees being payable jointly to them. this is a covenantfor the benefit of any mortgagee of a unit and may be enforcedby such mortgagee- Said laittances shall be made solely toan Instj-tutional Mortgagee with a first lien whose nortgageplovides that it has the_right to require application of theinsurance proceeds to dhb payment of its mortgage debt. Inthe event of loss or damage to personal property belongingto the Association, and shoulcl the Board of Directors of theAssociation determine not to replace such personal property
as may be lost or damaged, the proceeds shall be disbursedto the beneficial owners as conmon surpLus, j-n the mannerstated in Paragraph 12 above.
(c) certificate. rn rnaklng distributionto unit owners and. their mortgageesr the Insurance Trustee mayrely upon a Certificate of Management l.irm, as long as the
Management Agreement remains in effect, otherfise theAssociation, as to the narnes of the unit owners and their
respectj.ve shares of the distribution, approved in writing byan Attorney authorized. to practice 1aw in the State of
Colorado, or a Title Insurance Company or Abstracl Company
authorized. to do business in the State of Colorado. Upon
request of the Insurance Trustee, the !,lanagement Firm, orthe Association, forthwith shall deliver such Certificate.
(4) loss Within a SingLe Condominium Unit.If loss shaLl occur within a single condominium unit orunits, $rithout damage to the conunon elements and,/or theparty lralI beLween the condominiun units, the provisions of
Paragraph 5 innediately below shall apply.
(5) Loss Less than "very substantial": I.lherea loss or damage occurs within a condominium unit or units,
or to the common elements, or to any condominium unit orunits and the corrunon elements, but said loss is less than
"very substantiaL". (as hereinafter defined) iL shall be
obl.igaLory upon the Association and the unit ovner(s) torepair, restore and rebuild the damage caused by said Loss.
where such loss or damage is less than "very substantiaL" -
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(a) The t4anagement Firm, as lang as the
l'lanaqement Agxeement remains in effect, othererise theAssbcj"ation, shall promptly obtain reliable anC deLailed- estimates of the cost of repairing and restoration.
(b) If the damage or loss is limiied Lothe conmon elements with no, or minimum, damage or Loss to anyindividual units and if such damage or loss to ehe cor-x.nc nelements is less than $3,000,00, the insurance proceeds sha11be endorsed by the Insulance Trustee over to the ManagementFirm, as long as the l,lanagement Agreement remains in effect,otheririse to the Association, and lhe Manageme;lt Firm, orthe Association, sha11 promptly conLract for the repair
and restoxation of the damage.
(c) If the danage or loss involvesindividual units encumbered by an fnstj.tutional Mortgageewith a first lien, as wel] as the common elements. or if the
damage is limited to the comrnon elements alone, but it is in
excess of $3,000.00. the insurance proceeds shall be disbursedby the Insurance Trustee for the repaj.r and restoration ofthe property upon the written direclion and. approval of the
Iilanagenent Firm, aB long as the Management Agreement rernainsin effectr otherwise the Association, provided, however,that upon the reguest of an Institutional Mortgagee with thefirst l-ien, the h'ritten approvaL shall also be required ofthe said Institutional Mortgagee (s) owni-ng and holding firstmortgages encumbering Condominium units in this condoniniumproject where the unpaid balances due on said nortgages tosaid Institutional- l4ortgagees are equal to $100,000.00 ortnore. Should written approval be requ.j-red, as aforesaid, itshall be said ltortgagees t iluty to give written noticethereof to the Insurance Trustee. The Insurance Trustee trlayre).y upon the Certificate J>f the Management Firm, as long asthe Management Agreement remains in effect, otherwise theAssociation, and the aforesaid Institutional llortgagees'rtritten approval, if sa-id Institutional Mortgageei' approvalare required, as to the payee and the amount to be paid from
said. proceeds. AlL payees sha1l deliver paid bills andwaivers of dechanic's liens to the Insurance Trustee, and
execute any Affidavit required by 1aw or by the trranagementFirm, as long as the llanagement Agreement remains in elfect,otherwise'the Associat.ion, the aforesaid Institutional
Mortgagees and the Insurance Trustee, and deliver same tothe Insurance Trustee, In adalition, to the foregoing, theInstitutional Mortgaqees vrith a first lien whose apploval
may be required, as a foredescribeil, shall have the right torequj.re the Management Firm, or the Association, to obtain a
Completion. Performance and Palmtent Bond, in such form and
amount, and .['rith a Bonding Company authori?ed to d,o businessin the State of Colorado, as are acceptabl.e to the Baid
llortgagees.
(d) gubject to the foregoing, rhe
Management !irm, as long as the Management Agreement remainsin effect, otherwise the Association, shall have the right
and obli-gation to negotiate and contract for the repair andrestoration of the condominium property.
' (e) If the net proceeds of the insuranceare insufficient to pay for the estimated cost of restorationand repair (or for the actual costs thereof if the woxk hasactually been done), the l.lanagehent Fj-!m, as long as the
l.lanagement Agreement remains in effect, otherwise the Association,sha1l promptly, upon determination of the deficiency, levy aspecial assessment against all unit owners in proportion tothe unit owner's share in the connlon elements, for that' portionof the deficiency as is attributabte to t.he cost of restorationof the corunon elemenEs, and against the indiviCual. orvners forthat portion of the deficiency as is aCtributable to his individual
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.unitt provided. hovever, that if the ManagemenL pirm, as long as
. the Management Agreement remains in effeci, otherwise lheAssociation, finds that it cannot delermine vrith reasonablecertainty the portion of the deficiency attributable to asPecific individual damaged unir(s). then the l4anagementFirm' as long as the l4anagement Agreernent renains in effect,otherwise the Association, shall 1c./y an assessnent for thetotal deficiency against all of the unit or.rners in proporrionto the unit ownersr share in the cor,Lrnon elements, iust asthough all of said damage bad occurred in the colnmon elemenEs-The special assessment funds shal.I be delivered by the
Managenent Firrn, or the Association, to the insurance Trustee,
and added by saj-d Insurance TrusLee to the proceeds availablefor the repair and restoration of the property.
(f) No mortgagee shall have the ri.ght torequire the application of insurance proceeds to the palmentof its loan.
(6) "Very SubstanLial" Damage: As used inthis Declaration, or ahy other context dealing with this
condominiurn project, the term, "very substantial" alamage,shall mean loss or damage h'hereby thxee-foulths (3,/4ths) or
more of the total condorniniurn unit in the condoninium projectis fend.ered. untenantabLe, or loss or damage whereby seventy-five percent (758) or rnore of the total amount of insurance
coverage becomes payabLe. Shoulal such I'very substantial"
damage occur, then:
(a) The Management Firm, as long as the
Management Agreement remains in effect, otherwise the Associationshall promptly obtain reliable and detailed estimates of thecost of repair and restoration thereof.
-(b) The l,lanagement Firm, as long as the
l4anagement Agreement rEma-ins in effect. otherwise the Association,shall ascextain as pronltly as possible the net arnount ofingurance proceeds available for restoxation and repalr. Nomortgagee shal1 have the right to lequire the appl.icatj-on ofinsurance proceeds to the pa:qnent of its loan.
(c) Thereupon, a mernbership meeting shall
be called by the Management Firm or by the .Association, tobe held not later then thirty (30) days after the casualty.to d.eternine the wishes of the membership rrith reference tothe termination of tbe condominium project, subject to thefollowing:
(i) If the net insurance proceeds
available for restoration and repair are sufficient tocover the cost thereof, so that no specj-al assessmentis required, then the condominiun property shaLl berestored and. repaired, unless two-thirals lz/3xds, otthe total votes of the members of the Association shal1vote to termj.nate this condominium project, in whlchcase the condominlum property shall be removed fromthe provisions of the law by the recording of an instrumentterminating this condominium project in the public
Records of the Countv in which this cond.oni.niurproject is located, ;hich said instrument shatl furtherset forth Ehe facts effecting the termination, certifiedby the Association and. executed by j-ts president andSecret.ary. The termination of the condominium projectshall become effective upon the lecording of saidinstrument, and the unit owners shaLl thereupon becorne
oerners as tenarls .in common in lhe condorniniun property,
and t'hei! undlvided interests in the condominium propertyshall be the same as their undivi.ded interests in the
common elements of this condominiu.n prior to its cermi-na-
te-
' tion, and. the mortgages and liens upon condominiurn
, units shall become mortgages and liens upon the undivided, interest of such tenants in common, with the same' priority as existed prior to the termination of the. condominiurn proj ect.
(ii) If the net insurance proceedsavailable for restoration and repair are not sufficicntto cover the costs thereof, so that a special asscssmcntwill be required, and if a majority of the total voLes
of ttre menbers of the Association shall vote against
such special assessment and to terminaLe ihis condoniniunproject, then it shall be so terminated and the condominiumproperty removed fron the provi.sions of the 1aw as setforth above, and the unit owners shaLl be tenants in
common in the condoninium property in such undivided
interests anil all mortgages and liens upon the condominiumunits shaLt encumber the undivi.ded. interests of such
tenants in comnon, as is provided above. In the event
a majority of the total votes of the members of tfreAssociation vote in favor of special assessments, the
Managetnent Firm, as Long as the Management Agreement
rernains in effect, otfrerwise the Association, shalljmediately Len/ such assessment and, thereupon the
Managemeht Firm, as long as the llanagement Agleement
renains in effect, otherwise the Association, shallproceed to negotiate and contract for such repairs andrestoration. subject to the provisions sei forth hereinabove. The special assessment funas shaIl be delivereal .:
by the Management Firm or by the Association, to theInsurance Trustee and aild,ed by said Trustee to th€
Proceeds available for the restoration an<i repair of
the Condominj-un property. The proceeds sha1l be
disbursed by the Insurance Trustee for the repair andrestoration of the prEErtyr ds provided above.
(d)' In the event any dispute shall arise
as to whether or not "v€iy substantial" dlanrage has occurr€d., itis agreedl that such a finding made by the llanagement firm, aslong as the !,lanagement Agreement remains in effect, otherwiseby the Association, shalt be biniling upon all unit owners.
(71 Surplus. It shaLl be presuned that the first
monj.es disbursed j.n payment of costs of repair and restorationshal.l be from the insurance proceedsi and if there is a balancein the funds held by the Insuranee Trustee after the pa)ment
of costs and the repair antl restoration, such balance sha1l bedistributed to the beneticial owners of the fund in the manner
else$rhere plovided herein.
(8) Certificate. The Insurance TrusLee may rely
upon a Certificate of the Management !irn, as long as the
Management Agleement rernains in effect, otherwise the Association,certifying as to whether or not the damaged condominiumploperty is to be repaired and restor€d. Upon request ofthe Insurance frustee, the Managenent Firn, or the Associalionshall forthr,rith deliver such Cerlificate.
(9) P1ans and Specif ica t.ions . Any lepair and
restoration must be substantially in accordance with thePlans and Specifications for the original building, or asthe building lras last constructed, or according to the plans
approved by the Management Firn and the Board of Directors
of the Association, whj.ch approval shali. not be unreasonablywithheld. If any material or substantial change is contemplated.. the approval of all Instituliona1 lllortgagees wi'.h a firstLien upon any part of the condominium propelty shall al.so berequired.
(10) Association's Power to compromise Clairn: The
Management Firm, as long as the llanagement Agreement remains
EG
j.n effect, olherwise, the Associat.ion, js hereb7 irrevocably
appoi.nted Agent for each unit owner, for the f,urposes ofbompromising and settling clains arising under Insurance
. Policies purchased by the Managemen t Firn or bZ the Association,and to execute and deliver releases thcrefor, u_oon thepayment of claims.
(ff) Institutional }tortgagee's Righi- io AdvancePremiums. Shoul,d the Association fall to pay such premituns
rehen due, or should the Association fail to co:-.rly with otherinsurance reguirements of the InstitutionaL Mar-,gagee holclinqthe greatest ilollar volume of condominiun unit nortgages,said InstitutionaL Mortgagee(s) shal1 have the right, at itsoption, to order insurance policies and to adr,rance such sunsas are requireal to maintain or procure such insurance, and.to the extent of the money so advanced, said r.ortgagee shal1be subrogated to the assessment anil Lien rights of theAssociation as against the individual unit owners for thepaynent of such item of connon expense-
of law.
Workmen's Compensation PoLicy to meet the requiremen ts
b
D. Such other insurance as the Management Firm, as longas the llanagement Agreement remains in effect, otherwise theAssociation, shalL d.etemine from time to time to be desirabl-e.The Management Firm, as long as the l4anagement Agreementremains in effect. othererise the Association, nay obtaininsurance policies as provided under this paragraph $rhichcontain such deductible clauses and anounts as the Managementllrm or the Association d.etermines.
E. Each individual unit owner shal.l be responsible forpurchasing, at his ow:r expgFse, liability insutance to cove!accid.ents occurring lrithinThis own unit, and for purchasinginsurance upon his own ?€rsonal property.
F. If available, and where applicable, ihe ManagementFilm or the Association, shal,l endeavor to obtain policies
which provide that the Insurer waives its rigbt of subrogationas to any claims against unit owners, the As;ocj.ation, tieirrespective servants, agents and guests, anil the ManagenrentFirm- Insurance CorRpanies authorized to do business in theState of Colorado sha11 be affirrnatively presur:ed to be good,
and responsible companies and the Management Firm andl theAssociation sha11 not be responsible for the quality orfinancial responsibiJ,ity of the insurance companies provided,
same are licensed to do business in the State of Colorado,
G. Insurance on TSO Residential units. The llanagementFirm. as long as the &lanagement Agreement remains in effect,othenrise the Association, shal-1 obtain ca6ual-,y and liabilj.tyinsurance, ds needed, on all TSO residential units. Eachsuch policy shal1 reflect the respective interests of theManagement firm, the Associati.onr and all unit owners ofpeliods of use in each such TSO residential un1i. Casualtyinsurance shall be in an amount equal to the maximurn insuriblereplacement value of the TSO residentiaL unj-t and the personalproperty therein without deduction for depreciation asdetermined annually by the Uanagement Firm, as long as theManagement Agreement remains in effect, other$ise by theAssocj-ation. The premiums sha1l be a parb of the MtintenanceFee. AII losses thereunder shal1 be payable to the InsuranceTrustee in accordance with this paragraph lZ, A11 suchproceeds shall be used for the purpose of repa!-r or repLacemen!of any loss, or in the event such loss is not io be repairedor replaced, as determined elsewhere, !o be divided amongall unit owners of periods of use in such TSO residentiai. unit inaccordance with their percentages in the remai.nder interest.Any deficit or overage in such proceeds, after repaj.r or
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repl.icement, shall be divided equally among all such ownersof periods of use in thae TSO residential unit, Deficitsshall be treated as part of the maintenance fee nexL due.
H, Notr^ri Lhs Landing any of the provisions of thisParagraph 17, the l"lanagement Firm, as long as the t4anagenent
Agreenent remains in effect, othervJise thc AssociaLion, sha11obtain any and all- oeher insurance which it dcens neces3aryj.n its discretion to protect the condominj.um projecE and thecost of such insurance shaLl be assessed to the unit olrnersas provj-ded in the Condorninium Documents.
18. Appointnent of Atlorney-in-Fact. Each unit ovher
by his accePtance of the deed or other conveyance vestinq inhim an interest in a condorninium unit does irrevocablyconstitute andl appoint (a) the Association with full powerof substitutlon as his true and lavrful attolney in his name,place and stead, to deal wi.th such interest upon damage to ordestruction, obsolescense. or condernnation of any buildingor real property as provideil herein, and (b) the Declarant.eo long as he retaj-ns an ownership interest in the Premisesor improvements thereon, with futl poh'er of substitution ashis true and lawful attorney in his narne, place and slead to
aleal with such interest in order to effectuate the reservationcontained herej.n, each with full po!"rer, right and authorizationto execute, acknowledge and deliver any contract, deed orother instrunent affecting the interest of such unit owner
and to take any such action which the Assocj.ation or Declarant
may consider necessary or aalvisable to give effect to theplovisj.ons ot this Declaration. If requested to do so bythe Association or Declarant, each unit owner shall execute
and deliver a written instrument confirming such appointment.
19. Obsolescence. /
(a) ff at ariy -time the unit owners of 85? or noreof the common elements appultenant to condominium units inthe building covered by this Decl"aration and all firstlienors with intelests in such building shal-l agree that
such buildlng has become obsolete and shal1 approve a plan
for its renovation or restoration, the Association (as
attorney-in-fact for the ownels with interests in suchbuilding) 6ha11 pxomptly cause such renovation and. restorat.ionto be made according to such p1an. AlL unit or.;ners rri thinteres! in such building shal1 be bound by the lerms of
such plan, andl the costs of the work shall be an expense of
such unit owners only and shall- be assessed and paid by suchunit orvners in the propoltions of their respective interestsin conmon elements appurtenant to their respectlve condor.riniumunits in suct) building. No unit ovrner of a condominium unitin any other building other than the building being renovatedor restored shall be required to pay any of the costs of
such renovation or restoration on account of such ownership.
' (b) If at any time the owners of 859 or mole ofthe conunon elements (including common elements on any AdditionalProperty). and all first lienors shal-l agree that any of theimprovements constituting the comnon elenents have becomeobsolete and shall approve a plan for thei! renovation anilrestoration, the Association (as attorney- in- fac t for theunit owners ) shal1 Promptly cause such renovatiOn to be madeaccording to such plan. AlL unit owners shall be bound bythe terms of such plan, and the costs of the work sha1l be a
common expense, to be assessed and paid as provided herein-
above .
(c) If at any ti.me the owners of 853 of the commoneler1|ents (including comrnon elements on any Additional Ploperty)
and alL first lienors shall agree that the buildings have
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becorle obsolete and should be so1cl, the Association (as aLtorney-.ln:fact for the orvners ) shal1 prompLly record in Lhe real estaterecords of Eagle County, Colorado, a notice of such facts, andshall sell the enlire condominium property, free and clearof the provisi.ons of this Declaration and Lhe Conciominiurn
l'lap and any Supplemental Declarabion and Supglenental !4aI),which shal.l wholly termj.nate and expile upon the closing of
such sa1e. The proceeds of such sale shall be collected bythe Association, applied first lo the payment of expenses ofthe sale, and then dlvided among all unit or.rners of atI
condomj.nium units on the condominium property subject at thetime of such sale to this Declaration (including all .p.dditj.ona1Froperty), such d.ivision being made as follows: first, theAssociation shaLl determine the portions of the net sales
proceeds ilirectly allocable to the condo$inium property (and
coromon elements therej-n) initially subject to this Declarationand to each separate parcel of Adalitional Property (and
colmon elements therein) subjected hereto by one or noxe
Supplemental Declarations, and sha11 divide the net salesproceeds in accord.ance lrith such determinaLion (each separateportion of the net sal.es proceeds as so divided being herein-after referred to as a "Poxtion of Proceeds", and each separateparcel of property, and cormon elenents therej.n, subject.hereto at the time of sale, whether subjected initialJ-y bythis Declaration or by any SuppLemental Declaration, uponthe proportional value of which the Association determined
each Portion of Proceeds being hereinafter referred to as a"Parcel"). In connection wj-th such determination. theAssociation nay rely on a divisj.on agreed to in writing bythe Association and. the purchaser or purchasers of theentire real property at or priior to the sale thereof, or theAssociation may retain one or nore qualified real estateapplaisers to advise on tt5. allocation of sucb n€t proceeds for
such purposes, the cost, of which shall be deemed an expenseof the saLe and paid otrt -of the sales proceetls prior !o divisioninto Portions of ProceeAs, but the Associati.on sha1l not berequixed to retain any such real estate appraiser and the
alelermination of the Association made in good faith shal1 notbe subject to cbal-lenge by any unit owner. Each Portion of
Proceeds shall then be divided by the Association among theunit owners of all condominium units appurtenant to each
ParceL, according to their undivided interests in the ParceL/
and paid into sepalate accounts, each representj.ng one such
condominium unit. The funds in each account (r.rithout contli-bution from one account to another) sha1l be applieal andpaid by the Association in the manner provided herein.
20. Condemna t ion -
(a) If the enLire real property shall, including allAddj-tional Ploperty, be taken for any public or quasi-public use,under any statute, by right of eminent domain, or by purchasein lieu thereof or if any part of any building coverect bythis Declaration or any SuppLement hereto sha11 be so taken,or if any part of the land shall be so taken and the part
remaining shal1 be insufficient for purposes of the condoniniunrproject, the Association (as attorney- in- fact for the unitowners) shall collecL the award made in such taking andshall seII the part of the land remaining after the taking,if any, free and cleax of the provisions of the Declarationand the Condoninium llap and all SupplernentaL DecLarations
and Suppiemental Uaps. Such provision shall wholly terroinateand expire upon the recording of a noti.ce by the Assocj-ationsetting forth alL of such facts. ?he ai./ard and the proceedsof such sale, if any, shalI be collecLed, applied and divided
among the unit owners by lhe Association in the manner
Provided.
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(b) If such taking shall be parrial on1y, or ifro'part of any building shall be takcn, and if lhe remaininc,,, part of the condominium property shatl be sufficient for tn6purposes of this condominium, the Association (as attornev-in-fact for the unit owners) shall coLlect the award andsha11 promptl.y and without delay cause the condominium projectnot so taken to be restored as nearly as possible to itscondition prior to the taking, appiying the alrard to tharpurpose. In tlte event the condorniniun property so taken j-s
condominium property designated. as CommerciaL Unit, a1i.proceeds collected shall be awarded to the colrunercial unitowner of such condominium property taken. Any part of thear.rard not required for such restoralion shaLl first bedivided into portions directly allocabl.e to the portions, ifany, of the taken condominium property situated lrithin thecondominiurn property initially subject to this Declarationand within each separate parcel of Additional Propertysubjected hereto by one or more Supplemental Declarations,in the manner provj-ded herein and then each so divideclpoltion of the remaining arvard proceeds shall be furtherdivided by the Association and paid over to and among the. unit owners of condominj.um units appuxtenant to.that part ofthe taken condominium property representeal by such po;tion.of the remaining ar,rard. proceed.s in proportion to such unltownersr respective percentage interests in the comnon elementsappurtenant to thei! condominium units.
2L. Quality ot Work- Any repairs, renovation or
res to ra t ioiEETEE-E6id6friniurn piopelty coveled by thisDeclaration by the Association as attorney- in- fact for theunit ot ners sha1l be done in such tnanner as to make the
condomini.um ploperty at least as vaLuable after such r.rork asit was immediat.eLy before rthe occurrence requiring the workto be done.
22. 4nrendment or -IeMilglien, This Declaration may bealllended as tollows:
(a) by Decfarant at any ti.me prior to the organizationof the Association lrith the approval of 5lt vote of all owner-shj.p interests other than that o! the Declarant, and.
(b) this Declaration may be amended after theorganization of the AssociaLion ai herein provided at anyregular or special neetlng of the unit orrners of this condo-minium project., called and convened in accordance lrith theBy-laws, by the affirnative vote of Voting Members castingnot Less than fifty-one (518) of the voting rights of thetotaL Voting units of the members of the Assocj.ation.
All amendnents shall be recorded. and. certified asrequLred by the Act. No amendment shalL change any condom-inium unit, nor a cond.otninium unit,s ploportionate share ofthe corrnon expenses or common surpLus, nor the voting righ:saPPurtenant to any unj.t, unless the record unit otrner(s) thereof,and all record owners of mortgages or other volunEarilyplaced liens thereon, sha1l join in the execution of theAnendment, No Anendment shall be passed which shal1 inpairor prejudice the rights and priorities of any nortgages orehange the provisions of this DecLaration lrith respect. toInstitutional tlortgages without the written approvat of alIFirst Lienors of record.
No Anendnent shall change the rights and privilegesof the Declarant and/or the ltanagement Firm without- theapplicable partyrs wr i t. ten approval.
Notr,ri ths tanding ehe foregoing provision of thisParagraph 22, t'he Declarant reserves the riqht to chanqe the
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intetior design and arrangemenl of all condominium units ancl'.to alter the boundaries between uniLs, as long as thepeclarant o!.rns the condominium units so alterea,. hor/ever, nosuch change shal,l increase the nunber of condominium unitsnor allex the boundaries of the comnon elements, exceDe theparLy wa11 between any condominium units, without Amendmentof this Declaration in the manner hereinbefore sel forlh inthis Paragraph 22. If the Declarant shall make any changein condominium units, as provided in this paragraph. sashchanges shaLl be refLected by Lhe Anendnent of thj_s Declarationwith a map attached, reflecting such authorized alterationof condorniniun units, and said Anendment need only be executedand acknowledged by the Declarant and any holders of Instituhionalllortgages encumbelj.ng the said altered units. The Surveyshall be certified in the manner required by the Condominiu:nAct ,
This condlominlurn project may be voluntarj.ly terminatedvrhen there has been I'very substantial,, damage, as defined inParagraph 17 above, thj.s condominiur shall be subject to
. termination as provided herein, and in this event, theconsent of the Managenent Firm shall not be required,. Inaddition thereto, if the proposed voluntary termination issubmitted to a meeting of the nembership of the Association,prrsuant to notice, and. is approved in writing within sixty(60) days of said neeting by rhree-fourths (374ths) of thJtotal vote of the menbers of the Association, anal by atlInstitutional Mortgagees, and the Management Firm, then theAssociation and. the approving unit owners, if they d.esire.shall have an option to purchase all of the condominium unitsof the other unit owners within a period expiring one-bundred twenty (J-20) days from the date of such meetinq.Such approvals shalL be irrevocable until the expirati6n ofthe option, anal if the opqjpn is exercised, the lpprovalsshaLl be irrevocable. The- option shal1 be exercised upsnthe follor.rlng terms : _. .
A. Exercise of Option. An Agreement to purchase,
executed by the Association and/or the record unj_t owners ofthe condomtnium units who will participate in the purchase,sha1l be delivered. by personal deJ-ivery or mailed by Certifj.edor Registered Mail to each of the record. unit or.rners of thecond.ominium units to be purchased, and such delivery shallbe deemed the exercise of the option. ihe Agreement shallindicate which condorninium units will, be purchased by eachparticipating unit owner and./or the Association, and shallrequire the purchase of all cond.ominiurn units owned by unitownels not approving the termination, but the Agreementshall" effect a separate contract between the seller anil hi.s
!,qr err4-e! '
B. Price. The sale price for each condominiumunit shall be the fair market value determined by agreementbetween the seller and the purchaser within thirty (30) alaysfrom the delivery or maili.ng of such Agreement r ancl in the-absence of agleement as to price, it sha1l be determined byAppraisers appointed by the presj.ding Judge of the DistriciCourt in and for the area whelein the Condominiurn is tqq3;s4,on the Petition of the seller. The expenses of appraisalshall be paid by the purchaser.
fn the case of a ASO residential unit, ths s61sprice of each period of rse shall be that portion of thetotal purchase price for said unit whj.ch is equal to thernterest of the unit owner of said period of use as setforth in the original deed setting up said TSO.
C. Payment. The purchase price shall be pai.d incash.
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' D. Closing. The sale shall be ctosed withinthirty (30) days follovring the deEernination of the sale
Prrce.
23.fersonal Property for Cornmon Use. The AssociaLion
may acquire, by purchase, Lease or oLherwise, and hold forthe use and benefit of all the condominium unit. owners,real, tangible and intangibLe personal property anil nay
dispose of the same by sale or oLherwise and the beneficialinterest in any such property shall be owned by the condominiumunj-t or.rners to the extent, at the time of such acquisition,in the same proportions as their pro rata liability for
common expenses as provided herein as of the time of suchacquisition, and shall not be transferable except with atransfer of a condominiun unit. A transfer of a condominiumunit sha11 transfer Lo the transferee orrnership of the tlansfelortsbeneficial intLrest in such property without any referencethereto. Each unit owner of any condominiurn unit at any
tj.ule nay use such property in accordanee Hith the purpose ofwhich it is intend.ed., nithou! hindering or encroachi-ng uponthe larrful rights of the other unj-t owners, The transfer oftitl-e to a condomini-um unit under foreclosure shall entitldthe purchase of the beneficial interest in such personalproperty associated with the forecloseal condominiurn unit.
Any personal pf,operty so acquired by the Association shallnot be commingled with the personal- property of a unit olrnerof a TSO residential unit nor shall it be used by any unitonner of any condominium unlt for his own private purposes.
24. Registration by Owner of Mailinq Address. Eachunit owner theAssociation, and except fc#nonthly statements and otherroutine notices, aLl other notices or dernands intended to beserved upon the unit orrjter. shall-be sent by either registeredor certj.fied. nall, postage prepaid, addressed in the name ofthe unit owner at such legislered mailiag address. Al.1notices, demands or other notices intended to be served. uponthe Association shalL be sent certiflecl mail, Fostage prepaid,to the address of the Association as designated by the eylawsof the Association.
25. Duration of Condominiun Or.rnership. The separateestates crffi Condominium llapshall continue until t}ris Declarati.on sha11 be revoked oruntil its provisions shatt terruinate a6 provided helein.
26. Architectural Control , No building, fence, va1lor o th e r s EiuEer:rifri5GfrE1-I-TE-6ne nced, ere c t ed or rna i n t a i ned
upon the condominiurfl ploperty, nor shall any exterior additionto or change or alteration therein be made until the plans
and specifications showing the nature, kind, shape, height,color, material, and location of the sane shall have beensubmitted to and approved in writing as to harrnony of externaldesign and location in relation to surrounding structures andtopography by the Board of Directors of the Assocj.ation, orby an architectural corunittee composed of three or more
represen t a tj.ves appointed by the said 8oard,
27. l4anagement Agreement.
The Association may enter into a Managerient Agreement,pursuant to the provisions hereof.
The Associatj.on may delegate eo the Management Firmthe polrer of the Association, through its Board of Directors,to dctermine the Budget, make assessments for common expensesand collect assessments. Each unit owner, his heirs. successors
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and assigns, shall be bound by said ltanagement Agreeroent for.the purposes therein expressed, including but no! limited tor
" (1) AdoPting, ratifying, confirnj-ng and consentingto the execution of said Management Agreement bZ the l..ssociaLion.
(2, Covenanting and promising tc perform each
and every of lhe covenants, ptomises and under.-al-ings to bcperforned by unit ovrners in the cases provided --herefor insaid Management Agreement.
(3) Ratifying, confirming and approving each
and every provisj,on of said Hanagement Agreemen-., and acknorr-
J-edging that all. of the terms and provj-sions tiereof are
reasonable.
(4) Agreeing that the persons acting as Directors
anil Officers of the Association entering into such an Agreement
have not breached any of their duties or obliEations to t}IeAssociation,
(5) It is specifically recognized that some ora1l of the pexsons comprising the original tsoard of Directorsof the Association, may be stockholders, of fj-cers anddirectors of the Management Firm, and that such circutnsbaniesshall not and cannot be construed or considered. as a breach oftheir duties and obligatlons to the Assoaiation, nor aspossible glound.s to invalitlate such Managenrent Agreement, in
whole or in part.
28. General Reservations.
(a) Declarant reserves (i) the right to dedicate
any access roads and stre€#b serving thi.s condonini.um project
or any add.itional property for and to pubLic use; (ii) theright to establ-ish ease$ents, reservations, exceptioqs and
exclusions consistent lrith the condominium ownership of the
condominiun project and. for the best interests of the condo-
ninium unit ovmers anil the Association, and (iii) an easementover and across the comnon elenents, to the extent necessary
for construction of ailditional improvements or improvementsinitially contemplated. hereby.
, (b) (i) Notwithstaniling any provisions expressly
or inpliedly to tbe contrary contained hexein or expressly
or itnpliedly contained. in any other condoninirm document., the
Decl.arant retains and reserves the right to exercise the rights,duties and functions of the Board of Directors of the Association
and shal-l be the Boald of Directors of the Association untileighty-five percent (85$) of the resialentiaL units in the
condominiun project have been sold, unl.ess the oeclarant has
agreed otherwise i-n writing. l|ny reference herein to the
Board of Directors of the Association, Associaiion, or an
agency of the Association shall apply to the Declarant prior
to the sale of eighty-five percent (853) of the residentialunits in the Condominium project and all of the rights.
duties and functions of the Association shall be the rights,duties and functions of the Declarant. During such period
of development and sales, the monthly assessment for sonrnon
expenses and maintenance fees as provided in Paragraphs 12.
13 and 15 herein shalL be based upon the estinated annual.costsr and shalL not include any estitnated amount for contin-gencies, reserves or sinking funds except as nay be required
herein -
(ii) Notwithstanding any provisions expressly
or inrpliedly to the contrary contained herein or expressLyor impliedly conbained in any other condominir$ docurnenL. wj.th
respect to Additional Property, the Declarant retains and
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.reseives the right to exercise the rights, dut.ies and funcrions6f .tfie Board of Directors of the Association for the A(iclitionatProperLy as more full-y set forth in lhe Bylaws of the Associa-
' tion and shall be the Board of Directors of the AssociaEionfor Lhe Additional Property unLil eight-five percent (851)of the resj-dential units in the entj.re Additional property
have been sold. unless the Declarant has agreed otherwise inirrj.ting. Any reference hercin to the Board of Dircctors ofthe Association, Association, Management Firm or an agencyof the Association shalL apply to the Declarant prior to thesale of eighty-five pelcent (85S) of the residential uni.tsin the AdditionaL Properties and all of the rights. duties
and functions of the Association shall be the rights, dutiesand functj.ons of the Declarant. During such period of
development and sales, the monthly assessment for comnon
expenses and maintenance fees as provided in Paragraphs 6, ?,8, !2, 13 anal 15 herein for the Adalitional Property shall bebased upon the estimated annual costs, and shall not includeany estimated amount for contingencies, reserves or sinking
fund.s except as may be reguired herein.
29. lliscellaneous
(a) If any of the provisions of this Declarationor any paragraph, sentence, clause, phrase or h'ord, or theapplication thereof in any circumstances be invalidated,such invalitiity shaLl not affect the validity of the remainder ofthis decl.aralion, and the aFplication of any such provi.sion,paragraph, sentence, clause, phrase or $ord in any othercilcumstances shal1 not be affected thereby.
(b) The provisions of this Declaration shall be inaddition and supplemental 46 the Condominium ownership Act ofLhe State of Colorado and to all other provisions of 1aw.Declarant reserves the l(ight to afiend or supplement thisDeclaration the Condominiun Map and any and all other documentsrelating to the Vail Run Complex so that they conform to any
changes to the present law.
(c) Whenever used herein, unless the context requiresothervrise, the singular nurnber shaLl include the plural, theplural the singular, and the use of any gender shal1 includeall genders.
(d) A1l" provisions of the condorniniurn documentsattached hereto, and atnend$ents thereof, shall be construed ascovenants running vrith the 1and, and of every part thereof andinterest therein, including but not limited to every condominiumunit and the appurtenances thereto, and every unit owner andoccupant of the property, and any part thereof. or of anyinterest therein. and his heirs, executors, administrators,successors lepresentative, and assigns, shaLl be bound byall of the provisions of said Declaration ahd Exhibj-te
annexed hereto and any Arlrendment thereof.
(e) If any of the provisions of the condominium
documents or of the Condominium Act, or any section, clause,phrase, word, or the apptication thereof, in any circumstance,is heLd invalid the val-idity of the remainder of the condo-
minium docunents and the Conclominium Act, and the applj"cationof any sucb provision, acti.on, sentence, clause, phrase orwork, in ether circumstances, shal1 not be affected hereby.
(f) Whenever notices are required to be senthereunder, the same may be delj.vered to unit or.rners either
Personally or by mai1, addressed to each unit olrner attheir pLace of residence in the condominium, unless the uni-t
h:- 35 -
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. owier has by written notice duly receipted for, specificd a'different addresg, Proof of such nailing or personal
._deiivery by the Association or Managernent Firrn shall be
,. given by the Affidavit of the person rnailing or personally. delivering said notices. NoLices to the Associati.on shall
be delivered to the secretary of the Association, at the
Secretaryrs address of the Association, or in case of the
secretary's absence, then the President of the Association
. at his addregs aE the Association, and in his absence, any
member of Ute Board of Direclors of the Association at the
address of the Association. Tire change of the mailing
address of any party as specified. herein sha11 not require
an AnendRent to lhis Declaration.
Notices to the Declarant sha1l be deLivered
by mail at:
CoLorado Investment Services, Inc,'Vaj-l Run Resort CorlEnunity
1000 Lionrs Ridge loopVail, CoLorado 81657
. Al.l- notices shall- be deemeil and considered
sent nhen deposited in the United States mail, addressedto the proper addressee r,rith adequate postage affixed thereon.
Any party rnay change his or its mailing address by \,rritten
notice, duLy receipteil for. Notices required to be given
the lrersonal replesentatives of a deceased owner or devisee,
when there is no personal lepresentative, may be d,elivered
either personally or by mail to such palty, at his or its
address appearing in the records of the Couxt r.rherein the
estate of such deceased unit owner is bej-nq administered.
The change of the maj.ling aaldress of any party, as specified
herei-n, shai.l not require tn amendment to the Declaration.
!'or the'purposes of this paragraph, noticesshal1 be sent to the un-if o$rners of aLl periods of usewithin a specific Tso residential unit at each such period
oi use ownerrs place of residence on file lrith the Assocj.ation.
(s) The Declarant shaLl have the light to use aporlion of the conmon elements of the condominium property
for the purpose of aidi.ng in the sa!.e and l-easing of condo-niniun units including the right to use portions of the
condominium property for parking for prospective purchasers
and lessees and such other parties as Declarant detelmines.
The foregoing right shall mean and include the right todisplay and erect signs, billboards and placards and. store,
k€ep and exhibit same and distribute audio and visual promotional
naterials upon the cornmon elements of the condominium property.
Notrrithstanding any provision of this Declaration, the
Declarant sha1I have the paramount right in its sole discretionto use any unsold Condominium Unit as a sales offj.ce until
Decenber 31, 1980, and said Declarant shall not be requ!-redto pay for the use of saiil condominiurn unit therein.
(h) Should the Association o! the ttanagernent Firm
on behalf of the Association, or on its own behalf, find it
necessary to bring a Coutt action to bring about compliance
with the lar.r, this Declaration upon a finding by the Courtthac the violation complained of is willful and deliberate,
the unit owner so violating shall reimburse and Management
FirR and the Association for reasonable attorney's fees
incurred by it in bringing such action, as delermined by
the Cour E.
(i) The captions used in the condominium documentsare j-nserEed solely as a :natter of convenience and shall not
be relied upon and,/or used in construing the efEect or neaning
of any of the text of the said condominium documents.
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b
(j) The condominium unit owners, by virtue of their. acceptance of the Deed of conveyance as to their conclominiumunig. and other parties by virtue of their occupancy of unilshereby approve the foregoing and al] of the terns and condi-tions, duties and obligations of the condomj.nj.urn documents
and Exhibits attached thereto.
(k) The real property submitted to cond.ouriniurn
ownership herewith is subject to all matters of recordincluding conditj.ons, limitations, restrictions, reservations,
and the lights of the united States of .a,rnerica. the Stateof Colorado or any governmental authority or agency, taxes,aPplicable zoning ord.inances, land use regufations, easemenlsfor ingress and. egress for pedestrian and vehicular purposes,
and easements for ulility s€rvice anal drainage.
(1) The Condomini.um Associat,ion and. its members,the Declarant, its successors and assigns and designees, byvirtue of the execution of the condominlun documents, are
herceby granted an easemenl over, through and across thegeneral comrnon elements and. non-exclusive residential lit0ited
comnon elements, non-exclusive cornmercial limited conmon
elements other than the parking spaces, for vehicular analpedestrian purposes. The residential unit owners are furthergranted a pedestrian easement over and across the general
conunon elements, residential Lirnited comjnon elements and the
non-excLusive cornrnercial limited conETron elements of the
Condominiun project other than exclusive residential- and
comrnercial liniteil conrmon elements vrhich may be a patio,
deck o.r balcony, tennis courts or swinming pool as designated
on the Condominiun t'{ap.t(n) In order to insure the Vail Run complex with
adequate and uniform r.rdte_r service and sewerage disposalservice, the Declarant;hall anil hereby reserves the excLusiveright to contract for the servicing of said condominium project
and the unit owners therein and the vail Run compLex with saialservices. Pursuant to the aforegoing, the Declarant has, wiLl-
or may contract with any utility company which may includ.e amunicipal or govexnmental agency or authority for thefurnj.shing of said services and the Association and unit
ovtners agree to pay the charges therefor pursuant to and
to compLy sith all of the t€rms and conditions of said utilityagreement. The Declarant sha1l have and hereby leserves theexclusive right to contract for the servicing of this cond,o-
minium project and the unit owners therein to provide waste
and txash removal agreement shall be for such period of tj-rne
and upon such telms and conditions as the Declarant deterninesin its sole discretion. If there is any reduction in l.rater
supply or other utility service to the properties, whelher by
governmental" act.ion, drought or other natural conditions, orforce rnajeure, the Declarant or the Association shall prorate
the available water or other utility service proportionately
anong the owners. The Dectarant and Assoeiation shall never
be }iable for afly injury, loss or danage to personal property
occasioned by any interruption. curtaiLmen! or dimunitj.on ofr.'ater selvi.ce or othex utility service, ox for any sickness
or other physical condition occasioned by any inpurity, chemicalor other additive to or contaminati.on of the water supply,
(n) Notwilhstanding the facL thac the presentprovisions of the Condorninj-um Act of the State of Coloradoare i.ncorporated by reference and incluileil herein thereby,the provisions of the condominium docunents hereto shall be
paramount to the Condominium Act as to those provisions
where permissive variances are perniEtedt otherwise. theprovisions of said Condominium Act sha1l prevail and. shalL
be deemed incorporated therein. fn the event of any conflict
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between the TSO provi sions
obclaiation of Piotec tive
,greement, the later shall
IN WITNESS WHERIOF, Colorado Investrent Services,
Inc., a colorado corporation, bY "'ir r +r f' r"\n^.:.,,, .as President, has caused Lhese Presents Lo be slgned rn rcs
name thi s 7-&z- ddy ot (ait4-lr-A/\J . I 9? 6 .
of this Declaration and the
covenants and Time Sharing
cortroL.
)-
COLORADO INVESTMENT SERVICES, INC.
a ColoraClo corPoration
STATE OF COLORADO
County of Denver
)
) ss.
)
subscribed and sworn to before me this a.H- d"v ot &th &U-
1975 bv Llilliam D ,T.rhne^n as Presiden-' of Colorado-
Investireffi rado corPoration -
il
\ *- -.
$y coffiission expi.res Miy ?6, rqgn
t
aitness tny hand ald official
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EXHIBIT A
Attached to and made a part of the Condominium
Declaration for vail Run Resort conununlty
A parts of land situate in the County of Ea91e, Stateof Colorado describecl as a part of Lot 10 and all oflot lI of a Resubdivision of t-ion's Ridge Subdivisj-on
81ock C, according to the plat thereof recorded in the
records of the Clerk and Recorder, County of Eag1e,
State of colorado, on June 8, 1973 in Book 229 at
Page 458 and which is more particularly d.escribed as
fo1lor*s:
Beginning at a point being the. Southeast corner of saidBlock C, also being tbe westerly intersection of therights-of-way of Interstate 70 and Lionrs Ridge Looptthence South West along the Northerly right-
of-way of Interstate 70 a clistance of 166.95 feett
thence 341.02 feet a!-ong the arc of a non-tangential
curve to the left having a centlal angle of 03018142" aradlus of 5900.00 feet and a tangent which bears South
59030r29" west to a point being the southwesterlycorne! of said Lot 10; thence North 11006117" East a
d.istance of 351.06 feet to a point on the southerlyfight-of-way line of said Lionrs Ridge toopr thencealong said right-of-way for the following three
courses:
iI. North 73004'48" East a d.istance of 80.86 feet
to a point of curviture,
2. 331.84 feet along the arc of a curve to theright having a central angle of 76'48'06" and
a radius of 247.56 feet,
3. south 30007'06" East a distance of 0.22 feetto the point of beginning.
183
EXHIBIT B
Attached to and nrade a, part of the condominium
Declaration for Vail Run Resort Cornrnuni ty
FARCEL I
A parcel of land situate in the county of Eagle, state
of Colorado described as all of Lots 61 7, 8, and 9,
inclusive of a Resubdivision of Lionrs Ridge Subdiwj.sionof Block C, according to the Plat thereof record.ed in
lhe records of the Clerk and Recorder' County of Eagle,
State of Colorado, on June 8. 1973 in Eook 229 at,
Page 458.
PARCEL II
A parcel of land situate in the County of Ea91e, State.
of Colorado described as a part of Lot I0 of a Resub-
division of Lionrs Ridge Subdivision of Block C,
aceording to the PLat theleof recorded in the records
of the Clelk and Recorder, County of Ea91e, State of
Cololado, on June 8, 1973 j-n Book 229 at Page 458 anat
which is nore particularly described as follows3
Beginning at a poLnt being the Southwest corner ofsaid l"ot 10; thence North al-ong the l,lest boundaryline of said Lot l0 No5th 37009'31" West a distanceof 339.70 feet. to the'Northwest corner of saidLot 10r thence Nor{h 73004'48" East a distance of
287,16 feet to a pdiit on the North boundary lineof said Lot I0 h'hi.ch is 25.88 feet l,fest of the
Northeast corner of said tot 10; thence South
11'06'17" East for a distance of 361.05 feet tothe point of beginning.
h:
l
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i\
EXIIIBIT "C"
Attached Lo and madc a par! of the Condominium Declaration for
VAII, RUN RESORT COMMUNITY
Res idential-Uni t Designd.tions
Level 2 Level 3 tevel 4 Level 5
200
20L
202
203
30I 40r
302
303
500
50r
50 2
qn?
300
305
JUI
3T2
321
322
3 010
3 011
400
402
403
414
204 304 404 504
205
zu6
207
208
210
405 54I
306 410 542
543
308 t 4L2
309.
27L 310 415
2I2 311
22L
222
424
,!
Cornmercial-Uni t-Desi gnations
Basement
Level Level 1
.5
6
7
I
11b:
tec
)l\r/ t/
.l .r
- .. iv a '.
.. t' Attached
l,r\'1\
EXTIIBIT "D"
to and made a part of Condominium DecLaration Eor
VAIL RUN RESORT COMI1UNITY
Percentage of undividecl ovnership intcres! of each unii: in the
creiera.L co(unon elements aPpurtenant to each unit
Residenti,al
Uni ts
Level 2
Residential
Units
Level J
Residential
Units
Level 4
400
401
402
403
404
405
410
411
4!2
414
415
423
431
ResidentiaL. Units
Leve1 5IEt
200
201
202
203
204
20s
206
207
zutt
210
211
2L2
22L
222
.9r
.97
. vu
.80
.5r
1.48
r.30
1.06
t . uf,
1".04r.7l
1.53
.L. /d
1.61
2-77
500
5UZ
503
f,{ !
542
543
.Yt
1.00
qn
R6
.56
.85
o'l
1.06
.83
1.84
1.66
300
301
302
1n?
304
JUf,
306. 307
308
309
310
311
312
321
322
30r0
?n11
i
qa
l.0t
r.00oi
.98
.73
4q
-L. UO
1.03
I.Uf
r. /b
I .62
. atJ
.89
.91
.9t.9;
ctc
- arl
3.2:
2. 8:t.1,
65.4s I
Conmercial
Units
Basement
Total Residential uni ts
corimercial
UnitsLevel I t
Total cotnmercial
Total
7 .45
.45
r.61
1.65
4.98
2 -37
.41
units
1
2
11.09
1.58
f,
D
Iq
10tt
t
)
i
34.55
100.00
b I
|ev89
t/2 * f!
r:,olfl r<fin
Juiy 12, 1982
ly arrived in Vail even
express n:y aoprcciat ir"rn
.l^:^- ,- ^, .l:.':t ,
l:ope ure d i,jr':'i ccius€ V<:r.r
flr7gr lhq next three vreelis vre v.' i I I br: i ns t:a i 1 i n<; iln
urCergroin,-1 spriniricr systrrm. This niqht eause inccn",cnicnces
ah trnes but lve ask fcr youi. coopcretion.
,i:,1i tlr':: peri< ino ;r reas I'icre c I e.:ned, striped an,.i qrarl r:rl
accorCirrg to city crCinence, A1 I iic I 'l*-ays rir::r€ pt;nte d or
r;a 1 l papei-e.-il , [:r'iEht.er 'l ightinq rii]s installeci anii car-trr:is
shanplrll:C. lJe ir:vcr alscl qone :-o creat- measures to impiove
ihe outs ide .': ppr:a r;r ncelo f thc buiiainq and grounds.
I'd i ike tc lake .; -s'. e ninute to rer.'ier'i tt.jo pclicics
i j The rerrt ir a ir,rays ctre
is late on tnc seconci .
': j l'a rf. I nq
To /.i I i Ccilrrercia i Terrants:
It look: l ike sunner iinalitrs a mo;'rth latt>" I'd I i l-lr: to
gla ti ir..:.|t, f1,r vqrrr- hr:''l", :n 11.:t i
d,-rrin3 cur shutdol.rn in l4ay. I
i nconr,,cn i cn ces .
anri
any
on the f iist, and
a)There is to be no perking in
,oa rage.
ihc r rndp rn rnr.rrrl
b) Please park in the des ignated parking areaseither located on the north or south siJeof rhe buildino.
c) Take advantage of street parking to the eastof the brtilding, along the sgreer side of
Breakar.'lay West, lvhonever possible.
d) Try to park in the far northwest corner of
the north parking lot and leave those
spaces closest to the bui lding for your
cristomers.
o rresoRf C:o/rlrrnu.I?lw
1000 lionsridge loop . vail, colorado . 81657 telephone (303)476-1500 . denver (303) 534-1250
Paqe 2
Recrea t i ona l
have been ava i I ab
and r*i I I cont inue
t
e) V iol ators will be t icketcd 'u"'ith a warning,
repeated violators wil I be tor.ied immediate!y.
passes for tenn is and
le:t <npr.ial r,atFc for
to be avaiIable.
the other facilities
commercial tenants
Times are tough for many of us. Thus, it is probably a
good time to talce a close look at hovr vre can cut back in expenses.
a) About cvervone o'r"rn s a copy i ng mach i ne in th is
building. i'iaybe it is timc w.: cjecicje how
many we actually need and share in the cost.
b) Tlrere are periodicals that many of us subscribe
to. Shoulcj they be shared?
c) Special subscription newsletters could be
routed.
V/e changed vendors who supp'i y us pop. Our next move will be
to locate a pop machine in a convenient location for commercial
tenants with a lorver Drice than the other machines. We will be
adding tr,Jo more washers and drvers to the launCry room, for those
tenants who take advantage of the convenience. Coffee in the
main lobby is available to anyone rt,ho- r.rishes to share in the co9t,
The coffee program is on the honor systen, 25( for the first cup
and l5C for any refills. Please do your part to contribute if
you are takirg advantage of the coffee,
Due to cutbacks many of you have laid off your secretaries
or have cut back in their hours or some of you have been in need
of a secretery but could not afford one fulI time. Ve now have
a girl h,ho is arra i lable as a secretary, bookl<eeper, etc. Iocatedjust outside my office who can take care or overf iovr pressures
tvhen they arise, plus el iminate lots of the time consuming tasks
you have been handling. She has agrreed to offer special rates to
eny conrmercia I tenants insidc thc building rvho want to co-op a
secretary by guar-anteeing her "X" arnount of hours a month rvith
other commercial tenants lvithin the buiiciino, Please feel freeto stop bv and visit nith her,
Beit tighteninq end changes, forced by nccessities of the
times, ',';ilI pay off for a'l I of us in the vears to come.
lei!cher
ft.ce
htF:ss
Gene ra I l4anage r
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INSPECTION REQUE$T
,^r, t/r/fo JoB NAME
CALLEB
READY FOR INSPECTION:
LOCATION:
BUILDING:
tr FOOTINGS / STEEL
B FOUNDATION / STEEL
MoN @ wED THUR FRI
PLUMBING:
tr UNDERGROUND
tr ROUGH / D.W.V.
tr ROUGH / WATERtr FRAMING
tr INSULATION
tr SHEETROCK
tr GAS PIPING
NAIL tr POOL / H. TUB
tr tr
tr FINAL
tr DISAPPROVED tr REINSPECTION REQUIRED
ELECTRIGAL:
tr TEMP. POWER tr HEATING
tr ROUGH tr EXHAUST HOODS
tr CONDUIT tr SUPPLY AIR
tr,FINAL
APPROVED
RRECTIONS:
n,t ,Aoate -f '?'64 s' tNsPEcToR_____-l_ '".r.ato.;
2't/to
INSPECTION:
JO8 NAME
MON
CALLER
TUES WED THUR FRI
' tNsPECTtON REQUE gr I
PMREADY FOR
LOCATION:
TOWN OF
BUILDING:
O FOOTINGS / STEEL
PLUMBING:
tr UNDERGROUND
tr FOUNDATION / STEEL O ROUGH / D.W.V.
tr FRAMING tr ROUGH / WATER
tr INSULATION tr GAS PIPING
O SHEETROCK NAIL tr POOL / H. TUB
tr FINAL
ELECTRICAL:
o reup. PowER
MECHANICAL:
tr HEATING
ROUGH tr EXHAUST HOODS
CONDUIT D SUPPLY AIR
O FINAL N FINAL
SAPPROVED REINSPECTION REQUIREDtr APPROVED
CORRECTIONS:
BTTL
FIHD
\OIXI\TAI\I\W
May 27, 1980
Steve Patterson
Bui lding Department
Town of Vai IVail, C0 81657
Dear Steve:
This letter is written in regards to your final building
inspection of our offices in the Vail Run Building. You
stated that the two enclosed spaces in our office needed
mechanical ventilation. In response to your statement, we
have ordered 3 Rush - HamDton CA 90 ductless fans to be
installed in these areas. In my telephone cal1 of l{ay 27,
(10:20 a.m.), you stated that these fans were acceptab'leto satisfy code requ'irenents. If any quest'ions arise,
please contact me at 476-3886.
CClmw
cc: Sherwood Stockwe'l I
Bull Field Volkmann Stockuell/ Architecture €t Planning/San Francisco, Calit'ornia tt Vail, Colorado
7000 Lions Ridge LooplVail, Colorad,o 87657/303 476-3886
\
box lfi!
vail, colorado 81657
(303) 47Ss613
I,Iardr 23, 1979
department of community development
The Vail Bun Besort
Draqer E
Vail, O 81657
C'entlsen:
Erclosed is the Certificate and Inspection form for your
Elevator rttrich was recently inspected by our Brildfug
Official, l{ark W. Ma.rchus. Ttris Oertificate should be
posted in the elevator.
Also enclosed is tbe iavoice for the Elevator Inspection
which should be paid within 3O days.
The correetions on tbe Inspection fonn stpuld be csrpleted
by next yearly inspection.
Si.ncerely,
( .eL-l-LU r_4- U - llA_,t oJf/
Catherine A. Ja:srot
Brilding Dept. Aide
Elcls.
caj
rNSPE+roN REeuEsT
DATE JOB NAME
CA-LL
READY FOR INSPECTION:MO TUES
LOCATION:o/.TI
tr APPROVED .----7---77fr REINSPECTION REQUIRED
CTIONS:E(L)).--. ,:>1
5-/rte 7 t &- (;,a'rrr.(rt 7-- ./ I : /=/
BUILDING:
tr FOOTINGS / STEEL
PLUMBING:
r] UNDERGROUND
tr ROUGH / D.W,V.tr FOUNDATION / STEEL
tr FRAMING tr ROUGH / WATER
D INSULATION
tr SHEETROCK
tr GAS PIPING
NAIL tr POOL / H. TUB
tr
tr FINAL D FINAL
ELECTRICAL:
tr TEMP. POWER
MEGHANIGAL:
N HEATING
tr ROUGH tr EXHAUST HOODS
tr CONDUIT tr SUPPLY AIR
u trar-( F v4 .r oF
tr FTNA"L'T] FINAL
h",-vlt'r'*
box 100
vail, colorado 81657
(3031 476-5613
August 2, '1979
department of community development
Jay Peterson
Box 3.149
Vail, C0 81657
Re: Addition of 20 parking spaces on the North Side of the
Vai'l Run Bui I ding
Dear Jay:
I will give staff approval for the expansion of the Northern
Parking lot at Vail Run by 20 spaces according to the proposal
submitted by Briner, Perkin, and Fitzhugh Scott subject to the
fo1'lowi ng condi ti ons :
1.) the submittal of a landscaping plan showing adequate
screening of the West side of the new parking area
2.) the submittal of details
proposed to be used for
the nnterials and colors
retaining wa1 ls
0n
the
3.) the removal of all storage materia'l from the exist'ing
underground garage in other than storage designated
areas.
Sjncerel y,
fl
/l'n,*t4.P&\
Ldanes A. Rubin
Zoning Administrator
JAR:caj
-lFiqt-t. .a--.
rNsPlTroN REeuEST
TOWN OF VAIL
DATE
INSPECTION:
JOB NAME
MON
CALLER
TUESREADY FOR
LOCATION:
WED THUR FRI PMAM
BUILDING:
tr FOOTINGS / STEEL
PLUMBING:
O FOUNDATION / STEE_
tr UNDERGROUND
tr ROUGH / D-W.V.
tr ROUGH / WATERO FRAMING
O INSULATION
tr SHEETROCK
O GAS PIPING
NAIL tr POOL / H. TUB
tr D
D FINAL tr FINAL
ELECTRICAL:
tr TEMP. POWER
MECHANICAL:
tr HEATING
tr ROUGH D EXHAUST HOODS
E CONDUIT tr SUPPLY AIR
tr tr
.' tr FINAL
U APPROVED
CORRECTIONS:
tr DISAPPROVED O REINSPECTION REQUIRED
,t'1,-INSPECTOR
l
rNSeecr0ru
TOWN OF
FIEGIUE ST
VAIL
DATE
TIME
JOB NAIV]E
RECEIVED- AM PM CALLER
florHen I penrreu LOCATION
READY FOR INSPECTION
WEO THURTUE FRI AM PMMON
COMMENTS:
n nppRovED
f uporu rHe
CORRECTIONS
! orsAPPRovED
FOLLOWI NG CORR ECTIONS:
! netNsPEcr
DAT E
INSPECTOR
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Town of Vail
ff,BCTRICAL PEBTIIT toa xane-ffia. /trno* ....h-r-,.rt-... .(,n-.n {.o\
Erectricar contractor-.... .llcA . Lt(r.-.{-t.(.,...fu--c...........--..........-..-..
APPROVALSI
TIIIS FORT 13 TO BE POSTED ON
.IOB SITE DURI]IG CONSTRUGTION
24 HOI'RS ADVANCE NOIICE
REQIJINED FOR INSPECNONS
o
Building
N9
Valuation
548
$.......-.--....-.-.....--.-.
Pla! OrrcLr
r nt'| [fte raia-... ..---.--7.-.-17-:.-..
i*",*'* * frf -- isd:x{
Slt!rtIt'l
Etectricat valuation s-...J.-il--.&----.-.-.-.
Permit Fee
Inspection Fee
Total Fee
s....................-..-....
$.......--..-.....-..---..--.
rar r. a. xofarar at., !
LtrlII\IG EXITS REO.
DATE OF APPLICATION
NEW () ALTEBATION I ) AODITION( IREPAIBI)
USE OF BUILDING COVERED
SO, FT, OF 8LDG.HEIGHT IN FT.OFF ST. PARKING
MAIL ADDRESS NO. OF STORIES OFF ST. LOADING
NO. OF LIVING UNITS
OF HEAT
LOT BLK FILING
1. TYPE OF coNsTRucrtorYrr t rv v I HR
2. OCCUPANCY GROUP A B C D E F G H I JABCDE-DrvtsroN .
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box l(Xl
rail, colorado 81657
(3031 47esfi3
department of community development
July 13, L978
Mark E. JohnsonButterwick EnterprisesSuite 3OO
830 Kipllng Street
Denver, Colorado 80215
Re: Vail Run - Special Development District 5
Dear Mark:
To confi-rm your undated letter concerning the subjectproperty, Vou are correct ln your statements about ouragreements; however the reduction in size of Parcel B andmoviug the property line will require a plat and formalsubdivision approval .
If you have any questions regarding the procedure underthe Subdivision Begulations please give me a call.
Smi-1e,
Zoning
S. Toughill
Administrator
DST/di
BUTTERWItrK
REAL ESTATE
ENTERPRI5E5
n TNVESTMENTS
Ms. Diana S. Toughill
Town of Vail
Box 100
Vail, Colorado B1657
Re: Zone SDD5
Dear Diana:
In regard to our telephone conversation June 12, 1g7B the following items
were agreed upon:
I. reducing parcel "B[ from
change the allowable 1352. total acreage in property
If this is not in accordance with your
your earl iest convenience.
Thank you for your courtesy and time.
6.3 acres to 5.84 acres will not
unit on parcel "B"
SDD5 will remain the same.
understanding please let me know at
'W
MEJ/bh
sulTE goo . a30 KIPLING STREET . DENVER, COLORADO AO2t5 . 303/292-A330
'I I r,.: .,j -'r,T't
o tNsPEcrr}|
TOWN OF
FIEOIJEST
VAIL
DATE JOB NAME
TIME RECEIVED- AM PM CALLER
n orHen
MON
COMMENTS:
D pnnrrel LocATroN
READY FOR INSPECTION
WED THUR FRI AM PM
E eppRovED I orseeeRovED E nerNsPEcr
E upolrt rHE FoLLowrNG coBRECTToNS:
CORRECTIONS
!
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INSPECTOF
DATE:
RE:
MEMORANDUM
PLANNING CO}IIIISSION
DEPARTMENT OF COIUMUNITY DEVELOPMENT
15 September L977
Colorado Investmentof Lot 1O, Block C,
tI,,tl/r-'
Services, Inc. Request portion
Lionsridge Filing No. 1.
Colorado fnvestment Services, fnc., has proposed torezone the undeveloped portion of subject 1ots, comprising6.3 acres, from the exi.sting Residential Cluster Zone to aSpecial Development District allowing 155 additional units.The existing building is 54 units on 2.54 acres. The totalproposed development is 23.6 units per acres, sith a proposed
GRFA of .56.
Prior to annexation to the Town, Eagle County hadapproved a total of 27O units. When the property was zonedby the Town, the staff and Planning Commission recommendeda Special Development District; the Counc1l, however, feltthat there was not sufficlent information on which to basea decision and instructed the owners to submit a developmentplan when they were ready to start the project. The ownersthen filed suit agalnst the Town charging confiscatory zoning.
No action has been taken on the suit with the feeling that a
compromise could be reached.
The existi.ng density in the developed portion ofLionsqidge is approximately 33 unj.ts per acre. Exlstingbuildings in the area are zoned Medium Density and are legal:
non-conforming structures. The undeveloped lots in LlonsridgeFiling No. L are zoned Residential Cluster and Low Density,with the exception of Snow Lion and LRB that were negotiatedto resolve court'decisions. Average a.11owable density for the un-developed parcels is 8.63 units per acre and averaAe densityfor all land at full development would be 14.52 units per aeregiven current zoning. The proposecl VaiI Run development wouldincrease. average density to f5.O4 unlts per acre
Growth management has given us the framework forcontrolling ultimate population and the ablLity to review
each development proposal on its orvn merits. I{e can now assessthe impact of each proposal with the knowledge that we are noteroding our long-range goals. Even though we would prefer ferverunits than what is proposed, we would recommend approval of theproposed project
a"
Page 2
Colorado fnvestment Servi.ces, Ins,
l,lle reeommend approval of the proposed Special Development District
for the following reasons:
1. Special Development District provides for mitigation
of major environmental impacts.
2. A Transportation System will be provided to limit
the impact on traffic, parking and air pollution.
3. The existing commercial space and recreational
amenlties were sonstructed in relianee on County
approval of 27O units. The proposed project
represents a density reduction of approximately
237o wbLc.tr is comparable to the proposed down zoning.
t Q. View corridors have been preserved and the visual
impact on the surrounding nelghborhood is negligible
due to careful siting and topograph.y.
5. Access to the proposed development is directly' from the frontage road and does not impaet the
residential neighborhood.
6. The project is directly adjacent to the Public
Transportation System.
7. The project with a time-.sharing approach (interval
ownership) promotes year-around use which is an
important Town goal
8. Natural resource conservation is required by the
Special Development District.
Vail Planning Commission and Town Council ,
Town of Vail,
VAIL. COI.ORADO.
Gentlemen:
At a meeting held on the eveni-ng of September, f2thr 1977, the management
of Vail Run invited. representatives of the other Condominj-ums
Assocj-ations in the Lions Ridge area to review its plans for completion
of the Vail Run Project.
f was selected to express to you the unconditional approval of the
Condominiums Agsociations present, with VaiI Run's plans. We feel
that Vail Run has made a successful effort to incorporate the goals of
the qrowth management study into the plans for completion of its project.
We feel that among other things Vail Run's plans provide for adequate
open space, parking, view corridors, and a reasonable number of units
per acre.We also feel they have made a conscientious effort
not to visually intrude on their neighbors in the Lions Ridge area.
Thus we urge you to approve the plans submitted today for completion
of their project.
The members of t.he group
devolopment of Sites 84
present were also appraised of the plans for
and 5, to which all members strenuously objected.
Associations represented:
Lions Mane Phase I
Lions Mane Phase II
Aspen Tree
Brook Tree
Telemark
Snow Lion
VAII .F(ll.N
Breakaway West
YougF very tguly,
/2"-
/jlames B. Rea,
Z President.
Aspen Tree Condominiums Assoc .
'. t r *-_F*€:*:X.*
VAIL RtlN
w\*P s /rt/tz
21 APRIL I lrr .' ;:
Essentially, what is being nequested is the oppontunity to complr,rr.
Vail Run Resont. Although this implies genenal expansion, onl,.,
lodging and tennis accommodations ane to be incneased, sepanait,,
fnom lhe existing building. what will be completed is the concepr ini-
liated by the pnesent Vail Run Resont. Thai is, pnoviding facilities
and senvices in nesponse to the needs of lhe Lions Ridge neighbonhood
and the Town of Vail. The mutual benefits so fan denived fnom this
concept requine lunlhen concentFation of population and tennis capacity
at this location fon continued success.
Addition of 155 tnansient dwelling units will pnovide needed suppont
fon the neighbonhood convenience netail stones at Vail Run Resont.
Seven mone tennis counts will funthen neinforce the capacitv and
vaniety of necneational expeniences at Vail and will compbment the
existing lennis openation off ened at Vail Run. The Lions Ridge | ,oop
Shuttle Bus, openated by Vail Run, will continue to senve the neighbon-
hood and in its expanded capacity will connecl additional patnons with
lhe Lionshead and Vail Village Activity Centens.
This nepont attempts to descnibe thL signiii".n." of the complelion of
Vail Run to lhe -f own of Vail, the Lions Ridge neighbonhood, and
the pnesenl Vail Run Resont. lt deals with the social, ptysical and
economic implications of completion based on the expeniences of the
-l
existing openation. This infonmation is submitted in suppont of the
nequest fon nezoning of lhe pnopenty f nom Resid ential clusten Distnict
to Speclal Developmenl Distnict.
The pnopenty is descnibed as Lots 6, ?, g, 9, and a pontion of
Lot l0 of the Resubdivision of Lions Ridge Block c containlng
appnoximatef y 6- 1/2 acres ! , lt is located adjecent to the west
of the pnesent Vail Run Resont and is bounded on the south by the
lntenstate 70 Fnontage Road and on the nonth by Lions Ridge Loop
Road.
The site has pneviously been distunbed by development of rhe Vail
Flun Resont and the constnuction of lntensta te 7A, The Fnonlage Fritrac1 ,
Lions Ridge Loop Road and accompanying utiliry distnibution lir.,,::,
6rt{E.dnainage ditches, etc. The gently sloping pnopenty has -ne.ov1r.,..,, ,,
etated itself in native gnasses and gnound coven.
UTILITIES
WATER
The Lions Ridge wateF Distnict is pnesentty unable to guanantee
senvice fon the completion of Vail .Run. Howeven, they ane cun-
rently punsuing rrsevenal viable optionsrr, to alleviate this situalion.
Dislnibution lines capable of senving the pnoject ane in place adjacent
to lhe pnopenty.
-2-
Without waten, of counse, no development can be initiated. The com-
pletion of Vail Run will pnoceed on the assumption lhat waten will be
available pnior to lssuance of a building penmit
Mone than 250/o of conventional waten nequirements will be saved using
waten consenving kitchen and bathnoom fixtunes in the completion of
Vail Run
SEWEFI
The Uppen Eagle Valtey sanitarion Distnict pnesentry has excess
capacity available to pnovide sewenage tneatment at its plant at Avon
fon a substantial amounr of addilonal development. At the same time,
the Uppen Eagle Valley sanitation Distnict is engaged in designing
addiiional tneatmenl facilities fon an expansion contemplated to beginqt, /constnuction in 1978. tn summanvrffne Distnict/ fully expects to be
able to pnovide sewe.age tneatment fon the completion of Vall Run
upon compliance with appnopniate nules and negulations ol the Distr.i,<:l
nelalive lo main line extensions and payment of appnopniate tap ircs..
Typically, as much as 9B7o of the domestic waten used by lher c*. :.:rer^.
tion. of Vail Run will be netunned to the walenshed via the sevr(.r :j,r€i.
-l-nealment Facility.
ENERGY
Bcith' enengy utilities have indicated availability of senvice and the loca-
tion of distnibution lines on on adjacent to the pnoper.ty. The comple-
tion of Vail Run is, in concepl , compatible with utility company
-3-
planning fon the .r|
Enengy consenvation considenations will be applied in both the passive
and active elements of development.
The building has been oniented lon seasonal exposunes which optlmize
1{egENtFtcN{r frzc+rtiF,L r.AlLFgrF sr T$ts A,er(cuL$g gna Locqnoguse offinassive solan enengyfi This will be neinfonced with an anchl-
tectunal design which coondinates constnuction techniques and enengy
efficient mechanical and electnical systems. solan enengy will be in-
vestigated fon convension capabilities as well as heating of the swimming
pool and extenion walkwavs .
SlTE C()NSIDERI\TIONS
solLS
No unusual conditlons wene discovened duning the soil and foundation
investigation. -l-he conclusions of the nepont ane supponted by similan
studies conducted on neighboning pnoperties and the expeniences of
the constnuction of the pnesent Vail Run Development.
GEOLOGY
No unusual conditions wene discovened duning the geologic investicra"-
tiori of the pndpenty. The nepont specifically addnesses the stabilit,,,
of the nock oulcnop in the hill above the .pnopenty. -f he outcr{--.t ) r.!r(.1
the nocky matenial which has pneviously bnoken fnom it ane suili
ciently stable to mitigate potential dangen lo development below t",-,rr-L, ri:,
Ridge Loop Road. Howeven, development has been located to the east,
-4-
{$9out of(way, of the bnoken matenial and outcnop to funthen insune saf ety.
AIR QLIALI-T- Y
Thnee elerne nts oI the completion of Vail Run ane designed to be con-
?sistent with the objectives of the fdnoposea Ain eualiry contnol ondin-
ance fon the Town of Vail. They ane: (t) timitea, efficient fineplaces;
(2) Reduced use of automobires fon convenience shopping, and var.rety
of necneation expeniencesl and (g) gnengy elflcient design and c onstnuc_
tion of new buildings.
Fineplaces wlll be placed only in public aneas of new buildings. They
will be of an enengy efficient rrclean bunnrr rype featuning tempened glass
finebox doons, dampen contror and optimum exposune considening safety
and tnansfen of heat lo adjacent anea.
Reduced use of automobiles pr.esenves ain quallty.
hood commencial and recneation facililies neduce the
convenience shopping and vaniety of necneationar expeniences.
??''lY\18Loop shuttle Bus neduces use of;[automobiles commuting to the
and Lionshead.
The completion of Vail Run is wirhin the junisdiction of the Vail Fine
Pnotection Distnict. Acting chief , Jay Ruoff indicated the ability of
the Distnicl lo seFve the development via an existing fine plug in I f-.., r:
Vail Run's neighbon-
use of automobiles fon
The Lions Rid
Village
-5-
Fnontage Road, a 750 gallon pumpen tnuck and a 100 ft. aerial
ladden tnuck wilh six-stony building capability. ln addition 1o meeting
applicable U.B.C., U.F.C. and N.F.P.A. Codes the building will
featune a fine alanm secunity system.
PARI<ING
Panking will be provided al a nate of two spaces pen dwelling unit
AftFIqFATELTnot to exc eed 300 total spaces. ra*-|sst18 570 of the panking will be
located within the main buildings, beneath the tennis counts on acces-
sony decks and will be completely enclosed and scneened fnom view.
Minimum surface panking will be pnovided fon guest registnation,
tempoFary loading and unloading, temponany bus panking and public
use of tennis and necneational facilities as seasonally necessany. Sun-
face panking will be scneened fnom view using landscaping 66sl lesqtion
ol buildings and stnuctunes. Vehiculan access and egness to panking
aneas will be via two cunb cuts on the Fnontage Road.
DRAINAGE
The histonic dnainage thnough the pnopenty has been pneviously altenediby a,$cent d evelopment. A pontion of the histonical flow f nom the nonth-
east (Block B) now entens Red Sandstone Cneek nathen than the pnopeniy.
Constnuction of lntenstate 70 divented the histonical dnainage flowing f nom
the pnopenty and nechanneled it to a culvent passing benealh the highwar' "
The dnainage study fon Lions Ridge Block C (including the pnopenty )
-6-
was completed in septemben l9zz, Anticipating deveropment of rhe
€rnea r the study necommended pracement of curvents in the Lions Ridge
Loop Road. Pnesenrly, dnainage entens the site fnom these curvents,
is collected in the Fnontage Road dilch and nuns south to the Intenstate
70 culvent.
The completion of Vail Run will maintain the existing dnainage system
wilhout a significant altenation in the amount, nate, on qualiry of nun-
off . Pnoposed impenvious land covenage should noi pnoduce peak flows
which substantially exceed histonlc flows. A netention pond will be con_
stnucted on the pnopenty if an engineening evaluation of the incneased
nunoff due to impenvious rand covenage wanrants it. curvents and
channels (swales ) wilr conduct dnainage saf ery lhrough the deveropment
to the Fnontage Road ditch. Duning majon sronms the capacity of the
existing system should pnevent inundation of noads and development.
The majon building has been rocated on a smail prateau of rand
elevated 3o feet above the row point of the pnopenty dnainage system .
Runofl fnom panking aneas will be divented to a small leaching lield
to nemove oil, silt and salt.
AESTHETIC ANALYSIS
The punpose of aesthetic a nalysis is to establish
development and its effect on the Lions Ridge and
analysis is divlded into thnee -pants. They are:
Vi:jlillv; and @
the visibility of the
Vail aneas. The
V:Sgef, qgltsid enarions ;
VISUAL CONSIDERATTONS
The two majon buildings (existing and pnoposed) ane sepanated by
the tennis counts to neduce concentnation of burk and barance the
site development.
The building is located on the site to optimize use of the sleep hiil-
sides as a backgnound which softens lhe building silhouette and neduces
its mass in appeanance. This also mainrains existing panonamas and
nesponds lo the physical envinonment of the site.
Vanying the building heights sepanales the elements of the ovenall
building mass and cneates the genenal impnession of a clusten ol
buildings nathen than a single bulk.
The anchiteclune of the building will be in the trVail Vennaculanr,
complementing, ps16gp than contnasting with, lhe anea. lt will be an
extension of the style of the.pnesent Vail Run Resont.
The combination of tennis counts above and encl osed parking below
pnoduces a low pnofile, multi-punpose srructune and efficiently uses
lhe site anear The innegulan configunation of tennis counrs avoids
lhe appeanance of an expanse of sunface paving.
The location of the buildings and the low pnofile of the tennis cour-ts
maintains a natunal visual ,connidon, which passes thnough the site
and conlinues unobstnucted on a southeast to nonthwes! axis up the
mountains.ide.
-8-
o
Landscaping will be with native vegetation and matenials with the
exception of a few trsod pocketsrt in common areas. Landscaping
also includes a multi-use bike/hike and cnoss-countny ski tnail which
winds the length of the pnopenty and connects with the neighbonhood
and lown pathway system .
VISIBILITY
The visibilily of the development is dependant upon the vantage point.
The most significant vanlage points ane the Lions Ridge Neighbonhood
and lntenstate 70.
Visibility fnom lntenstate 70 is dependant upon vehicle speed, dinection
and nature of tnavel . -l-he development is most visible fnom westbound
vehicles. The view is genenally unnestnicted appnoaching and passing
the site. Closing in, neighbonhood development complicates and com-
petes with visibility nathen than neinfoncing on emphasizing it. The
building stands alone, in a fnonlal view which is subdued against the
hillside, fon most of its westbound visibility.
The developmenl is less visible fnom eastbound vehicles fon s,cvi'r'.rl
neasons. A hillside extends oul .towand. the Intenstate nestniclirrr;
visibility of the development located on its opposite face. -f-he eas;t-.
bound noadway is slightly below and funthen fnom the developmenl
and tends lo tuFn away towand Lionshead and Vail. -l-he eastbound
view of the building is oblique offening less anea fon obsenvation.
-9-
The majon buirding concentnations of Lionshead and Vair Virer,;*,.,;
and accompanying mountainscape to the east allnacl the obsenr_,c:r
away fnom the wesl side of the highway and the complelion of \,,i;,r: i
Run.
The compretion of Vair Run is situated, berow, to the south and
panaller wirh rrost neighbonhood deveropmenl . Most of Lions Ridge,
including the compretion of Vair Run is oniented on a nonth/south
axis to captune the spectacuran eastenry view of Lionshead, Vair ..1
Village and the mountainscape. The corr,pretion of Vair Run wi'
not eftect this panonanric view, Arrhoughr it wiil effect the southenry view
of the rirrited numben of vantage points oniented in this dinection.
ll will not nestnict the genenal southenly panonama since it is lowen
than mosl vantage points. lt wi becorne the southennrr,osl lenmina_
tion of the Lions Ridge neighbonhood development.
VISUAL ENVIRONMENT
The ovenat beauty and scenic quarity of the Gone Varrey attnacts
the obsenven diventing attention fnom any .specific element which is
compatible with the genenal envinonment. This is also tnue in aneas
of genenal building devetopment. New buildings, even majon ones,
which fit into the context of the Icommonr style usuelly donrt become
- l0 -
O
visual focal points. The completion ol Vail Run wlil be no mon€
visibfe than pFesent neighbonhood development, becau.e of these
complirr'entary €nd competing views. The completion ol Valt Run
wlll be designed to harrnonize with the neighbonhood chanaclen and
the ovenall aesthetic quality of the Tbwn of Veil.
- ll -
ALTERNATTVES
The implications of the compretion of Vair Run on rhe Town of Vail
include the potentiar or artennative pnoposars. Based on the assump-
tion that rhe pnopenty wiil inevirabry be deveroped fon nesidenriar us.
as a nesult of its unique combination of sociar, envinonmenrar , econ -
omic and physicar attnibures, rhene ane rwo genenar artennatives -_..
highen density on lowen density.
The highen density arter'nalive is nepnesented by the fonmer Eargl.
county Zoning of the pnopenty ror 2zo dweiling units. This can be
considened as a maximum densiry appnoach acconding to the pnopentiesr
ability to accept deveropment as detenmined by physicar considenations.
The advantages ane that this wourd maximize not onry density but the
economic benefits to the developen as well as the lown. The fact
thar densen deveropment usuaily neduces totar capitar costs rikery
to be bonne by local govennment wit be discussed runthen in the
Gnowth contnor section or this nepont. The disadvantages of maxi-
mum density ane pnimanily aesthetic and envinonmental and depencl
upon the goals and objectives of the corr,munity and the nesponsibility
of the developer.
The lowen density arrennative is nepnesented by the pnesent r-own of
Vail zoning of 36 dweiling unirs nesulting fnom annexation and subse-
quent down-zoning of the pnopenty. ,Although the pnopeFty could
-12-
conceivably be developed at an even lowen density, 36 dwelling units
can be considened as the rrrinimum density neasonable fon this strategic
multi-family nesidential and necneation facility site. Thene ane lew
advantages to the minimum desntiy appnoach since costs to the developen,
town and individual genenally incnease as density decneases. Aesthetic
and envinonmental considenations also suffen mone fnom lowen density
land use.
The complelion ol Vail Run nepnesents an optimum densiiy appnoach nathen
lhan maximum on minimum. ll is the nesult ol an appnaisal of the social
economic and envinonmental cincumstances which affect development of
lhe propenty. lt attempts to lulf ill the objectives of the ownens while
complementing those of the community. Optirnum solutions ane seldom the
most economically newanding on the most pnotective oi lhe envinonment.
Howeven, they ane lhe mosl acceptable solutions unden the implied and
specilied conditions. The completion of Vail Run nepnesents a pFactical
compnomise, in light of factual infonmationr nesulting in an ovenall elficiency
of development.
GROWTH CONTROL
Self contained on nestnicted mountain development aneas, such as The
Gone Valley nequine an evaluation of the ability ol limited nesounces to
suppont the desired life style in the lace of continuing gnowth. Once
- 13 -
capacity is detenrrined the pnoblem becon es establishment and enfonce-
ment of an equitable policy which contnols the accomplishment of ultimate
gnowth. The planned deveropment, optimum density appnoach of the
complelion of Vail Run is an exampre of one type or gnowth conrnol
policy. Simply stated, undeveloped anea is evaluated fon its ability to
accept ,development. Aneas found to be rnost suitable ron specific land
uses ane optimized while manginal aneas ane nesenved fon f ulune consid-.
enalionr . 16
contnast to the planned development, optimum density appnoach is the
down-zoning, gnowth contnol appnoach which encounages .spnayrylrr . The
advantages and disadvantages of these two methods (planned developrr.+y-t
vensus spnawl) ane documented in the following excenpts fnom the r-r"ajor
conclusions of the U.S. Council on Envinonmental Qualitv Rrbli<,:;.rlior-.
entitled The Cost of SpFawl
l. Planned development is likely to decrease thb total capital oc,silbunden to local govennrrent by as much as one-rhind becausea largen pnoponlion of land and facilities fon open space,
noads ' and utilities is likery to be pnovided by the developens ,
2. Planned development shows signif icant envinonmental advantagesoven spnawl :
Twenty to thinty pencent less ain pollution nesulting Inomneduced automobile tnavel
Consenvation of open space
Pnesenvation of significanl wildlife and vegetation h€bitats
lmpnoved site design to minimize noise impacts
Caneful land use design so as to rr,inimize ihe €mount of soil
-14-
4.
distunbed and paved oven (thus lowening slightly the volume
of stonm waten nun-of[, sedimentalion , and waten pollulion ) .
3. Contrasting the envinonrr'ental elf ects of constnucting spnawl
communities on a specilied site shows that planned development
would be superion in a numben of ways:
Fewen rniles of noad are likely to lall within aneas with poon
ain movement on on poon soils.
Fewen dwellings will be dinectly affected by noise and ain
pollution fnom expnesswavs and antenial noads.
Less soil would be enoded as thene would be virtually no
development on steep slopes on f lood plains.
Less woodland would be cleaned, minirr,izing the advense effects
of development on vegetation and wildlife habitats.
Enengy consumption, because of neduced automobile tnavel , will
be f nom I to 14 pencent less in planned developm ent than in
unplanned developments. Waten consumplion is essentially the. sarne in planned and unplanned developrnents unless special
consenvation measunes ane planned.
Vanious personal costs such as time spent in tnavel , tnaffic
accidenls, and vanious types ol psychic costs ane likely to be
less in planned development than in spnawl. Sorre panticulan
aspects of lhis diff enence ane:
Reduced aulomobile use and rnone efficient vehiculan cinculation
in planned developn ents .
Design oi lacilities and use of open space lo pnesenve and en-
hance the visual envinonment.
Placing facilities in nelation tq. one a.nothen in onden to incnease
convenience and to neduce negative irrpacts as f norr tnaf f ic noise,
Econorr.ic and envinonmenlal costs (as well as nesounce consunlp-
tion ) ane likely to bg significantlv less at highen den:Lties to house
and senvice a given populatiorl_ ( l,0OO households ). Some
pensonal costs, howeven, moy incnease with incneasing density.
6.
- 15 -
7.Because openating costs ron schoors, sewage disposar , and warersu pply ane langely based on househord popuration, they ane rikerylo be lowen pen dweiling unit fon densen deveropments, but thisdiflenence disappeans when the diffenent densities ane adjusredfon a constant population.
Howeven, openating costs pen unit fon erect nicity and gas decneasesignificantly as density incneases because less enertgy is consu'edpen unit.
The total capitar costs rikery to be bonne by rocar govennrnent aneneduced as much as 62 peFcent in densen deveropmenrs becauseof the lowen costs of noads and public utilities.
9' Enengy and s^v61sp consurnption may be neduced by appnoximatery40 percent in high density developrrents.
8.
The neduced enengy consurnplion nesults both fnombile tnanspontation and neduced space heating andmenls.
neduced aulorro-
cooling nequ ine-
10.
The neduced waten consumplion nesults pnimanily f nom neduced lawnwatening
The ellect of exlnerr,e sile conditions (poon soil, veny flat on venysteep slopes, absence of gnound and sunface waten sounces, highwaten table, dense on spanse gnound coven, extnerre climate)will be to eithen gneatry incnease deveropmenr costs on pnohibildevelopmenr alrogethen. Whene pranned deveropment minirrizesconslnuclion in aneas poonly suiied fon developmenl, signif icantcost savings can occun.
- 16 -
TOWN OF
EUILEIING
t,A IL
PEFIMIT TYPE OF OCCUPANCY EXITS R EO.
oATE oF APPLICATIoN f / /Ftf< '-/ I ls
MAIL ADORESS NEW (I ALTERATIqN fl ADDITIONI } REPAIRI}
USE OF BUI LDING
OFF ST, PABKINGHEIGHT IN FT.
MAI L ADDRESS NO. OF STORI ES OFF ST. LOADING
NO. OF LIVING UNITS
MAIL ADORESS SO. FT. COMMERCIAL
AIR( I ELEC(
'UNIT
LOT IN II ALKI FILI COVER I NG
1. rYPE oF coNsrFUcTroN | |l rt| @ v
2. OCCUPANCY GRouP a B C D E F G@r J
DtvtstoN 1234
BUILOING PERMIT
SPECIFIED PLAN CHECK FEES
FIRE SPRINKLERS
DRY STANDPIPE
CLEAN UP DEPOSIT
RAL DESCBIPTION OF WONK AREA SEPARATION
TOTAL FLOOR AREA
TOTAL LOT AREA
FLOOR AREA RATIO
EASEMENTS
VARIANCE
UNCOVERED
DATE
APPLICA
I
t"
lIEMORANDUI\t
TO:
rRolt:
DATE:
RE:
PLANNING CO;,IIIISSION
DEPART}.IENT OT COU!,IUNITY DEVELOPI'ENT
15 Septembet 1977
Colorado Invcstment Services, fnc. Request pontion
of Lot 10, Block C, Lionsridge Filing No. 1.
Colorado fnvestment Services, fnc. , has proposed to
rezone the undeveloped portion of subject 1ots, comprising6.3 acres, from the existing Residential Cluster Zone to a
Special Development District alloling 155 additional units.
The existing building is 54 units on 2.54 act:es. The total
proposed development is 23.6 units per acres, with a proposed
GRFA ,::f .56.
' Prior to annexation to tbe Town, Eagle County had
approved a total of 27O units. IVhen lhe property lvas zoned
by the Town, the staff and Planning Commission recommended
a Special Development District; the Councll, horvever, feltthat there lvas not sufficient information on which to basea decisj-on and instructed the o.,vners to submit a developmentplan rvhen they were ready to start the project. The owners
theq-jqiled suit @chargjng confiscatory zoning.
No action has been Taken on-EFsuit with the feeling that a
compromise could be reached.
. The existins densitv in the developed
' Lionsrld,ge l-s approximatelv 33 units per acre. Existing
buildings in ttre area are zoned trlediun Density and are legal
non-conforrning structures. The unCeveloped lots in Lionsridge
Filing No. l. are zoned Residential Cluster and Lotv Densltlf ,with the exception of Snorv Li.on and LRB that wcre negotiatedto resoLve court decisions. Average allorvable density for the
developcd parcels is 8.63 units per acre and g-vcrage densitv
,for all I and at f u}1 deveLopnrent rr'ould be L4.52 uuits ,per acrg
given cur-rellt zoning. The ploposed Vai.l Run development lvotlrd
increase. average density to 15.O4 units per acre
un-
Groivth manngement has gi'iren us the frantervork for
controlliug ultimlte populrtiou and the:rbility to revie*'
each develolrnrcut proposal on its orvn nrelits. ll'e catt now assess
the impact of eacrlr proposal u'i.th the linorvledge that rve are trot
eroding our long-r'ftngc goals. llvcn thongh rve rvould prefer fetrer
units than r';ha.t is ploposed, Ne rvor.rlcl recommcrtd approval of the
ploposecl project
L-
Page 2
Colorado Investment Services, Inc.
IIe recommend approval of the proposed Special Development District
for the following reasons:
Special Development District providcs for mitigation.
of major environmental irnqAgts-
A TranspoiLation S:istem rvill be provided to lirnit
the ihpact on traffic, parking and air pollution.
The existing commercial space and recreational
amenities l!'ere constructed in reliance on County
approval of 27A units. The proposed proiect
represents a density reduction of approximately
23% v;hich is compara"ble to the proposed dovrn zoning.
zQ View corridors have been preserved and the visuaL
impacT-onEe surrounding neighh:rhood j-s negligible
due to carefuL siting and topography.
Access to the proposed development is direetly
from the frontage road and does not impact the
resident ial neighborh'ood.
The project is directly adjacent to the -!3lfir.Transportation Svstem
aPProaclr (intervat
ownership) promotes year-around use whieh is an
important Town goal .
Natural iesource conservation 1s required by the
Special Development Distrlct.
1.
3.
5.
6.
7.
8.
r-,,, -- {'.:- I I
No. lll5CA'la|rv.'77 8t: MMoNsl lN ClVt t, acTloN. - ltrrdtrrrd Publl'hlnr Co., tlr2{.1! st.ut 81.rfr, D.nr"r. colo!.do {6?1.[01],*a.??
IN rHE.-...P.1 9-I.8..I.9f.......counr
IN AND FOR
COUNTY OF EAG LE
AND STATE OF COLORADO
Civit Action N o. ..?7..4.?...............- Div.
COLORADO INVESTI,IENT SERVICES,
INC., a Colorado corporation,
Plaintiff...._.....,
vs.
TOI{N OF VAIL, COLORADO, A
nunicipal corporat ion; and
Tohrli CoUNCIL 0F 'fHE Tol,lN 0F
VAIL, CoL0MDO,
SUMMONS
Defendant.5...-....
TI]E PEOPLE OF THE STATE OF COLORADO
TO THE AtsOVE NAI\,IED DEFENDANT.S......, GREETINGS:
You are hei'eby summoned and required to file with the clerk an answer to the complaint within
20 days after service of this summons upon you. If you fail so to do, judgnrent by default will be taken
against you for the I'elief ciemanded in the corrrpialnt.
If service Lrpon you is made outside the State of Colorado, or by publication, or if a copy of the
torrrplaint be not served upon you with this summons, you are.required to file your ansrver to the com-
plaint rvitbin 30 days af ter service of this summons upon you. -
Warning: lf this summons does not contain the docket number of the civil aetion. then the
complaint may. not norv be on file with the clerk of the court. The complaint must be filed within ten
days after the summons is served, or the court rvill bc rvithout jurisdiction to proceed further and the
action will be deemed dismissed rvithout prejudice and without further notice. Information from the
court concerning thiS civil action may not be available until ten days after the summons is served.
This is an action* as more fully set' forth in the Amended Conplaint attached
hereto and rnade a Dart hereof by this reference.
77
Clerk of said Court
tsy.. ..............
l)ePutY Clerk Add ress of ,\ttorney o/.1-JJ)t
(Seal of Court)
.'l'hir rrlnml,n! ir isrurd Durrurni to nulc I, C.R.C.P., rr rmrrdcd. It thc rrrnrrnonr ln ;rubllrhtrt or t.rv.{ wlrhout r coty ol thr (,,r'rt'lrinl,
.llTrrh.$-r(|..|cti|!n'..lit('thCrc|iCfdthrn'|(d.|ll'.l!y€lNcution
#694
rgreen, Co.
Court Filing Stamp
j
\ ,-.' ,{-trt' /\r 1r ,L''L i"
, ,t' r,'P" .',r:\.J
P"
\
\
ntlll€r,
Ev,
IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF EAGLE
STATE OF COLOMDO
Civil Action No. 2742
COLOMDO iNVESTMENT SERVICES,INC., a Colorado corporation,
plaint i ff,
vs.
TOyflt 0F VAIL, GOLOMDO, anunicipal corporation; and
TO$IN COUNCIL OF TIIE TOWN OFvArL, C0L0RAD0,
AMENDED COMPLAINl'
)l
)
)
)
)
)
J.\
l
)
)
)Defendants.
COMES NOW the above narned plaintiff, by and through
its attorneys, Bradley, Campbell Q Carney, and as an anended
conplaint against the defendants states as fol1or^rs, to-ruit:
FIRST CAUSE OF ACTION
1. That the plaintiff is a Colorado corporation arrd
is the orr'ner of Lots 6 through 11, Resubdivision of Bl"ock C,
Lions Ridge Subdivision, Eagle County, Colorado, comprising
an area of approxinately 8.84 acres, nore or 1ess.
2. That the defendant'Town of VaiL, hereinafter re-
ferred to as "Vail", is a nunicipal corporation acting by
and through the defendant Town Council of the Town of Vai1,
Colorador.hereinafter referred to as "Counci1", and existing
under and pursuant to the Constitution and Statutes of the
State of Colorado and the Charter of the Town of Vai1, Colorado.
5. That Vail, on Decernber 16, 1975, through its Council
enacted Ordinance No. 26, Series of 197!, annexing to VaiL the
above described property or"ned by the plaintiff.
4. That prior to and at the tine of said annexation,
plaintiffrs property had been zoned by the proper authorj.ties
of the County of Eag1e, Colorado, under a planned development
concept which was known as "Vail Run Rcsort Conmunity", here-
inafter referred to as "Vail Run'r.
-1-
5. That under said zoning by Eagle County, Colorado,
the plaintiff'was entitled to construction upon its land
270 residential units together with 18r000 square feet of
comrnercial space and recreational anenities.
6. That at the tine of the said annexation, the plain-
tiff had constructed upon said Lot 11 and the southeasterly
one-half ol said Lrrt 10, approxjnately 2.5 acres, 19r000
square feet of coflrmercial space, 55 residentia]. units, and
nunerous recreational arnenities to serve the entire vail Run
development.
7. That on March 2, L976, Vail through its Council
enacted Ordinance No. 4, Se;ies of 1g76, which arnended the
official- zoning map of vail and inposed a zoning classifica-
tisn on plaintiffrs renaining approxirnately 6.3 acres, Lots 6
through 9, and northwest one-half of Lot 10, which pernitted
the plainti.ff to construct upon said propefty 6.5 residential
units per acre.
8. Thac plaintiff had prior to March Z, 1976, and in
reliance upon the zoning granted to it by Ebgle County,
'Colorado, expended vast suns of noney in the construction
of the above des.cribed inprovendnts to serve its entire Vail
Run developnent, on utiLity improvenents, site preparation,
planning, architectural services, recreation facilities and
the 18,000 square.foot retail shopping center to serve Vail
Run.
9. That the developnent of Vail Run
rrphased" developnent and the plaintiff by
set forth in paragraph 6 herein conpleted
of development of its property
10. That the defendants are estopped
.
tiff's reliance and conduct based upon the
-2-
had always been a
the irnprovenents
the first "phase"
because of plain-
aforenent ioned
Eagle County, Colorado, zoning"Vail Run, to down zone plain-
tiff's remaining undeveloped property to a ilensity of 6.5
residential units per acre
' 11. That the plaintiff has no plain, adequate, speedy
renedy at .Law..
SECOND CLAIM FOR RELIEF'
LZ. Plaintiff incorporates by this reference paragraphs
1 through 11, inclusive, contained in the First Clain for
Rel ie f.
13. That Vail's said down zoning of plaintiff's prop-
erty is nul1 and vo:.d becau5e said rezoning, as applied to
plaintiffrs property, is arbitrary, capricious, and an abuse
of defendantsr discretion.
THIRD CLAIM FOR RELIEF
14, Plaintiff .incorporates by this reference paragraphs
I through 11, inclusive, contained in the First CLain for
Rel ief.
15. That Vail's said down zoning is nuLl and void be-
cause of the defendants' faiJure to conoly utith its own rules
and regulations concerning the adoption of and enactrnent of
rezoning ordinances, namely Sections 4.10 and 4.11 of the
Charter of, the Town of Vail.
WHEREF0RE, plaintiff prays that:
L. The resolution passed by the defendants cin or about
l.tarch 2, 1976, down zoning plaintiff rs property be held to
be nul1 and void; and
2. The Court order that the plaintiff be entitled to
developrnent of its rernaining 6. 3 acres , tnore or less , in
compliance with the zoning granted to it by Eagle County,
Colorado, and known as "Vail Run Resort Conmunity"; and
-3-
t
f
*tt
;li
ttfI
3
F
3.
the Court
The plaintiff
nay seem just
be awarded such
and proper in
other relief
the prenises.
es to
Respectfully subnitted,
BMDLEY, CAMPBETL €CARNEY
Plaintiffts Address:
Drawer EVail, Colorad,o 81657
VINtrENT, IC TURI.IER
Vincent K. Turner, #694.
Attorneys for PlaintiffP.0. Box 2798
Evergreen, CoLorado 80439
303-674 - 33s1
By
-{n,,
t
^-svx*fl
TowN oF vArr
/\ EIUILtrlINGi PEFIMIT
o-
a
th.pdauqtvaitr(ll5:i9,4 AS 7?A.aae-<utttL
TOTAI FLOOR AREA
TOTAL LOT ABEA
FLOOR AREA RATIO
EASEMENTS
VARIANCE
UNCOVERED
PLAN CHECK
zo
F
a
EXITS REO.
.pZm#re
DAT€ oF APPLTcATToN /A , 7 p 7
CLASS OF YI'ORK
NEw{} ALTERAT,'" rfioo,r,o" ( ) REpArRr }
SO. FT. OF ALDG.OFF ST. PARKING
NO. OF LIVING UNITS
SO. FT. COMMERCIAL
R( } ELEC UNIT I }
etx C rtun/,/t
INT. WALLS
1. TYPE oF coNsrnucrroN I r r,' ar?\ v
A B c D e@c xii
Drvrsf oN 1 (2) ? 4
BUILDING PERMIT
SPECIFIED PLAN CHECK FEES
FI BE SPRINKLERS
DRY STANOPIPE
RAL DESCRIPTION OF WORK AREA SEPARATION
OCCUPANCY SEPARATION
ABOVE IS CORRECT AND AGR,EE TO COMPLY
SIGNATURE OF OWNER OR CONTRACTORc&4-ravs a.r
o
I'. rl^
I
i
i
DJSSIGN REVIEW BOARp
0cToBER 27,1977DATE OI' I{EETING:
UffiBERS PRESEIfI:BILL RUOFF
LOU PARKER
BILL BISHOP
RON TODD
ABE S:ir?ieO
SUBJEST: VAIL RUN - TEMPORARY PARKING LOT
ACTION TAKEN BY
IIOTION
TPPEOVED:
DISAPPBOVED.:
, BLOCK_,LOT FILING
BOARD:
UpraNt,t4d_?.F,
ABSTENTION:
SECONDED BY:
AGAIIIST:
to, 6ox
r')r-. l/,
Town of VaiI
EI,NCIBICAL PMMIT
Ng
Building Valuation
Electrical Valuation
Permit Fee
Inspection Fee
Total Fee
491
$.-..-...-.--.-.-.---..-.....
$.......e:.{ 6.. n........
A
Date of Application.... --...-."--.....--..-(!-(-T.:.4-!....-...-..........-.......19.--- .1L-..-...-..-
APFROVAI,S
TIIIS FORM 13 TO BE POSTED O1{
.IOB SITE DURING COI{STRUGTION
24 HOIJRS ADVANCE NOTICE
REQIIIRED FOR INSPECTIONS
Dat€
./e'z{:77
Date
FIEBL'ESiT
VAIL
l
DATE ,'.,- '-.
!NSPECTttU
TOWN OF
JOB NAME
TIME RECEIVED- AM PM CALLER
n orngn
MON
COMMENTS:
fl penrrnl LocArroN
TUE
READY FOR INSPECTION
WED THUR FRI AM PM
e?-
flnppRovED E orsnppRovED n nerNSPEcr
fl upou rHE FoLLowrNG coRRECTToNS:
CORRECTIONS
DATE
INSPECTOR
tNsPEeTroN
TOWN OF
F|EEUEST
VAIL
DATE
TIME RECEIVED- AM PM CALLEB
!
:
:
I
n otrrn
. MON
COMMENTS:
FRITUE
E peRrrnl LocATroN
READY FOR INSPECTION
","scg THUR AM PM
El nppRovED florsnppRovED E nerNsPEcr
D upon rHE FoLLowrNG coRRECTToNS:
CORRECTIONS
DATE
rNs]'ECTrltv FTEBUEST
TOWN OF VAIL
DATE JOB NAME
TIME RECEIVED- AM PM CALLER
n orHen
MON
GOMMENTS:
TUE
I penrral LocATroN
READY FOB INSPECTION
WED THUR FFI AM PM
E nppRovED E orsnppRovED ! nerNsPEcr
fl upon rHE FoLLowrNG coRRECTloNSr
CORRECTIONS
INSPECTOR
tNsiPEcrlt"
TOWN OF
FIEBUEST
VAIL
DATE-JOBNAME .-
TIME RECEIVED- AM PM CALLER
E ornen
MON
COMMENTS:
I pnnrral.LOCATION
TUE
READY FOR INSPECTION
THUR FRI AM-PM
I nppRovED E orsnppRovED E hErNsPEcr
D uporu rHE FoLLowrNG coRRECTToNS:
CORRECTIONS
INSPECTOR
T0lryr{ 0t
EIL' I LtrII I\IG
vA tt
PEFIMIT
hb"z-*D(>r,n\
TOTAL FLOOR AREA
TOTAL LOT AREA
FLOOR AREA RATIO
UNCOVEREO
VARIANCE
PERMIT
EXITS REO.
DATE OF APPLICATIoN n/ h 19
MAIL ADDRESS NEWI I ALTERATION(.TADDITION{ } REPAIR I )
SO. FT. OF BLDG.HEIGHT IN FT.OFF ST. PAR KING
MAIL ADDBESS NO. OF STORI ES OFF ST. LOADING
NO. OF LIVING UNITS
SO. FT. COMMERCIAL
FORCED AIR ELEC I } UNIT
COVERING
1. rYPE oFcoNsrRucroN I l n@v{R)
2. occuPANcY GRouP A B c D e@e g t t
Df vf sf oN 1z-]3 4
BUILDI NG PERMIT
SPECIFIED PLAN CHECK FE ES
FIRE SPRINKLERS
COMB, STANDPIPE
SMOKEPROOF ENCLOSURE
ERAL D€SCRIPTION OF WOB AREA SEPARATION
OCCUPANCY SEPABATION
EASEMENTS
.,o,",1 l/z2la Ez
r HEREBY ACKN.*LEDGE ,no, ft("
READ THIS APPLICATION AND STATE THAT THE
ABOVE IS CORRECT AND AGREE TO COMPLY
WITH ALL AOWN ORDINANCES AND STATE
LAFI REGI\PrNG BUTLDTNG coNsrRUcrrg\.
r/zz
1?t a
SIGNATURE OF OWNER OR CONTRACTOR
rNseecrGru
TOWN OF
FIEBUEST
VAIL
DATE
TIME
JOB NAME
RECEIVED- AM PM CALLER
I orHrn D panrrar.L OCAT ION
READY FOB INSPECTION
WED THUBTUE FRI AM PMMON
COMM E N TS:
n nppRovED
tr uporu rHE
CORRECTIONS
I--1 ^, ^ ^LI DISAPP ROVED
FOLLOWING COR R ECTIONS:
I nrrNSPEcr
iJATE
INSPECTOR
rNsPEcrlln,
TOWN OF
]IEOUEST
VAIL
DATE
TIME
JOB NAIME
RECEIVED- AM PM CALLER
n orHen
MON
COMMENTS:
TUE
I pqnrtnL.L OCATI ON
READY FOR INSPECTION
WED THUR FRI AM PM
f, nppRovED
f uporu rHE
CORRECTIONS
t_'-1 ^. ^ ^LJ DISAPPROVED
FOLLOWING CORRECTIONS:
I nerNsPEcr
INSPECTOR
PLTJMEilNG/MECHANICAL
TOWN OF VAIL
PEFIMIT
USE OF BUILDING:
cLASS oF woRK: n rrrew E noorrroru [l nenaooel I Rern'n
RIPTION OF WORK:
! aeenoveo
TOT,AL FEES: $
PLUMBf NG: NUMBER - - ,71.MECHANIGAL: NUMBER
VALUATION $VALUATION $
REMARKS:REMARKS:
PERMIT FEE PERMIT FEE
! orseppnoveo DATE
g,2*
EXITS REO.
DATE OF APPLICATION
CLASS OF WOR
MAIL AODRESS NEW ( I ALTERATION (.,f ADDITI I REPAI R ( I
USE OF BUILDING /-T) F i
SO. FT, OF ALDG.HEIGHT IN FT.OFF ST. PAR KING
MAIL AODffESS NO. OF STOR IES OFF ST. LOADING
NO. OF LIVING UNITS
IVATER I ) FOFCEDAIR () ELEC I }UNIT( }
1. TYPE OF CONSTBUCTTON I t tV
2. occuPANcY GRouP A B C O E F qfi) J
DtvlstoN 12 3 4
BUILOING PE RMIT
SPECIFIED
FIRE SPRINKLERS
WET STANDPIPE
ORY STANDPIPE
CLEAN UP DEPOSIT
ACKNOWLEDGE
AREA SEPARATION
OCCUPANCY SEPARATION
TOWN OF
EIIJILEIII\IG!
VA IL
PEFTMIT
UNCOVERED
APPLICA
PLAN CH
RMIT #7_7
Ptu(
T
ATE TIIAT
D AGREE TO
ORDINAN
BUILDING
il
TOTAL FLOOR AREA
TOTAL LOT ANEA
FLOOR AREA RATIO
EASEMENTS
VARIANCE
ATURE OF OWNER OR CONTRACTON
/%/
ATTACHEMENT ''A''
Conditional use permit application
By: Colorado Investment ServicesFor: A public service use -- radio station -- in a SD 5 zone.
The proposed use i-s for a moderate sized radio station operationin an existing builcling. This type of facility will hav6 no negativeimpact on the local environment li it involves onlv the use ofrecording and existi4 i 1 S.un structure and will not be visiblefrom the exterior.
Road adjacent to I-AILI!-&UN/is located along the North Frontageapproximately 1 mile .r{est of Exit 35.
The
the
proposed use is consistant with development objectives ofTown of Vail for the following reasons.
A. As a public service use the radio station witl notgenerate additional population growth nor additionaltraffic. Therefore, there should be no measurableimpact on utilities, schools, parksT recreation facilitiesand the Like.
B. The only traffic generation will be from the small stationstaff. No negative traffic related impact will resultfrom this use.
C. As noted above the operation will occupy space on theinterior of an existing structure. Therfore, therewill be no negatj-ve visual impact on the surroundingarea.
D. The proposed use is compatible with land use objectivesof the town having very little measurable impact onany existing uses in the area.
We respectfully urge your approval of this request.
o
APPL ICAT ION FOR VAR IANCE
And/0r
CONDI TIONAL USE' PERMIT
0rd inance llo. 8 ( Series of 1973)
App I ication 0ate Aug. 17 , 1977 Publicatlon Date Aug. 26, 1977
Hearing gut" SePt. 15, 1977 Hea ring Fee $roo
Fin6l Decision date lor Tovrn Council
Bob Bynd
I (we) Colo. tnvestment Senvice. lno.f Vail Run, Dnawen E(Appticant) (Address,(aOS)
Colonaclo
( State ) (C ity )
do hereby request permission to appear before fhe Vail Plannino
Commiss ion to request the fo I low ing:
ln
For tho fo I low ing described property:
F i I i ng 1'1um5si- Lionsnidge Filing_# I
Clearly state purpose and intent of th is application
Rezoning fon constnuction of dwelling units as descnibed
) Varian c f ro:n Arf icle . Secticn) Zon ino Chanqe {rom neslOentlal
) Parkino Var iance c lUsten cllstnlOt tO SlJ 5
) Cond it iona I Use Pe rm ii to allow
' \/ait Cl 657 Phone 476-19O0
Zone.
6 r7 .8,Lot/ t ra c t_grJI_r_J-+ B lock C
in Ondinance # .. Senies of 197?. Amendment to SDS
and publicaiion, rrThe Completion ol Vail Runrr.
What do you fec I is the bas is for hardsh ip in th is case?
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TNSPECToN FIEGTUEST
TOWN OF VAIL.
o,.'e V' 7 3 '2 ?-JoB NAME
TIME RECEIVED- AM PM CALLER
! orHen ! pnnrrnr-.LOCATION
I eppRovED
E upol,t rHE FoLLowrNG conRECTIoNS:
CORRECTIONS
E orsappRovED fI nrrNsPEcr
DATE
INSPECTOR
0^w 6"$t^oafl KJY)
Novernber 28, L977
l!
City Council
Town of Vail
Vail, CO 81657
Gent l emen :
I hereby request an extension of one week
on the hearing of Vail Runrs rezoning request
regarding Special Developnent District Number
Five. The additional tine is required for the
purpose of allowing the new cor.rncil adequate
time to review all information pertinent to this
request. We would appreci-ate being scheduled
for the afternoon cormcil work session on
Tuesday, Decernber 13, L977. If there are any
problerns with this request, please contact me
at your earliest convenience.
r;[,. ilo*o
Services,Inc .
REB: j j
o FresoRc c()'rr2rYx)rita
drawer E r vail, colorado . 81557 reservations (303) 476-1500 r sales (303) 476-1900
I : iii,l?titi i i#',T ,li#i:J i]],'::l'r-,
3. N/A STANDS IOR NOT APPLICABLE.
4. ANY NO ANSWER ShALL BE SPECITIED.
AND EUILDING.
C, D, OR COMEINATION.
NAME OT EUSINTSS
OCCUPANCY
INSURANCT rne,vt ff
enrcr I
NAME Oi OWNTR MANAGER
NO. FOR EM
coNcntrr fl
Mf TAL
GENE
]. ROOF OPENINOS
2. EXITS PROVIDED & IN ORDIR
3. STAIRWATS PIOVIDED & LN OADER
N tJ ANBTR
7. flRt DOORS PnOV|DED A rN ORDER
8. FIRE ESCAPFS PIOVIOED 9 IN ORDTR
HEATING
9. ELFVATORS
IO. SPRII'IKLER !Y5TEM
rl. sMo!:c oR frtaT DtrtcroRS
r?- flRt DEP] coNr'ftcTioNs
ALIRT DTV]CI WCRNNG
]]. TOCAL ALAIiM
ELECTRICAL
]. PROPIR WIRING
2. PRC'PtR tXTtNslON CORD!
3. PRQPIp '-O 5DS
HOU SEKEEPING
l. GOOD HOUSEKTEPTNC
2, ADtOtrAlt RUftirSr-l cor.rTA NtRS
]. PROFTR SIORAGI OF A1HT5
4. PROPfR STOK.1'i CF CLLT RAG5
5. PROPTR I'IORAGT OF PAINTS
6. FROPLN STORAGI OI PACX]N(;
^,'IATERIAL
7. IROO{P:TJPAGT OI RUBB
'N
8. PROPIF itORACE ()r ACIDS
IO. PI(JPfR \IORAGE Of itPLOs VE5
11. PPC|I I SrOoA.-t OF I LM
12. PRCPLR 5IO1?i.jt Or OiiltR
.. EXTINGUI\.iLRS iN OTDTR
5. EL€CIRICAL SHU]CFF A CCI S5I8LT
6. VTRT]CAL & HOR IONiAL FIRE 5TOP5
r. PROPiR Ptflr'lc
PROPFI VITITING
PROItS CLTARANCI
2, I1OT WAISI TANK
ACCt5StBri
PROP!I? \' E'II NG
9. PROPLK sTORAGT OF HAZARDOI.JS LIQUIDS CR GA5E5
TOCAT ON
NU MEtR
NU\46TR OI EACH
LOCATION
oP .:tD /CLOStLI
LOCA
REMARKS
RKS
J. COTiBUStION ,.\ri? 1o{JRct
REMARKS
l. Tqt llNDtRStG\[D, Ar,1 tN RtcEltr or A coPY oF-f ls lNsPtcTloNl l]ollct AND AM AwARt oF IHt PENALTIG5
FOR I.]ON.COMP;IANCt OI ANY ORDLRS TISTED H[RTON.
aorrra,,u*, ro", \ \sPFcllor' fl
rt r^,^f o. / rt-rNsrtr.rroN I oatr ISSUID BY
HAZARO NOTICT NO._ DAT|
-
ALL STRUCTURAL.WIRING.SANITATION AND HEAI-TH CONDITIONS SHOULD ALWAYS BE REFERRED TO THE FIRE PREVENTION BUREAU.
VFD-75 WHITE.BUITDING TENANT CANARY.FIRE DEPT. PINK-TIRE PREV, BUREAU
Vail Fire Department
hrn
P. O. Box 100
vArL, coLoRADO8l657
476-2200
476-5613
Exl.223
Date served:
CORRECTION NOTICE
Date ol original inspection:
Building address:
Time served:
Building name:
Building owner:
THIS SUPPLEMENTAL REPORT COVERS THE FOLLOWING:
tr UNIFOBM FIRE CODE (U.F.C,) VIOLATIONS IJ
tr NATTONAL ELECTRTC CODE (N.E.C.) VTOLATTONS B
tr OTHER
SAFETY VIOLATIONS
UNSAFE PRACTICES
DESCRIPTION OF VIOLATION:
ACTION REQUIRED TO COHRECT VIOLATIONS:
CITED CORRECTIONS SHALL BE COMPLETED BY:A.M. / P.M. Date:
FAILURE TO COMPLY WILL RESULT IN FURTHER ACTION UNDER THE PROVISONS OF THE U.F.C. 1973 EDITION
COPY TO: tr VAIL BLDG. DEPT.tr VAIL POLICE DEPT.
tr PUBLIC SERVICE
tr PUBLIC WORKS tr HEALTH INSP.
tr WATER & SAN. DEPT.
BUILDING OWNER/MANAGER:
FIRE DEPARTMENT OFFICER:
(Signalute)
lSignaturo)(Tnle)
TOWN OI I,AIL
EIUILEIING PEFIMIT EXITS REO.
DATE OF APPLICATION 19
CLASS OF WORK
MAI L ADDRESS NEW { ) ALTEBATION { } ADDITION( IREPAIR( }
USF OF BUILDING COVERED
SO. FT. OF BLDG.HEIGHT IN FT.OFF ST. PARKING
MAIL ADDFESS NO. OF STORI ES OFF ST, LOADING
NO. OF LIVI NG UNITS
MAIL ADDRESS SO. FT. COMMERCIAL
TYPE OF HEA
WATER I FORCED AIR ELEC ( IUNIT ( I
LOT BLK FI LING COVERING
EXT. WALLS
1. TYPE OF CONSTRUCTION I II III IV V I HB
2. OCCUPANCY GROUP A B C D E F G H I J
DtvlstoN 12 3 4
BUILDING PE RMIT
SPECIFIED PLAN CHECK FEES
FIBE SPRINKLERS
WET STANDPIPE
DRY STANDPIPE ELECTRICAL
CLEAN UP DEPOSIT
SMOKEPROOF ENCLOSUBE
ERAL DESCRIPTION OF WORK AREA SEPARATION
OCCUPANCY SEPARATION
SPECIAL INSPECTOR
TOTAL FLOOR ABEA
TOTAL LOT AREA
FLOOR AREA RATIO
EASEMENTS
VARIANCE
UNCOVERED
APPLICATION
ACCEPTED
PLAN CHECK
APPROVAL
PERMIT #
I HEREBY ACKNOWI,EDGE THAT I HAVU
READ THIS APPI,ICATION AND STA fE THAT THE
ABOVE IS CORRECT AND AGREE TO CO]IIPLY
WITH ALL 'IO\lN ORDINANCES AND STATE
LAWS REGARDING BUILDING CONSTRUCTION.
SIGNATURE OT' OWNER OR CONTRACTOR
PL ICAT ION FOR VAR IANCE
And,/Or
CONDITIONAL USE PERMIT
0rdinance No. B (Series of lgl3)
Publication Date
o
AP
App I icat ion Da
Hear ing Date
Final Decision date for Town Council
| (we )
Colorado VaiI
o f
'-
T
?
t
I
c
t
IIt
,I
i
j
1000 Lionsridge Loop
(Address)
(State)(ci ty)
before the Va i I
47 6-L500rnone
P lann ingdo he reby request permission to appear
Comm i s s ion to req uest the fo | | ow i nq :
(
(
('
(
Variance f rom Article--,
Zon ing Chanqe f romPark ing VarianceConditional Use permit
in
Sect ion
TO
to a | | ow
Zone,
For the following described
Fi I ing Numbe. Lions Ridge
property: Lot/tract*l0, II , Block
Subdivision first filino
clearly stafe purpose and intent of this applicalion.currently,
two tennis courts at vail Rdn are covered with an air structure.
we desire a variance to al1ow expansion of the struc.t.ure to
cover an additional court, already in existence, making the
structure a three-court installation. Expansion urork woul_d take
ing Fee
Warren Klug for VaiI Run
(Applicant)
place this falI, with courts ready for play in November.
what do you feel is the bas is for hardship in fhis case? such
allowed ulder present code. Anv work
to the existinq structure requires variance approval. The third
include an addition to the lenqth of 64 feet total. Entire
bubbre will s!i1l be within the -:"!irg_Jetris jence area.
Signature of A I icant
/
ll,l t MEMORANDUM
TO: PLANNING CObIMISSION
FROM: DEPARTMENT OF COMMUNITY DEVELOPMENT
RE; VAIL RUN - Building BuIk Control Variance to
Cover an additional tennis court in an BC zone District
DATE: JulyI,ir976
vail Run has applied for a building bulk control variance
to a1low covering an additional tennis court with an air bubble
structure to match the existing structure. The proposed
bubble, including the existing two courts will be approximately
185' x 140' with a diagonal of 220' and with no offsets. The
Residentlal Cluster zone a1lows a naximum wall length of 100'
and requires at least a l0,offset for each 50'of wall length;
the maxj.mum allowable diagonal is L25' .
The owner states the basis for hardship as I'Such tennis
enslosures are not allowed under present eode' Any work to
the exj.sting structure requires variance approval. The third
court is already on the site, and the structure expansion will
include an addition to the length of 64' total. Entire bubble
will sti1l be rvithin the existing tennis fence area' "
The Department of Community Development has reviewed
the criteria and findings provided for in Seetion 19'600 of
the Zoning Ordinance and our conclusions are as follows:
FACTORS:
l.Therelationshipoftherequestedvariancetootherexisting or pot-ential uses and structures in the
vicinity.
The bubbte directly adioins the Vail Run building to
the east and the land to the west is vacant and also zoned
- Vail Run
Page 2
Residential Cluster. The Interstate is to the south and Snow
Llon is to the north. Zoning for adjacent parcels would. not
allow a building tbe size of that proposed as a permanent
structure to cover the tennis courts. The bulk would be out
of scale with existing structures as well
2. The degree to which relief from the strict or li.teralinterpretation and enforcement of a speeified regula-tion is necessary to achieve compatibility and uni-fornity of treatment among sites in the vicinlty,or to attain the objectives of this ordinancewithout grant of special privilege.
There are no comparable uses or si-tes in the immediate
vicinity. To attain unifornity of treatment with other comparable
uses in the Town of Vail, we feel the tennis bubble could be
allowed as a temporary, winter use if it were removed in the
Spring as are the Vail Bacquet Club and Vail Intermountain
bubbles. The objectives of the ordinance are not met by in-
stalling a structure which is twice the bulk normally allowed
in the zone district. A zoning amendment is now before the Town
Council which would aI1ow the bubble to be in plaee for seven
months in any twelve month period. We feel that approval of
the variance would be a grant of special privilege not enjoyed
by any other property owner in the Town.
3. The effect of the requested variance on light anci
air, distribution of population, transportation and
traffic facilities, public facj.li.ties and utilities,
and public safety.
There would be no impact on the above items.
4. Such other factors and criteria as the Commission
deems applicable to the proposed variance.
Perhaps the most important factor which should be
considered is one of aesthetics. The all wbite bubble is
Vall Run
Page 3
extremely vislble against the green
site ltself is very visible f.rom the
Road and from the entire LionsBidge
place only 1n the winter months with
fades very well into the background
aesthetic detri-ment.
The Department of Community Development has considered
the following findings:
1. That the granting of the variance will not
constitute a grant of speeial privilege inconsis-
tent with the limitations on other properties or
improvements in the same district.
Ile feel the approval of the variance would, i-n fact,
be a grant of special privilege which would be inconsistent witb
other properties in the same district. No building bulk control
variances, with the exception of offsets, have ever been granted
in any multiple-family residential district within the Town of
Vait.as one of the express purposes of the zoning ordiDance is
to control total bulk of structures, whether for reereation or
habitation.
2. That the granting of the variance will not be detri-
mental to the pubtic health, safety, or welfare,
or materi.ally injurious to properties or improvements
in the vicinity.
The Department feels that the addltion to an already
non-conforming structure, which is nearly twice the al1owab1e
size, could be detrimental or materially injurj.ous to other
properties and improvements in the vicinity from an aesthetic'
point of view. Nearly every residential unit in Lionsridge
has a direct view of the tennis bubble and the proposed addition.
of the background and the
Interstate, the Frontage
area. If it were to be in
snow on the ground, i-t
and becomes less of an
--
'Vail
Page
Run
4
That the vari.ance is warranted for one or more of
the following reasons:(a) The stni.ct or literal interpretation and enfotce-
ment of the specifled regulation would resultin practical difficulty or unnecessary pttysical' hardship lnconsistent with the obiectives of this
ordinance.
The literal interpretation would result in practlcal
difficutty in that a tennis court cannot be covered within the
building bulk eontrol limitations; however, we feel the solution
to the practical difficulty is met witb the alternative of allow-
ing the bubble as a temporary use. Tfe find no physical hardshlp
outlined in the application or apparant on the site.
(b) There are exceptional or extraordinary cir-
cumstances or donditions applicable to the site of
the variance that do not apply generally to
other properties in the same zone
IYe find no exceptional or extraordinary cj-rcumstanses
applicable to the site.
(c) Tbe strict or literal interpretation and en-' forcement of the specified regulation would
deprive the applicant of privileges enjoyed
by the owners of other properties in the same
district.
No other owner in the Town of Vail enjoys the pri-vilege
for which the applicant is asking.
The Department of Conmunity Development recommends
disapproval of the requested varj-ance in view of the fact tlrat
no physical hardship exists and any practical difficulty is
being resolved by a proposed zoning amendment which should be
approved in the near future.
3.
I
DESIGN REVIEIII BOARD
DATE OT
MEMBER.S
I
MI',ETING:
ACTION TAKEN BY Boffi:
t
MorroN ' l'?n 't't'o "
PRESENT:
VOTE: FOR:.
APPROVED:
DISAPPROVIiD:
SECOMED BY:
AGAINST:
AB.STENTION:
SUIrI\IARY:
Rovston
Hairarnotc
Beck &
Abey
July 30, '1976
Mr. Warren Klug
Vail Run
Drawer E.
Vaii, Uolorado 81657
Re: Vail Run
Dear Warren:
I've received your letter of July 25, 1976 and must apologize
for not having written prior confirm'ing fee estimates. A
topographic map is necessary to reach proper land planning
discussions, however it is possible to proceed w'ith conceptual
analysis without the topo. Eventua'lly it must be provided and
final agreements will then be based on accurate information.
The essence of our discussion last week was that Vai'l Run would
conpensate my firm through the Town for p'lanning assistance in
determining logical site design direction and the probable density
of the site. The end product cou'ld be the agreement between Vail
Run and the Town of Vail as to site density and as to proper
methods of procedure for zonjng and Town Approva'l s. The end
product of my planning will not be an approved site plan butwill be severa'l a'ltenratives for land use which should g'ive you
a good basis for the necessary foilowing design work by Architects/
Engineers / Landscape Architects of your choice. I've always
taken the pos'ition with major developments in Town that my proper
role is that of a critic and agent of the Town rather than being
the designers of private developments which I would then be
called upon to review. There js an inevitable conflict.
I would estimate eight to twe'lve hours of my time plus approximately
eight hours of staff time to prepare site analysis drawings for
you. The fee range could be $450 to $650. Two or three site
dlagrams would be prepared to show land use opt'ions and the impact
of various densities of development. In effect you have the choice
of hiring your own consultant to do this work, or paying the
Town for extra services in aiding you in reach'ing agreement with
the Town. This is comparable to a private developer paying a Town
l"andscapc Architccts: Principals: Associates: 225 Millcr Avcnuc
Land Planning Roben Royston FASLA Harold N. Kobayashi ASLA Mill Vallcy
Urban Dcsign Asa Hanamob ASLA Roben T. Battenor ASLA California 94941
hrk Planning Eldon Bcck Ast-A, George W. Girvin ISLA 415 3E3t900
Environmcnal Planning ffitY_il? Robert s. sena ASLA
htricia Carlisle ASLA
,\
llr. Warren Klug July 30, 1976
or City for the preparation of Environmental Impact Report
by a mutually agreed upon consultant. I am taking some time
here to describe my understanding of the fee process and client-
prcfessional-Town relationship to avoid any appearance of
impropriety on the part of any party.
Following the site and density analysis, I would act as a
design review agent on your project for the town and you would
pay charges as required directly to the Town" Jim Larront can
explain this in further detajl. Full design review charges
can be rather high depend'ing upon the number of meetings, my
appearances before the Council or Cornnissions, and upon the
ski'll of capable professionals hired by you. The better the
plan, the 'lower the costs.
I will proceed with studies and can meet with you during the
Symposium week. Please mail a site topo to me as soon as one
can be located.
Thank you for your kindly letter. I too look forward to a
creative exchange and a good project resulting.
Slncerely,
ROYSTON, HANAMOTO, BECK & ABEY
Eldon Beckrt
cc: Terrell J. Mingeri
.19hn A. Dobson
-Clm Lamont
Stan Bernstein
Larry Rider
-2-
I
Vail nun
IramOntToughill
Bob Bryd
Lo/6/76
Our discussion concerned the approach that should be used by Vail
Run ln gaining approval of their project competion. We stated
that we were approximately one month away from knowing what figures
and planning determinants we would be using in our overaLl growth
management effort. We outline the planning concepts that lrere
being used by the county and ourselves in terms of the balance
development model. We gave him copies of our preliminary growth
managerrEnt density and population anaylsis. He stated that he
believed that VR needed an additional l-50 units (did not specify
wheather they were dwelling units or accomodation units). We said
that they could well be within the acceptable range. We outlined
the additional- units that were approved or being considered. I
stated that we hrere reaching our population l-imit in term of the
mountain master plan. I further stated that it was important that
VR consider itseLf a totally recreational community and that the
nceccessary support facil-ities shouLd be on their oun site. We
further suggested that he anaylize the entire lionsridege area in
order that he could demoininstrate how the further development of
VR wouLd benefit the entire ndighborhood. Ile suggested a joint
work session with the planning commission and council to work out
a agreement so that they could begin actual s5-te planning. I said
that it was premature in that we could not give him any development
staA,eards in terms of density. We stated. that we were seeking more
flexibility in desigin once these design standard were established by
the council. I suggested that he begin investigation of the absouluute
minimums which he could economically afford for the project.
i*
fu
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To:
From:
Date:
MEMORANDUM
Planning Commission
Department of Conrmunity Development
0ctober 14, 1976
Re: Colorado Investment Services Request
for Conditional Use Permit for a
Radio Station in Spec'ia1 DevelopmentDistrict 5
The staff has reviewed the Conditional Use Permit request accordingto Section 18.600 of the Zoning 0rdinance and haf the following
corments:
The app'l icant has requested a radio station operat'ion occupying
approximately 900-1000 sq. ft. of floor space be located jn thelower'level of Vail Run along with an snergency transmitter and
antenna to be located in an obscure location on the roof of thebuilding. This building is in an "SDS" zone in which both residential
and commercial uses are permitted.
Factors:
Relationship and impact of the use on development objectivesof the Town.
In an "S05" zone, one of the conditional uses allowed js for
Public Utjlities and Services. t,le feel that a radio station serving
the Vail community is providing a public service and should be considered
as such. The proposed use of this space as a radio station has no apparent
negat'ive impacts on the development objectives of the Town. No
additional population growth or traffic will be generated. The impact ofthis proposed use on Town services and facilities will be minimal.
Effect of the use on 1i9ht and
transportation facilities and other
facil ities needs.
air, distribution of population,
public faci'lities and public
This project wi'l 'l have no negative impact on the above mentioned jtems.
Effect upon traffic with particular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and control , access,
maneuverability, and removal of snow from the streets and parking areas.
This project wiI'l have no negative effects on traffic, since thestaff of the radio station will be small. Corrnercial uses which arepermitted in the district would generate a great deal more traffic than
the proposed Conditional Use.
Effect upon the character of the area in which the proposed useis to be located, including the scale and bulk of the proposed use in
relation to sumounding uses.
This project, located on the interior, will have no adverse effects
on the character of the area. The only visual part of the project, an
antenna, will be located in an obscure part of the roof, and should not
present any problems.
Page #2
MemorandumTo: Planning ComnissionFrom: Department of Conrnunity Development October 14, .|976
Continuation of Factorst
The environmental impact report concerning the proposed
use of an environmental impact report is required by'Article 16 of this
ordi nance.
An environmental impact report is not required as this projectwill have no sign'ificant impacts on the environment.
.-The Department of Community Development makes the followingfi ndi ngs:
That the proposed location of the use js in accord with thepurposes of th'is ordinance and the purposes of the district in whichthe si te i s 'located.
The proposed location is in accord with the provisions of theCondjtional Use section of the Zoning Ordinance and the development
object'ives of the Town.
That the proposed locatjon of the use and the conditions underwhich it would be operated or maintained would not be detrimental tothe public health, safety, and welfare, and would not be materially injuriousto properties or improvements in the vic.inity.
The operation of the radio station should not have any adverse
impacts on sumounding properties or on the Town as a who'l b.
That the proposed use wj11 comply with each of the applicableprovisions of this ordinance.
The request is jn conformance with the Zoning Ordinance.
- Jh" Department of Cormunity Development recorrndends approvalof this Conditional Use Permit.
o
DDSIGN REVIEW
o
BOARD
:
DATE OT MUETING:
MEMBERS PRESENT:
ACTION TAKEN BY BOARD:
MOTION:
VOTE:FOR:
SECONDED BY:
AGAINST:
ABSTENTION:
APPROVED i L
DISAPPROVED:
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Permit Fee
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24 HOIJRS ADVANCE NOTICE
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F',x,ncI'RICAL PERMIT Job
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Town of Vail
ELECTRICAL PERMIT
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24 HOURS ADVANCE NOIICE
REQIJIRED FOR INSPECTIONS
Received By
Town of Vail
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arfi-qi:jTUEWED FRI-AM PM
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n uporu THE FoLLowrNG coRRECTToNS:
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Town of Vail
EI..ECI'RICAL PERMIT rca Nu u. Qa,*[*a.--,fr*/*/- Mri6t*
Date of ApplicatiorL..- -
(-^. -. - -:" -......r()
Electrical Contractor
..ppri"u,t(-.ffi ffi
APPROVALS
Plan Checker
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THIS FORil| Ig TO BE POSTED ON
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24 HOURS ADVAI\ICE NOITCE
REQI,'IRED FOR INSPECTIONS
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Electrical Valuation
Permit Fee
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Date llaid--..--...
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229
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DATE JOB NAME
TNsPECIcrN FTEOUEsiT
TOWN OF VAIL
TIME RECEIVED- AM PM CALLER
! orren
MON
COMMENTS:
TUE
I panrtau LocATroN
READY FOR INSPECTION
WED THUR FRI AM PM
E eppRovED
! uporu rse
CORRECTIONS
n otsnppRovED
FOLLOWI NG CORRECTIONS:
fl nerNsPEcr
DATE
INSPECTOR
DATE
lNsPEcrl.N
TOWN OF
FIEOUEsiT
VAIL
JOB NAME
TIME RECEIVED- AM PM CALLER
fl orHen ! pnnrrll. LocATroN
READY FOR INSPECTION
WED THURMON
COMMENTS:
TUE FRI AM PM
I eppRovED
! upolrt rHE FoLLowrNG coRRECTToNS:
CORRECTIONS
n orseppRovED ! nerNsPEcr
DATE
INSPECTOR
rNse=CroN
TOWN OF
FIEOUEST
VAIL
DATE JOB NAME
TIME RECEIVED- AM PM CALLER
! orHEn E pnRrrnl. LocATroN
READY FOR INSPECTION
WED THURMON
COMMENTS:
PMFRTUE
B nppRovED I orsnpp RovE D
f] uportr rHE FoLLowrNG coRRECTToNS:
CORRECTIONS
! nerNsPEcr
DATE
INSPECTOR
DATE :_ JOB NAME
rNsiPEcr?N FIEBUEST
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TIME RECEIVED- AM:IM CALLERJ
n orHen E panrrel. LocATroN
READY FOR INSPECTION
WED THUR AM PM
[] eppRovED ! orsneeRovED E nerNsPEcr
IJ UPON THE FOLLOWING CORBECTIONS:
CORRECTIONS
z
tr
TYPE OF OCCUPANCY EXITS REO.
DATE OF APPLICATION
MAIL ADDRESS NEW() ALTERATIONI ) ADDITION() REPAIR
USE OF BUI LDI NG
SO. FT. OF BLDG.HEIGHT IN FT.OFF ST. PARKING
MAIL ADDRESS NO. OF STOFIES OFF ST. LOADI NG
NO. OF LIVING UNITS
SO. FT. COMMERCIAL
WA,TER { I FORCEDAIR { )ELECI
'UNIT
LOT BLK FI LI NG
,I. TYPE OF CONSTRUCTION I II III IV V I HR
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otvtstoN 1234
BUILDING PERMIT
SPECIFIED PLAN CHECK FEES
FIBE SPRI NKLERS
WET STANDPIPE
OBY STANDPIPE
SMOKEPROOF ENCLOSUHE
ENERAL DESCRIPTION OF WORK
OCCUPANCY SEPARATION
SPECIAL INSPECTOR
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BUILtr'ING PEFIMIT
TOTAL FLOOR AREA
TAL LOT AREA
FLOOR AREA RATIO
EASEMENTS
VARIANCE
UNCOVERED
APPLICATION
ACCEPTEO
PERMTT #
E TEAT I HA
READ THIS APPLICATION AND ST.{IE TIIAT THE
ABOVE IS CORRECT AND AGREE TO COMPLY
WITH ALL TOWN ORDINANCES AND STATE
I,AWS NEGARDING BUTLDING CONSTRUCTION.
SIGNATURE OF OWNER OR CONTRACTOR
T0wr{ 0t l,A tL
EIUILEIIIUGi ]'EFIMIT EXITS REO.
DATE OF APPLICATI
CLASS OF WORK TOTAL LOT AREA
NEWII ALTERATIO'Y,NL ADDITION { ) REPAI
SO. FT. OF BLDG.HEIGHT IN FT.OFF ST. PARKING
NO. OF STORIES OFF ST. LOADING
NO, OF LIVING UNITS
WATERI } FOACEDAIR ELEC I } UNITI )
LOf II BLK ( FILING COVERING
INT. WALLS
1. TYPE OF CONSTRUCTTON I || "t@ V IHH
2. OCCUPANCY GRouP A B C D E F G@r J
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BUILDING PERMIT
SPECIFIED PLAN CHECK FEES
FI RE SPRINKLERS
COMB. STANOPIPE
SMOKEPROOF ENCLOSURE
ERAL D€SCRIPTION OF WOBK AREA SEPARATION
OCCUPANCY SEPARATION
TOTAL FLOOR AREA
FLOOR AREA RATIO
EASEMENTS
VABIANCE
UNCOVEREO
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7
STATE THAT THE
REE TO gQMPLY
READ T}IIS
ABOVE IS CO
WITH ALI
ATURE OF OWNER OR CONTRACTOR
rNsFE{roN
TOWN OF
FIEOUEST
VAIL
DATE JOB NAME
TIME RECEIVED- AM PM C,ALLER
l
l
l
I ornpn EI panrrel. LocATroN
READY FOR INSPECTION
WED THUR FRIMON
COMMENTS:
TUE AM PM
D eppRovED I orsnreRovED fl netNsPEcr
I upoN THE FoLLowrNG coRREcroNs:
CORRECTIONS
DATE
INSPECTOR
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il\tsPEcroN
TOWN O
HEEUES
VAII
DATE
TIME
JOB NAME
RECEIVED- AM PM CALLER
florxe n ! penrrnl.LOCATION
READY FOR INSPECTION
TUE FRI-AM PMMON
COMMENTS:
WED THUR
INSPECTOR
E eppRovED E orsappRovED ! nErNsPEcr
E UPOT'T THE FOLLOWING CORRECTIONS:
CoRRECTfONS , .., ,,: ..
rNsPEcQru
TOWN OF
FIEBUEST
VAIL
DATE JOB NAME
TIME RECEIVED- AM PM CALLER
f]orsen
MON
COMMENTS:
TUE
fl pnnrrnl. LocAnoN
READY FOR INSPECTION
WED THUR FBI AM PM
E appRovED E orsappRovED
! ueon rHE FoLLowrNG coRRECnoNS:
CORRECTIONS
fl nerNsPEcr
DATE
Town of Vail
F:I,ECTRICAL PERwIIT Job Name.-..1
Ng
Building Valuation
Electrical Valuation
Permit Fee
Inspection Fee
Total Fee
Date
,Ax
Date of Applicatiorl.----5-...-".....:--....../..3.....-...- -.----.-..--.rg-...7.6.-........
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APPROVALS
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t"/*/ro
THIS FORM 13 TO BE POSTED ON
.,OB SITE DURIilG CONSTRUGTION
24 H(X'RS ADVANCE N(yIIG
NEQIJIRED FOR INSPECIIONS
A
JOB NAME
RECEIVED- AM PM CALLER
F|EEUEST
VAlLTOWN OF
DATE
TIME
I
i
E orxen
MON
COMMENTS:
TUE
E pnnrrnu LOCATION
READY FOR INSPECTION
WED THUR FHI 'AM PM
l
I
i
.E APPROVED
fl upor,r rHE FoLLowrNG
CORRECTIONS
florseppRovED
CORRECTIONS:
El nerNsPEcr
INSPECTOR
-rI
a
PLUMEI|NGi./MECHANICAL PEF|MIT
TOWN OF VAIL
oorrf fhv/8, /?76
T.BNAME \/a;z ,Qt:*t B*an t fu,r,e
OWNER ADDBESS
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oAt r=* n lno-, fu Ua< ffirc,tt*, Uo puone Qk€ ? n 7
flf nppnoveo
OF BUILDING:
oF woRK: El'new E eoolnon D nennooel E nepo,"
RIPT]ON OF WORKI flEE .)
PLUMBING: NUMBER /" R MECHANICAL: NUMBER
vALuArfoN $ qA) e VALUATION $
REMARKS:REMARKS:
PERMITFEE I tzg
l PERMIT FEE
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-_t 4I ----TOTALFEES: S / ,
'^,,fuyt4r?7Q.
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DATE /.' .. . . ',; J(
TIME REcErvEo . , Ani pm
tNstrE*oN
TbWN oF
FIEBUEST
VAIL
' -. t'-..,'.'l,^: :'
CALLER
n ornen
MON
COMMENTS:
'TUi
f]panrrrl LOCATION
READY FOR INSPECTION
WED THUR FRI am pili.;
flRppRovED
LJ UPON THE
CORRECTIONS
! orsnppRovED
FOLLOWI NG CORRECTIONS:
n nerNsPEcr
DATE
INSPECTOR.
DATE .,'
TIME RECEIVED AM PM CALLER
E orsen E penrrnl.
READY FOR INSPECTION
WED THURMON
COMMENTS:
TUE AM iiii')FRI
.E nppRovED E orsRppRovED
'I ueoru THE FoLLowrNG conRECrtoNS:
COBRECTIONS
n netNsPEcr
DATE
INSPECTOR
MECHANICAL
OAIE OF APPLICATION
NEW{' ALTERATION }<L ADDITION REPAIR { )
USE OF BUI LDI NG
SO, FT. OF BLDG,HEIGHT IN FT.OFF ST. PARKING
OFF ST. LOADING
NO. OF LIVING UNITS
WATER( } FORCEDAIR I )ELEC( IUNIT( I
LOT If SLK f FILI COVERING
1. TYPE OF CONSTFUCTION I II III IV V I HB
2. OCCUPANCY GROUP A B C O E F G H I J
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SPECIFIED PLAN CHECK FEES
FIRE SPRINKLERS
ORY STANDPIPE ELECTRICAL
CLEAN UP DEPOSIT
DESCRIPTION OF WORK AREA SEPAFATION
OCCUPANCY SEPARATION
TOWN OF
EIUILElTNG
l'A tt
PEFIMIT
t
/3{
TOTAL FLOOR AREA
TOTAL LOT AREA
FLOOR AREA RATIO
EASEMENTS
VARIANCE
UNCOVERED
APPLICATI
T I HAVE
READ THTS APPLICATION AND STATE THAT THE
||r. 9.ltit .t/vail)< n<4 t'Er1=i: Ff4orn . PERrvr 7- */ZF
INSPEC FIEOIJECiT
VAIL
TIME RECEIVED- AM PM CALLER
E orurn E panrtel, LocATroN
READY FOR INSPECTION
WEDTUE THUR ' FRI , AMPMMON
COMMENTS:
El app RovED I orsnee RovED E nerNsPEcr
E upoltr rHE FoLLowlNG coRREcnoNS:
CORRECTIONS