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Requested Inlpoc{ Date: Wednerday, September 26, 2007- Incoectlon Arca: Gs
Slte Addresr: 825 FOREST RD VAIL
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Requestor: R.A. NELSON & ASSOCIATES, INC
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R€questod Tlme: 01:00 PM' Phone: 970-949-5152
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Requostgd Insp€c{ pato: lednerday, S€ptomber 20, 2007' Insoectlon Area: CG
Slte Address: 825 FOREST RD VAIL
GORE CREEK PLACE,825 W. FOREST ROAI'
Tvoe: B-BUILD
Occupah'ry: 7
SubTvoe: NDUPUse: V€Insp Area: CG
Activitv:
Const TvD6:
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Contractor:
Description:
Status: ISSUED
INC Phone: 970-94$5152
CREEK PLACE BUILDING #4, UNITS 9 &10
Roouostod lmoecllon(sl
Item: !40 BLDG-Flnal CIO
Requeston R.A. NELSON &ASSOCIATES, INC
Comments: WlC471-2891*.'siiSoIB: JMoNDMGoN
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Insoec'tlon Hlstoru
Item: 502 PW
Item:10
Item: 20
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03/08/06
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Item: 30
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Entered By: JMONDRAGON K
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Action: NO NOTIFIED
WERE INSPECTED BY KOECHLINE ENG. FIML REPORT IS REQDTO
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FOOTINGS AND PADS
Action: PA PARTIAL APPROVAL
Ac{ion: DN DENIED
Action: CR CORRECTION REQUIRED
FOR:
FOR HANGERS.
RESISTANT HANGER AND FASTENER
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Roquestgd Inspgct pato: [gdnerday, September 26, 2007' Insoec{lon Arca: GG
Sltc Addnss: 825 FOREST RD VAIL
GORE CREEK PI.AGE BUILDING 5
A/P/D lnformatlon
Activitv:
Const Tvo6:
Ouirier:
Architect:
Contractor:
Description:
Tvoe: &BUILD Sub Tvoe: NDUP Status: ISSUED
Occupahby: 7 Obe: V-B InspArea: CG
Reouested Tlme: 03:00 Ptl' Phone: 97G'949€152
Entered By: JMONDRAGON K
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Waned'
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Action: APAPPROVED
Action: AP APPROVED
Action: DN DENIED
Phone: 303-292-3388INC Phone: 970-949-5152
CREEK PLACE BUILDING #5, UNITS 7 & 8
Rooucatod Inspoctlon(sl
Item: 5'l{t BLOG,Flnal G/ORequeston RA. NELSON & ASSOCIATES, INC
Commonts: W lC 47'l-2891AssignedTo: JMONORAGON
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R.quostgd Insppct 9at6: Itgdnosday, September 26, 2007- lnsoectlon Area: CG
Site AddrcsE: 825 FOREST RD VAIL
GORE CREEK PLACE BUILDING 6
Tvoe: B-BUILD SubTvoe: NDUP Status: ISSUED
Occupah'ci: 7 Vbe: V-B Insp Area: CG
Phone: 30$292-3388INC Phone: 970-94$5152
CREEK PLACE BUILDING 6, UNITS 5 & 6
Reouested lnspoctlon{sl
Itcm: trf{l BLDGFlnal GK)Requeston R.A. NELSON & ASSOCIATES, INC
Comments: W lC 47'l-289'lAssignedJo: JMONDRAGON
Time Exp:
piers south side of building
* Aoproved *
GCD'
Action: Pl PARTIAL INSPECTION
INTERIOR SPREAD FOOTINGS
Action: PA PARTIAL APPROVAL
Action: PA PARTIAL APPROVAL
Action: Pl PARTIAL INSPECTION
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Contracton
Description :
Requested lnaoection(sl
Requested lnspoct Date:
lnspocllon Arca:
Slte Address:
Wodnesday, Septembor 26, 2007
825 FOREST RO VAIL
GORE CREEK PLACE BUITT'ING 7
sub rgne:
$_orue
Type: $BUILDccupancy: /
Phone: 303-292€388INC Phone: 970-9496152
CREEK PLACE BUILDING 7, UNITS 3 & 4
Status: ISSUED
Insp Area: CG
Item: 5l{l BLDGFinal C/ORequeston RA. NELSON & ASSOCIATES, INC
Commenb: WIC 471-2891A*isli;[il3: JMoNDRAGoN
Time Exp:
Requested Time: 04:00 PM' Phone: 97G.949-5152
Ent€red By: JMONDMGON K
* Approved *
Item: 20
Item: 520
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PA PARTIALAPPROVAL
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bedd at comes for continuous reouir€mentInsoecton shahn ' Action: Pl PARTIAL INSPECTION
insbected (6) footinos south side.
Ins'pector: ' GCD - Aclion: AP APPROVED
Action: AP APPROVED
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??-75#07 In"p""$:n F"frFqt *Fo'ting p"g" +t
Roquest€d Insppct pato: Wodnerday, Septembor 26, 2007' Insp€ctlon Arca: CG
Site Addr$s: 825 FOREST RD VAIL
GORE CREEK PLACE BUILDING 8
Reouostsd Inspoc{lon(s)
Item: 540 B[DGFlnal G/OR€queston RA. NELSON & ASSOCIATES, INC
Comments: WlC471-2851Assiol;$.To: JMONDRAGON
A/P/D Information
Activitv:
Const Tvcr5:
Owtier:
Architect:
Contractor:
Description:
Insoectlon Hlstorv
Item: 502It€m: 503Item: 10
Tvoe: B-BUILD
Occupahby: 7
SubTvoe: NDUP
U'se: V€Status: ISSUED
Insp Area: CG
Reouested Tlme: 10:30 All' Phone: 97G.9495152
Entered By: JMONDRAGON K
Time Exp:
4it/1r)
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a* Apprcved -
and interior
Action: APAPPROVED
oN 02-27-06 Action: NR NOT READY FOR INSPECTION
Action: AP APPROVED
Comment: 7 PIERSItem: 520 PLAN-ILC Sit€ Plan * Aooroved *
07118106 lnsoector: Waneri ' Action: AP APPROVED
Comm6nt:
Item: 30 BLDG-Framino * Aooroved *
10/16/06 'lnsoscton GCD ' Action: DN DENIED
Comment: FIRE DEPT, AND FIREPLACE INSPECTION REQD.
REPTl31 Run Id: 7100
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THIS AGRFEMENT, made and e|teled into this -|24 day^ot' senuo,..7
-,2QoJ
.-
by a nd amons
-G.o
r-c ll['i ; *c'')---ft" ;b""{'n^1
;'ind
the rown or
VLif (tn" "fown') and ' E K ^/ fi'alzi"a' '"--
*HEREAS,theDeveloper,asaconditionofapp-rovalof-theTemporarycertificateof
occupancyfo - g? 4u""DZ7Ji#"'"iJ-iEo.. ( z.cc'K Plo"'. LL4'-
f1
IRREVOCABLE LE]AER OF CREDIT FORT\4AT
Legal DescriPtisP'.1 ot 3 _-,Block',-----
su"uoiuition,. Uar O<v l'rsUDOlVlSlOIf ._ wGo. -j:.r ---v :- J
Address:-"E! Li--Aetr o3"f,,ii7 tazo ' --
}ii: Jii: ;, ?eZ { it'=g- - f t o'' c e .-4 L e--
i;il;;;icotPt"tio-no-"t"'-'E[#XH":;E#;iil; D;,--s / slzry:--
er lmProvement'-o
(address, legal
Agreement; and
WHEREAS,
judgement of the
forth in the
filed in the office of
WHEREAS, the DryeloR\
frtJ?;ilil,Li
cr u di n s com tIJ
The Developer aorees to establish an^irrevocable letter of credtl#'fugilZtSr the amount
;'s-ni;bsl'e4 - ^ with&ak -et--a'^*:?1.',^r t*-ffiteii6nir att
i""-ffiunty,_colorado) as the securrty Tol
improvements referred to in this onr""niJii i" tn" ""!"i there is a default under this
Agreel,nent bY the DeveloPer'
NowTHEREFoRE,inconsiderationofthefollowingmutualcovenantsandagreements,
tn" o"u"IopliunJ tnt Town agree as follows:
1. The Developer agrees' at its sole, cost and expense'' to furnish all equipment and
materiats necessary to pl-,iorn.
-and complete "ll"''rpt;;;;i. i#ttto to in this Agreement' The
Developer agrees ," .#pi"i" "iffi"pr"d""o";;;;
i; l; this Asreement on or before the
.3lst day ot lry,ui----'Uez '--r'n"
' o"*rop"' shali 'complete'
in a good
workmanlike manner, arr improrements referredio Tn inii'nsreenr.en! in accordance with all
approved plans and ,pJliiiCj't,""r'nreJln tn" "#J"iin;'"cotimunitv
Development Departmenl
oi the Town of Vait, ""ii;';;;iiwork
incident"i'tn"i"to ""tording
to and in compliance with the
following:
DEVELOPER IMPROVEME NT AGREEMENT
F'.\cdev\FORMS\DlA\DlA credit format-l12002'doc Page 1 of 5
a. All said work shall be done under the inspection of, and to the satisfaction
of, the Town Planner, the Town Engineer, the Town Building Official, or other
official from the Town of Vail, as affected by special districts or.service districts, as
their respective interest may appear, and shall not be deemed complete urttil
approved and accepted as completed by the community Development
Department and Public Works Department of the Town of Vail.
2. To secure and guarantee performance of the obligations as set forth herein, the
Developer agrees to provide security as follows:
lrrevocable letter of credit#--3Q8!;2Jf -in the amount of $-DJ*-o;-2"-8J-
(125% of the total costs of the attached estimated bid(s)) with
of bank in Eagle County, Colorado) set to(name of bank in Eagle county' uoloraoo) set Io
ijipireon the 3lsr dayof 4u.aosr .,2Oo? (nol. to expire less
than 30 days -fter the date set f6-rth in Paragraph 1 of this Agreement) a9 tlre
security forihe-completion of all improvements referred to in this Agreement, in the
event there is a default under this Agreement by the Developer.
3. The Developer may at any time substitute the security originally set forth above for
another form of security or collateral acceptable to the Town to guarantee the faithful completion
of those improvements refened to in this Agreement and the performance of the terms of this
Agreement. such acceptance by the Town of alternative security or collateral shall be at the
Town's sole discretion.
4. The Town shall not, nor shall any officer or employee thereof, be liable or
responsible for any acciden1 loss or damage happening or occurring to the work specified in this
Agreement prior to the completion and acceptance of the same, nor shall the TQwn, nor any
ofricer or employee thereof, be liable for any persons or property injured by reason of the nature
of said work, but all of said liabilities shall and are hereby assumed by the Developer.
The Developer hereby agrees to indemnify and hold harmless the Town, and any of its
officers, agents and employeeJagainst any losses, claims, damages, or liabilities to which the
Town or a-ny of its officers, agenti or employees may become subject to, .insofar as any such
losses, claims, damages or lia-bilities (or actions in respect thereof) that arise out of or are based
upon any performance by the Developer hereunder; and the Developer shall reimburse the Town
for any
-and
all legal or other expenses reasonably incurred by the Town in connection with
investi-gating or d6fending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer my have.
5. lt is mutually agreed that the Developer may apply for and the Town may
authorize a partial release of ihe security provided to the Town for each category of improvement
at such time as. such improvementi are constructed in compliance with all plans and
specifications as referenced hereunder and accepted by the Town. Under no condition shall the
dollar amount of the security provided to the Town be reduced below the dollar amount necessary
to complete all uncompleted improvements referred to in this Agreement.
F:\cdev\FORMS\DlA\DlA credit format-112002.doc Page 2 of 5
6. lf the Town determines, at its sole discretion, that any of the improvements
referred to in this Agreement are not constructed in compliance with the approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail or
not accepted by the Town as complete on or before the date set forth in Paragraphl of this
Agreement, the Town may, but shall not be required to, draw upon the security referred to in this
Agreernent and complete the uncompleted improvements refered to in this Agreement. Pursuant
to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this
Agreement may be revoked until all improvements referred to herein are completed by the
Developer or the Town in accordance with this Agreement.
lf the costs of completing the uncompleted improvements referred to in this Agreement
exceed the dollar amount of the security provided to the Town, the excess, together with interest
at twelve percent (12o/o) per annum, shall be a lien against the property and may be collected by
civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner
as delinquent ad valorem taxes levied against such property. lf the Developer fails or refuses to
complete the improvements refened to in this Agreement, such failure or refusal shall be
considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer
shall be subjectto penalties pursuantto Section 12-3-10 (Violations: Penalties) and Chapter 1-4
(General Penalty), VailTown Code.
7. The Developer shall warranty th'e work and materials of all improvements referred
to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter
8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said
improvements.
8. The parties hereto mutually agree that this Agreement may be amended from time
to time, provided that such amendments be in writing and executed by all parties hereto.
Dated the day and year first rb2y,,Et"ts
?\*.e,g \ uRDc 1[te"-b"r
c* Gro''o".*.
STATE OF COLORADO
COUNTY OF EAGLE
Developer
)
f r
:
p-"
f l T.l':": * "!ig'g"fl,"',li','i*' "y:"ln: 1
t^*:: l " rli p, u * J 4
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) ss.
)
The foregoingllP Dav of llp&,tdWitness my hand and official seal.GtteOect
LL-C.
Pl*,
My commission expires '7- t"- o g
t);ft(: t- L4::_&2_
l,br,, 5,-lnol"^J
Notary Public L
,-1a. -cr ..ll
WY'"*W
F:\cdev\FORMS\DlA\DlA credit format-112002.d0c Page 3 of 5
lyCanrUonE$mOfiP20ts
STATEOFCOLORADO )
)ss.
COUNTYOFEAGLE )
The foregoin
\a Day of
Witness my hand and officialseal.
3fl H'ou.'"
nltffite n*sf soyt s8 :e{pil a
My commission ernir"s, Vt \ t b, Zodl-
EXIIIBIT A
Scope of Improvements
l. Complete landscaping per the approved Building Permit plans.
2. Building Permit # - 804-0195, issued April 28,2005.
EXHIBIT B
Cost of the Work
(see attached)
t.l. Llron & tlaocj-rtrg, inc.C.niree6 CoBE fltb D6i.ll
(t tth lniroica Detailt LZi20t06 ?a'l I
.tob Ettrr CcEt Codo CaE
,rD9aorred Rrni3rd hountloouDt Changerr Coottrcc 1n'rolc6d Rrr|ln€d
C€r:rr.cE! ll04-{l t ardicaf$ig I tlrgrln - 1f135?68 - tocty ||flt Cug"totl LA!DSC}?9S. rf1-0{-00 2-9100 SUB 408.147.{c tt.5;{.00 {19.72t.4d 266,lA7.7O 2r.€ls.ZO
trant cailint
fnvoicaa: 916I
t93' ft-ot-oo LNtosc^pr rorrlRrAlls 82,?28.86 e,2.t2.dg9162
'1-C4-00
r! Pln llc
3l-or-00 30t xr?
9414 3r-04-00 0r9475 f,l-01,-00 l'lie:om EFgaB9516 3t-0a-00 !,rE{icl?rrE
lt 0a00-07llo 3t-0a-00 af,rmscipruc
78.t22.13 i.612.2a.
Systa tater 12l?0/06gl,st*t fltcr 9120 .r
!il.a U..ll: tAsi|l .iFtl
tl^.gts . rtcr
AfiOtrnt
taid B!l|'!c.
24r,653.30 1t3,ttl.?6
t0. 580 . r.t
74, t53,97
1, 599.50
l,204. 98
r?, t55.28
r 6,,r39. 35
19, 2t? .lf,
1.212.50
241,552.50' lsa.{{5.26.
2rr,692.50. 15a.aa5.26.
1,599.50
r.20a.Eera,13t-72 :80,4440,82r,50 a.082.15{3.57{.81 a. 351.{8
f,r-0r-00 to
Rltlort Total.ar
17-?000 slrgery.r Chtrtrta€
Itwolc€a:
1,212.50 r.212.50
408.14?.,t6] 12,78S.50. 420,937.96. 26e.at1,7O. t6,8:5.20.
408,1{1.46r t2.?86.50. a?0.9!!-95. r6e.aa1.70, 3a,e35.aor
Page I of2
Gody O'Kelly
From: Mike Cuthbertson [mcuthbeilson@ranelson.oml
Sent; Wednesday, December 20, 2006 9:'{4 AM
To: Cody O'Kelly; Colernan V\fise
Gc: Todd GouHing
Subiect RE: Town of Vail Lefrer of Credit
Follow Up Flag: Follow up
Flag Status: Red
AtCrchments: Scan001.PDF
Enclosed is the copy of their subcontract and a cost report. I did not include the attachments, since it is several
hundred pages long and I believe irrelevant to what you are doing. Let me know if you need anything else.
A summary of their contract:
Original contract $408,147.46
Change Orders to date $12,786.50
Revised contract $420,933.96
Work Gompleted $266,4E7.70
Balance on Contract $154,,146.26
I have a call and e-mail into TOV to go over converting TCO's to CO's and extending TCO's if need be. I will keep
you in the loop.
Mike Cuthbertson
Senior Project Manager
Gore Creek Pliece
970.748.7662 Office
970.476.7882 Fax
970.471.20,f4 Gell
mc uthbertson@ranelson.com
RA. Nelson & Associates, Inc,
51 Eagle Road #2
P.O. Drawer 5400
Avon, GO 81620
970.949.5152
Please visit our website: www.ranelson.com
This e-meil, including any attachmentE, b inlended sol€ly br the persn(s) to whom it is addressed and may contain confidenthl intomation
protedd by lew. llyotr hwe rcceived thb c+rnil h en6r, deed notily u3 lnmcdhbly by r.ply }.mal and lhcn deleta thl' m€€sag€ from
iour sydem and deitroy all copiee. Disdosing, copylng, distributing infirrmation induded in this meB6age, or taking adion based on ihis
fneEagp by anyono other than th€ incnded rlcipien(r) i3 drioily prohibited. \ Je .pp.€cht your coopeEtion. Unhss tLted b the conbrty,
any oplnions or commentB are per3onal b the writer and do not represenl the ofichl vlew of the company.
From : Cody O'lGlly [mailto :COKelly@vailreorts.com]
Sent: Wednesday, December 20, 2006 8:25 AM
t2/2U2006
Page2 of 2
To: Colernan Wse; Mike Cuthbertson
C.rc: Todd Goulding
Subjest Toryn of Vail Letter of Crcdit
Mike/Coleman,
We would like a copy of your contract with the landscape subcontractor, and an amount paid to date by
Thusday. This give! us Friday to put trogether our paperuork and send out prior to the holidays.
Mike- have you secured a TCO extension for the project? | believe this is a procedural issue that needs to be
handled within the TCO lime period.
Gody O'Kelty - Asristant Prolect lf,anager
Vall Rorortr Developmcnt Gompany
Gore Greek Place, LLG.
Gclh 970.214..1!ii6
Fa* 97O.845.2358
U.S. Mail: PO 959, Intercomparry Box 96, Avon, Colorado 81620
Overnight 137 Benchmark Road, Avon, Colorado 81620
Visit one of our web sites at wt'w.vailresorts.com
The information contained in this message is confidential and intended only for the use of the individual
or entity named abovg and may be priviieged. Any unauthorized review, use, disclosure, or distribution
is prohi-bited. If you are not the intended recipienq please reply to the sender immediately, stating that
you have received the message in eror, then please delete this e-mail. Thank yott.
t2/2r/2006
R.A.NrtsoN
f ine builders
CONSTRUCTION ST]BCONTRACT
AGREEMENT
ARTTCL$.1.
This Agreement made thc 28s day of fttober 2005 ad effective the 28'i day of October 2005. by and betweerr
R.A. Nelson & Associates, Inc., herein called the Contactor arxl8egkLMor&trin0rstom landscapes trereinaft€r
called the Sr.ilrconractor, 60 perfofln part of the *ork on the following project:
PROJECT:
OWNER:
CONTRACTOR:
SUBCONTRACTOR:
ARCHITECT:
Notice b pani€s shail be given at the above addresses.
GorcCrcekPlae
825 West Foreit Road
Vail, Colorado 81632
Vail Resorts Derrrelopment Company
137 Berrhnrar* Road
Avon, Coloredo 81620
R.A. Nebm & Associates. Inc-
P.O. Drawer 54O0
Avorl Colonado 81620
Rocky Mountain Custom l.ardscape.s
PO Box 3672
Avon. CO 81620
970-748-E461
s7&748-5490 fax
4240 Architecture
1621 l8s Street
Suite 200
Denver, Colorado 80202
ARTICLE 2
LL SUECONT*ACTOR,S WORK. The Subcontractor agre to fumish all neessary managernent'
supervision, labor, naterials. tools, supplies, equiparent, plant, services, surdrie;, accqssories. engireering.
rcsting, andfor orher act or thing requircd to diligartly and fully perform and compk:te all landscaping and
irrigslion rrlatk as nnre specifically outlinal in Attachment [-
L2 COItaTnACT IXICLIMENTSI The work is to be conplcted in rnnlbrmity with the Contracl
Docusnnrs which irrlude :
t. This Subcnntsatl Agreerrntz.@
3. Attacfiment 2 Fhm acd Specifications
,t- Atta&mcnt 3 Gcncral/'Special Pmvisicns
5. Attadunent 4 Schedule of Valts
6- Attadunent 5 Constnrction Sdre&de
7. Attairunent 6 OCIP Manual
8. Exhibit O OCIP h,ovisisns
9. Subcqrtraqor agrces that the applicable pmvisions from the Genetal Crxrtract and Gerrral Conditions
in tbc form agreed to by RANA, with thc Owncr, are irrcorporated into tlris Agfeement upon it's
exec$tion
23 COITfiLICTS: In tlre event of a conflict between this AgreerEnf fird tlE Calttdct DosrrFnls' tlre .rnort
inclusive descripion of the Work sball prevail, exaept as spocifically outlined in Auachrneflt l.
ARTII;I,S.p
SCHEDT]LEOFWOru(
3.f TIME lS Of TIIE ESSENCET The Subcontractor shall bcgin the work within five (5) days of the
Contractor's reqrret for tbe Srbcontragor to begin work ard shall conrinue the Wort witlr srdticirzn staffurg so as
not to delay the pmilct. Funher. the Suboontractor shall bave a competeltt forcman, appmved by thecmtractot'
at the jobsire direciing the work at Nll timcsl shall ernploy the nunrber of qualified onplqrces mquinl to corryka
thc Wqk in accordance wirh tbe projr*t schedule atadpd trereto ard mde a part hereof a.s Attaclunent 5 . Not
employing the required of ernployees to pcrfmm thc Wbrk on a day-today bas is shall be mnsidc.red a condition
causing delay to the Projrrt subject to provisisrs of Anicle 3.3.
\2 lf the Subcontraclor is delayed in dre progress of the work by any act or rrghc* of the Owner, Architect,
Contracror; by any act or rcglect of any enployee of tbe Owner, Archircct, Conlractor I oth€r Subconlractss qt
tbe job; changes in thc work; or by alvenc $eath€r conditiotx not reasonably anlicipatfd' then the dme frrr
conpletion of thc Work slrall be extanded by an aanrmt nilrtually a$eed to in *riring bcween the Subconu'actor
and the Contractor. Any claim for ertensioil of titrE must be madc in wrling to tlr Cslilractm within 24 houn of
tbe disovery of the cause of thc de lay.
3.3 lfl the ev€nt ilut the Subcontrar{or fails to aomplete th€ Work within the arlotted titn€ or by the
predemrmined dare at rcquired by Artkle 3, or othenrise carues dditional delay to t}r Projeet schedule becausc
of failure to complete tlrc Woft in a tinrly fashion, tle Subontractor shall pay the Ccmuactor, as liquidated
damsgea, and not as pe$s1ry, tlrc sun of $1.500 pe.r day of delay. The parties rocogtdze thar it is difficult and
imprrctical to ascertain tle exact amosor of darnlge to be incrm€d by the Contracror and therefore this sum is
expressed and agrred upon as the damagas which will be suffered by rhe Contractor and dre Contracts shall have
thc right to deduct this sum from any paynfft due the Subcoorador.
3.4 lf the Clontmcror reasonably believcs thc Subcontractor is not doing the Wcnk ina marrrr thlt faciliotes
cfiypletion of the Work within the tkne as requk€d by Article 3, the Conracor may require thc Subconnmdor b
work ot'ertime, indudiog Saturdap. Sundays, atrd holidays and/or to add personnel and equipnrcnl to bring ttre
Work up to sdredule. All of such measures shal I lx performed and conpleted by the Subccntractor withort any
additional ccrst to lhe Contractor or tlle Proiect.
35 The Subcontractor shall provide all n€cessafy raaterial ard equipmarr in tirrr to prevent any delay tottrc
mmpletkrn of the hoject. Upon demard by the Contracrm. Subcronractor shall rubmit *ritten vcrification that
he has, or is odoring material aad cquipnrnt in a tirnely fashion. No extension of time for conpletir:n of the
Work shafl bc ailoq/cd for faihre of the Subconiractor to provide marerial and equiprr.nt on a tinnly basis.
3.6 lf tlrc Subcstractor fails to carry our the Work in accordrnce nith this Contrad or this Contract Ls
tcrminated for aoy ranson by eitha party, th€ Contractor mayenploy such other cruployees m subcontradss as
the Contractor excltrsively deems appopriate or necessary to complere the W()[k TIp Cmfactor shall charge fiE
additional costs of oompleting the Work to the Subcontractods acmrmt including any panalries inanntd by the
Contractor due !o the Subffiilractor s failtrre to complete the Wo* as agrced upon. K the cost of conpleting the
work exceeds this Couract Price thc Subcortractor agrees to reinfiurse tlp Csrtracc frany sulrls exceoding &e
Cortract Price, lf the cost of conpleting t}r work does nor exceed theContract Price, the balaneof dE Cortrd
Price rc.rnaining shall be paid to the Subonractor. If che Contractor is assessod danuges bydre Owrmfo faihre
to mmplere the Wo* on drne and if thc delay bas been carsed by the Subcontractor, tbe Subcontraclor agroes fo
pay the Contrac'ttr damages caused by or attributed to tlo Subcontractor's failtlre to rnrnplete tlre Work on tinre
as calculated in Anicle 3.3.
ARTICLE4
CONTNACTPRICE
The Contracror agrecs to lrfiy lo the Subcontractor for ths satisfacrory perfornnnce cf the Subconractods
work, tbe sum of Fotu Hun&ed Eight Thousand Orc Hundred Forty Seven & 46/ 100 Dollan (9408,147.46)
in accordance with Article 5 subjcct to aditiom or deducliorx per Anicle 6. Howcver, if the Subcontractor
does nor provide such bord or security, the rate of rctainage shall be lQ%.
ARTICLAs
5.1 GENNRAL PROVTSIONS
5.1.f SCHEDULE OF VALUES. 'Ihe Subcontrador shall use tlre attached schedule of values labeled
Attaclunonr 5 as the basis of all applicuions for paynrent.
5.1.2 PAYMENT USE VERIflCATION. The Comtractor shall have rhe right at all times to c'ontact the
subcontractms and suppliers lo eosure that rhe same are being paid by ths Subcontractor for labo or marerhts
fumished tbr use in performing the Subcontracto/s work Tlre Submnracror shall pay all trues related to Ns
worlc
5.13 PARTIAL LIEN WAMRS AIID.{$II}AVITS. When requirtd by the Contractor and as a
prerquisite for payrnerg thc Subcontractor shall provirh, in a form satiefactory to the Ou/rs ard dre Conraaor,
panial lien or claim waivers ard affidavia from rhe Subconnactor, and its subcontracmrs and suppliers for the
conqll€t€d Subcontraclor's rryor*. Srrctr waiver$ may b€ made condititnrl upon payrenl
5.1.4 SUBCONTRACTOR PAYMENT FAILIJRE" ln the evcnt theContractor has reoson to believethat
labor, nnterial or 6tb€r obligaticns incuned in the perfonnance of the Suhurtractq"r uo* art nol bcing paiA Ote
Csrtractcn shall give writtsr notice of suc'h claim or lien to the Subcontraclor afld may take Bny steps dcemed
necessary to insure that any progress paprnrt shall be utilized to pay stdt obligations.
If upon receipt of $aid fiolice, the Subcpntractor does not:
a- Supply evidencc to tlre srtisfactionof the Contractor lhat the mqdcs owing to thc claimant ha\e
beot paid. or
b. Post a Bffd indemnifying the O*ner, the Contmctor, the Confactor's suret]4 if any, and thc
prcmises from such claim or lien;
Th€n the Contrictor shall have thc rigfir to retain oirt of any paymenls due or to bcoome due to the Submntrasor,
a reasonable anount to pmt€ct tlre Contractc frrxu any and all loss, damage, or experlse including attorrfs fees
arising ort of or relaring to any sudr claim or lien rmtil the claim or lbn has boen satisfied.
5.f.5 PAYMENTNOT ACCEPTANCI. Payrnenr to the Subcontractor is specificnllyagreal not to frrrstit$te
a imply acccptancc by the Contractor or the Orvner of any portion of the Subonhactods work r Change Ordcr
Requests.
52 PROGRESS?AYMENTS
5.al APPLICATION, The Subcontractor's progress paynrnt application for rvork perftrrrrrl in the prrculing
payrnt period shall be submitted to the Csrtractor per the terms of this agreernent and specifrcally Articles
5.1 .l , 5.2.2, 5.2.3, aud 5.2.4 for approval of the ConEactor and Own€r.
52"2 RBTNNAGIi/$ECURITY. The rate of r€tainage shall no{ excecd the percentage retained from the
Conlractods paFnerrt by rhe Owner for the Subcontractor's work providd the Subcontractq fwnishes a bod q
othef, seerity to tbe satisfactisn of the Co$ractq.
If the Subcmtrretor has furnished such bond or security; its wort is satisfactory and the Contract Docurnerts
provide for roductiur of re*ainage at a speified percentage of conpteiion, the Subcufractds ntainage ehall also
be rcducerl wlrcn the Subcontractor's work has attained ttre sanre percentage of mmpletion and thc Ccltractor's
tr/.ainage for the Subcontractor's work has been so redrced hy the Owrm.
S.23 TIildE Of APPLICATION. The Subconracts shsll submit p{r}gress payrn€nt applicdions to ihe
Contraoor as outlitled in Anachflfrrt I for vrcrk perfumed during the prceding paymt period ard to tlE e.$en:
allowed urder Anicle 5.2.4, materiab suitably stored during thc preceding payment period.
5J,4 STOIED MAITRIAI*9. Unless otherwise prcvided in tlre Cffaact Docarnents, ard if approved in
advance by the Owner, applications fcr payncnt may include materials and equipment not incorporated in th€
Subcontractst vcrt but delivercd and suitably stcrd u the site or at sonle other ft:catixr agrcedugxr in q/dting.
Approval of paprrrr applications tbr such stored items on or off thc site slull be curditirmed upsr submisrim by
tlre Subcontractor of bills of sale and applicrble inruranrrc or such odrer procodurs satisfadtry to dre Owrt€r ard
Conuactor to sstablish the Owner's litle to such materials and equipment or oth€rwise protect the Owrxr's ride to
such mate.rials and oquipnent or otherwise protect the Owrs's ard Co{rtractors int€rest ftereh. including
trsnsportation to the sile,
S.2"5 TIME OF PAYMIINT. hogress paymerits to tlE Subcontractor for sati"sfactory perfornunce of the
Subontractofs work shall bc made no later than sevcn days afier rccript by the Conaador ofpryrcnt from the
Owner for such Subconuactofs work.
5r.6 PAYMDNT DELAY. If, for any r€asfrr not the fault of the Subcontractor, thc Subconranor does not
receive a progress paFncnt f:om the Contmctor within seven (7) day$ after the datc such paymcnt is due, as
defircd in Article 5.25, tlc Subcontractor, upon giving an additkxral seven (?) days writtan notice to th€
Conrractor, and without prejrdice to and in addition to any other legal renrodies, may .stop work until paynutt of
the full armunt owing to ttrc Subcontract has been receilcd- To thc extent obtained by the Conlracrtr under the
Csrtract Drcurnents, the Contracr Pric sball be inr.reased by tlrc amornt of the Subcontraclor's reasonable cost
of shutdown, delay, ard stan-up, *hic"h shall be effeoed hy appropriate Change Oder.
If the Subcontractor's work has been *lopped lbr thiny (30) dalr because the Sutrcontractor has not reoeived
proer€ss paytneilts ae required b€{€uodsf, the sut}contraclor may tefminrtc thls Agrccrnorl upon giving the
Contractor an addidonal seven (7) days written notice.
53 FINAL PAYMENT. Onc Hurdred percenl (100%) of the rerainage payment shall be made to the
Subconuactor a maxirrum of sixty (60) days after final acceptarrce by the Cortmctff and payrrrcnt by the Ovar,
provided the Subconhado,r shall have conplacd 0re work to the firll satisfaction of Contractor, Owner, and
Architect.
ARTIC*LE 6
CHANGES, CLAIMS AND I'ELAYS
6.f CHANGES Wreo tlre Contractm so orders in writing, the Subcontractor, withort null.ifying this
Agreement, shall make any anrl all changes in the p'ork, which are within thc general s<xrpe of this Agreement.
Adjustrdents in the Contract Prioe or Contrad Tinre if any, resulting from such changes shall be sa fonh in a
suboonran Change fuer puruant to lhe Contract Documer s.
No such additional adjustnHrls .shall be nrade for any srrh changes perfonned by the SBbcontractor that have
nol been so orde[€d by the Contracror.
62 CLAIMS RELATING TO OWIIER. The Subcontracor agrees to make all claims for which the
Owne is or may be liable in the rnanfff, provided in thc Contracl Docunrents l'or like clairns by the
Contractor upo,n tla Ocrrr.
Notice of such claims shall be giv'en by t}te Subcontracror to the Contractor within one ( | ) week prior to tlrc
beginning of the Subcontmctor's work or the event for *tich srrch claim is to be made., or imnFdiately upon
thc Subcontracor s first knowledge of the evenl, whiche,v€r shall fir$t oocur otlrcrwise, such claims shall be
decnrcd waivetl.
The Contractor agrees to peonit the Sub<nntractor to prosectte aod clainr, in the name of the Contraqtor, for
the use ard bencfit of tlte Subconhactor in the rnann€r provided in the Contract Docunqrts for like clairns by
thc Contracfor upon the Ovmer.
6.3 CLAIilIS RtsLATING TO @iIRACTOR. Thc Subcontracror shall give the Contraclor writterr
notice of all clairns not included in Article 6.2 witiin five (5) days of ths beginning of the went for which
claim is madc; otlmwise, such chirns shill be deenred waived.
.{ll uruesolved clairs, dispues and other nratt€rs in quertions between dle Contractor and the Subcontractor
rrct rclating to claims furctd in Articte 6.2 shall be rcsolved in the manner prcvided in Article l0 herein
6.4 DELAY. lf the prugress of the Sutrconractor's work is substantially delaycd without the fault or
responsibility of the Subcontractor, then the time for the Subcontractor's *rrrk shall be extended by Chonge
Order to the extent obtained by tlte Contractor urds Oe Contract Documents ard the sehedule of work shall
be revisod accordingly.
The Contracfor shall mt be liable to *p Subcontracror for any danrages or additionnl compenradur as a
oasequcoc of ddays causcd by any pcrson not a party to this Agreanent unless the Connactor lras fnsr
recovertd the rame on behalf of the SuLisntracttx from said persoq it being understood and agred by the
Submntracta that, apart from reccrval frun said person, tlre Sub@ilractot's sole and cxclusive reoredy for
delay shall be an exterrsion in tte tinr fu performance of the Subcontractor's work.
65 LTQUIDATED DAIIIAGES. tf the Conract Documents pmvi& for liquidacd or other damnges for
delay beyond. the completion date set forth in th€ Cootracr Docunrnts, and are so assessed, then lhe
Curffactot rmy assess sanre against th€ SubcofltracrG in proportion to the Subcoruracto/s strare of the
responsibility for sudr delay. Hourever, the anprmt of such ass€$srrE rt shall not exceeil the amount sss$sed
against the Conrraetor.
ARTICI,ET
SI'BCONTNACTON'S N.ESPONSIBILITIES
7.1 The Subco*ra<ror shatl do all of tlre wuk calted for in the Plam ard Specifications and shall fumish all
Iabor, equipnnt, marsials arrd other necessary' scrvice fc the conrple*e perfonnanc€ of the r+rrrk in a good,
substantial, ard wqkaanlike manner. All materials shall be nerl'. Neith€f, acceptarrce of. nor payment for the
wort or any part thereof, ncx the partial or €rrtirc use or occ{rpaacy of the Project by the Owner shall release
the subcontraclo,r frorn liability for special warranties of material or equipmnt imtall€d or for rvorkmanship
eifuich is tadty, unsoud, ifiproper. o,r not in acoordance with the Plans and Speifrcations, and the
Subontrar,tor shall, at his own expanse, take down ard neplace all such portkxrs of the hojat done by him
or his subcoflbacror's ard shall rernody any defects due threto and pay fie Owner for any damage resutting
therefmm whbh shall appear withia a pafrrd of orn year ftom ttre dat€ of rccept&@ by ile Owner of the -
Projoct (mless Spocificatiou call for a tonger guaranie period).
7.2 The $ubconeractor shall keep his work area broom clean on a daily basis. The Conrractor, at its cost,
shall provide a fiash trailer on site, Sllqrld tlE Subcontrsctor not elean up ur a daily basia, the Conuactor
may chan up and charge th€ cost thercof to the Subcmrractor. Tbe rstes for the cleal t.p arc as follows:labor€rs $28.m
Carpenters
Superintendents
$50.00
$75.00
7.3 The Subcomractrx recognizes his responsibility and agrees to tak€ pmper care to safeguard all building
TtF illl located on the prernises, Frmher, the Subcontrddor agrees to pay frx damage to the building and/or
the building site becaure of the Submntrecror's actisr or inactkrns.
?J.l 'fhe Subcontractor agrees to bave designatd project manager attend r+'eekly pmjecr meerings and be
available daily on site or by rnobile commr.micarirms.
7.3.2 The Subconuactor shall be responsible for the unloading of all supply tnrcks, and the handling and
distribution or rodistributioc of all equipnrou or related materials.
7J3 Tbe Subconnaclor shall provi& his own temporary tighting or power exteflsiots for his wort, fmm the
terporary panels Fovided by Contractor.
73rl rhe subconrr&c'tor shall pmvide cuning ard patc'hing for all wryt within dre contract.
7.4 The Subcnnfiastcr agrc€s to make no changes in the *or* or to charge for any extra labor. rnaterials,
ovshead or odier items unl€ss tirere exists a written agrecrnoa etrtercd into betwoen the Subconraoor ard
tlE Contractrrr s€tting fordr the scope and cost of tlre dranga Further, should llr€re b€ changes made in the
scope of the work pursuant to ftis Contrrot, the Subcontractor and the Contractor shalt, in good faith.
n€-golia& a fired price to be pairl to rhe Subcontractor for the changes prior to the effectuation of the chsnge$.
If' for any reson, the Subcuntractor and the Contractor fail to agree upon rlrc fixed price to be pairl to thJ
Subcontractor frrr $uch changes th€n th€ Contrador roay, at his sole discrdion, elect (i) to have tlE
Sulrcontraoor complete the drangee on a cnst-plus basis or (ii) elect to anmplere ilrc changes by any otfier
means at his disposal- sucb ctranges conplctcd by the Contractor shall not di$nryt or delay the
SubconEactods performanoe of the work. As per paragraph 2, extra work or ctranges 10 the work shall not be
coostrued to include omissinn of minor details from tb Plans or Specilications required to provide a
ccrplete installation. Furthennore no extra clrarges will be allo*rd for failure oF ihe Suboonrracror to
thooughly invesrigatc nrhat labor ard rnarerial is rmessary for a complete insmllation.
7.4.1 In order to ensure that construction adiviti€$ have a minimurn impact and to provide a clean ard safe
rvorking environrnent, the following rulcs and regutatioos witl be irnplervrted on eil job sites. Enftrrcement
will be rhe respoxibility of each subcoilracbr ard tbair anployees. All emplopes are expected to know alt
regulali{}ns 31{ to abide by thenr. Violations will rsult in sppropriate a$bn being taken-
-Copi€s
are to be
po$ted at all job sites and all personnel must be aware of th€in.
Thc use of drugs aad alcotrol will not be toleraled.
Radios, tape pla5crs, bo<rn boxes, erc. lVill not be allowed mr permihal on jotr sites
willrcut the pemission of tlr Projs{ Supdntendenr.
Smoking will be atlourcd ooly in designated areas at the dis{Tetion of the ftoject
Superintedent.
violalbns will rerult in a total non-smoking policy! lf the superintefltsnt allows smoking
on tlrc site, it must be done in only one ( I ) area ard the app,ropriate co ain€r. lbr butts must
be provided!
Absol*cly no dogs anywbere, anytirel Not in cars or tied to cars !
AII trash is tro b€ Fr[ in appropriate corrtainers- This irrctrdes lunch and snack items,
gsleclttf soaa cans. All persormel are expe<red to clenn their area of work daily_
R.A. Nelssr & Associater will pmvide firc extinguishas at atl jobc.
All emplopes ard subcontractors are anoouraged to provide their lunches, snacks, and
coffee. Catcring services will not be allourcd unless so approved by ttrc projecr
t^
2.
l.
5.
6.
8.
Superintendant.
9. All storage ad lay down areas nursr bc kcpr or&rly and accessible.
10. Atl back iharges, whether for eguipment, mataials, breakage- fuels, supplies or other items,
will bc charged at t 25f,l of the direct cost to Curtractor.
7'1J WARRANIY. The Subcontractor warrun$ its work against all deficiencies and defects in materials
adlo uorkmanship.
The Subcrnrractor agrces to sntisfy swh warranty obligatkms which appear on the carliest of (i) the
gxrarantee of wanarty period cstablished in thc Contract Docu$nns, or (1i) tvro ycrs hom the date(t) of
Substantial Cornptdion of a dcsigrated porrion of the Subconaradds work or acce,ptance or use by the
Contractor or Owner of designated equiFlpnt, without Oott to tlrc Owmr or the Confactor- The
Subcootracttr also agrees to pay for iny corrsequcntial damages that resuJt due to deficiencies or defects in
the materials aad/or rrrorkmamhip.
The Subcuruactor further agfees to exeo$€ any $pecial guaranteeor warrar*ies ihat shnll be required for the
Suboonfiacrcr's work or by tbe Owrrr's Coolract prior to final payment.
7.6 PUItiCtl LIST. The Subcs*mctor agrees to complete all pumh list$, including but not limital to thme
provided by the Ovmer, Owner's Representatives, fudlil€ct, Developer ard General Contractor.
7,? PRO.IECI SAFEIY. The Sub$ntractor agrees lo cornply *ith all OSHA ard R.A. Nelson &
Associates Safey Policies, Procedrres, ard Requirements. It is ihe respoflsibility of the subcontractor to
larcw, urdemtand and train their employees colrceming there policie*, procredures and requirerente . In the
event rhat an RA. Nelson safey poficy conllicrE with an OSHA staodarrd, the rnore stringent shall prevail. If
thc Contractor is assessed fmes or penalties fa ac*s by the Subcontractor or their erryloyees, the
Subcontractor shall be held respomible for payrnent to the Corrtractor. The Subcontmctor shall designate a
cornp€tent on-sitc safety coordinats widr training in administration of the s&f€ry plan and the authority to
arforce the safety plan. lf the Submntract f.ails to have a saliety coordinator on-site, the Cmrrractor will
provide a safety coordinattr. If the Subco0tractor is performing work, wbich exposes 4ny erployee or
subconrractor to a fall hazard, tlrey shall submit r fall protcctbn pla+ poof of ongoing raining in fall
pmrc{ion flrd s ptojoct spec.ific plan for perfcrnarrce of work addreesing these fall hazards- If a
Subconnactor has mred scaffold cquipnent tiat is not in mmpliance with OSttA srardards and fails to
imnrdiately correct rtre scaffold and brioE it into mmplianc, lhe Contractor will resolve the problem ard
clrarge the Subcontracior for all costs irurred. If the Subcontractor is found in violation cf any safety
infraction, irrcluding ongoing training and penonal pmt€ctive equiprnenl, it iri tle Contractor's clnic€ to
provide penahy in tlre form of a writtsr waming and sed personnel honr. Upon a third written warning, dE
Subc'ontractor may have his contract terminated at the disqetion of the Contractor.
ARTICLES
INDEMMFTCATTON
t l DUTY IO INDEMNIFy, DEFEND AND I{OLD HARMLESS. To {he tullect exl€rt permitt€d by
law, Subcontractor shall irdemnify, defend and hold harmlqss Contractu and Owner and their ag:ents and
erplopes from aod agairst any and all claims, denrards, danuges, liabilities, expases or attonrey fees
(lrcreinafler collec"tively "loos") inorrred by Contractor and/or Ovmtr and arieing rrut ol or in any r*ay related
to rhe performance of Subcontractor's work (or failure kl perf<rrm said work) incfiding but nat limit€d to: ( I )
loss incuned on acrorrrt of any breaetr, or allegel breach, by Subcontractor of the obli$tisls ard c€veoants
of ihis Agreerned; (2) los irrcurred fu injuries to, or death of, persons incluting Cootractor's enployeet,
Suboontrador's employe and the enplopcs of aq dh€r suboontractor, contractor. indep€nd€at coruractor,
prop€rty own€r or their lcsss o'r assigns, and the heirs ard persoral representativ€s of such persorts; (j) Ioss
incurred arising from damage to real and /or pereural pro'patY; {4) loss resulting directly or indirectly from
use by Subconracrn of any tools, equipmurt, fhcilities, materials or erryloyees of Contractor, wbetlrcr with
or without Contractor'$ knowledg€ or consent.
Subcontractor's duty to indenurify and defend sd out herein absolutely obtigates Subcontracror to pay on
behalf of Co*ractoi ana Owner itt loss at sudr tirne a.r Contt"ctor and/or Owner become legally obligated to
pay srrch loss on accounr of clairns of arry kind being rrade against them arising. from, or in any way rel*ed to
bub"*ttu"tor's performana o failrlre ro perfcvm under this Agre€m€nt including, but rrct limiled to.
dameges, juctgnenis, setlleEFrfs, ctsts, €xpens€s and aumney fees.
Upon written rgquest of Contracror, Subcontrmlor shall funlrer have the duty to defend ard to pay all costs
*d .*pooo it*d*otal ro any suit" arbitration, rnediuion or prcreeding against Confiactor and/or Owner
arising fton1 or in any way rciared to, Subcontrador's performance ff failure to Morm under tbis
Agrcc-nrenr solcly at Sut cmtractor's expense witlrout any right u ctaim to reimbursenslt hom Contractor
an-rVor O*ncr evea if tlp allegntio{rs of the suit, arbitratirn, rnediation. claim or proceeding prove to be
groundtess, false or frauluterit. Ttris inderrmificaticr in favor of Co{rtractor and Own€r is intelded to provide
eor6ractor and Onmer with the fullest indenmification permitted by law from any ard all lu;ses whatsoever
rclated to, resulting from, cx arising tNt of this Agreemcnt.
S;2 This Cor*ract shall not be a.ssigned or further subr:ontrarxed by the Subcontractor without rhe pricr
writtcn permission of the Ctrntractor.
t3 ln the event legal action b institufod by either party to enforce the terms of this Agreenurt, the awad
shall include'an awud of reasonable attomey's fees to dte prevailiag party-
ARTICI,E-?
TNflJNANCE
9.1 The imurane for the above reference pmjecr is subject to an "Own€r Controlled lnsuranoe Program"
(OCIP), *,hich provides on sire insurance with respect to Generai Li*bilhy, Workers' Conpensation, and
Umbrella coverage Hocev€r, th€ Subcontret{or shall purchase and rnainrsin during the period this
Subcontract reflains in force &om a company or conpanies lawfully authorirrd to do btsincss in the
jurisdiction in whidr the pmj€t is toc|t€d su$ irsurance ar will pmrcct lhe Subcontrac{or from claims set
lor*r febw which rnay arise ou of or resutt from the Subcontractofs off site ofterations under the Contrae
and for which tlre Subcoraraeor may be legally liablc, whahez such rperations be by the Suboortractor or by
a Sub-,subcontractor or by anyore direaly or irdiretly employed by any of thenr, or by anyore for whose
acts any of rhe tlrem rnay be liable. All Subcontractor's are required m enroll in the Ouner Contr,olled
Irsuranee Pmgram (OCIP) dc*i$arcd for t}is projeo before beginning any Work on tlre project:
l. Ciaims urlder Worter's Corpensatirrrr, Disability Benefit, ad rxher simitar emplo),ee b€nefit ects,
whidr are applicable to any and all \&'ort to be perforrned off site:
2. Clains for darnoges because of bodily injury, occupuional sickness or disease, or death of the
Subcontractor's employms as a retult of any and all Work perforrned off site:
Claimr for danrages be*at6e of bodity iqjury, occupalional sic.kness or disease, or death of any
pei.son other than the Subcontractof's enplopes with respect to Subconlractois off site WorlC
Claims for darmges incuned by usual personat iqiury liability covaage, whidr are sustained (D by a
pcrson as a resuli of an offerrse direclly or indircctly rekted to employment of sudr person by tlrc
Subconracnr with rcspect to Subcontrac.tor's off site Worh or (ii) by another perron, ruhich occurs
J.
4.
a
off site:
5, Claims for damages, other than to the Work ilse.lf. because of injury to or destruaion of tangiblc
property. irrcluding loss of us€ resulting therct'rom with respect to Subconractor's off site Work;
6- Claims for darmges because of bodily injury. futh of s palron or property damage arising out of
ownership, maintenance or use of a motor vdricle; and
7- Claims involving contractual liability insurance applimble to ttr Subconlractor's obligation undcr
Paragraph 6.3.
E. The Subconractor shall submit ttrc. nc&ssary insurarrce and workers compensarion cenificater prior
to job stan,
9.1.1 The Submntractq ghall purchase and mlintain the fotlowing SubcontractoCs Liability insurance,
specifically tlrc following minimum limits and cuveruge:
l. Off Sit€ Worker's C-ompensadon and Enployer's Liability:a. \fo'orker'sConpcnsation: Stotutory
b- Enpkryer's Liability
$100,0fi) each Accideat
$500,000 Discase, Policy Limit
$100,0O0 Disease Each Employee
c. A Waiver of Sub'rogation in favor of the Contractor shall be attac'hed to the policy wirh
resp€ct to ary off s lte Work perfornred by ttrc subcrrnractor ( include a copy of the
endorsernent with the ku;urarre Certificate).
2. Off Site Cencrrl Liability (Occurrcncc Form):a. Combined Bodily Injury and Propeny Damage
$ 1,000,000 €ach Ocsrenoe
$ I,000,000 Persoral & Advertising fttjury
$ I,000,0S General Aggregate
$1.000,000 PruductslCorryleed Operafions Aggegate
b. The connactor must be nanred as an addftional insured per lSOCGz0l0l I -8^5 or equivaleat ard
will be primary and non-coraibutory with rerpect to any ard all off site Work perforrnd by the
subcontractor.
c. Policy cannot have exclusion for subsidence or multi-family con$ruLtion.
3- Autornobih Liability:a. Combined Bodily brjury and Property Damage $ I,000,00O each Accidentb. TIte following covef,age mlst be incloded:
l. OE'n€d Antornobiles2. Non4rryned and Hired Autonobiles
4. Off Site Umbrella or excess liability $ l,000.00O each Ocrunance.
9.2 NO LIII{ITATION UFON LIABILITY In any claim against Cc'ntrs€'tor and/or Owner by any
employee of Subontractor, anyone dittctly or indrerrly ernploled by Subconractor. or anyone for whose
10
o
aas Subcontractm may be liable, tlrc indernnificatioq duty to deferd and hotd harmless obligations in this
Agreenent shall not b€ limited (1) by any limitatbn mt thc ermu or type of darnages, comp€nsation oir
benefits payable by or fcn Subcontractor under wmker's mmpcrsation, di$abilitt'benetit ol other enployce
beuefit acts or regutations, or (2) to the policy limits of any insurance cnverage which Subcontractor
maintains or i$ required to maintain.
ARTTCLEJ.Q
ANSITRATTON
10.1 AGREEMENT m ARBITRATE All claims, disputes cnd rniatt€rs in quastion arising out of, or
rclating to thh Agreenurt or the breaclr thereof, except for claims whictr have been waived by the making or
acoeptance of final payrnent and the clairns described in Article 10.7 shall be decidetl by arbhration in
accrtrdancc with the Consmrction lndustry Arbitration rules of the Anrerican Arbiration Association then in
effect and govemed b1r the laws of the Sta& of Colorad{r unless thc parths mrrtually agree othe ris€, venue of
any sucl arbitration shall be Eagle Cotnrty. This agreenrcnt to arbitrate shall be specifically enforceable
under tfte prwailing arbitntion law
f0.2 NOTICE Ot' DEM.AND, Notice of the demand for arbitration shall be fiIed in rpriting with Jhe other
party to 8dt Agr€ement and with the American Arbitration Associstion. The dernad for arbitration shall be
made within a reasonable time after writtsr notice of 0re clainu dispute or rxher matter. Thc locatirm of tlre
arbitratirn poceedings shall be the ciry of fte contractor'$ headquart€rs or as determined,
lOJ AWARD. The award resd€red by the arbi0"tion(s) shall be final and may be entered upon it in
aruordancE with applicable law in any court having jurisdiction-
10'4 WORK CONTINLjAfiON AliD PAYMENT. Unl,ess otherwise agreed in writing. the Subcontractor
shall cnrry on the Wort and maintain $e Sch€dule of Work peirding arbitration, and if so. the Contmctor
shall oo$inue to make paymenus in acudance with this Agrement.
t0i NO LIIdITATION OF RIGIITS OR RAMEDIES. Nothing inthis Anicle shalt timit any righrs or
r€tnedic not erpressly waived by dre Subcontractor, whic.lr the Subontractor miy havc urder lien or
paymertr bords.
10.7 EXCEPTIONS. This agreercnt ro arbitrare shall not apply ro clainrs:a of snrribution or indenrdty assffed by txre party to this Aggeeruert against the other party
ard arising otd of arr actio brougb in a state or federal mr.ut or in arbitration by a person
who is urder no obligation to arbiuate the subject matter of such acrion with either ;f the
partieo hereto, or does not consenr to such arbitradon: orb. ass€n€d by ahe Subcontractor against the Contractor if tle Contract asserrr said clairn either
in whole or in pan, agairst the Owrr ard the Cfitrrct betwear the Contracror Bnd Ore
Owner does rtot ptovide for birding arbiE"lion, tr does so provldc but thc rllla arbitrdtion
proceedings are not consolidated, or the Contractor and Ovrner have no subse4uent ag€od to
arbirrate s*id claim, in eithcr case of which tlre panies hereio shall so norify each other either
before or after dernard fs arbitraiion is made.
In any dispute arising over the applioation of rhis Article 1.0.7. the questirns or arbitrability shall be decidcd
by the appropriatc court atd mt try arbitratior
11
ASTTCLE 11
SPECIAL PR,OVISIONS
ll.l PRECEDENCIE. [t is urderstood the work to be perfoffr€d under this Agreenrent, irrchding rhetenns and co(ditions thereot is as describcd in Articles I ttirwgh I t herein togethi with all atrachmJnts,
which are iuended to conplernent sanr- However, in the eveniof any inctnsiltency, between this
Subcontrmt Agreement aod the Ana{firnc'tts, the Aftachnrents shall govon
AftTICLE 12
TERMINATION
12'l Contractor tes€rv€s the right to terminate this Contra{g wi0lout co6l or liability to Contrsctor, ifSubcontrzcloc (a) fails to conurelcc tfte Work in accordance *.ith tlre provisions of tlri* Contturt. O, fails toprosecule the Work to corryletion rhetEof in a diligent, efficient, workmantike skillful and careful manner
and in -aqrdance with any Sclredule and tlre provisiom of this Contrar,t, (c) fails to use an adequa{e a1nountor.guality of personnel or equipnrcnt to complefe the work wirhout &|ry 1d) fails to pay any pamlneasubcolla:tgs or suppliers proruptly in accordance with the Conract Docrunentr, leyiailpre ti pay required
taxes' (f) failure to maintain required in$cance, (g) fails to perform any of its obligaiions urxler this Contract,or otherwise regudircles or br€ache any of ttrc terms of this
-Contracr,
i*tuOing Su6"*tractor'$ waranties,
and fu not mnect sudr failure or hreach within seven (7) days (or such shoier period of ti*e if
urmmercially rcasonable under the cirolrntances) after receipi of writt€n notice from ConFaaor specifying
suclr failure or breactr-
Contractor shall have the right after giving Suboontractor s€venty tqo (?2) hours u,ritten notke tlrcreof andt4on *ch defaulr_conrinuing ro (i) temrinale this Contract, an4 ;t ns optioo, (ii) rake possession of ard use
1tl-ot any part of SrScomractor's materinls, equiporenl, srryrplies and otier pripi"ry of*oy kird used bySubcontnactm in the lrerfornane of fte work-rtut to use sucir prapc.ty in rire iiraio it deerns desirable tocomplete the Work including engagins llre lqvice; of othcr parties thereof. Any such ac by Conracor shallnot be d€erned a waiver of any other rightof renredy'of Coot'rac*or, f Xmr exe,rcising any s-uctr renreOy rncq?al lo-Coftr:ctq of the performance of the balarrci of the Work is in excess of that -portion of the Corrtract,which hen*ofme has not beefl paid to Subconuactor h€rardsr, Subcootractor shall be liable for and shaureimburse Conrracoor fq such excess. In m event shall the Subcontraaor be eirtitlod to any savings if thisContract is terminated fo cxuse. Following the effective date of termination, Comractor sliall have no furtherliability under this Contract other lJlan with tespect to rnatt€f,s. which occurred prior to such effective date. Inthe went of terminarion, *e Subcontractor shail not be €ntitled to rnticipated pronrs on any Wcnt nx yetperformed ot orher cmsequential dannges.
IN WTrNESS WHffiEOF ttre partks hereto have ex€cuted this agresrrnt, the day and year first abovewritten.
By:
Rocky Mountain Custom Landscaoes
Date:
By:
R.A. Nelson & Asyniates, Inc.
Date:
i2
Departmnt of Cotnmani4t Deaehpmmt
75 Snth Frontage Road
Vail, Cohrada 81657
970-479-2r38
FAX 970-479-2452
ututu.aailgou.com
August 31,2007
Bank of America, N.A.
Attn: Bolivar Carrillo
1000 W. Temple Street
7th Floor, CA9-705-07-05
Los Angeles, CA 90012-1514
Re: lrrevocable Standby Letter of Credit #3086215
Applicant Gore Greek Place, LLC
Dear Mr. Carrillo,
Enclosed is the original lefter of credit #3086215 for the above mentioned project. This
project has been completed in regard to the letter of credit. lf you have any questions
pfease do not hesitate to contact me at 970-479-2150.
Sincerely,
h', l/, /\'{)1n,,^U*(tru't-
Lynnd Campbell U
Office Manager
Enclosure: Bank of America. letter of credit #3086215
{go"ourr*o
BankofAmerica Za
BANK OF AMERICA - CONFIDENTIAL
DATE: iIANUARY 1-7, 2OO7
AMENDMENT TO IRREVOCABLE STANDBY IJETTER
AMENDMENT NUMBER 1
BENEFICIARY
THE TOWN OF VAIL, STATE OF COI.,ORADO75 S. FRONTAGE ROAD WESTvArrJ, co 81657
PAGE: 1
OF CREDIT NUMBER: 30862L5
ISSUING BANK
BANK OF AMERICA, N.A.
1-OOO W. TEMPLE STREET
7TH Fr-,OOR, CA9-705-07-05
r.,os ANGET,ES, CA 90012-L5L4
APPI.ICAIflT
GORE CREEK PI,ACE, I,LC390 INTERI,OCKEN CRESCENT
sulTE 1000
BROOMFIELD CO 80021
OF THE ABOVE CREDIT
REGARDING THTS
COPY
THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAI, PART
Ar.rD MUST BE ATTACHED THERETO.
THE ABOVE MENTIONED CREDIT IS AIvIENDED AS FOLLOWS:
THE APPLICANT'S NAME IS AMENDED TO READ AS ABOVE.
AI,L OTHER TERMS AND CONDITIONS REMATN UNCHANGED.
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS
AMENDMENT, PLEASE CA]-,L 213-481--784O.
AUTHORIZED SIGNATURE
THIS DOCUMENT CONSISTS OF 1 PAGE(S)
BotivarCarriflo
Brnk ofAmcrics, N.A. Tndc Opcratio[s
cA9-705-07-05
1000 W: Tcmplc St., Los AngcLi, CA 900 | 2- l5l40
00-35-020lNsB 10-2005
ORIGINAL
BankofAmerica Za
Bank ofAmcric!, N.A. Trad€ Op.ntions
cA9-705-07-05
1m0 W Tcmplc St., Los Angclcs, CA 9O012- 15140
00-35-o20lNsB l&2005
BANK OF AMERICA - CONFIDENTIA], PAGE: 1
DATE: .]AI.IUARY LO , 2OO7
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 308621s
BENEFICIARY APPLICANT
THE TOWN OF VAIL, STATE OF COLORADO THE VAII, CORPORATION75 S. FRONTAGE ROAD WEST 390 INTERLOCKEN CRESCENTvArL, co 8l_657 SUrrE 1000
BROOMFTETTD, CO 80021-
AMOI]NT
NOT EXCEEDTNG USD 193,057.83
NOT EXCEEDING ONE HI]NDRED NINETY
THREE THOUSAND FTFTY SEVEN ANDB3li-oo's us Dor-,r,ARs
EXPIRATION
AUGUST 3L, 2OO7
AT OI]R COI]NTERS
WE HEREBY ESTABI-,ISH IN YOUR FAVOR OUR ]RREVOCABLE STAI{DBY ITETTER OF
CREDIT WHICH IS AVAII,ABLE WITH BANK OF AMERICA, N.A. BY PAYMENT
AGAINST PRESENTATION OF THE ORIGINA], OF THIS I.,,ETTER OF CREDIT AND
YOI'R DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA, N.A., ACCOMPANIED BY
THE DOCUMENT DETAILED RELOW:
BENEPICIARYIS SIGNED STATEMENT STATTNG THE FOIIOWING:
QUOTE1) THERE TIAS BEEN A DEFAIILT IN THE COMPLETION OF I,ANDSCAPING
IMPROVEMENTS FOR THE GORE CREEK PI,ACE TOWNHOMES AS REQUTRED BY THE
TOIIN OF VAII,, STATE OF COLORADO, PURSUA}IT TO THE DEVEIJOPER
IMPROVEMEMT AGREEMENT .2) THE AMOUMT DRAWN IS REASONABI-,Y REQUIRED TO REMEDY THE DEFAULT.
T]NQUOTE
PARTIAI, DRAWINGS ARE PERMTTTED.
WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN I]NDER AND IN COMPLIANCE
WTTH THE TERMS OF THIS LETTER OF CREDIT WII-,I, BE DT'LY HONORED UPON
PRESENTATION TO US AT BANK OF AMERICA, N.A., TRADE OPERATIONS CENTER,
1000 W. TEMPLE STREET, MAIL CODE: CA9-705-07-05, LOS ANGELES' CA
90012-l-5L4, ATTN: STANDBY I-,ETTER OF CREDIT DEPARTMENT ON OR BEFORE
THE EXPIRATION DATE AS SPECIFIED HEREIN.
THIS LETTER OF CREDIT IS SUB.fECT TO THE INTERNATIONAIJ STANDBY
PRACTICES 1998, ICC PUBTICATION NO. 590.
ORIGINA],
BankofAmerica A
BANK OF A}4ERICA - CONFIDENTIA],
THIS IS AN IMTEGRAI., PART OF I,ETTER
rF YOU REQUIRE A}IY ASSISTANCE OR HAVE A}TY QUESTIONS REGARDING TfiTS
TRANSACTTON, PLEASE CALL 2L3-481-7840.
,;A
Bsnl of.Arncricr, N.A. Tladc Op€ntions
cA9-705{7{5
1000 .w: T.rDlc Sr., Las turg.lcr, CA mO | 2- l5 | 40
00.35{201NSB 10-2005
PAGE: 2
OF CREDIT NIJMBER: 3086215
TITHORIZED STGNATURE
THIS DOCI]MENT
BolivarCerriso
CONSISTS OF 2 PAGE(S)
ORIGINA]-,
,ii,
iii
trq;i;t T€lo{Bcr;..t snB
t:t.
LIONSHE AD RE DE\1E LOPME NT
E nvironme ntal Impac t RePort
Subminal To The Town of Vail
,Submined by: Van Resonrs DnvEropMENT Cotwemv/ September 2003
. Lionshead C-ore urci l (iz^'-sl-a--r" (p-ta-tr \tV)---
o 'West Daylot
. Tennis C-ourt Site
. Nonh Daylot
ser_r.rr*t"-d8$;R
liltlililllilililllilil
e9063512s
t2/??/2998
6
,o\'k
F'OR
t|Lt I0?J..suppLEMENr^,
"'"':":,- krreN FoR coRE .REEKPLACE (this "supplemental Declaration") is made as ornecemuer-fl-zo^oerJri"cift at*pt<PLACE, LLC, a Colorado limited liability company (,,GCp,,).
RECITALS
A' GCP is the "Declarant" under the Condominium Declaration for Gore CreekPlace, recorded in the real property records of Eagle county, colorado on July 5, 2006:-;Reception No.200617775,.as amended or supplemented from ii.rr" to time (the "6J;;ti;;,t:All capitalized terms used jn this Supplemenial Declaration will have the meanings urrigrr"J jo
them in the Declaration, unless otherwise provided herein.
B' Pursuant to Section 2.9(a) of the Declaration, Declarant reserved certainDevelopment Rights for the Declarant Development Period. The Declarant Development period
is still in effect.
C. The Development Rights include the right to add all or any portion of theAdditional Land to the Property and the right to construct and create additional Units andcommon Elements. The Development Rightsipply to all portions of the property.
D. Pursuant to Declarant's Development Rights, Declarant now desires to annex allof the Additional Land into the property.
E' Pursuant to Declarant's Development Rights, Declarant has constructed newBuildings on the Additional Land commonly known as-.,Buildings s,6 7 and, g,'(the..l.{ew
Buildings") and now desires to create Units and Common Elem-ents in relation to the NewBuildings and Additional Land.
F' In connection with and immediately following the recording of this SupplementalDeclaration in the Records, Declarant is simultaneously caising a Supplemental Uap, entitled"Gore Creek Place - Phase II" (the '?hase II Supplemental Map;), which reflects the annexationof the Additional Land into the Property and cieation of new Units in the New nuildings, anJrelated Common Elements, to be recorded in the Records.
DECLARATION
I ' Annexation of Additional Land. Pursuant to Section 2,9(a) of the Declaration, allof the Additional Land, as described in Exhibit B to the Declaration, is hereby annexed into theProperty' The Additional Land is t.."by " purt ofthe Property and subject to the provisions ofthe Declaration.
2' The Tunnel. The term "Tumel'o as used in the Declaration is hereby amended tomean the underground tunnel which contains, among other things, a driv
705er82 RcFrsH
urutcl wrllcn corualns' among other thlngs' a drive aisle' parking
ffi "''..PY\
and mechanical rooms, located on the Property, including the Additional Land. That portion ofthe Tunnel located on the Additional rana'is Jlpicted on the Supplementar Map.
3' creation-o-flunits and common Elements. The New Buildings (hereby designated
4fft|flffi:,f ,6,T and s; u." "*tt rt"'"uy6ia"a into t*o unit ,lo i" riro* ^,f"lb;'6;
Building 5: Unit g and Unit 7
Building 6: Unit 6 and Unit 5
Building 7: Unit 4 and Unit 3
Building g: Unit 2 and Unit I
common Elements are also hereby established as depicted on the phase II supplemental Map.3". N"y Buildings ar9 fereby a part of the property *J ,"u:* I the provisions of rheDeclaration' The boundaries oi the New Units are described in the Declaration and graphicallydepicted on the Phase II Supplemental Map. The Common Elements within the AdditionalLand including Buildings 5, 6,7 and 8, comprise all improvements and areas therein other thanthe NewUnits.
4' Common Allocation. Pursuant to the definition of "Common Allocation,, inSection 1'l of the Declaration, the Common Allocation for each Unit, including the New Units,is hereby recalculated by dividing the Measured Area of the Unit by ih" totut Measured Area of
3:t tfe ]-lni1s, including the New units, as set forth on Exhibit c atta.h"d t
"reto
and incprporatedherein by this reference. Exhibit c to the Declaration i, tre."by deleteJ in its entirety and in itsplace the attached Exhibit C is deemed inserted in the Declaration (as supplemented hereby).
* 5' Erceptions to Title. The Additional Land and otler applicable portions of theProperty are subject to those easements and licenses set forth on gxhibiib-t attached hereto andh"9To:ut:9 herein by this reference, and also any easements and licenses referenced on orestablished by the Phase II Supplemental Map, as well as those referenced on or established bythe Map and Exhibit D to the Declaration.
. 6. pevetgpgglt &gh6. pursuant to Section 2.9(a) ofthe Declaration, Declarant,sDevelopment Rights with^^respect to all portions of the Propertv, io"rl.roing the Additional Land,remain in full force and effect.
7' Effecr. Except as-gxpressly provided in this supplementar Declaration, theDeclaration remains unchangid and in full force anO efect.
THE REM{NDER OF'THIS PAGE IS INTENTIONALLYLEF'T BLANK.
7059r8 2 RCFISH
IN WITNESS THEREOF.
the date first witten above.
Declarant has executed this Supplemental Declaration as of
DECLARANT:
IORE CREEK PLACE, LLC,by Vait Resorts
Development Company, its Managing Member
By,
Name:
Title:
STATE OF COLORADO
COT]NTY OF EAGLE
)
) ss;
)
The foregoing supplemental Declaration for Gore creek place was acknowledged beforeme this /t+L day :r-. .4*b*., .iooa, 6^'-JU-_-ll;;^ "_*;
,fs^;qy t/r@fl''i or vuilffiffi".,_"pnm9n1 company, a cororado corporation,Managing Member of Gore creek place, LLC, acolorado timitedtl6itity "orp*y.
Witness my hand and official seal.,
tMycommissionexpires: ll11 pl
tra*;n
?05918.2 RCFISH
EXHIBIT C
MEASUREDAREA
BIdg.Unit Garage
Level
Main
Level
Upper
Level Total
Common
Allocations
8 1 I133 1259 887 3280 5.37%
8 2 1620 1850 830 4301 7.05%
7 J l t30 t259 976 3364 5.51%
7 4 n32 1260 979 3370 5.52o/o
6 5 1606 1851 830 4287 7.02o/o
6 6 1606 185 I 830 4287 7.02%
5 1119 1243 884 5.32%
5 8 1604 l85l 828 | 4282 7.01o/o
4 9 | 1,125 1,259 1,321 3,705 6.07%
4 l0 1,612 l,850 832 4,294 7.03%
.,
-)1l 1,600 I,849 837 4,28s | 7.02%
J t2 1,600 1,849 828 4,276 7.00%
2 l3 1,123 1,232 886 3,241 53r%
2 14 1,142 1,252 882 3,276 s.3't%
I l)1,129 1,249 887 3,264 5.35%
I l6 1,609 1,837 841 4,297 7.02%
TOTAL:
61,046 r00.00%
c-l705918.2 RCFISH
EXHIBIT I}-1
OTHER RECORDED EASEMENTS AND
LICENSES AT'FECTING THE PROPERTY
t.
2.
4.
5.
6.
Terms, conditions and provisions of Trench,
October 1,2004, at Reception No. 893080.
Terms, conditions and provisions of Trench,
Novernber 4, 2004, at Reception No. 896693.
Conduit and Vault Agreement recorded
Conduit and Vault Agreement recorded
3. Terms, conditions and provisions of Cooperation
Iune 24,2005 at Reception No. 920513.
and Easement Agreement recorded
T:ryt, conditions and provisions of Holy cross Energy Easement recorded August23,
2006 at Reception No. 200623084.
T:lF, conditions and provisions_of SewelMain Easement recorded \&\*a., ,2006 atReception No. FCCI|.o.?S \51
fglt' conditions and provisions of Encroqc-hment Agreement recorded l+\ar..
2006 atReception No. 3f-flCr .e6\ >K
7059tE.2 RCFISH Dt-t
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Project Name:
Application Type:
Project Description:
Pafticipants:
OWNER
Project Addrcss:
GORE CREEK PI.ACE
Legal Description:
Comments:
PO BOX 7
VAIL
co 81558
APPUCAI.IT BAILEY & PETERSON I2l 081 2W6 Phone: 970-476-0092
ADMINISTRATIVE ACTION FORM
Depaftment of Community Development
75 South Frontage Road
Vail, CO 61557
te| 97Q-479-2138 fiax: 970-479-2452
web: www.vailgov.com
GORE CREEK PI.ACE PI-AT REVIEW
CondThPl
ADM Number: ADM060021
Parcel: 2L0I-072-0700-2
FTANAL APPROVAL FOR A CONDOMINIUM PI-AT FOR GORE
VAIL CORP r2l08/2006
108 S. FRONTAGE RD
sTE 208
VAIL
co 81657
License: C000002169
825 FOREST RD VAIL Location:
Lot: 3 Blockr Subdivision: WEST DAY SUBDIVISION
See CondiUons
Motion By:
Second By:
Vob:
Conditions:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Apprcval= L2lL2l2O06
Meeting Date:
Cond:8
(PI-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: Wanen Campbell DRB Fee Paid: $100,00
SUPPLEMENTAL CONDOMINIUM DECLARATION
FOR
GORE CREEKPLACE
THIS SUPPLEMENTAL CONDOMINIUM DECLARATION FOR GORE CREEK
PLACE (this "Supplemental Declaration") is made as of December_,2006, by GORE CREEK
PLACE, LLC, a Colorado limited liability company ("GCP").
RECITALS
A. GCP is the "Declarant" under the Condominium Declaration for Gore Creek
Place, recorded in the real property records of Eagle County, Colorado on July 5,2006, at
Reception No.200617775, as amended or supplemented from time to time (the "Declaration").
All capitalized terms used in this Supplemental Declaration will have the meanings assigned to
them in the Declaration, unless otherwise provided herein.
B. Pursuant to Section 2.9(a) of the Declaration, Declarant reserved certain
Development Rights for the Declarant Development Period. The Declarant Development Period
is still in effect.
C. The Development Rights include the right to add all or any portion of the
Additional Land to the Property and the right to construct and create additional Units and
Common Elements. The Development Rights apply to all portions of the Property.
D. Pursr.rant to Declarant's Development Rights, Declarant now desires to annex all
of the Additional Land into the Property.
E. Pursuant to Declarant's Development Rights, Declarant has constructed new
Buildings on the Additional Land commonly knolrn as "Buildings 5, 6 7 and 8" (the "New
Buildings") and now desires to create Units and Common Elements in relation to the New
Buildings and Additional Land.
F. In connection with and immediately following the recording of this Supplemental
Declaration in the Records, Declarant is simultaneously causing a Supplemental Map, entitled
"Gore Creek Place - Phase II" (the "Phase II Supplemental Map"), which reflects the annexation
of the Additional Land into the Property and creation of new Units in the New Buildings, and
related Common Elements. to be recorded in the Records.
DECLARATION
I . Annexation of Additional Land. Pursuant to Section 2.9(a) of the Declaration, all
of the Additional Land, as described in Exhibit B to the Declaration, is hereby annexed into the
Property. The Additional Land is hereby a part ofthe Property and subject to the provisions of
the Declaration.
2. The Tunnel. The term "Tunnel" as used in the Declaration is hereby amended to
mean the underground tunnel which contains, among other things, a drive aisle, parking spaces
705918.2 RCFTSH
and mechanical roomso located on the Property, including the Additional Land. That portion of
the Tunnel located on the Additional Land is depicted on the Supplemental Map.
3. Creation of Units and Common Elements. The New Buildings (hereby designated
as Buildings 5, 6,7 and 8) are each hereby divided into two Units, to be known as follows (the
"New Units"):
Building 5: Unit 8 and Unit 7
Building 6: Unit 6 and Unit 5
Building 7: Unit 4 and Unit 3
Building 8: Unit 2 and Unit I
Common Elements are also hereby established as depicted on the Phase II Supplemental Map.
The New Buildings are hereby a part of the Property and subject to the provisions of the
Declaration. The boundaries of the New Units are described in the Declaration and graphically
depicted on the Phase II Supplemental Map. The Common Elements within the Additional
Land, including Buildings 5,6,7 and 8, comprise all improvements and areas therein other than
the New Units.
4. Common Allocation. Pursuant to the definition of "Common Allocation" in
Section l.l of the Declaration, the Common Allocation for each Unit, including the New Units,
is hereby recalculated by dividing the Measured Area of the Unit by the total Measured Area of
all the Units, including the New Units, as set forth on Exhibit C attached hereto and incorporated
herein by this reference. Exhibit C to the Declaration is hereby deleted in its entirety and in its
place the attached Exhibit C is deemed inserted in the Declaration (as supplemented hereby).
5. Exceptions to Title. The Additional Land and other applicable portions of the
Property are subject to those easements and licenses set forth on Exhibit D-l attached hereto and
incorporated herein by this reference, and also any easements and licenses referenced on or
established by the Phase II Supplemental Map, as well as those referenced on or established by
the Map and Exhibit D to the Declaration.
6. Develooment Riehts. Pursuant to Section 2.9(a) of the Declaration, Declarant's
Development Rights with respect to all portions of the Property, including the Additional Land,
remain in full force and effect.
7. Effect. Except as expressly provided in this Supplemental Declaration, the
Declaration remains unchanged and in full force and effect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
?05918 ? RCFTSH
IN WITNESS THEREOF, Declarant has executed this Supplemental Declaration as of
the date first written above.
DECLARANT:
GORE CREEK PLACE, LLC,by Vail Resorts
Development Company, its Managing Member
By:
Name:
Title:
STATEOFCOLORADO )
) SS:
COUNTYOFEAGLE )
The foregoing Supplemental Declaration for Gore Creek Place was acknowledged before
me this day of _, 2006, by
of Vail Resorts Development Company, a Colorado cotporation,
Managing Member of Gore Creek Place, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
Notarv Public
705918 2 RCFISH
EXHIBIT C
COMMON ALLOCATIONS
MEASURED AREA
Bldg.Unit Garage
Level
Main
Level
Upper
Level Total
Common
Allocations
8 I 1133 1259 887 3280 5.37%
8 2 1620 1850 830 4301 7.05o/o
J I130 1259 976 3364 551%
1 4 1132 1260 979 3370 5.52%
6 5 1606 185 I 830 4287 7.02%
6 6 1606 I 851 830 4287 7.02%
5 1l l9 1243 884 3247 5.32%
5 8 1604 185 I 828 4282 7.01%
4 9 1,125 1,259 1,321 3,705 6.07%
4 l0 1,612 1,850 832 4,294 7.03%
',J 11 1,600 1,848 837 4,28s 7.02o/o
J t2 1,600 1,848 828 4,276 7.00%
aL 13 1,123 1,232 886 ? )al 5.3r%
2 t4 1,142 1,252 882 3,276 5.37%
I l5 1,129 1,248 887 3,264 5.35%
I t6 1,609 I,837 841 4,287 7.02%
TOTAL:61,046 100.00%
705918 2 RCFISH c-l
EXHIBIT D.I
OTHER RECORDED EASEMENTS AND
LICENSES AFFECTING THE PROPERTY
1. Termso conditions and provisions of Trench, Conduit and Vault Agreement recorded
October 1,2004, at Reception No. 893080.
2. Terms, conditions and provisions of Trench, Conduit and Vault Agreement recorded
November 4,2004, at Reception No. 896693.
3. Terms, conditions and provisions of Cooperation and Easement Agreement recorded
hne 24,2005 at Reception No . 920513.
4. Terms, conditions and provisions of Holy Cross Energy Easement recorded August 23,
2006 at Reception No.200623084.
5. Terms, conditions and provisions of Sewer Main Easement recorded
2006 at Reception No._.
6. Terms, conditions and provisions of Encroachment Agreement recorded
2006 at Reception No
705918.2 RCFISH Dl-1
Application for Administrative
Subdivision Plat Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 faxl. 970.479.2452
web: www,vailgov.com
General Information:
It is unlawful for any person, business, or corporation to violate any of the provisions of Title 13, Vail Town Code,
or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold
interest), interest in common, condominium inlerest, time-share estate, fractional fee, or time-share license, or any
other division within a subdivision within the Town until such subdivision has been approved in writing by the
Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable) and a plat
thereof recorded in the office ofthe Eagle County Clerk and Recorder.
Type of Application and Fee:
tr Duplex Subdivision Plat
tr Single Family Subdivision Plat
$100
$100
trl($100
$100
Administrative Plat Correction
Condominium/Townhouse Plat
Location of the Proposal: LoI_Block:_ Subdivision:
physicatAddress: ,Sa.f Lf: . f "*"+ fJd. .
Parcel No.:(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:L tF rqrr t
A A, r f.\r
Name(s) of owner(s): (irsv taSUlc N \-rW L L C
Mailing
Owner(s) Signature(s):
Name of Applicant:
Mailing
E-mail Addressl
Fee Paid: lO QheckNo.:
Flcdev\FoRMs\Permits\Planning\Administrative-Aclions\Plat Reviern^condo-thilat.doc Page 1 of 4 12-6-2005
************f**********a****+**+**+***l********++************,3****+f,*rl'+***********l+********
TOWNOFVAIL. COLORADO Statement
f+*++++*******************+*{.***++**+*++'}****t+++***************+*+:}{.+:}*:}*********f,**+******
Amount: S100.00 L2/ os/200608 :43 AMInit : dIS
Notation: 7308/BAILEY &
Statement Number: RO5OOO2075
Palment Method: Check
PBTBRSON
Permit No:
Parcel No:
Site Addreaa :
Location:
This Payment:
PV 00100003112500
4DM060021 Type: Mministrative
2LOL- 07 2 - 07 00 -2
825 FOREST RD VAIIJ
GORE CREEK PLACE
$100.00
***t+++************+*++++*+***+{'++**+*+*+***f**+**************+*+++**************{.'}++****+**
ACCOIJNTITEM LIST:
Account Code 3::::r*i::
Administ,racive Fee
Totsal FeeB:
Total AL,L PrnEa :
Balance:
$100.00
$100.00
$0.00
Current Pmts
100.00
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Design Review Boad
ACTIOH FOR]II
Department of Community Development
75 South F ontage Road, Vail, Colorado 81657
tel:970.479.2139 fax:970.479.2.152
web: www.vailgov.com
Project Name: GORE CREEK PL CHANGE
Project Descriptionl
Pafticipants:
DRBNumber: DR8060503
FINAL APPROVAL FOR A CHANGE TO THE APPROVED PI-ANS-AN ADDMON OF COPPER CAPS
ON SOUTH DECKS
OWNER VAIL CORP
PO BOX 7
VAIL
co 81658
APPUCANT VAIL RESORTS (VAIL CORP) 1012712006 Phone: 970-845-2354
TODD GOUTDING
P.O. BOX 9s9
AVON
co 81620
License: 115-A
825 FOREST RD VAIL
1012712006
Project Address:
825 WEST FOREST RD
Legal Description:
Parcel Number:
Comments:
location:
loE 3 Block: Subdivision: WEST DAY SUBDIVISION
2r0L472-0700-2
See Conditions
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACIION
ACtiON: STAFFAPR
Date of Approval: 10/15/2006
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
@nd:201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Cond: 113
All darelopment applications submitted to the Town after the effective date of
Ordinance 26, Series 2006 shall be subject to the pending employee housing
regulations in whatever form they are finally adopted; provided, howwer, that if
the Town fails to adopt the pending employee housing regulations by April L5, 2007,
this Ordinance shall not apply to such development applications.
Planner: Warren Campbell DRB Fee Paid: $20.00
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L28 fax: 970.479.2452
web: www.va ilgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the apprcval.
Description of the Request:
Physical Address:
Parcel No.:
Zoning:
slN
wroq
o
tI
Name(s) of owner(s): ,/- ,< -- ' ' :
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
Location ofthe Proposat: Loe Z Block:
Co. Assessor at 970-328-8540 for parcel no.)
Phone:
E-mail Address:Fax:
Type of Review and Fee:
tr Signs
O Concepfual Revieur
New Construction
Addition
Minor Alteration
(multi-family/commercial)
Minor Alteration
(single-family/d uplex)
Changes to Approved Plans
Separation Request
tr
o
tr
trt
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residenual or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc,
$20 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc,
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
V* r r- R r s o R r s*
DEVELcPMENT CoMPAHY
MEMORANDUM
TO: Warren Campbell
FROM: Todd Goulding
DATE: October 23.2006
RE: Gore Creek Place - DRB - Change to Approved Plans
Addition of Copper Caps to South Decks
The approved newel post design on the South decks create the potential for
cracking and the need for on going maintenance. The tops of the newel posts are fairly
flat and may not shed the ice and snow. This could lead to splitting and rotting of the
posts. It is our hope to clad the top of each newel post with a copper pyramid. I have
attached a photo for your review and approved use. These would be placed on every
9"x9" newel post (158). The caps will be fastened at the bottom flange with (2) copper
nails.
If you have any questions or need additional information please do not hesitate to
contact me at your earliest convenience.
Copper Tops USA - Copper Tops Copper Caps for your Fence, Deck, Arbors, Gates and mailboxes.Page I of
HON4E IABOUT US GALLERY I PRODUCTS ] CONTACT US
Copyright 2002-2006 Copperbpsusa.com I Site Map I Oelivery Terms and Returl
Policy
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Pnooucrs BY CoppE RToPsusA.coM
View Copper Federal Globes I View Pineapples I View Solar Lanterns I View All Products I Return to Home
Copper Post Caps fit 4 x 4 posts to I X 8 posts.
4x4Post
5X5Post
6x6Post
8x8-Pesl
Full/Rough.Cut 4 x 4 Post
Copper Tops USA
847-726-1507
Powered by SubNelwor
r0119/200
Copper Post Cap Pyramid
Copper Tops USA accepts all Maior Credit Cards
'i:t******!t+**f!tt't'ttf+t+*al+**t***+***'.t**'.'*'i*'l*******l'*l"t{r{r{rd'++*++++++++flfflff*f*'}**lt***+** .
TOWNOFVAII4 COLORADO Stat€ment
*******ff*'|!*a******lf*+al**'i*'i*+**++t*'l'**'i**'i***l+*{'l{'t*{r{r*++++++***+******'}*'}*tt*t**tt*f***
Statement Nunber 3 R050001825 Anount ! $20.00 LO/27/200602247 PM
Palment Method: Cash Init.: iIS
Notation: $/ToDD
GOT'LDING
Permit, No3 DR8060503 flpe; DRB-Chg to Appr Plars
ParceL No: 2!O!-O72-O7OO-2
Si.te Addresg: 825 FOREST RD VAIIJ
IJocat,ion: 825 Y|BST FOREST RD
Total Feea: $20.00Thia Palment: $20.00 Total AIJIJ Pmta: $20.00Balance: $0.00
ACCOUNTITEM LIST:
Account Code .Description
DR OO1OOOO3TT22OO DESIGN RE\'ITEW FEES
eurrent Pmtss
20.00
@attfiw oE!ELIPIFi{|
Design Review Eoad
ACTIOI{ FORM
Department of Community Development
75 South F ontage Road. Vail, Colorado 81657
tef : 970.479.2139 Ja :970.479.2+52
web: www.vailgoY.com
Prcject ilame: GORE CREEK RESIDENCES FIREPIT
Project Description:
DRB Number: DR8060465
FINAL APPROVAL FOR A CHANGE TO THE APROVED PI.ANS TO EXPAND AN BCSTING TERMCE
AND LOCATE A FIRE PIT
Participants:
OWNER VAIL CORP
PO BOX 7
VAIL
co 816s8
APPUCANT CHRIS I.AMMERS
51 EAGLE RD #2
PO BOX 5400
AVON
co 81520
Proiect Addrcss: 825 FOREST RD VAIL
GORE CREEK RESIDENCES
0912812006
0912812006 Phone: 949-4379
location:
legal Description: Lot: 3 Block Subdivision: WEST DAY SUBDIVISION
Parcef Numberz 210l-072-0700-2
Commenb: SeeConditions
Motaon By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
ACtiONi STAFFAPR
Date of Approval: 10/18/2006
Cond:8
(Pl3N): No changes to these plans may be made without the written consent of Town of
Vail sbaff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond:202
Approval of this project shall lapse and become void one (1) year following the date
of final appronl, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion,
Cond: CON0008€2
'Ihe applkant shall submit clear, complate cut sheets of the fire pit in onjurction
wlth the submlttal of the revislon to the building pernit. The fire plt unit shall
meet all standads and rcquiremants of the bulldlng and fire odes.
Plannen Waren Gmpbdl DRB F* Pald: 120.00
Changes To The Approved Plans
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2L28 faxi 970.479.2452
web: www.vailgov.com
General Information:
All projecG requiring design reviorv must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development DepartmenL The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building p€rmit is issued and construction commences within
one year of the approval.
Parcet No.' ?lDl07el'7003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
a
^Jt^)org
q
of the Request:
Location of the Proposat: Lot: 5 Block:- Subdivision:
Physical Address:
Name(s) of Owner(s):(e G<"L R t;Jro.",
Phone:
Owner(s) Signature(s):
--.
^tto.wa e^oJ
Name of Applicant:
ing Address:- sitz
E-mail Address: C
Type of Review and Fee:
(Cnanges to Approved Plans $20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
Submittal Requircments:
3 Sets of Plans Addressing Project Changes
Signature of Homeowner(s) or Association
Flcdev\FORMS\Permits\Planning\DRB\drb_change_to_approved_plans_lJcage-o5-1 1-2006.doc
sEP 2'.r 2006
Page I ofl
Warren Campbell - FW: fire pit approval
From: "ChrisLammers"<clammers@anelson.com>To: "Warren Campbell'<WCampbell@vailgov.com>
Date: 09/2512006 ll:31 AM
Subject: FW: fire pit approval
Wanen-
Below is conespondence from unit 12 owner saying they would like the fire pit to be constructed. I think this is all
the information needed for the DRB submittal. Please confirm that this is submitted to the DRB and you don't
need anything else from me.
Thanks
Chris
From: JMiddl9352@aol.com [mailto:JMiddl9352@aol.com]
Sent Thursday, September 21, 2006 8:58 PM
To: Chris Lammers
Subject Re: fire pit approval
Chris,
As the town of Vail has requested, l, John Middleton, the owner of Gore Creek Place unit 12, would like this fire
pit to be constructed.
Thank you,
John Middleton
file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW)00001.HTM 09/2512006
**'r**'!{'**:t*ff*tl******l*flflt*t**f*****+********lf**tftl*******'tl.******tftfftff****'}*****+*f
TOWNOFVAIL, COLORADO Statement
Statement Number: R060001554
Payment Method: Check
IIELSON
Arnonnts: $20.00 09/28/200601 :09 PM
Init : iIS
Notations L7026lRA
Permit No:
Parcel No:
Sitse AddreEE:
IJocaCl-on:
ThiB Payment, :
ACCOI,JNTITEM LIST:
Accor.Dt Code
DR 00100003tL2200
DR8050455 Ty?e: DRB-chg to Appr Plang
2tot- o7 2 - o'7 00 -2
825 FOREST RD \IAIIJ
GORE CREEK RESIDENCES
s20.00
Total Feee:
Total ALL PmtE:
Balance:
Deacription
DESIGN RE\i:TEVI FEBS
$20.00
$20.00
$o. oo
Current Pnta
20.00
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Complete Fire Pits
Your Complcte, Drop.h, Flre Efiecb llelgn Soluflon.
25"Firt Pit Contains: 25" stainless steel pan, sainless $eel
electronic ignition systern, rcmote oontrol, vinyl firc pit covet, and
(to put in pan), Completely assembled. Ready to drcp into
choice of 90 K 150 K or 270 I( BTU systems- Models:
. Installation collars are available,
. Ele sur€ to note choice of wireless or wired wall switch
25" 25SSl50 with 150,000 BTU System
With optional FPL24TP Log Set
25" 25SS270 with270,000 BTU System
rtog sets qe available- Not included in standard Fire Pit
r) rUst."q favo ftcks
. 190,0iqBTU Do<en system can be battery powered or I---f r I 50,000 p 270,000 BTU Honeywell systems are I l5-V,
Yu ti,,r, \h'.'. a,i- .
box, stainlcss stcd fire ring
rock
provided enclosum. Your
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order ifthat is your selection.
TOWN OF VAIL
DESIGN REVIEW
STAFF APPROVAL
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Design Review Board
ACTIOI{ FORII
Department of Community Development
75 South Frontage Road. Vailn Colorado 81657
tel: 970.479.2139 fax: 97$.479.2452
web: www,vailgov.comC0lifi.irlY fElEl.r0?tflar
Prcject l{ame: GORE CREEEK PL CHANGE
Project Descriptiolr:
DRBNumber: DR8050393
REQUESTTO CHANGE A PORTION OF THE APPROVED I-ANDSCAPE PI.AN FROM NATUML
GRASS TO SOD. THIS PORTION IS LOCATED ON THE SOUTH SIDE OF THE STRUCTURES FROM
THE PROPERTY UNE TO THE REAR OF THE STRUCTURES. AT NO POINT WILL THE NATUML
GRASS BUFFER BETWEEN
Participants:
OWNER VAIL CORP
PO BOX 7
VAIL
co 81658
APPUCANT GORE CREEK PI-ACE-JANE IVY'AS08/28/2006 Phone: 845-2331
PO BOX 100
EDWARDS
co 81532
Prcject Address: 825 FOREST RD VAIL
GORE CREEK PI.ACE COMMON EI.TMENT
Location:
Legal DescripUon: Lot 3 Block Subdlvision: WEST DAY SUBDIVISION
Parcef Numben 2l0L-072-070Q-2
Comments: SeeConditions
0812812006
Motion By:
Second By:
Vote:
Gonditions:
BOARD/STAFF ACTIOTI
Action: STAFFAPR
Date of Apprcval: 09/06/2006
Gond: 8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PI-AN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Cond: @N0008405
THE APPUCANT SHALL SURVEY AND SI-AKE THE PROPERTY UNE PRIOR TO INSTALUNG THE SOD
TO VERIFY THAT NO SOD WILL BE LOCATED ON THE TOWN STREAM TMCT. IN ADDMON, IN
LOCATIONS WHERE THE BIKE PATH IS LOCATED NEAR OR ON THE GORE CREEK RESIDENCES
PROPERTY A MINIMUM OF FIVE FEET OF NATUML GRASS WILL REMAIN TO PROVIDE A BUFFER
BETWEEN fiE PUBUC USE AREAS AND THE PRIVATE USE AREAS.
Warren Campbell DRB Fee Paid: $20.00
JUL.3t.2@@6 9:sAAH
Changes To The APProved Plans
Application for Design Review
Deoartment of Community De\dopment
ZS SouUr Frcntege Roa4 Vall, crlorado 81657
tfll: 970.479.2128 fax: 970.479'24s2
web: wvw.ln llEo/'com
ceneral lnformation:ffi;i#'d;'ffii&t rcvre$, must rcaene apprwa p,iltP-+TiTlt1uuitoine31g11agl'ElT;'ff1ff
ili,ffffitr;lliffi' EiilJi'#'#ttE;ti".i';#,"il1*+;iqn"i"d.r t aidticatton i6r Desgn R€vre$'
cannor be acceoted unu ail reoutred inturmation it r"r.v$ Ui-tri Cdmmuntty Dry+rPT:qTgH:t-n"cannot be accepted arr requrred inturmation i' ".iilli ;y.iti.dlTylry ry1'nTl*HH:k*"-rljJ.l;=d;i.ffi#'t'#',ElH&'tv'a'fi,^1 c"'iiJi";Ar"1.111p1a'r1-'g.1i3yg5l"1g'llfllflilprcJec. may ar.*r I tEE:ir ue uE 'EvrGtfr;n st u'E 'vr'" *-'lrt'ili'6uea
"na c6n=rucson commeng rdthinbeiign teirtew approval laPce€ unless a building pen
one year of the apProval.tdd
gfthp \eqgest:
Parcel No.:l0lo -1 OC 3 (conuct Eagle Co. Assessor at 970-32e8640 for Parel no')
zoning;
Name(s) of Owner(s):
PO
owner(s) slgnaHr€(s)t
Name of Applicant:
Malllng Address:
E mail Addrccs:
Tlpe of Review and Fe-:
NO.43@ P.!/?
{ ctranges o apPmved Plans
Submlttal lteguircm€ntt;
For revidons b plans alrcacly aPgrovetl by Planninq Sbfr or tfie
Design Rarlew Board.
f20
3 Sets of Plans Addressing Prolect Changes
Signaillt of Homeowne(s) or Assodatlon
AU0 23 2006
TOWN OF VAILF:\cde{FORM$Permib\Planning\DRB\drb-change-b-app|wedJlsns-1Jc6ge-0$11
JUL.31.M6 9:5@nM NO.43A P.2/?
JOINT PROPERIY OWNER
WRITIET{ APPROVAL I"ETTER
I, (print name
fuir"t-on Matwger
a joint omer of Foperty locaH at (adfresF/leqal
descripUon)
provide this letEr as wrltten apprcr/al of the plans dated which have
been submit@ to the Town of Vail Community Devetopment Deparment br the pmposed lmprov€ments
to be compteted at tfte address noted above. I undersbrd Urat dre proposed lmpru\,emenE indude:
I further unde'rstand hat mlnor modifications may be made to $e plans orer the course of the revigl
process to ensure ompl'nnce wlth the Town's appllcable odes and regulations.
ql rolot --.(Datd) |
FlcdEv\FORMS\Pemlb\Plannlng\DRBurb-cltnge-r-approvedJrlans-lJtag%os11'2006.doc
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TOWNOFVAIL, COLORADO Statement
+t{'{t{t*{'a'{'**tltt******f+**t}*******li'{'*+**{'*{'l'{'****t**l'+{'{r+*l'l++***iff*{'{t{'********+t++*t**t***
Statement Number: R060001310
Pa)ment Method: CaBh
G|OUIJDINe
Amount: $20.00 08/28/2O06LL224 Al4Init: ,IS
Notation: $/rooo
Permit No: DR8050393 l)4)e: DRB -Chg to Appr P1ana
Parcel No: 2L0L-072-07OO-2
Site Addrese: 825 FOREST RD VAIL
Location: GORE CREEK PLACE COMMON ELEIIIEI{T
ToCaI Feea:$20.00
Thia Palment: $20.OO Total AL,L Pmte: $20.00Balance: $0.00*t++**+t*t'tt{'***a*at*'}at*+**********++++*+***ftrt++*+**+t+**ta*+****t*'ttl+++********i*++++***
ACCOIJNTITEM LIST:
Account code Current Pmta
DR 00100003Lt2200 DESIGII REVIEW FEES 20.00
Deecription
U-t*D'/6/^b'
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TOI4,N#
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 faxi 970.479.2452
web: www.ci.vail.co.us
Prcject l{ame: GORE CREEK PLACE SUB. SIGN DRB ilumber: DR8060336
Project llescription:
GORE CREEK PLACE SUBDMSION ENTMNCE SIGN AND ADDRESS SIGNS
Participants:
owNER VArL CORP 0713L12006
PO BOX 7
VAIL
co 816s8
APPUCANT MAU RIELLO PLANNING GROUP, LL07 | 3L | 2006 Phone : 970-748-0920
PO BOX 1127
AVON
co 81620
Liaense: C000001697
Proiect Address: 825 FOREST RD VAIL Location:
GORE CREEK PI.ACE
Legal Description: Lot: 3 Block: Subdivision: WEfi DAY SUBDIVISION
Parcef Numbert 2tOt-072-O7OO-2
Comments: SeeConditions
BOARD/STAFF ACTION
Motion By: Action: SIAFFAPR
Second By:Vote: DateofApproval:08/16/2006
GondiUons:
Cond:8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
C.ond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion,
Planner: Warren Campbell DRB Fee Paid: $65.00
Sign Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
telt 97 0.479.2L39 f axi 97 0.479.2452
web: www.vailgov.com
General Infonnation:
All projects requiring design revieu, must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
llesign review approval lapses unless a building pemlt ls issued and construction commences within
one year of the approy.l.
Description of the Request:
Location of the Prcposat: t-ot: 3 e166ft; -. Subdivision:
Physical Address:
Parcer No.: ?-lOlo+UW\Z (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:Lno-1,
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):' I aL_.
NameofAppri""nt, Veil Re*,-'lg, .Ar-.
Mailing Address:?.O. Aor s}q
Phone:
E-mail Address:
U
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w
Dfr
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Tyoe of Review and Fee:
NI Signs
D Conceptual Review
D New Constructiontr Addition
E Minor Alteration
(multi-fa m ily/com mercial)
E Minor Alteration
(si n gle-family/du plex)
tr Changes to Approved Plans
tr Separation Request
$50 Plus $1.00 per square foot of toual sign "rea. 465-aO
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No fue
'l'l'******'tt++*f*********t+f+*+f*+***************'tt**'t******t,!*+**:i,l+t+*f,*'l***+**+************
TOWN OF VAIL, COLORADO Statement
Statement Number: R050001118 Amount: $55.00 O7/31/200503:45 PM
Palmerlt Method: Check Tnit: ,fS
Notatsion: 1179IMAIIRIELLC)
PLA}INTNG GROT'P
Permit No: DRB060336 Type: DRB - sigm Applicat,ion
Parcel No: 2L0L-072-0700-2
Site AddreEs: 825 FOREST RD VAII,
LocAtion: CrORE CREEK PIJACE
Total Fees: $55.00This Payment: $55.00 Total AL,IJ Pmta: $55.00Balance: $0.00*i+*+**++t******++++++{'{'t+++++++*+*l*+t+++{':lr*+++**+*++**************++++************+++++*++
ACCOTJNTITEM LIST:
Account Code Descript,ion eurrent Pmts6
DR OO1OOOO3LL22OO DESIGN REVIEV{ FEES
sP 00100003124000 srctir FEES
50.00
15.00
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ADMINISTRATIVE ACTION FORM
Depadment of Community Development
75 South Frontage Road
Vail, CO 81657
tr,l: 970-479-2138 fax: 970'479'2452
web: www.vailgov'corn
GORE CREEK PL PLAT REVIEW
CondThPl
ADM Numben ADM060010
Parcel: 2L0I'072-0700'2
RNAL APPROVAL FOR A CONDOTTOWNHOUSE PLAT RMEW
VAIL CORP 06lru2m,6
Prot€ct Name:
Application Tlpe:
Project Description:
Particapants:
OWNER
PO BOX 7
VAIL
co 81658
APPLICANT BAILEY & PETERSON O6IL2I2OO6
108 S, FROTNAGE RD W.
STE. 208
VAIL
co 81657
Project Addressr 825 FoREST RD VAIL Location: 825 FOREST RD
Legal Descriptaon: LoU 3 Block Subdivlsion: WEST DAY SUBDMSION
Comments: Seeconditions
Motion By:
Second By:
Vote:
Conditlons:
BOARD/StrAFF ACrrOl{
Acdon: STAFFAPR
Date of APProvalt 07 1031206
Meeting Date:
Cond: 8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: WarrenCampbell DRB Fee Paid: $100.00
APPLICATION FOR
CONDOMINIUM/TOWNHOUSE PLAT REVIEW
(TITLE l3 Vail MuniciPal Code)
(please Print or tYPe)
A.App*cANr 4...n Q "ofo. G-0-u+rt, LLC --
MAILING ADDRESS
PHONE
B. APPLICANT'S REPRESENTATIVE
MAILING ADDRESS I O
F
PHONE
/-PROPERry.OWNER
owNER's srGNAruRE .\'G1 ><Grffi- , $F-*El#r' Gr^
(
PHoNn S. o* U U
MAILING ADDRESS
D. LOCATION OF PROPOSAL:
STREET ADDRESS
LOT 3 BLOCK s uBD I vr s I oN (drg.o$s\l?-s{r I r-r r.rc
E.
F.
eARCEL NO..,? / dtOD*?t )0 03 (ContactEagleCoAssessor32S-8640) r
AppLlcAroNrrr*',oo.J-T e-crr"^ #7L27 ,oru 6/zf ot
MATERIALS TO BE SUBMITTED:
Two mylar copies and one paper copy of the subdivision plat shall be
..
submitted to t'he Department of community Development. The plat shall
include a site map with the following requirements:
The final plat shall be drawn by a registered surveyor in India ink' or
other substantial solution, on a reproducible medium (preferably
mylar) with dimension of twenty-four by thirty-six inches and shall be
at-a scale of one hundred feet to one inch or larger with margins of
one and one-half to two inches on the left and one-half inch on all
other sides.
Accurate dimensions to the nearest one-hundredth of -a foot for all
lines, angles and curves used to describe boundaries, streets'
setbacks] alleys, easements, structures, areas to be reserved or
dedicated for public or common uses and other importanl features. All
curves shall be circular arcs and shall be defined by the radius,
Petotl-or3?
t-
a.
b.
lOrtot" efo \ic-'
t**++++,1'*******+t*+**************++********+* * * *++* *if+++ * * * * ****,i******tl'rl"ii'*i'**+*********,i*
TOWN OF VAIL, COLORADO Statement
't**'*********ff'i,|***fffflfflff+++*lr***+++**{r't't**+**tl+++++++++++********'t***'}**+*++++********
Staternerrt Nurnber: RO6O00O?85 Amor-rnt: $100.00 05/L2/200604:02 PM
Payment Metshod: Check Inits: iISNotation: 7227 /BATI.'EY &
PETERSON
Permit No: ADM060010 Tn)e: AdministraE.iwe
Parcel No: 2TOT-O72-O7OO-2
Site Addreee: 825 FOREST RD VAIIr
Location: 825 FOREST RD
Total Fees: 5100.00
This Payment: $100.00 Total ALL, Pmts: $100.00Balance: 50.00
*+'i**+**********ff++**++**f*++********+*f+***+*t++***+*************++++*********tltf***+++**
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 AdminisCrative Fee r-oo. 00
EA6LE COUNTY ' CO
TEAK J S I NONTON
l?3 Pgs: 9
REC: 546.00 Doc:
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9a: 44 r 41Pn
?99617773
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il lllll llil llllll llll llliilffil|illllillll
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PRTVATE PEDESTRIAN ACCESS EASEMENT
GORE CREEK PLACE, LLC, a Colorado limited liability company ("Grantor"), for
good and valuable consideration, in hand paid or received, hereby grants and conveys to VAIL
SPA CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation ("Grantee"), whose
street address is 710 West Lionshead Circle, Vail, Colorado 81657, an easement (the
"Easement") for pedestrian access over, upon and across an improved pedestrian access way (the
"Access Way") to be constructed within that certain real property described on Exhibit A
attached hereto and incorporated herein by this reference (the "Sen'ient Estate"). The Easement
shall only confer rights of pedestrian access across the surface of the Access Way, and shall
specifically exclude any right to improve, maintain, repair, or replace the Access Way or
Servient Estate.
The Easement shall constitute an easement appurtenant for the benefit of the Grantee and
Grantee's constituent members as the goveming owners' association for and owners of that
certain real property described on Exhibit B attached hereto and incorporated herein by this
reference (the "Dominant Estate"), and shall run to lhe benefit of and may be enjoyed by those
owners and their successors in interest in the ownership of the Dominant Estate or any portion
thereof, any tenants or other residents or occupants of the Dominant Estate claiming by, through
or under any such owners, and the social guests ofany ofthem (collectively, the "Permittees").
The Easement shall be non-exclusive, and Grantor shall have and retain the right to use
the Servient Estate for any uses and purposes that are not inconsistent with the use and
enjoyment of the Easement, including, without limitation, use of the Servient Estale for access
purposes in connection with the Project and Project Site (as both terms are defined below), and
grants to others of access easement rights upon, over and across the Servient Estate or portions
thereof (including, without limitation, such rights arising under the "Public Easement" and the
other Private Pedestrian Access Easement lrereinafler referenced). Again without limitation on
the generality of the foregoing, surface driveway and related or ancillary improvements and
access tunnel and other subterranean improvements (including, without limitation, building
slructures and utilities) will or may be constructed, maintained, used and enjoyed by or through
Grantor within the Servienl Estate in connection with the Project (collectively "Related Project
Improvements"); Grantor's retained rights will specifically include rights to come upon tl.re
Servient Estate as necessary or appropriate, in the ordinary course of the use and enjoyment of
the Project, to conduct maintenance, repairs, replacemenls or other work associated with the
Related Project Improvements, even though damage may result to the Access Way (provided that
Grantor shall be obligated to reasonably restore any such damage), and also associated with the
Access Way itself. In conducting any such work, Grantor may lemporarily banicade or
otherwise preclude access across the affected areas of the Access Way and/or Servient Estate in
order to facilitate the work and also protect persons and property. Grantor agrees that Grantor
Gcrry Amold
P.O. Box 959 - VC 87
Avon, CO 8l6206Et979: RCflSH
wilt not otherwise construct or place any above-surface improvements, barriers or obstacles
within the Servient Estate that would obstruct or materially interfere with the Grantee's use and
enjoyment of the Access Way.
The "Project" means the residential townhome project, with related site improvements,
which is presently being developed which subsumes the Servient Estate, and which is legally
described as Lot 3, West Day Subdivision, according to the plat thereof recorded March 10,
2005, at Reception No, 908760, County of Eagle, State of Colorado (the "Pmject Site"), as that
project may be supplemented or modified from time to time-
By their acceptance of the benefits of the Easement grant hereunder, Grantee and the
Permittees shall assume the risks associated with the use and enjoymentof the Easementandthe
Access Way, and shall hold the Grantor harmless for any claims, liabilities, damages or losses
that may be suffered or incurred by Grantee or the Permittees in connection with such use and
enjoyment, unless occasioned by the Grantor's actions constituting gross negligence or willful
misconduct. In that regard, Grantor has and shall have no duty to Grantee or the Permittees to
maintain the Access Way in any certain condition, or to provide ice or snow clearance for the
Access Way, except as otherwise expressly provided berein.
This instrument has been made in conjunction with a'?ublic Pedestrian Easement and
Emergency Access Easement" made of even date herewith between Grantor and the Town of
Vail, as the grantee (the "Public Easement"), pursuant to which certain access rights are publicly
dedicated over certain portions of the Access Way. The Public Easement shall be regarded as
cumulative with and shall not be subject or subordinate to or limited by, and in tum shall not act
as any limitation upon, the terms and provisions of this instrument. In addition, this instrument
and the Easement have been made on a non-exclusive basis along with another Private
Pedestrian Access Easement made by Grantor in favor of The Vail Corporation, d/b/a Vail
Associates, Inc., and recorded or to be recorded on or about the date of the recording of this
instrument.
This instrument, the Easement and the terms hereof shall touch and concem and run with
the land as a burden and benefil to the Servient Estate, the Dominant Estate, and the Project and
Project Site, as applicable, and shall be binding upon and inure to the owners thereof, their
,u"..rro6 in interest from time to time, and any owners' association (including Grantee) formed
and existing from time to time that provides goveming functions for the applicable property.
References herein to "Grantor" will specifically include successors in interest to Grantor's
ownership of the Project and Project Site and the "Association" defined below. Grantor and its
su.."srorl in the ownership to the Servient Estate, or any portion thereod and tbe owners from
time to time of the Dominanl Estate will have liability for any breach of the obligations
hereunder of Grantor or Grantee, as applicable, only to the extent the breach occurs during the
ownership period and in relation to the ownership interests ofsuch party. Ifany such breach is
attributablJto any actions, omissions or property interests of any owners association established
for the Project (the "Association"), recourse for such breach will be limited to the Association.
The Association will enjoy the benefits and protections inuring to the Grantor hereunder; without
limitation on the foregoing, the retained rights and interests of the Grantor hereunder may be
exercised through the Associalion, and will also inure to the benefrt of desi[nees of the Grantor
6t!919.2 RCnSH
or such Association, which may include, without limitation, any agents and contractors of those
parties, and applicable utility suppliers.
' Any subsequent waiver, amendment or modification of any provision hereof or any
termination of this instrument (any of which shall be enforceable only to the extent specifically
set forth in writing) that is made by Grantee or the Association will be binding upon its
constituent ownen,
This instrument shall be govemed by and construed in accordance with the laws of the
State of Colorado. The Easement shall become effective upon the due and valid execution and
delivery of this instrument by Grantor, this instrument's recordation in the real property records
for Eagle County, Colorado, and the completion of the initial construction of the entire Access
Way 1-wtrictr shall not be deemed to occur until such construction is fully accepted and/or
appioved by the Town of Vail as a requisite to issuing all certificates of occupancy for the
Project upon full build-out).
[Balance of page intentionally left blank]
63tt?9 2 RCnSH
INjIITNESS WHEREOF, Grantor has rnade this Private Pedestrian Access Easement as
of the fut 'day of T re rr c- , 2006.
GRA}ITOR:
GORE CREEK PI,ACE, LLC, a Colorado
limited liability company
By: Vail Resons Development Company,
STATE OF COLORADO
COUNTYOF C44 I.
-
€oo l.
t4
The foregoing instrrynent was acknowledged before-me this.-3a''day of Tuac' ,
of Vail Resors
Development Company, a Colorado corporation, Managing Member of Gore Creek Place, LLC,
a Colorado limited liability compziny.
Witness mv hand and official seal.
Mycommissionexpires: trl, ' l, ^ ad (
)
) ss:
)
Approvcd 3la Forn:
l.egrl llcprrmcnl
Nrnc:
Slgn!l||r!:
Ddc3
a Colorado corporation,
ff-1: ll1-X5
'r--.'$oTAar"";'
iii-.ri
w;#:$
6$979.: RCFISH
EXHIBIT A
Legal Description of Servient Estate
(see the attached)
6$yl9.2 RCRSH A-1
LECAL DESCIIIPTION
A PARCEL OF TAND LOCATED IN LOT 3, WEST DAY SUBDIVISION, AS RECORDED MARCH IO, 2OO5 AT
RECEPTION NO. 908?60, IN THE OFFICE OF THE CLERK AND RECORDER, COTJNTY OF EACLE, STATE
OF COI.ORADO, BETNG MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHERLY ANGLE POINT ON TTIE WES'TERI.Y LINE OF SAID LOT 3.
WTIENCE THE WESTERLY LINE OF SAID LOT 3 BEARS N I5'5027' W A DISTANCE OF 122.80 FEET
FORMING 'fHE BASIS OF BEARINC OF THIS DESCRITNON:
.IHENCE N ?3'24'42' E A DIS'TANCE OT 432.25 FTET TO A POIN'I' ON THE SOUTH LINE OF SAID LOT 3.
SAID POIN'T ALSO BEING THE IROLPOINLOLBI:GINNINGI
THENCE DEPARTINC SAID SOUTH LINE OF LOT 3 THE TOLI.OWINC EIGHTEEN (I8) COURSES:
I ) I7.?? FEE'I' ALONG A NON.TANCENT CURVE TURNING TO THE zuGHT FI,AVINC A CENTRAL
ANCLE OF 40'25'22", A MDIUS OF 25.19 FEET AND A CHORD WHICH BEARS N 45"]5'07" W A
DISTANCE OF I7.4I FEET:
2) N 25'22'26" W A DTSTANCE OF 14.50 FEETTO A POINT OF CURVATURE;
3) I4.OI FEET ALONG A CURVE TURNINC TO THE RIC}IT II,AVINC A CENTRAL ANCLE OF
37'40'34" A RADruS OF 2I.30 FEET AND A CHORD WHICH BEARS N 06'32'09'W A DISTANCE
OF I3.76 FEET 'IO A POINT OF REVERSE CURVATURE;
4) I].77 FEET ALONG A CURVE TURNINC TO TI.IE LEFT HAVING A CENTML ANGLE OI:
45'I745", A MDIUS OF 17.42 FEET AND A CHORD WHICH BEARS N IO'2O45'W A DISTANCE
OF I3.4I FEET:
5) N 32'59'38" W A DISTANCE 0F 5.37 FEET;
6) N 53??'13" E A DISTANCE OF 2.74 FEET;
7) N 36'32'47' W A DISTANCE OF I 1.57 FEETI
8) S 69'42'13" W A DISTANCE OF 8.47 FEET:
9) N 20'17'22" W A DISTANCE OF 16.$ FEET;
t0) s 60"15'04" w A DISTANCE OF 2.70 FEET;
) N 20'17'56" W A DISTANCE OF 36.08 FEET;
l2) N 7l'37'08'E A DTSTANCE OF 26.47 FEET'rO A POINTOF CURVATURE;
t3) 17.15 FEET ALONG A CURVE TURNING TO THE RIGHT HAVING A CENTMI, ANGLE OF
I7"3239', A MDIUS OF 55.00 FEET AND A CIIORD WHICH BEARS N 80'23'28" E A DISTANCE OF
17.08 FEETI
t4) N 89"09'47" E A DIS'TANCE OF l.19 FEET TO A POINT OF CURVATURE:
I5) 14.29 FEET ALONC A CURVE TURNING TO THE I.EFT HAVING A CENTRAI. ANGLE OF
3I'4903'. A RADIUS OF 25.?4 FEET AND A CI.IORD WTIICH BEARS N 73'IJ'I6" E A DISTANCE OF
I4.I t FEET TO A POINT OF REVERSF. CURVATURE;
I6) I5.83 FEET ALONC A CURVE TURNING TO THE RIGHT HAVINC A CENTML ANCLE OF
16"28'18" A MDIUS OF 55.05 FEET AND A CHORD WHICH BEARS N 65'34'53" E A DTSTANCE OF
I5.77 FEET:
r?) N 7r'58'22" E A DISTANCE OF 21.06 FEET TO A POINT OF CURVATURE;
18) I?.95 FEET ALONC A CURVE TURNINC TO THE LEFT T{AVINC A CENTML ANCLE OF
6V32'42", A MDIUS OF I6.98 FEET AND A C}IORD WHTCH BEARS N 4I'42'OI' E A DISTANCE OF
17.12 FEET TO A POINT ON THE NORTH LINE OIJ SAID LOT 3:
TIJENCE ALONC SAID NORTH LINE OF LOT 3 N 69.42'49" E A DISTANCE OF 47.88 FtET; THENCE
DEPARTING SATD NORTH LINE OF LOT 3 THE FOLLOWINC TWENTY.TWO (22) COURSES:
l) s 05'16'56' E A DISTANCE OF 23.33 FEET TO A TOINT OF CURVATURE;
2) I I.72 FEE'T ALONC A CURVE TURNING TO THE RIGHT HAVINC A CF.NTRAL ANGLE OF
I8'42'45", A RADIUS OF 35.87 FEET AND A CHORD WHICH BEARS S 85"24'IO" W A DISTANCE
OF I I.66 FEET:3) N 85'14'27" W A DISTANCE OF 6.29 FEET TO A POINT OF CURVATURE;
4) I5.06 FEET ALONC A CURVE TURNINC TO'ftIE LEFT HAVINC A CENTRAL ANCLE OF
44'I5'33', A RADTUS OF I9.50 FEET AND A CHORD WHICH BEARS S 72'37'47" W A DISTANCE
OF 14.69 FEET;5) s 50'10'00" w A DISTANCE OF 13.47 FEET TO A POtN'f OI: CURVATUR!;
P:\l 100-l199\l 146.3\docs\Legal - Vail Spa Pedestrian Easnent.doc
6) I7.?7 FEET ALONG A CURVE TURNING TO THE zuGHT HAVING A CENTRAL ANGLE OF
3I"4749'. A RADIUS OF 32.02 F'EET AND A CHORD WHICH BEARS S 66"23'54" W A DISTANCE
OF t 7.55 I;EET TO A I'OINT OF REVERSI] CURVA'|I,JRE;
7) 30.24 FEETAI.ONC A CURVE TURNING TO THE LEFT HAVINC A CENTRAI- ANCLE OF
20"2026", A RADruS OF 85.I8 FEET AND A CHORD WIIICH BEARS S 72'0736" W A DISTANCE
OF 30.08 FEEI'1'O A POINT OF REVERSE CURVATURE;
8) 23.4I FEET ALONG A CURVE TURNINC'TO THE RIGHT HAVINC A CENTRAL ANCLE OF
2?"4028'. A RADIUS OF 48.47 FEE r AND A CHORD Wlltcl't BEARS S 75'47'36" W A D|STANCE
OF 23.I8 FEET TO A POINT OF REVERSE CURVATUR.E;
9) I3.48 FEET ALONC A CURVE TURNINC TO THE LEFT HAVING A CENTRAL ANCLE OF
I8'2S46". A RADIUS OF 4I.79 FEET AND A CHORD WHICII BEARS S 80'23'28" W A DISTANCE
oF | 3.42 FEEI':
r0) s 7r'37'08'wA DISTANCE OF 16.06 FEET;
I r ) s 20" t6'3 t" E A DISTANCE OF 22.07 FEET;
t2) s 60't0'03" w A DISTANCE OF 2.37 FEET;
B) S 20"25'45" E A DISTANCE OF | 1.67 FEE',t;
I4) N 69'49']2" E A DISTANCE OF 6,89 FEETi
r5) s 36'12',47" E A DISTANCE OF 16.42 FEETI
l6) N 53'27'r3" E A DISTANCE OF 2.28 FEE f;
I7) S ]2'59'38" F. A DIS'TANCD OF 6,99 FEET TO A POINT OF CURVATURI];
IS) 2 t.68 FEET ALONC A CURVE TURNINC TO THE RTCHT HAVING A CENTML ANGLE OF
45" 11'+6", A RADIUS OF 27,42 I'EFJ AND A CHORD W}IICH BEARS S IO"2O'45" E A DISTANCE OF
2I.I2 FEET TO A POINT OF REVERSE CURVAIURE;
I9) 7,43 FEET AI,ONG A CURVE TURNINC TO THE LEFI' HAVINC A CENTML ANGLE OF 37'40'34",
A RADIUS OF I I.3O FI:ET AND A CHORD WHICH BEARS S 06"32'09" E A DISTANCE OI" 7.30
ftI'l:
20\ S 25"i2'2C' E A DISTANCE OF I 4.50 FEET TO A POINT OF CURVATURE;
2I ) I I .88 FEET AI.ONG A CURVE TURNING TO THE LEFT HAVING A CENTML ANCLE OF
44"41'II'. A RADIUS OF I5.19 FEET AND A CI{ORD WI{ICH BEARS S 47'45'02" E A DISTANCE OF
I I.58 FEST TO A POINT OF CURVATURE;
22) ?.62 FEE T ALONC A CURVE TURNINC TO THE RIGHT ITAVING A CENTRAL ANGLE OF
I7'3753", A RADIUS OF 24.77 FEET AND A CHORD WHICH BEARS S 6I'20'4I" E A DISTANCE OF
?.59 FEET TO A POTNT ON SAID SOUTH LINE OF SAID LOT 3;
THENCE ALONG SAID SOUTH LINE OF SAID LOT 3 S 66'54'19' W A DISTANCE OF I2.87 FEET TO THE
TRUE POINT OF BECINNTNG.
SAID PARCEL CONTA]NING 0.077 ACRES MORE OR LESS.
BRENT BIGCS PLS#27598
FOR AND ON THB BEHALF OF
PEAK LAND CONSUI,TANTS, INC.
P:\l100-l 199\l 146.3\docs\Legal - Vail Spa Pedestrian Easrnsnt.doc
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EXHIBIT B
Legal Description of Dominant Estate
VAIL SPA CONDOMINIUM,
According to the Condominium Declaration for Vail Spa reconded Decernber 4, 1979, in
Book295 at Page 457, u amended by the Amendment to Condominium Declaration for Vail
Spa recorded October 11, 1988, in Book 492atPage 715, and re-recorded June 15, 1989' in
Book 508 at Page 82, and the Condominium Map for Vail Spa recorded December 4, 1979, in
Book 295 at Page 458,
County of Eagle,
State of Colorado
o$vr9: tcnsH B-l
EAGLE COUNTY, CO
TEAK J S INONTON173 Pgs: 2g O?t 44 | 46Pn
REC r 9101 .00 DOC r S
aaa6 t777?g7/a5/?as6
ililililil| ilililIlilil] il|il ililil|ilililIilil |IilililI ilil t|ti
PUBLIC PRDESTRIAN EASEMENT
AND
EMERGENCY ACCf,,SS EASEMENT
GORE CREEK PLACE, LLC ("CCP"), a Colorado limited liability cornpany,
and THE VAIL CORPOI{AI'ION, d/b/a VAIL ASSOCIATES, INC. ("Vail Associates"), a
C<llorado corporation (sometirnes hereinafter together "Grantor(s)"), for good and valuable
consideration, in hand paid or received, hereby grant and convey to TOWN OF' VAIL, a
municipal coqporation duly organized and existing under and by vinue of the laws of the State of
Colorado ("Grantee"), whose street address is 75 South Frontage Road, Vail, Colorado 81657,
the following easements (collectively the "Easements") with respect to the "Servient Estate"
det'ined below: (i) an easement in peqpetuity for pedestrian access (the "l)edestrian Access
Easement") over, upon and across an improved pcdestrian access way 1o be constructed within
the Sen'ient Estate (the "Access Way"), and (ii) an easemenl in perpetuity (the "Emergency
Access Easement") lbr the pqrpose o f sur{ace access across and <lver the Access Way by
ambulauces and small fire-protection vehicles in order 1o occommodate the ordinary
perfbrmance of their tunctions in emergency circumstances; provided, however, thal any vehicle
having a wheel load or gross vehicular weight in excess of 12,000 pounds is specitically
prohibited and may not be employed in any use of the Emergency Access EasEment. Thc
"Servient Llstate" shall be comprised of (i)that cenain parcel of real property legally described
on Exhibit A-l attached hereto (the "GCP Easenrent Parcel"), and located within Lot 3, West
Day Subdivision, according to the plat thereof recorded March 10, 2005, at Reception
No. 908760, County of Eagle, State of Colorado ("Lot 3"), which Lot 3 and CCP Easement
Parcel are owned by GCP, and (ii) that certain parcel of real property depicted on Exhibit A-2
attached hereto (the "Vail Associates Easemenl Parcel"; and located within Lot 2, West Day
Subdivision, according 1o the plat lhereol'recorded March 10,2005, at Reception No.908760,
County of liagle, State of Colorado ("Lot2"), which Lot2 and Vail Associales Easemenl Parcel
are orvned by Vail Associates. The Easements shall be govemed by and subject to the tbllowing
terms and provisionsl
l. Eascment Beneficiaries. The Pedestrian Access Easemenl shall be tbr the
use of members of tlre general public (the "Public"), and accordingly the Pedestrian Access
Iiasement does and shall constilute a public dedication. All members of the Public shall be
' regarded as invited guests of the Grantee tbr purposes of C.R.S. $ 33-41-103; it is mutually
intendcd by the palties that Crantors have the t'ull benefit and protection of the provisions of
C.R.S. $ 33-41-103 in relation to the use and enjoymenl of the Pedestrian Access Easement and
the Access Way. Crantors specifically agree thal no charge shall be levied by Crantors upon and
no revenue shall be collected frorn any member of the Public for any entry into the Servient
Estate lbr the use and enjoyment of the Pedeslrian Access Easement. The Elnergency Access
Easement shall be tbr the benefit of Crantee and bona fide providers of emergency arnbulance
and tlre protection services.
ffiff#fgrtt-'"*r".t',
6s::7s 1 RcFtSll p.O. Bor 959 _ yC g7
Avor! CO 8t620
2- Durarion and Narure. The Easements shall be in pcrPetuity. Tbe
Pedesrian Access Easemenl shall, as set forth above, conslitute a public dedication to the
Granlee for the use of the Public; the Emergency Access Easemenl shall constitute an easement
in gross for the benefit ofGranree and its other beneliciaries designated above, and shall not be
traisferable (with any purported transfer to render the Emergency Access Easemenl null and
void and of no furthir lorce or etTect al Grantor's election). The Easements shall only confer
rights of pedestrian an<t emergency access across the surface of tlre Acccss Way, and shall
siecifically exclude any rights to improve, maintain, repair or replace the Access Way or
Servient Estate.
3. Maintenance and Repairs: Liabilities'
(a) Subject to the follorving provisions, and following lnitial
Acceptance (as hereinafter defined), GCP at its expense shall be obligated (i) to keep the
Access Way in good condition and repair from linre to lime, subject to ordinary wearand
tear that dois not materially interfere with the utility and function of the Access Way, and
(ii) to provide the heat source for the operation of the snow'melt system and elements to
constitute part of and be incorporated inlo the Access Way (subject to any subsequent
modifrcations to the Access Way that may be approved by Granlee in the exercise of its
municipal powers).
(b) The parties mutually acknowledge that the portions of the Access
Way within rhe Vail Associates Easement Parcel are or will be constituted by an access
path/ramp (the "Temporary Ramp") which is intended to be temporary and ultimately
ieplaced-by an accesi patl/ramp (the "Lot2 Ramp") that will constitute part of the site
improvements for the pending development of Lot 2 by Vail Associates or its successors.
(The Temporary Ramp is generally depicted on Exhibit A-2 attached hereto.) The Lot 2
itamp is io be integrated into the snowmelt systems of the l,ot 2 development and
mainiained by Vait Associates or its successors, is to connect to the Access Way rvithin
the GCP Easemenl Parccl. and is to be located in substantially the ssme position as or to
the rvest of the Temporary Ramp; the Lot 2 Ramp may be redeveloped, replaced or
modified by Vail Asiociates from time to time. The Easements shall terminate with
respect ro the Temporary Ramp and the Vail Associates Easetnent Parcel at such time as
thc construction oi th. Lot 2 Ramp is commenced (and upon demand the Grantee will
promptly execute and deliver a recordable '*rittcn instrunrent evide[cing such
ierminaiion and made in form and substance reasonably satisfactory to Vail fusociates).
Prior to the construction of the Lot 2 Ramp' the Temporary Ramp will be and remain
inlegrated within the snowmelt syslems of the GCP Projecl (as hereinafter defincd), and
GCIj will provide and pay the cost of the snowmelt sewices to the'l'emPorary Ramp, and
otherwise fumish maintenance, repain and replacements for the same as part of the
Access Way; these obligations of GCP will continue in effect unless and until GCP is
given norice frorn Grantee that the construclion of the Lot 2 Ramp has commenced (and
6ront.. agrees to give such notice promptly upon commencement of the construction). lf
the Lol 2 Ramp iJ never conslructed, such that the notice of the commencement of its
construclion is never given, GCP's obligations with respect to the TenPorary Ramp uill
be perperual. ln connection wi0r the Temporary Ramp and Lot 2 Ramp, GCP and Vail
Associates agree as follows:
6t::7r r Rcflsll
(i) For purposes of the follo*'ing provisions, the "Working
Party" shall mean, as applicable, (A) GCP whencver any work of maintenance,
,.pui* or replacements ior the Temporary Ramp is conducted within Lot 2 by,
through or under GcP C'GCP Ramp Work"), and (B) Vail Associates wherever
work-of construction or maintenance, repairs or replacements for the l,ot 2 Ramp
is conducted, if at all, within Lot 3 by, through or under Vail Assosiates ("Vail
Associates Ramp work"). The GCP Ramp Work or Vail Associates Ramp work,
whichever is applicable in the panicular context, is sometimes refened 1o herein
as "Ramp Woii"; the property of the other parly on which the Working Pa(y
conducts its Ramp Work is somelimes referred to as the "Burdened Property";
and GCP or Vait Associates, whichever owns the Burdened Property, is
sometimes refened to hereinafter as the "Burdened Party.''
(ii) Vail Associates hereby grants GCP an inevocable license
and righf of eniry ovcr the Vail Associates Easement Parcel, and Areas adjacent
theretJ within Lot 2 as necessary or appropriate, for purposes of undertaking the
GCP Ranp work from time 1o time, this license and right of entry being an
appurtenance benefiting the ownership of Lot 3 and coupled with an interest.
This license and right olentty may be used and enjoyed by GCP and contractors
and agents .ngug.i by, through or under GCP' This license and right of entry
shall rimain in effecf until the Easements terminate with respect to the TemPorary
Ramp, at which time this license and right of entry shall also terminate
aurornatically and be of no further force or effect. Vail Associates may
unilaterally execute and record an instrument evidencing the termination of this
license ani right of entry, without any joinder in such instrument by GCP, and
any such instrument so made and recorded by Vail Associates will be conclusive
that the license and right ofentry has been termiuated and no longer encumbers or
affects title to Lot 2 in any respect. ln conjunction with the termination of this
license and right of entry, and as part of and in the ordinary course of the
construction of the Lot 2 iiamp or any replacements or modifications thereof, Vail
Associates will take appropriate measures to have the Temporary Ramp
disconnected from the inowmelt systems of the GCP Project, rcmove the
.l'emporary Ramp or components of the Lot 2 Ramp being replaced or removed,
and iesorl the affected areas ofLot 3.
(iii)GCPherebygrantsVailAssociatesanirrevocablelicense
and right of entry over Lot 3, ai an apPurtenance benefiting the- .ownership of
Lot 2 -and coupled with an interest, for purposes of undenaking the vail
Associares Rami Work from time to time. This license and right of entry may be
used and enjoyld by Vail Associates and contracton and agents engaged by,
through or undl. Vail Associates. The term ofthis license and right ofentry shall
bein-perperuity.(Thelicensesandrightsofentrygrantedunderthis
p"*gr"ih (iii; ana paragraph (ii) above are sometimes referred l,o herein as the
"Work Licenses,")
(iv) The Working Party will not cause, p"*it o' sufTer any
mechanic's lien claims ro be made against the Burdened Property or any portion
d:JI 5 RCFISH
thercof or interest therein that may arise from or in connection with any Ramp
Work undertaken by, through or under the Working Party' - lf any such
mechanic's lien claim is recorded, then the Working Party' by payment or
bonding, shall secure the record release and discharge of the lien claim within
ir.*y ilbl days affer its recordation. If the Working Party shall fail to secure that
,.l"asi and dischalge in a timely manner (time being of the essence.with respect
it.o,o1, then the Birdened Party, at its election and without obligation to do so,
,oy ,..ur. the release of the tien claim by ally_ means available,, including
uonaing or settlement with the lien claimant, in which case the working Party
shall, viithin fifleen (15) days after notice of demand from time to time, rcimburse
the iurdened Party for the Burdened Party's costs and expenses incurred in
securing the lien release, including reasonable attomeys' fees'
(v) The Working Party shall indemnifu and defend and save
harnless the iurdened Party and the Burdened Party's employees, agents'
contractors, licensees and invitees, including, without limitatiorl, _any tenants'
o".up"ns, or business or social guests ofthe Burdened Property (collectively the
..lndemnified Parties"), from and against any and all liabilities, losses, d'amages,
claims, liens, demands, actions and causes of action, including, without limitation,
those pertaining to "ny
personal injury or damage to proqe1l' which may be
irnposed upon or suflbrcdor incuned by any of the Indemniflred Parties and which
arise out of or in connection with any Rarnp Work undertaken by, through or
under the working Party, together with alt costs and expenses, including
reasonable artorneyi'fees, that may be incuned by the Indemnified Parties or any
of them in connection with any indemnifred matter. This indemnity shall not
apply,however'toanymaner-otherwiseindemnifiedtotheextentitarisesfrom
the negligenc" o, *illful misconduct of the Burdened Party or any other
Inderrurificd Pany. This indemnity will specifically apply, without limilation, to
any mectranic's iien claims for which the Workirrg Party is-responsible pursuant
,o'puogi^prr3(bxiv) above, and-the.obligations of the working Party under
p*lgt"pft:tUltviiUefow. The lndemnified Parties other than the Burdened Party
stratiUq third'party beneficiaries of the foregoing provisions'
(vi) Any Working Party will conduct or carne to be conducted
any Ramp Woik undertaken by, thiougtr or under it in a good and workmanlike
manner' to the end of avoidirrg o' .ini'i"ing any impacts on the Burdened
prop.rtv or any improvements oi facilities therein. To the extent any such Ramp
Work or activities related thereto nonethcless damage, disturb or otherwise
adversely al'fect any areas, improvements or facilities within the Br'rrdened
Property, the Working Party will cause lhose affected areas, improvements or
facilities to be restorib to jubstantially the same condition in which they werc
found prior to the undertaking of the pertinent Ramp Work'
(c) Subject to GCP's obligations under paragraphs 3(a) and 3(b)
above, Grante. .ou"n"n,r'.nd agrees to bear and discharge any obligatiorrs or liabilities
ii"-, ,*v rrir. in connection with the use and enjoyment of the Easements or the Access
W"V pil*r"t to the Easements, Without limitation on the generality of the foregoing,
.'tZrI J RCflSfl
Grantee shall be solely responsible to repair and restore any damage to the Access Way'
GCp project o, r-oi j *trLl is caused by emergency _vehicles .using the Access way
pursuant io the Emergency Access -E1e1e.nr. Grantee further acknowledges and agrees,
on irs own behalf ani on behalf of the Public and other beneficiaries of the Easements'
that Granlee and such beneficiaries assume the risks associaled with the use and
enjoymentoftheEasementsandtheAccessWay,andshallholdeachoftheGranlors
harmless from any claims, liabilities, damages ot lott.t that may be suffered or incurred
by Grantee and such beneficiaries in connection with such use and enjoyment, unless
occasioned by the actions of the applicable Granlor constituting gross negligence or
willfirl misconduct.
4'Non.Exclusive'TheEasementsandWorkLicensesshallbe
non-exclusive, and each cr"nt- rrr.rr have and retain the right to l'se the Granlor's Property for
ony ur*, and purposes that are not inconsistent with the use and enjoymenl of the Easements or
Work Licenses, including, without limifation' the use of the Servient Estate for access PurPoses
in connection with the Gie project and Lot 3 or any use of Lol 2, as applicable, and the making
ofgrunO to olhers ofaccess..".t.nt rights upon, over and across the applicable portions ofthe
Servient Eslalc. withoui limitation o:n th"-for.going, and ,pursuant to.plans heretofore or
hereafter approved UV Aiuntee for the GCP Projeit, surface driveway and related or ancillary
improvements and accsss tunnel and ofher subterranean improvenrents (including' rvilhout
limitation, building ,ur.rur", aid utiliries; will or may be constructed, maintained' used and
*joyea wirhin rhl GCP Easemenr Parcei in connection with the GCP Project (collectively
"Iieiated GCp project hnprovements"); GCP's rctained rights will specifically include rightsto
come upon rhe GCI, Easement Parcel as necessary or appiopriate, in the ordinary course of the
ur. una enjoyn:enl of tne CCp Project, lo conduit ,naintettance, repairs, replacements or other
work associated u,ith the Related Gbp project Improvements, even though damage may resuh to
the Access Way (providJiiat CCp shall be obligated to reasonably restore any such-damage)'
"nd ulro orro.iuiia with the Access Way itsctf. In conducting any such work, GCP may
temporarily barricade or otherwise precludl access across the affected areas of the Access Way
in order to t'acilitate the work and also Protect Persons and property. (The working Party will
truu. ,orr.rponding rights inconjunction with any Ramp Work') glunto^ agree that Crantors
will not otherwise ,onrtr* uiy uUou.-tutface imptouements within the Servient Estate that
would obstruct o, rut.riutty lntirfer. with the ut. .nd enjoyment of.the Access Way' The I'GC.P
pr"j;; nreans the ..ria.nti.t townhome project, with related site improvemenls, which is
presently being developed on Lot 3, as that iroject may be supplemented or modilied l'rom time
to time.
5. Runnine with the Land.
(a) The covenants and obligations of the Grantee and the righs'
interesrs and obligations of rhe Grantors hereundir shall run with the land and inure lo the
benefit of and be binding u;n Grantors and their respeclive s-uccessors in-interest in and
io tt. o*n.of,ip of the Servient Esrale. the GCp project, Lor 3 and Iot Z-(and references
herein lo "Grantors" Or eilher "Cleurtor," "CCP,'"Viil AssOciates," the "WOrking Party"
or the "Burdened Party" will include such successors in interest, excePt to the extent such
inrturion is precludedby the other provisions hereof). The obligations hereunder ofeach
Grantor thal are orving lo the Grantee shall be several, and neither Grantor shall have any
ot:t?r t nfflsll
liability for any breach or default by the other Grantor of any obligations or duties owing
to Grantee.
(b) Each Grantor and its succcssors in ownership will have liability for
any breach ofsuctr party's obligations and duties arising hereunder ouly to the extent the-
breach occurs during the owneiship period arrd in relation lo the ownership interests of
such pany. lf any sluch breach is attributable to the actions or omissions of any owners
assoc'iation established for the GCP Project or any dcvelopmerrt on Lot 2 (an
"Association"), or any parties acting by, through or under the Association' the
Association shall be tialte for such brcaclt, u'ithout any recourse by the claimant(s) to the
Association's constituent owners/membersl if such breach is attributable to the actions or
omissions of any owner/member in the applicable Associatiorl' or any party acting by'
through or under that owner/nlember. then such o\ ner/member and the applicable
Association will be jointly and severally liable for such breach. The fact that vail
arsociares and CCP are "ffiliut t shall not in any way limit the obligations that each
owes hercunder to the other or the other's lndemnified Paflies. Each Association will
enjoy and ruy .*.r.ir. the rights, benefits and protections inuring hereunder to- the
ownerstrip of the property whicl the pertinent Association is formed to govem; *!t1lt
limitation on the lbregoing, the rights and interests specifically rctain-ed in favor of GCP
unart putogt"ptt4 heieof
-may beixercised through the Association formed for the GCP
Projeci. an-d will also inure to the benefit of designees-of GCP or such Association'
inciuding, without limitation. agenls and contraclots of those parties, and applicable
utilities -suppliers. ln addition, (i) any Association fomrcd to govem Lot 3 or portions
thereof will be specifically oUiijateaio discharge GCP's maintenance and other duties
under paragraptri:(a) *d l6;-oUone,.(ii)arry Association formed to govem Lot2-or
f"t iotir tnJreof *iff fe specincatty obligated to discharge Vail Associates' duties under
paragraph 3(b) above, una oii) thi conitituent owners/members of those Associations
will noibe individually liable for those duties'
(c) provisions hercof which relieve constituent owners/members of
duties allocated to their Association shall be enforced only so long as the Association
discharges those duties.
6. Amendments. This instrument may not be tenninated, in whole or in part,
or anrended o, rodif,eaF?iif any right or breach of any obligation arising hereunder be
waived, excepr pursuant to a writien instrument signed by lhe Party- against whom enforcement
of such termination, ur.ndrrnt, modification or waiver is sought. Notwithstanding the various
iiit+p"ny berreficiaries iAentin"a herein, the parties hereto, and their successors, will retain the
po*.i *a authority to make any such terminaiions, amendments, modifications or waivers' or to
take any actions contemplated by the termshereof. tn addition. and notwithstanding any
succession in interest to iortions tt fot 3, GCP will retaiu the right, with the consent of the
Town of Vail as the Graitee hereunder (and no other party), to modify the Servient Estate of
record with respect to thc Portions thereoiand.of Lot 3 still owned at that time by CCP' and any
such modification will u.iinaing upon GCP's successors in and to Lot 3 (and for purpose-s-o_f
it. ioi.going, the term *CCP" ais nor include any of its successors in and 3o Lot 3, r:nless GCP
;;;;;;ly ;;;ignates of record any such successor to hold this retained rnodification right)'
Mlr.o"rr, ani Association shall irave tle power and authorily, orr behalf of its constituent
$!!?t t RcHsll
Owners/members, tO make any Such termination, amendmenl, modification or waiver, or take any
such action, and bind its constituent owners/ members thereby'
7. Remedies: Attornevs' Fees'
(a) The rights of the parties hereunder may be enforced by any
remedies provided for in this instrument or available at law or equity, including, without
limitation, the recovery of damages, and injunctive or other equitable relief to prevent the
occurrence or continuance of-any breach or default hereunder, or to enforce the
performance and observance of the terms of this instrument. All remedies shall be
cumulalive *ittr anJ in addition to, and non-exclusive of, one another; any and all
rernedies may be pursued either successively or concurrently; a1d th; exercise ofany one
remedy shall not be construed as oI constitute a bar to the exerc'ise of any other remedy'
(b)lntheeventanylegalproceedingarisesoutofthisinstrumentand
is proseculed to final judgment, the prevailing party shall be entitled lo recover from the
other party att oi rtre pleuaitlng iu.ty's cosis and expenses incurred in connection
there*,ith, including reasonable .io*.y.' fees (and any presiding court will be bound to
make this award).
S.Miscellaneous.Thisinstrutnentshallbegovernedbyandconstruedin
accordance with the t"G of ttt" State of Colorado' This instrument may be executed in
counterparts, each of which shall conslitute an original, *a y\,:l logether shall constitute one
and the same agreement, The Easements granted liereunder shall become effective upon the due
and valid execution and delivery of tiis instrument by both Grantors and Granlee, this
inslrumenl's recordation in the rial property records for Eagle County, Colorado, and the
.-orrrft.fion of the initial construction of the entire Access Way within the Servient Estate'
togeiher with Grantee's approval and/or acceptance of such construction (pwsuant lo its ordinary
municipal potice powen;"as- a requisite to tire issuance of all certificates of occupancy for the
GCP Project upon full build-out ({nitial Acceptance")'
[Balance ofpage intentionally left blank]
.,1::?r t RCfISX
IN WITNESS WHEREOF,
Pedestrian Easement and Emergency Access
7006.
Apprwlrrl'rc
frfd Dcttt*.4
Nrr*
glrrliE:
Drt3:
STATE OF COLORADO
COUN'TY OF EAGLE
Grantors and
Easement as
this Public
GRANTORS:
GORE CREEK PLACE, LLC, a Colorado limited
liability company
)
) ss:
)
The foregoing instrument w'as acknowledged before me this 49I day of .
Tu.-< .2006, by Ta"/( #r<-r*f
-
as Sr. Uiea. //rgs /4:t*-f
of Vail Resorts Developrnent Company, a Colorado corporation, Managing Membei of Gore
Creek Place, I-l,C, a Colorado limited liability colnpany.
Witness mv hand and oftlcial seal'
comm rsston exprres:
[Grantors' signature blocks continue on next page]
6l::7t i xctlSll
By: VailResorts Dev t Cornpany, a
Colorado Managing Member
'oi*oraai f
: .t- 3
! ,r-
F;ii:::1.$$;bd$
ADptr td d !D f.nn:
Ldrl DtrtdtrFll
S'|ATE OF COLORADO
COI.JNTY OF EAGLE
GRANTORS (cont.):
THE VA]]. CORPORATION, DiBlA VAIL
ASSOCIATES, INC., a Colorado corporation
)
) ss:
)
a4.r___, ;;6;,' fr " i;i';"' +":;; ;;o:,'
- " _. ^'- *i i i i", -7
" il
of The Vail Corporation, d/b/a Vail Associates, lnc.' a (iolorado corporallon.
-t-L.,- I
The foregoing instrument rvgs acknowledged before me tni, ?fft day ot'
Witness mv hand and offrcial seal.
My commission expires: .
[Grantee's signature block follows on next page]
#sY ABt}\
:-9\'... " " ""'.'.;v1-\
Y.''ooTAnr'f
:-.-;
i r- ^ i
."-'-..eUf lrC..ig
K;;:i
ol:l7l t l(CtliH
tj sE4t G&INTEE:
TOWN OF VAIL, a municipal corporation, duly
organized and existing under and by virtue ofthe
Iaws of the State of Colorado
StenleyS-Zesjer, Town
Pnuu<k-a.6r^ird.h4
ft&uqc
STATE OF COLORADO
COUNTY OF EAGLE
'ftr*.rol .1ru,arn
t:
)
) ss:
The foregoing instrumcnl was acknou'ledged
, 2006, by S+er*ry8#rrntrer as Town MaFdffiof The
ipal corporation, duly organized and existing under and by virthe of the
Witness my hand and official seal.
dt'5 tJ' day of
Town of Vail, a
laws of the State
ot::rf.5 RCFISH l0
EXHIBIT A.I
Legal Description of GCP Easement Parcel
(See the attached)
Al-l6t?:?! t l("Flsll
LECAL DESCRIP'N ON
A PARcEl, oF LAND LocA rED tN LoT ]. wEsT DAY slJBDIvls.loN. As RECoRDED MARcll I0, 2005 AT
RECEpTION NO. 908760, rH rne'6nriCCbr ing ClEnr eN-o RECORDER, CoLN'rY OF EAGI'E' sTArE
G c<iLcrnroo. BEINd MoRF. PARTIcITLARLY DEScRIBED As Fol'l'owS:
BEGTNNING AT THE NORTHWEST CORNER OF SAID LOT 3' WHENCE T}tE WESTERLY LINE OF SAII)
ioi'i itirrns s 15"50'27" E A ots:ieH-cr: op 122.80 FEET FoRMtNc rHE EAsls oF BEARING OFrllls
DESCUPI'ION:
THENCE ALoNc sAlD NoRlll LINE oF LoT 3 N 74.12'56" q^.1}Is,tANcE oF 69,34 FEET: TI.IENCE
oieiniri'ic-sern Nijnltr t.tNs on uor-1TtrE FoLLowrNG NtNE (e) GoIJRSES:
l)42.ggFEETALoNGANoN.I.ANGENTcURvEn,RNtNGToTHE'LEFTH,AVIN6ACENTRAL
ANGLEoF4yls'sc,.rfurDIusoF50.00FIETANDAcHoRDwHlcHBEARSNtlc2l'24.E4
oisrexcg or +r.6s FEET To A PotNToF REvERSE cURVATURE:
I ti:8i iili ALoNc A cui{vi TUiNrNcro'nre nrcHl HAvlNc A CENTML ANGLE oF
11.42.01". A MDtUs oF-4i.42 iifi eNo e CHoRD u'HICH BFARs N 7l'14'26" E A DISTANCE OF
THENCEALoNGSAII)NoR1.Hl,lNEoFLoT3N69"42,{9.8]^DlsTANcEoF2|.20FEETiTHENCEp'[iiinrrcleirj NoRrn r.rHE oF Lor ] rHE FOLLowtNc FouRTltEN (14) COURSES:
l)25.?tFEETAI.oNGANoN.TANGENTcURvETURNINGToTHELEFItIAv|NGACENTRAL
ANGLE OF 75'32':.t'. e neoius or 19.50 FEET AND A ClloRD wHlcH BF',ARS N 89'l{'ls" E A
23.46 FEET:
i ivi.r l;;'e r Dlsr^NcE oF ?.49 FEE I ro A PoINT oF cuRVAluRE:
iSJOIiir ,rUOIrC E CUNVE TUNNING 1'O THE LEFT HAVINC A CENTRAL ANCI'E OF
is;ij,ii", A Mbrtrs Or ro.zt rtii eHo e cHoRD wlncll BEARs N 7s'{e'2e" E A DlsrANcE oF
tS.zl regr rO n pOINT OF REVERSE CURVATIIREI
iO.iJ iNEi ALOIC A CI'RVE ]URNING TO Tl{E RIGHT I IAVTNG A CEN'TR^L ANCI'E OF
ii;ii,b'it a neorus or r,r.co Fdrr etb e csono wlncu BEARs N 78'fi,'05" E A DIS'IANCE OF
20.I{ FEET:
il;43'4;; E A Dts't'ANcF' oF lls? FEETTo A PoINT oF cURVAIURE:
iZ.i: FE'rr ALON{] E CUNVE TUNNINCTO TIIE LEFT HAVING A Cr:NTR'AL ANOLE OI:
i;;i3';..
^
il\Dius bilsso edei ANi) A cHoRD wulclt BEARs N 7e"s1'27'E A DlsrANcE or-'
I2.63 FEET:
i.ib:iz ;rJe e otsrnNcE oF 1.85 FEET To A PotNT oF cuRY- 'tuRE:
ii.ri-rr-eir eionc A cuRvETURNING'folHE LEFT HAVTNG A cENTtu\L ANGLE OF
ss.2t,zz., AR{DltrS OF rl.so riii eU-o I CHORD wHrCH BEARs N 37'51'5?' E A DISI'ANCE OF
u.io Fisr ro n PoINT oN rHE NoRTH LINE oF sAlD Lor l:
DISTANCE OF 23.89 FEET;
i';pJitl' EiltsrrNta or e.zs FEEr ro A PolNr oF cURvATURE
i'SJi iEEi AUbNC A CURVE ruRNINC TO'THE RIGIIT I{AVING
^
CEN'TML ANGLE OF
ii.in:s.. t iliDrus or ot-o.r refr eNb n CTIORD wHlcll BE^Rs N 60's12{" E A DISTANCE OF
I9.2.t FEET:
N ltio.rie e DlsrANcE oF 40'le FELTTo A PotN'l'oF cURVATURB
ii.fi'riir.ri-oNC r Cunve runxtNc'ro'IHti RIcHT HAvING A CENTRAL ANCLE oF
ii;iiii;, o ri^ijrus br ll.sz nr.fr iNb e $roRD wHlcH BEARS N 80'{215" E A Drsr^NcE oF
ii.is rEErro a PolNl'oF REvERSE cTJRVATURE:i;; ffi;i.onc n c:uiverunNtNGrorHE LEFT HAvtNG A CENTML ANGLE oF
rs&05.t4'- A RADTUS OF rg.So rdEi Axb rclIORD wHICH BEARS N 68'55'08" E A DIS'D\NCE OF
il.l i reEr ro A PotNT ol: REVERSII cURVATURE;
ij.ci iiEi iLoilc r,, cr-,nvri runNrNG ro rr.tE RtcHr l{^vtNc A cENrR{L ANCLE oF
27ot7zo",A RADtUs OF 50.14 dii ANb A CHORD Wlllcll EEARs N 60'01't2" E A DISTANCEOF
23J5 FEEI':
H i pii'i,-e;' e A DlsrANcF. oF 5 1.8 I FEET ro A PolNl oF clIRVArlrRE:
ii.rsi:h'eionc A cuRVEruRNINcro'rHE Rlctrr HAVING A CENTR^L ANGLnoF
i.l;liiit e neorvs or so.oo rtfr eno a cnoru wHICn BEARS N t0"23'28' l'; A DISTANCE OF
3)
.1)
6)
tt
8)
9)
2)
3)
4l
5)
6)
8)
9)
I7.OE FEET;
ror r,'i'c',ic:';i'E A l)Ls't'ANcE oF 3 le FEET'ro A PotNToF GURVATL'RE:
P:\l 100-l 199\1 t46.3\docs\Legal' Lot 3 Pedestrian Easment'doc
ll) 14.29 FEET ALONO A CURVE ]URN]NG T() TI lE LEn'HAVlNc A CEMTRAI' ANOLEOF
31.49'03". A RADlus oF 25.7i rie'i eND e crrono wnrcx Br'ARs N 73'15'16' t A DlsrANcEoF
I4.I I IJEET TO A POINT OF REVERSE CURVATURE:
l3l is.ii i,err Alonc e cunvi:runNiNc ro Tue Rrcr rr }t/\vlNc A C:EN'!'RAI. ANciLE oF
r6,1trt8.. A n-tolus or ss.oi iiii alro e flronD wHtcn BEARS N 65"34'.53'.E A DrsrAlrcE oF
I5.77 FEET:nl i.iir;irizr-e A DtsrANcE oF 21.06 FEE'r ro A K)lNr oF('uRV^'l'uRE:
i+i iz.x
-reFr emNo e cunvc ruR).trNc'to'rHH r.EFr HAvrl.ic A CENTML ANGLE Ol''-' ;0;3i lii i iierirus oFro.ss iiei er'rb e crronD wlucHEnARs N 1l'42'01' E A Dts-r^NcE oF
ii. ii reur lo e PotNT oN TllE NoRTll LINE olj sAlD l'0'I 3r
.I.HENCEALoNcSAIDNoRT}ILINEoFLo.I'3N69.12'4y.EADISTANCEoF4?.88FEEI':THENCE
6ipinirnc sero NoRl'H l.lNE oF Lor I Tl{E FoLLowlNc El'EVriN ( I l) cotrRSES:
S 05'36'56' E A DISTANCE OF I I.I] FEET:
THENCE I3.07 FEE'I'ALONG E NOII.iEI.iCTNT CT'RVE TURNING TO'NtE LEFT HAVINC A
i'dfrntiiNcui oF 3t'22'43', A iADrusor zr.gr FEET AND A cHoRD wHrcH BEARS N
il"06i5G ; otiraNcg ol' tz.bt rerr ro e PoINT oF REvERSE cuRvA'ruRE:
24'43FEETALoNG^cURvE'.ruRNlNcrorHnRrctlTHAvtNGACENTMLANCiLt'oF
29.46,1?.. A RADrus or lr.oo rr'ir eNb a cxono wlnol BEARS N 5s'1837" E A DISTANCE oF
24.15 FEET:
H io:iz'or e l olsrANcE oF 43. | 5 FEET To A PoINT oF cuRV-ATURE;
ll.ei rEtrAt or.tc It cutvn luiNirqc ro rrre RIcHT ttlvlNc A cENl'neL ANcl'E oF
14.5t,24.. A RADTUS OF 92.00 FJii eH-U e cnonD wlrrct{ BEARS N 77'37'1i" E A DIS'rANCE oF
23.79 FEETr-N i:;dvzr;;E e DtsrANcE oF 9.87 FEsr ro A PotNl'oFCURVATURE:
iiJS'r.!Er ,UONG A CURVE TURNING TO TTIE LEN' I{AVING A CENI'RAL ANCLE OF ,- - I
33"5Rr7" A RAI)rus oF 21.00 re"ii iNo I fnono wrncH BilRS N 68"04',16" F: A DISTANCE oF
12.27 FEET TO A POINT Ot'REVERSE CURVATUREIji.ci rEEr nioNc A cuRVE ]Up.,\iNc ro rne nrcur I rAvlNo A cENrn L ANGLE oF _ - l
j0.1t,,ro,. A MDIUS Or.60.00 F;;i'.rNil e cnon-p wr.ltcr-TBEARS N 66'20s8' E A Dlsl^NcE oF
3I.59 FEET;
3)
r)
z\
1)(\
6)
7')
t)
?\
3)
4)
<l
6)
7'
8)
ll -r.ibi;ji'a8;e A Dtsr NcE oF-40.1? rll11qli!'l119l SYlylltilfiib;"hffi tifirN;icun-vrirurinixarof 1E-LTEJIL'1J'IIr.'l5:lT51ki1c^tR,:lfi;"r"rdi';il;ils b-F d.;6 ifii aNb e oronp wHrcH BEARS N 36'20'00' E A DrsrANcE oF
24.87 FEET:
lr)N08.56'48,wAD|STANCEoFl.t4FEE'I.ToAPotNToNTHENoRTHLINEoFSAIDLOT3:
TTTENCE ALONG SATD NOR'I'H LINE OF LOT 3 N 68']0'09' E- A D-ISTANCE OF 2I '28 FEEI':'IuENCE
ilrjpan'irr.,rC SAID NORT11 L;NE OF LOr 3-rHE FOl.l.OWlNG FORfi'FIVE (45) COURSES:
THENCE S 22'3d18" E A DISTANCE OF I?.5I FTiET TO A POINT OF CURVATUREi
THENCE I5.6I FEET ALONA E CiiNVE TURNING TO TH[, LEFT HAVINC A CTJNTRAI' ANGLE..
ot 87.2r,29", A MDtUs oF lo.zl it-Ef eN61 c'iORD wHICH BE^Rs s 66'17'03' E A DISTANcE
oF r4.r5 FEn',l':
THENCE S 08'0158" E A DIS'I'ANCE OF 6'19 FEETi
iiEiiaE a ii'*rrz" w,r t>rsrANcE oF I2.23 FEEr ro A PolNToF cuRvA'ruREi
TI |ENCE 14.52 FEEI ALONG e lun vr. ruilrtN(i To TilE RrgilT lt^vlNc A CENTRAL ANGLE
6iJs%2r:", e MDIUS oF t5.74 FEET AND A clloRD wHlctl B&\RS s 77"31'55'w '{
DISTANCE OF 14.07 FF,ETI
nrri|,rlE-N lc'r+21" w A DlsrANcE oF 1.58 FEET To A rulNT oF CURVATURE:
THENCE r 5.56 FEET ALONC E irJNVr. iiNNINC TO THE LEFT HAVING A CENTR^ L AI-GLE
6-r zz.Ji,io,, ,r neDtus oF 32.00 FEET AND A CHORD wr trc-H B_EARS S 86"49'51- w A
oi s reNcn or 1 5.4 t FEEr ro A Pol Nr oF REvERt' qlflTlEiB)fi'di;ffi 6;i;iff oil;icu1yEryal1ry.c^lgTJtllgllr.LTY'I9'tS511lY:\g"J*
6??Jrlilir:ii"*'^T,irffi;il.;iELi,rNo,r CHonu wHrcH BEARS s 77"37'11" w A Dtsr^NcE
olj 13.25 FIiET:sl iiENi.-E S eZ.iO'Zr W a DTSTANCE ol.r 39.55 FEF.T TO A ?oNT oF GURVA'|URE:
i6i ii.iei-iir iisiienr nr.ond n'tunve runNrHc t o rHE t.EFr HAVTNG A CENTRAL
^NGLE'-'
o'r, lz.zi:y. a RADTUS OF;2.30 FEE'I.ANt) A cHoRD WHlcll BEARS S 66"07'19'w A
oisir+lice or z:.62 FEET To r\ PolN r oF RIvERSE GURVATURET
P:\l 100-l 199\l 146.3\docs\Legal - Lot 3 Pedestrian Easment'doc
I r ) .fl.tENCE 20.21 FEET ALON6 A CURVE TURNINC TO THF. RIGHT HAVINC A CEN'I'RI|!I- ANGLE' ' oils'tlt:c", r RADlt,s oF 3!.00 FEET AND A cFloRD wltlcH BEARS s 67'29'l l" w A
l2)
D)
I4)
t5)
r7)
r8)
re)
20)
24)
2s)
DIST.\NCE OF I9.92 FEET;
irieNces 85"01'25" w A DtsrANcE oF 9.8? FEEI'To A PolN'l'oF GURVATURE;
ineNig 20,74 FF.F.'r AIONG A CttRVE nlRNtNc TO l'Hl: LEFr HAvINC A CSNTRAL ANGLE
oi n's l':l', A RADlus oF s0.00 FEE F AND A cHoRl) wHl('H BEARS s ?7"i?'43' w A
DTSTANCE OF 20.69 FEET:
THENCE S 7O'I2'OI' W A DISI'ANCE OF 43.15 FEET TO A POINT OF CURVATURE:
iriENc.E tB.te FEET ALONC; A CURvE TURNINC TO TllE l-EFt llAvlNC A CENTML ANCI.E
oF 29"46',47". A MDIUS OF i5.00 FEET AND A CIIORD WHI(:!I BEARS S 55'18'37', w A
DIST^NCE OF I ?.99 FEET TO A POINT OF REVERSE CURVATUREI
rol riu-Hie jl.oz-ftetelONO.tcURvElURNlNclOll{ERI6HTHAyINGACEN11ALANCLE
oF 54'20't9'. A R Dlus oF 35.87 FEET AND A CHORD WHICH BaARS S 67"3523" W A
DISTANCE OF 32.76 FEET;
l HENCE N 85"I{'27" W A DTSTANCE OF 5'29 FEET TO A POINT OF CUR\IATURE;
tfiaNaa 15.06 FEET ALONC A CURvE TURNTNC TO THE LEFT HAvINO A CENTRAL ANCLE
oi at.ri'l:'. e n,lDlus oF 19.50 FEET AND A cHoRD wHlcH BEARS s 72'i7'47' w A
DISTANCE OF 14.69 FEET:
THENCE S 5O']O'OO' W A I)IS'I'ANCE OF I3.4? hAET TO A POINI: OF CTIRVATURE:
nieNie lr.zr fCel el-OHG A CURVE I'URNINC'ro'mE RICIIT tlAvlNc A CENTML ANCLE
OF T I'CT'IY" A RADIUS OF 32.02 FEET AND A CHORD WHICH BEARS S 65'23'54" W A
DISTANCE OF I7.55 FEET TO A POINT OF REVERSE CURVATURE;
Zrt iird'r.rCg iO.zi FEEI'ALONC A cURvETURNIN6 TO'nlE LEF1 HAyINC ^
CENTRAI- ANGI-E-''
clF m.zozt'. A R-ADlus oF s5.ls FFiET AND A cHoRD wHlcH BEAP.S s 72"0736" w A
DIS'I'^NCE OF 30.08 FEET TO A POI; T OF REVERSE CURVAIURT;
Zt if6Ni'g i:.1I FEET ALON6 A CURVE TURNIN6 'fO THE RI6H r HAVINC A CENI'paL ANGLE-' 6F:r'qo'2g". A MDtus oF 48.47 FEET AND A cHoRD wHIcH BEARS s 75'{7'i6' w A
Dtsr,rxce or z:. I I FEET To A PorM' oF REvERSF: cttRvATURE:
zlt iid.HCs ii.l8 FEET ALoNc A cURvE I URN1NG IO-rHE LEFr HAvlNc A cEN'rML ANCLE--' oilg"zs'as',.c RADlus oF 41.79 FEFr AND A cHoRI) \'HlcH BE RS s 80"2328" w A
DISTANCE OF I ].42 FEET;
inrNce s 7r'i7'08'w A DrsrANcE or 55.17 FEETTo A PoINT oF GIIRVATURE.iiENas ls:u reer AI.ONG A CURVE'TURNINC'rO l}tE LEFr llAvlNC A CENTML ANGLE
oiir.:s'n', A RADrus oF 31.92 FEET AND A clloRl) wHIcH llEARs s 5r19'l I' w A
DISTANCE OF I5,22 FEET"I'O
^
POIN'T OF REVERSE CURVATURI!;
:el rnripbe il.t? FEE1 ALONC A CURVE TURNING TO TlrF. RlGltT HAyING A CEM1AL ANGLL--' or is'lazg", A R Dlus oF 28.06 FEET AND A cHoRD wHlcH llEARs s 68"55'08' w A
DIS'T NCE OF 2].6I FEET TO A POINT OF REVERST: CTIRVATURE;
zzf .rHSNiE i r.87 FF.ET ALONC A CURyE TURNINC fO 'l HE LEF1 H.{VING A cEN'rML ANGLE- ' oi zo'tz't6". A RADlus oF 25.96 FEET AND A cHoRD wlllcll BEARS t s6o12'15' w A
DISTANCE OF I I.?7 FEF]'I:
zrt ii.ipNCr:s os'56'45' w A Dls tANcE oF 19.93 FEEr ro A PoINT oF CURVATURE:
t; rHaNaE r
j.os reEr euox6 A cURvE TURNING TO Tll[ l.Eprl' HAyINO A CENTRAL ANGLE--' oFll"tiuo', A RADlus oF 49.00 FEET AND A ctloRD wHlcH BEARS s 6l'072'1" w A
r:isrnxce or l5.ol FEETi
30) iHENCE S 52'18'O{' W A DlslANcE oF 951 FELT'rO A POTNT oF CURVATURE:
li; iriENaa t8.70 FEET AL9NC A cURvE1URNlNc r0 THE RIcHr t{Avtl'ic A 6ENTRAL
^N6LE-'' diil'zi'lo', A MDrus oF 32.00 IjEET AND A cHoRD vHlcl I IIEARS s 69"02'27" w A
DISTANCE OF I8.45 FEET:
J2) iHlNcE s s7"08'l l' w A DlsrANcE oF 4Jl FEET To A PolNr oF cuRvATtlRF':jjj .ixrxiE ls.cr ren- ruoNc A cuRvE ruRNtNC rO rHE I-EFT HAvrNc A CENI'RAL ANCLE--' oi lo'r j'os', A RADlus oF 29.72 FEET AND A ctloRD wHlc:H BEARS s 610017' w A
DTSTANCE OF I8.49 FEET;
1.lr THFN(.F S 5OO.(4']8' W A L}ISTANCE OF 7.09 FEE'I'TO A }OIN'I'OF CURVA'I"URE:
i;i ;lriiiipliJOiirrNI-ONCTCURVETUfu\INC;1'OTHERIGHI'HAVINGACENI'RALANCLE--' oili'oino". A L{Dlus oF 5.1.15 FEET ANI) A cHoRt) wHlcH l}EARs s 56045'l I' w A
DIS'I"ANCE OF I I.34 FEET:
:o iier.ri'gs oz'to5?" w Dlsr.ANcE oF 1.45 FEET To A PoINT oF cURvATUREi
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EXHIBIT A-2
Depiction of Vail Associates Easement Parcel
(See the attached)
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AGREEMENT REGARDING DENSITY ALLOCATION
THIS AGREEMENT REGARDING DENSITY ALLOCATION (this "Agreement") is
made as of the 3 oI day of T ,a- n e , 2006, by and between GORE
CREEK PLACE, LLC,a Colorado limited liability company C'GCP"), whose legal address is
c/o Vail Resorts Development Company, P.O. Box 959, 137 Benchmark Road, Avon,
Colorado 81620, Attention: Jack Hunn, Senior Vice President, and THE VAIL
CORPORATION, D/BIA VAIL ASSOCIATES, [NC., a Colorado corporation ("vail
Associates"), whose legal address is cio Vail Resorts Development Company, P.O. Box 959,
137 Benchmark Road, Avon, Colorado 81620, Attention: Jack Hunn, Senior Vice President.
RECITALS:
A. GCP is the owner of Lot 3, West Day Subdivision, according to the plat recorded
March 10, 2005, at Reception No. 908760, County of Eagle, State of Colorado (the "Gore Creek
Lot"). Vail Associates is the owner of certain real property contiguous to the Gore Creek Lot
and legally described asLot2, West Day Subdivision, according to the plat recorded March 10,
2005, at Receptioh No. 908760, County of Eagle, State of Colorado (the "West Day Lot"). The
aforesaid subdivision plat of West Day Subdivision is sometimes referred to hereinafter as the
"Plat."
B. The Plat contains a General Note No. 12 (the "Plat Note") which specifies that
"[f]or purposes of zoning, Lots 1, 2 and 3 created by the subdivision are to be treated as one
development site. Development standards shall be based upon the improvements and land area
of the combined area of Lots 1, 2 nd 3." The Plat Note has the effect of allocating permitted
development densities under applicable zoning in the aggregate to said Lot I established by the
Plat ("Lot 1"), Lot 2 (i.e., the West Day Lot), and Lot 3 (i.e., the Gore Creek Lot), instead of
there being a specific discrete allocation ofzoned development densities for each ofthose Lots.
The aggregate properties included within the Plat are sometimes referred to herein collectively as
the "Subdivision Properties."
C. The parties have mutually determined, in accordance with and subject to the terms
of this Agreement, to modify the effect of the Plat Note by a private covenant establishing
limitations on the zoned development densities that may be used and enjoyed for the Gore Creek
Lo1 which limitations are intended to and shall inure to the benefit of the ownership of the West
Day Lot and safeguard the zoned development densities that may be used in connection
therewith.
NOW, THEREFORE, in consideration of the above premises, and lor good and valuable
consideration, the receipt and sutficiency of which are hereby acknowledged, GCP and Vail
Associates agree as follows:
Allcr rccordinq olcase retum to:
Gerry Arnold
P.O. Box 959 - VC 87
Avoll CO 81620
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l. Densit-v Limitations Encumberine the Gore Creek Lot.
(a) GCP, for itself and its successors in interest in and to the ownership of the
Gore Creek Lot and the "Units" defined below (collectively the "Gore Creek Owners"),
does hereby irrevocably and forever covenant and agree that any development of
improvements on the Gore Creek Lot may not use any permitted zoned development
densities in excess of (i) those zoned development densities, detemrined by reference to
GRFA and site coverage, initially employed by GCP for its residential development of
the Gore Creek Lot, which shall contain not more than sixteen (16) residential dwelling
units (the "Units"), as those Units and related interests in common elements are conveyed
of record by GCP to its immediate purchasers (the "lnitial Density"), and (ii) incremental
density in an aggregate amount not to exceed 8,000 square feet of GRFA and 800 square
feet of site coverage ("Incremental Density"). These limitations on the use and
enjoyment of development densities for the Gore Creek Lot are sometimes refened to
hereinafter as the "Density Limitations," and the Initial Density and the Incremental
Density are sometimes referred to hereinafter collectively as the "Gore Creek Densities."
The development of the Gore Creek Lot undertaken from time to time pursuant to the
Gore Creek Densities is sometimes referred to hereinafter as the "Gore Creek
Development," As used in this Agreemen! the terms "Site coverage" and "GRIA,"
which is an acronym for "gross residential floor area"" shall have the meanings given
those terms under the presently prevailing provisions of the Vail Town Code, and
specifrcally Sections 12'2-2 and I 2- I 5- I et seq. therein.
(b) Certain plans and specifications which have been and will be adopted and
approved by the Town of Vail (the "Town") for tle Gore Creek Development and which
have been and witl be used to develop the Initial Density (the "Initial Development') are
identified on Exhibit A attached hereto and incorporated herein by this reference (the
.'Plans"), but this reference to the Plans is to serve as an informational tool only, and will
not limit the Density Limitations or the rights of GCP's suacessors to use and enjoy the
Initial Density as employed for the Initial Development actually constructed by GCP. As
and when the Initial Development is fully completed, GCP, together with and if required
to do so by Vail Associates at its election, will record a supplement to this Agreement
setting forlh the actual measured GRFA and/or site coverage used by the Initial
Development (and this obligation of GCP shall remain with and be satisfied directly by
GCP, notwithstanding any intervening conveyances by GCP of any Units or other
interests in the Initial Development to any of GCP's purchasers). That supplement shall
relate back to and have the same priority as this Agreement as recorded'
2. Allocation of Remaining Available Densitv. GCP and Vail Associates hereby
irrevocably and forever covenant and agree that all permitted development densities presently or
hereafter applicable to the Subdivision Properties, net of (i) the Gore Creek Densities and
(ii) those divelopment densities allocated to Lot I under the "Lot I Agreement," as hereinafter
defined (the 'Net Densities"), shall be allocated to and may be used and enjoyed exclusively in
conjunction with the West DaY Lot.
6t57t9.2 tCFtSH
3. Specific Applications. In conjunction with and as part of the Density Limitations,
and in relation to the allocation of the Net Densities to the West Day Lot, GCP and Vail
Associates specifically agree as follows:
(a) Neither the Density Limitations, nor any other provision of this
Agreement, shall prohibit the Gore Creek Owners from reconstructing the Gore Creek
Development in accordance with the Initial Density in the event of any fire or other
casualty affecting the Gore Creek Development (provided that any such reconstrucfion
may be subject to limitations imposed by the Town independently of this Agreement).
For purposes of the foregoing, and other purposes under this Agreement, any Incremental
Density actually used for new improvements from time to time shall become an addition
to and part of the Initial Density and no longer considered part of the Incremental Density
(and the lncremental Density shall be reduced accordingly).
O) The Incremental Density shall constitute an allocation generally to the
Gore Creek Development, and is not applicable in discrete segments to individual Units.
Any allocation and use of the Incremental Density for any particular Unit shall be
determined from time to time by the Gore Creek Owners acting collectively; so long as
the Gore Creek Development is subject to the authority of an owners' association (the
"Gore Creek Association"), the Gore Creek Association, acting through its board of
directors (however denominated), will be charged with the rights and responsibilities for
allocating portions of the Incremental Density and establishing any telms, conditions or
requirements applicable thereto.
(c) In the event the Subdivision Properties are ever subjected to a "down-
zoning," i.e., a reduction in the aggrcgate permitted densities, then such reduction shall be
applied first to the Incremental Density that remains unused at the time of the Town's
adoption of the down-zoning before any application of such reduction to tle Net
Densities in favor of Vail Associates.
(d) The Incremental Density may be employed to expand one or more of the
Units, but not to create or establish additional residential dwelling units, the number of
which on the Gore Creek Lot may not exceed 16 at any time unless given Vail
Associates' prior written consent at its sole election; to this end, and without limitation,
no Unit may be further subdivided without Vail Associates' prior written consent. The
Gore Creek Development may never contain any residential, accommodation,
commercial condominium or other units of any form in excess of the 16 residential Units,
unless such excess is given Vail Associates' prior written consent at its sole election. The
foregoing limitations shall be contolling over any terms to the contrary in any
condominium declaration or other documents goveming the ownership, management,
operation, use and enjoyment of the Units, the Gore Creek Lot and the Gore Creek
Development.
4. Runnine with the Land: Successors in Interest
(a) The Density Limitations shall constitute a real covenant and/or equitable
servitude burdening and encumbering the ownership of the Gore Creek Lot, and along
615789 2 RCFISH
with the other provisions of this Agreement, shall touch and concem and run with the
land as a bwden to the ownership of the Gore Creek Lot, and shall be binding upon the
Gore Creek Owners and any Gore Creek Association existing from time to time;
conversely, the benefits of the Density Limitations, and tfie allocation to the West Day
Lot of the Net Densities, shall run with the ownership of the West Day Lot as an
appurtenance thereto and shall inure to the benefit of Vail Associates and its successors in
interest in the ownership of the West Day Lot. However, so long as Vail Associates
continues to hold any ownership interest in any portion of the West Day Lot, the benefits
of the Density Limitations, unless otherwise elected by Vail Associates, may be enforced
only by Vail Associates, and will not be enforceable by any other party succeeding to
other ownership interests of Vail Associates in the West Day Lot. (For purposes of the
foregoing, "Vail Associates" will include any affiliate of Vail Associates that succeeds to
any of Vail Associates' ownership interests in the West Day Lot, or any of their
respective mortgage lenders that may succeed to such ownership.) Vail Associates shall
not have any obligation to enforce the Density Limitations for the benefit of its
successors in interest to the ownership of the West Day Lot, the West Day Association
(defined below), or any other PartY.
(b) At such time as any planned community under Colorado law is established
for the West Day Lot, the benefits of the Density Limitations shall be deemed to
constitute a coulmon element inuring to all the owners within that planned community,
which common element may be enforced, managed and administered by the owners'
association formed pursuant to such planned community (the "West Day Association"),
acting through the West Day Association's board of directors, however denominated (but
subject, as applicable, to Vail Associates' exclusive enforcement rights under
paragraph 4(a) above).
(c) The parties mutually acknowledge that development of Lot I is already
subject to that certain "Agreement Regarding Density Allocation" dated as of June 24,
2005, made between Vail Associates and Diamondrock Vail Owner, LLC, recorded in
the real property records for Eagle County, Colorado (the "Records'), on June 24,2005,
at Reception No. 920515 (the "Lot I Agreement"), and establishing, for the benefit of the
Gore Cieek Lot and the West Day Lot, certain development density limitations applicable
to the use, enjoyment and development of Lot I (the "Lot I Density Restrictions"). GCP
covenants and agrees that any and all rights under or associated with the Lot I Agreement
to waive, terminate or modiry the Lot I Density Restrictions, in whole or in part (and
specifically including, without limitation, the granting of permission as contemplated in
the Lot I Agreement to convert hotel accommodation units to dwelling units) shall be
reserved to and vested solely in Vail Associates, and GCP specifically agrees, for itself
and the Gore Creek Owners and any Gore Creek Associatioq that they have and shall
have no authority to and shall not make or grant any such waiver, termiaation or
modification (and any purported waiver, termination, or modification by GCP or the Gore
Creek Owners or any Gore Creek Association shall at the election of Vail Associates be
null and void and of no further force or effect). The rights reserveC to Vail Associates
under this paragraph 4 shall constitute a supplement to and part of the benefits of the
Density Limitations.
5tJ?tt.2 RCnSH
5. No Mereen Affiliates.
(a) Notwithstanding that GCP and Vail Associates are afftliates of one
another, and notwithstanding any other commonality of ownership interests subsequently
arising, whether direct or indirect, between the Gore Creek Lot and the West Day Lot,
such commonality of interests shall not give rise to any merger with those ownership
interests of the Density Limitations or the other provisions of this Agteement, or any
extinguishment of the Density Limitations or such other provisions, it being the mutual
controlling and dominant intent of GCP and Vail Associates that no such merger or
extinguishment shall occur, and that the Density Limitations and the other provisions_of
this Agreement shall remain in full force and effect regardless of any such commonality
of interests, and without any limitation or impairment arising by virtue of such
commonality of interests.
O) For purposes of this Agreement, an "affiliate" of Vail Associates shall
mean *y
"orporution,
timitea fability company or other entity which by virhre of
majority-ownership interests, whether held directly or indirectly, is contolled by,
controls, or is under common control with Vail Associates.
6. Remedies. GCP specifically acknowledges and agrees that any breach or
violation by GCP of the Density Limitations or the other provisions of this Agreement may cause
Vail Associates irreparable harm that cannot be adequately addressed by the recovery of
damages or other remedies at law, and accordingly Vail Associates shall be specifically entitled
to injinctive relief, both of a prohibitive or mandatory nature, or other equitable remedies to
pt""lnd" or prevent any such bieach or violation or to cure or remedy such breach or violation
after the same has occurred (including, without limitation, relief compelling the removal of any
improvements and the vacation or reversal of any govemmental development approvals causing
such breach or violation). This right of equitable relief in favor of Vail Associates shall be
cumulative with and in addition to, and not exclusive of, any other rights and remedies available
to the parties at law or equity for any breach or default of the provisions hereof, including,
withoui limitation, recovery of damages, and any and all such remedies may be pursued by the
non-defaulting party, either successively or concurrently, as the non-defaulting party may
determine; tfri ex".iise of any one remedy shall not constitute an election to the bar of any other
remedies.
7. No Third-Partv Beneficiaries. This Agreement is intended to constitute only an
undertaking U"t*""n CCF and Vail Associates, and their respective successors in and to the
Gore Creek Lot and West Day Lot as set forth herein, and no other party shall constitute or be
construed as a third-parfy beneficiary of any of the provisions hereof. Without limitation on the
generality of the foiegoing, the Density Limitations are intended to and shall be only in the
nature oi a private pioperry interest, and shall not constitute any form of public land use
limitation oi regutaiion oi be enforceable by the Town or any other public authority.
Conversely, the blndingness and enforceability of the Density Limitations will not be limited or
impaired,
-and
the Density Limitations may be fully applied and enforced pursuant to this
Agreement, in the event that the Density Limitations are ever more restrictive upon the
dwelopment and use of the Gore Creek Lot than the applicable public land use limitations, or
that any govemmental authority forgoes enforcement of any such public limitations.
6tJ7t9.2 RCFISH
8. Attornevs' Fees. In the event any litigation or legal proceeding arises out ofthis
Agreement and is prosecuted to final judgment, the prevailing pa$y shall be entitled to recov€r
from the other party all of the prevailing party's costs and expenses incurred in connection
therewith, including reasonable attomeys' fees, and the presiding court or forum shall be bound
to make this award.
9. Choice of Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
10. Captions for Convenience. All headings and captions used in this Agreement are
for convenience and reference only and shall in no way define, limit, or prescribe the scope or
intent of any provisions of this Agreement or have any effect in the interpretation thereof.
I L Entire Aereement. This Agreement, together with the exhibits attached hereto,
constitutes the entire understanding and agreement of the parties hereto with respect to the
subject matter hereof, and any prior or extrinsic understanding or agreement pertaining to such
subject matter, whether written or oral, is specifically superseded hereby and shall have no force
or effect.
12. Amendment and Waivers. This Agreement may not be amended or modified
except pursuant to a written instrument mutually executed by the parties and recorded in the
Records. No right or obligation under this Agreement, or any breach thereoi may be waived
except pursuant to a written instrtrment sigrred by the party against whom enforcement of such
waiver is sought, and then only to the extent specifically set forth therein.
13. Severabilitv. If any provision of this Agreement as applied to particular
circumstances shall be illegal and unenforceable, such illegalrty and unenforceability shall not
affect the enforceability of any other provisions of this Agreement, or the affected provision as
applied to circumstances for which it is enforceable, it being intended that all provisions of this
Agreement be valid and enforceable to the fullest extent legally permissible. Any provision
suffering from such illegality or unenforceability shall be deemed replaced with a substitute
provision which as closely as legally possible reflects the substantive content and intended effect
ofthe illegal or unenforceable provision.
14. Recordation. This Agreement shall be recorded in the Records.
15. Countemarts. This Agreement may be executed in counterparts, each of which
shall constitute an original, and which together shall constitute one and the same agreement.
[Remainder of page intentionally left blank]
615789 2 RCF$H
IN WITNESS WHEREOF, GCP and Vail Associates have made this Agreement
Regarding Density Allocation as of the day, month and year first above written.
GORE CREEK PLACE, LLC,a Colorado limited
liability company
By: Vail Resorts Development Company, a
Colorado corporation, Managing Member
ApproYed $ lo l'orn;
Lsgrl D€prrl|t|tnl
Nrmc:
Slgnrlurc:
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STATE OF COLORADO )
) ss:
)
r'tbefore mq t}ils ?0"' day ofThe foregoing instrument was. acknowledged before mg this 5.O - day of
', z , zri'oo,-uv Jo.-K H, u . u 5r. U:c, /Jret;J o*T of vailaq n z , ZO'OO,
-UV a n uK Hu +. as 5r' U:c, /Jrrr; J o*
Resorts Divilopment Company, a Colorado corporation, Managing Member of Gore Creek
Place, LLC, a Colorado limited liability company.
Witness my hand and offrcial seal. '
Mycommissionexpires:'a f o < / lo o (
[Vail Associates' signature block appears on next page]
COUNTY oP Qo q lz
4lll{"''-E\, ;. ttOr44rr...a
*eifilo''
58t?89.2 RCnSH
Appmvld .t to Forri!
LeErl D3prrfttrsnl
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Slgrrtmc:
DIIC:
THE VAIL CORPORATION, DiBlA VAIL
ASSOCIATES, INC., a Colorado corporation
STATE OF COLORADO
coLrNrY or €a q l<
J
)
) ss:
)
foregoing instrument was acknowledged $fore me ttris 3 a ' ' day of
, 2006, by aohn (fara.c €rs
of The Vail Corporation, d/b/a Vail Associdtes, lnc., a Colorado
Witness my hand and oflicial seal'
/t
My.commissionexpires: t0/ t l/ t o o (
//
The
corporauon.
EXHIBIT A
Plans
Design development drawings entitled "Lionshead Gore Creek Residences" on the cover sheet
and index of drawings therefor, approved by the Town's Planning and Environmental
Commission on June 28,2004, and by the Town's Desigrr Review Board on July 7, 2004, and
finalized prusuant to those approvals and dated as of July 8,2004, and building permit plan sets
of construction drawings and specifications approved by the Town pursuant thereto from time to
time which are employed for initial construction of the Gore Creek Development and the
issuance of initial certificates of occupancy therefor.
A-l68t7r9.2 RCFISH
EAGLE COUNIY, CO
TEAK J SINONTON133 Pgs: ?6 O?t 44 t 43Pn
REC: 5381 .00 DOCr 5
240617775'
07/05/2096
I lililt il|il llil llil llll llill lllll lllil lllll llil lllil lllll lill llli
Gore Creek Place, LLC
c/o Vail Resorts Development Company
137 Benchmark Rd., P.O. Box 959
Avon, CO 81620
Attention: Kathryn M. Campbell
t .,f
, \--1,i'l'Ii
-",.| 'r: ! "
COIYDOMINIUM DECLARATION
FOR
GORE CREEKPLACE
Tun c 30,2006
61444817 AKHAIIS 0ml06 t I:59 AM
REDLINE
Mty 16,2006
RwmcrsAuCntuces
MADE ro DMrr lNctuoto
t't PuncannnNormoors
After recordinq. please return to:
Otten, Johnson, Robinson,
Neff & Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attn: Amy K. Hansen, Esq.
._____________ ru06
5r4448.RED AKHANS 06/t2l06 I 37 PM
Article 1
1.1
1.2
Article 2
2.1
))
,t1
2.4
TABLE OF CONTENTS
2.5
2.6'
2.7
2.8
2.9
6l{448.RED AKHANS 06/12106 lrlTPM
-l-
2.10
Article 3
3.1
a.l
.tl
3.4
3.5
3.6
3.7
3.8
3.9
3.l0
3.1I
3.12
3J:l
3J4
#4
3J5
Article 4
4.1
4.2
4.3
TABLE OF CONTENTS
(e) Easements ........ 1l
(0 Appoint Board and Officers........ ................. 11
(g) Amend Declaration... ............. l1
Number of Units .......... I I
EASEMENTS.................., ................. 11
Easements Benefiting Owners ........... 1l
Easements Benefiting Association... ........................12
Easements Benefiting Declarant...... ........................ 12
Connecting Tunnel Easements.... .......l2
Easements for Encroachments ............... ..................12
Easements to Repair, Maintain, Restore and Reconstruct................................... 13
Easements for Utilities and Mechanical Equipment ...................... 13
Right of Entry ....,......... 13
Emergency Access Easement ............ 14
Pedestrian Access Easement...... ........ 14
Bike Path Easement ...............,........... 14
ChairUft-lEasencni .............,..........14
Additional Easements ........................ 14
(a) Declarant's Right to Grant Easements................. .............. 14
(b) Association's Right to Grant Easements.................... ........ 14
#
Easements Run with Property........ .......................... 14
Other Recorded Easements and Licenses Affecting the Property .................. +4 15
COVENANTS, CONDITIONS AND RESTruCTIONS.............,...................... I5
Administration ................... ................ 15
Compliance .................. 15
Units............. ................ 15
(a) Permitted Uses............. .......... 15
(b) Prohibited Uses............. ......... 15
Association's Units............ ................ 154.4
614448.RED AKHANS 06r'12!06 l:17 PM
-ll-
4.5
TABLE OF CONTENTS
4.6
4.7
4.8
4.9
4.10
Article 5
5.1
5.2
s.3
Article 6
6.1
6.2
6.3
Article 7
614448.RED AKHANS o6lt2l'06 l:37 PM
- lll
7.1
7.2
7.4
7.5
TABLE OF CONTENTS
7.6
7.7
Article 8
Article 9
9.1
9.2
9.3
9.4
9.5
614448 RED AKHANS 06/I?/06 I ]7 PM
-lv-
9.6
9.7
9.8
Article l0
10.1
10.2
10.3
10.4
10.5
10.6
r0.7
Article I I
1l.l
TABLE OF CONTENTS
tl.2
I 1.3
I1.4
I1.5
61444E RED AKHANS 06/12106 1.37 PM
Article 12
t2.l
t2.2
12.3
12.4
Article 13
l3.l
13.2
Article 14
l4.l
14.2
14.3
Article 15
15.1
15.2
Article l6
16.1
TABLE OF CONTENTS
16.2
r6.3
16.4
614448.R8D AKHANS 06/12106 l:3? PM
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TABLE OFCONTENTS
16.5 Geologically Sensitive Area............. .......................51
16.6 Security ........................51
16.7 Inspection by Others; Waiver of Post Inspection Liability..................................51
16.8 Drainage and Soils Condition..... .......52
(a) Acknowledgment................ .....,................... 52
(b) Waiver of Liability of Declarant. .................52
Article 17 CONVEYANCINGANDENCUMBRANCING........... .........5311
r7.r Units............. ...........s24
17.2 Common Elements....... .................#11
l7.3 Transferee Liability........ ....................;
(a) General......... .......................... 53
(b) First Mortgage Foreclosure ..........................53
(c) Reallocation ...........................53
17.4 Estoppel Certificates... .................. 53 54
Article l8 GENERAL PROVISIONS................... ...................;
1 8.1 The Act; Severability .. ....................... 54
18.2 Interpretation of Dec1aration................... ................. 54
18.3 Notices ....................54 55
18.4 Partition........ ...........548
18.5 Assignment of Special Declarant RiChts .......... ....... 55
18.6 Taxation of Units .........i............ .........55
EXHIBIT A THE PROPERTY ........;A-l
EXHIBIT B ADDITIONAL LAND.... EJ
EXHIBIT C COMMON ALLOCATIONS.................. .................G.1
EXHIBIT D OTHER RECORDED EASEMENTS AND LICENSES AFFECTING THE
PROPERTY. ..............D1
EXHIBIT E ARBITRATION RULES E{
6l4.l4t.RED A(HANS 06r'12./06 l:17 PM
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CONDOMINIUM DECLARATION FOR
GORE CREEK PLACE
THIS CONDOMINIUM DECLARATION FOR GORE CREEK PLACE (this
"Declaration") is made as of ; 200 ; by THE VAIt
ien' tvtav .20Oe Uv GORE CREE
a Colorado limited
RECITALS
This Declaration is made with respect to the following facts:
A. "Declarant" is the owner of the "Property" (as those terms are defined in
Section l.l).
B. In accordance with the provisions of the Act (as defined in Section l.l), Declarant
desires to establish the Property as a condominium project consisting of condominium units
designated for separate ownership and common elements designated for ownership in common
by the owners of those condominium units.
DECLARATION
NOW, THEREFORE, Declarant declares as follows:
Article I
DEFINITIONS AND EXHIBITS
1.1 Definitions. The following initially-capitalized, defined terms have the respective
meanings set forth below:
"Act" means the Colorado Common Interest Ownership Act, C.R.S. $ 38-33.3-101,
et seq., as amended from time to time.
"Additional Land" means the real property legally described in the attached Exhibit B.
which Declarant may add to the Property pursuant to the exercise of Development Rights under
Section 2.9(a).
"Alteration" is defined in Section 10.5.
"Assessmentst' is defined in Section 9.4
"Associationtt means Gore Creek Place Homeowners Association, Inc., a nonprofit
Colorado corporation, formed or to be formed pursuant to Section 6.1.
614448 RED AKHANS 0dl2/06 l:l? PM
"Bike Path" means the bicycle and pedestrian path depicted on the Map and labeled
"Bike Path."
"Bike Path Easement'is defined in Section 3.11.
"Board" means the Board of Directors of the Association.
"BoundarT Relocation" means: (i) the combination of two or more adjoining Units into
a single Unit; or (ii) the alteration of the boundary or boundaries separating two or more
adjoining Units.
"Building" means each of the residential buildings located on the Property, as depicted
on the Map.
"Bylaws" means the Articles of Incorporation and the Bylaws of the Association.
"Casualty" is defined in Section 12.1.
"Central Mechanical Equipment" means all water lines and related equipment in the
Condominium Project, wherever located, and any submeters installed by the Association as
needed to allocate water usage by each Unit pursuant to Section 9.1(b),lhclire-sprinkter
svstem anA nre alar
Condominium-Prqiect.
"Claims" is defined in Section 7.3.
"Commercial Activities" is defined in Section 16.1(c).
"Common Allocation" means, with respect to each Unit, the percentage allocated to the
Unit as set forth on Exhibit C. The Common Allocation for each Unit has been determined by
dividing the Measured Area of the Unit by the total Measured Area of all the Units. As
additional Units are created pursuant to Declarant's exercise of Development Rights in
accordance with Section 2.9(a), the Common Allocation for each Unit shall, upon creation of
such additional Units, be recalculated by dividing the Measured Area of the Unit by total
Measured Area of all the Units, including the newly added Units.
"Common Alteration'is defined in Section 10.6(b).
"Common Element Taking'is defined in Section 13.2.
"Common Elementst' means all portions of and areas within the Condominium Project
that are not part of the Units. Limited Common Elements and General Common Elements are
both part of the Common Elements. A portion of the Common Elements may be referred to as a
"Common Element."
6I444E RED AKHANS 06/IZ06 I.37 PM
"Common Expenses" means, except for those costs and expenses expressly excluded
below, all costs, expenses and financial liabilities incuned by the Association pursuant to this
Declaration or the Bylaws including, without limitation: all costs incurred by the Association
pursuant to the Tunnel Easement, all costs of operating, managing, administering, securing,
protecting, insuring, ventilating, lighting, decorating, cleaning, maintaining, repairing, renewing,
replacing or restoring (to the extent not covered by insurance or condemnation proceeds), the
Common Elements, including the Central Mechanical Equipment; all costs of providing water,
sewer, waste disposal, telecommunications, electricity, natural gas and other services, energy and
utilities to, the Common Elements and the Association's personal property and equipment
located in, or used in connection with the operation or maintenance of, the Common Elements;
all costs of providing water service to the Units to the extent not charged directly to the Unit
Owners pursuant to Seetio*-9{b) SeclimgJIb}; taxes on any property owned by the
Association; and funding of working capital and reasonable reseryes for Common Expenses.
Except to the extent provided in Sections 9.2 and 17.3(c), Common Expenses will not include
Limited Benefit Expenses, Reimbursable Expenses, the costs of any Restoration Deficit,
Voluntary Capital Expenses or any other cost or expense which, pursuant to this Declaration,
may be separately assessed (i.e., in addition to General Assessments for Common Expenses)
against any Condominium(s).
*Condominium" means a Unit, together with the undivided interest in the Common
Elements and all Easements, rights, licenses and appurtenances allocated or made appurtenant to
the Unit pursuant to this Declaration.
*Condominium Project" means the condominium, as defined in See+ien38€3J-4€3{$
Scclisnl030 of the Act, created by this Declaration and consisting of the Property and all
improvements located thereon.
"Connecting Tunnel" is defined in Section 2.6.
"Construction Activities" is defined in Section 16.1(b).
"Deck' is defined in Section 2.7(a).
ttDeclarant" means The-Vail-€eryerafieq Gore Creet< Ptace. L a Colorado
eeryerati€n limitea liaUitity c , or any Person designated as a successor to Declarant's
rights and obligations under this Declaration in a written instrument signed by Declarant
recorded in the Records. Notwithstanding the foregoing, Special Declarant Rights may be
transferred only in accordance with Section 304 of the Act.
"Declarant Control Period" means the period beginning on the date the Association is
formed and ending on the first to occur of (i) 60 days after 7 5Yo of the total number of Units that
may be created pursuant to Section2.l0 have been conveyed to Owners other than Declarant;
(ii) two years after the last conveyance of a Unit by Declarant in the ordinary course of business;
(iii) two years after any right to create new units pursuant to this Declaration was last exercised;
or (iv) the date on which Declarant, in its sole discretion, voluntarily terminates the Declarant
61444E RED AI(HANS 06/12/06 I:17 PM
Control Period pursuant to a Recorded statement of termination executed by Declarant. If
Declarant terminates the Declarant Control Period pursuant to the preceding clause (iv),
Declarant may require that, for the balance of what would have been the Declarant Control
Period had Declarant not terminated it, certain actions of the Association br the Board, as
described in the Recorded statement of termination, be approved by Declarant before they
become effective.
"Declarant Development Period" means the period beginning on the date this
Declaration is Recorded and ending on the tenth anniversary of the date on which this
Declaration was Recorded.
"Delinquency Costs" is defined in Section 9.4.
"Development Rights" is defrned in Section 2.9(a).
"Easements" means all easements that bwden or benefit the Condominium Project or a
portion of it, including (i) easements established or granted under this Declaration; (ii) easements
which first burdened or benefited the Property before the Recording of this Declaration; and
(iii) easements which first burden or benefit the Property after this Declaration is recorded.
"Emergency Access Area" means the emergency access area depicted on the Map and
labeled "Emergency Access Area."
t'Emergency Access Easement" is defined in Section 3.9.
"First Mortgage" means a Mortgage that is Recorded and has priority of record over all
other Recorded liens except those lines made superior by statute (e.9., general ad valorem tax
liens and special assessments and mechanics! liens).
"First Mortgagee" means the holder, from time to time, of a First Mortgage on any Unit
or Units as shown by the Records. If there is more than one holder of a First Mortgage, the
holders will be treated as, and act as, one First Mortgagee for all purposes under this Declaration
and the Bylaws.
"Fiscal Year" means the fiscal accounting and reporting period of the Association
selected by the Board from time to time.
"Garage' means a portion of the Tunnel which is panitioned off and connected to the
lowest level of a Unit. Each Garage is a Limited Common Element allocated to the Unit to
which it is connected.
"CCP guilding Code
fUoaincation for Cor
nuildinq Departmen
wtricn moaineO tne l
614z148 RED AXIIANS 06/l?106 I l7 PM
"General Assessments" is defined in Section 9.1.
"General Benefit Expense" is def,rned in Section 9.2(a).
,,General Common Elements" means all Common Elements that are not Limited
Common Elements. For example, the Tunnel, the Tunnel Easement, all landscaping at the
Condominium Project and the improvements in the Emergency Access Area are General
Common Elements. A portion of the General Common Elements may be referred to as a
"General Common Element" (and labeled on the Map as "GCE").
"Hot Tub" is defined in Seetien-?3(e) Secliqn2J0.
"Indemnity Claims" is defined in Section 4.8.
"Limited Benefit Expenses'is defined in Section 9.2(b).
,.Limited Common Elements" means the portions of the Common Elements allocated to
the exclusive use of one or more, but fewer than all, of the Units. For example, all portions of
the exterior of each Building is a limited Common Element allocated to the Units located in such
Building, and any Deck connecting to a Unit is a Limited Common Element allocated to such
Unit. A portion of the Limited Common Elements may be referred to as a "Limited Common
Element." Some of the Limited Common Elements are designated in this Declaration and on the
Map and identified by the initials "LCE" followed by the number of the Unit to which the
Limited Common Elements are allocated. For example, a Limited Common Element allocated
only to the use of Unit 7 may be identified as "LCE-7."
*Map" means the Condominium Map and Plat for Gore Creek Place, which was
Recorded on the same date as this Declaration and is made a part of this Declaration, as such
Condominium Map and Plat may be amended in accordance with this Declaration.
.'Measured Area" means for each Unit the area in square feet of all floor space included
in the Unit measured from the vertical boundaries of the Unit (as described in Section 2.4).
"Moldn'is defined in Article 8.
*Mortgage" means an unpaid or outstanding mortgage, deed of trust, deed to secure debt
or any other form of security interest encumbering a Unit.
"Mountain Activitiesn'is defined in Section 16.1(a).
"Mountain Recreational Areas" is defined in Section l6'l(a).
"Ownern' means a Person or Persons, including Declarant, owning fee simple title to a
Unit from time to time. The term Owner includes a contract vendee under an installment land
contract, but does not include the vendor under such a contract or a Security Holder (unless and
until a Security Holder becomes an owner in fee simple of a Unit).
6I444B.RED AKHANS 06/I'06 I ]7 PM
"Patio" is defined in Section 2.7(b).
t'Pedestrian Access Easement" is defined in Section 3.10.
"Permitted Unit Alteration" is defined in Section 10.I .
"Permittee" means a Person, other than an Owner, rightfully present on or in rightful
possession of a Unit or Common Element, or a portion of a Unit or Common Element; including,
without limitation, (i) a tenant of an Owner or the Association or (ii) an agent, employee,
customer, contractor, licensee, guest or invitee of an Owner, the Association, or a tenant of either
of them.
"Person" means a natural person, corporation, partnership, limited liability company,
trust or other entity, or any combination of them.
"Property" means the real property described on Exhibit A and on which the
Condominium Project is located and the Tunnel Easement.
"Records" means the real property records maintained by the Clerk and Recorder of
Eagle County, Colorado; to "Record" or "Recording" means to file or filing for recording in the
Records; and "ofRecord" or "Recorded" means recorded in the Records.
"Reimbursable Expenses" is defined in Section 9.2(c).
"Reserve Fund'is defined in Section 6.3.
(Restoration Deficit" is defined in Section 9.2(d).
"Rulest' means the policies.--oroccduret rules and regulations;jf--aryq that the
Association adopts from time to time.
"Security for an Obligation" means the vendor's interest in an installment land
contract, the mortgagee's interest in a mortgage, the beneficiary's interest in a deed of trust, the
purchaser's interest under a sheriffls certificate of sale during the period of redemption, or the
holder's or beneficiary's interest in a lien.
"Security Holder" means any Person owning or holding a Security for an Obligation
encumbering a Condominium, including any First Mortgagee.
"Shared Area" is defined in Section 10.3(a).
"Special Assessments" is defined in Section 9.2.
"Special Declarant Rights" means the rights reserved by Declarant in Section 2.9.
ol4448.RED AKHANS 06/lZ0o | 3? PM
"supplemental Declaration" means an amendment to this Declaration prepared and
Recorded by Declarant as necessary to exercise Development Rights pursuant to Section 2.9(a).
'6Supplemental Mapt' means an amendment to the Map prepared and Recorded by
Declarant as necessary to exercise Development Rights pursuant to Section 2'9(a).
"Taking" is defined in Section 13.1.
"Termination Agreement" is defined in Section 14.1.
"Termination Allocation" is dehned in Section 14.3.
"Town" means the Town of Vail, Colorado.
"Transferee" is defined in Section 17.3(a).
tTunnel" means the underground tunnel which contains, among other things, a drive
aisle, parking spaces and mechanical rooms. The Tunnel is depicted on the Map and, except for
the Garages, which are Limited Common Elements, is a General Common Element. The Tunnel
and the Connecting Tunnel are connected to one another and part of the same structural system.
ttTunnel Easement" means that Easement Agreement dated
Recorded at Reception No._.
200_, and
..Unit" means a portion of the Condominium Project designated for separate ownership.
Each Unit is designated for separate ownership in this Declaration, and its boundaries are
delineated on the Map and described in Section 2.4. The definition of "Unit" excludes all
Common Elements, including, without limitation, (a) any Limited Common Elements allocated,
exclusively or otherwise, to the Unit, and (b) any Common Elements passing through or existing
partly or wholly inside the boundaries of the Unit (e.g., any ducts, pipes flues, chases or
equipment serving portions of the Condominium Project other than the Unit).
"Unit Connection' is defined in Section 10.3(a).
"Unit Disconnection" is defined in Section 10.4(a).
..Unit Mechanical Equipment" means the mechanical equipment located within and
serving exclusively a single Unit, as well as HVAC and other mechanical equipment located
outside a Unit, but exclusively serving the Unit, such as the mechanical equipment located in the
crawl space immediately beneath a Unit that exclusively serves such Unit. Unit Mechanical
Equipment is a part of the Unit in which it is located or the Unit which it exclusively serves. In
no event shall Unit Mechanical Equipment be defined to include any Central Mechanical
Equipment or any Utility/Service Elements.
"Utilitv/Service Elements" is defined in Section 2.4(c).
614448 RED AKHANS 06112/06 l:17 PM
"Voluntary Capital Expenses" is defined in Section 9.2(e).
"Working Capital Fund" is defined in Section 9.3.
1.2 Exhibits. The Exhibits listed below are attached to and incorporated in this Declaration:
ExhibitA-TheProperty
Exhibit B - Additional Land
Exhibit C - Common Allocations
Exhibit D - Other Recorded Easements and Licenses Affecting the Property
Exhibit E - Arbitration Rules
Article 2
CREATION OF THE CONDOMINIUM PROJECT: UNITS AND ALLOCATIONS
2.1 Creation. Declarant declares that, upon the Recording of this Declaration executed
pursuant to the Act, the Property will be a "condominium" within the meaning of SeetienSS-
33=3-{e3(9 Seclioul030 of the Act and, thus, constitutes the Condominium Project.
2.2 Name. The name of the Condominium Project is "Gore Creek Place."
2.3 Division of Property. Declarant, pursuant to the Act, hereby divides the Property into the
Units (identified by number on Exhibit C and depicted on the Map) and the Common Elements
and designates the Units for separate ownership and the Common Elements for common
ownership solely by the Owners.
2.4 Designation of Boundaries.
(a) Units. The vertical and horizontal boundaries of each of the Units are described
below and are graphically depicted on the Map.
(i) Horizontal Boundaries. The upper horizontal boundary ofeach Unit is the
underside of the joist in the unfinished ceiling of the top level contained in such Unit.
The lower horizontal boundary of each Unit is the unfinished surface of the top of the
floor slab or subfloor immediately beneath the lowest level contained in such Unit.
Notwithstanding an
contrarv, eacn Owne
attic soace afove a
baudaues"
(ii) Vertical Boundaries. The vertical boundaries of each Unit are generally
the unfinished interior surface of the wallboard or plasterboard forming a part of the
perimeter *'alls of the Unit as depicted on the Map. Without limiting the generality of
Section 10.6(a), no Owner may remove, penetrate or do anything to otherwise impair the
6l4,r48.RED AKHANS 06/ l2106 l37PM
fire-separation capability or acoustical separation capability of any perimeter wall
forming the vertical boundary of any Unit.
(b) Structural Elements. All structural elements of each Building, including, without
limitation, bearing walls, bearing columls, structural slabs and decks for floors, ceilings or roofs,
structural girders, beams and joists, and foundations and footings, are Common Elements,
regardless of whether they are located wholly or partially within the boundaries of any Unit.
(c) Utilitv/Service Elements. Any shafts, chutes, flues, ducts, vents, chases' pipes,
wires, conduits or utility lines (collectively, *Utility/Service Elements") that exclusively serve a
Common Element
are a part of the Common Elements. Any Utility/Service Elements that serve two or more but
fewer than all Units are Limited Common Elements allocated to the Units they serve. Any
Utility/Service Elements that serve all of the Units are General Common Elements.
(d) Unit Mechanical Equipment. Each Unit includes its Unit Mechanical Equipment,
wherever located.
(e) Improvements in Unit. Subject to Sections 2.a$),2.a@) and 2.a@), above, all
spaces, interior partitions and other fixtures and improvements within the boundaries of any Unit
are a part of the Unit.
(f) Penetrations. Where a Unit boundary is penetrated by an opening (e'g., a flue,
chase, window, door or garage door), the boundary at such penetration is the surface which
would result from the extension ofthe nearest adjacent surface comprising the boundary that is
penetrated by the opening.
2.5 Unit Subdivisions. Connections and Boundary Chanees. No Unit may be subdivided into
two or more Units except by Declarant pursuant to Section 2.9(c); provided, however, that no
Unit may be subdivided into more than one Unit if, as a result of the subdivision, there would be
more than 30 Units in the Condominium Project. Subject to this Section 2.5, a Boundary
Relocation may be made by Declarant pursuant to Section 2.9(c) or by Owners pursuant to
Section 10.2; a Unit Connection may be made pursuant to Section 10.3; and a Unit
Disconnection may be made pursuant to Section 10.4.
2.6 Tunnel and Tunnel Easement. Vehicular access to the Project is provided from Forest
Road through an underground tunnel on a parcel of real property adjacent to the Property (the
"Connecting Tunnel"). The Connecting Tunnel is connected to and a part ofthe same structural
system as the Tunnel and is located on the Additional Land. Pursuant to the Tunnel Easement,
each Owner has the right to use the Connecting Tunnel, and the Association is responsible for
certain costs associated with the Connecting Tunnel.
614448.RED AKHANS 0&r2/06 | l? PM
2.7 Limited Common Elements. The Limited Common Elements consist of those designated
in the Act, those designated in Section2.4(c), those designated by the Board pursuant to
Section 10.3, those designated *LCE" or otherwise allocated on the Map, and the following:
(a) Deck. Each area entitled "Deck" on the Map is an exterior deck area (a "Deck").
The air space above each Deck, from its finished floor surface to the lower of 10 feet above its
finished floor surface or the underside of any soffrt or other portion of the exterior of the
Building that projects over the Deck, constitutes a Limited Common Element allocated for the
exclusive use of the Unit to which the Deck is allocated, as shown on the Map (e.g., the Deck
designated on the Map as "LCE-7" is allocated to the exclusive use of Unit 7).
(b) Patio. Each area entitled "Patio" on the Map is an exterior patio area (a "Patio").
The air space above each Patio, from its finished floor surface to the lower of l0 feet above its
finished floor surface or the underside of any soffit or other portion of the exterior of the
Building that projects over the Patio, constitutes a Limited Common Element allocated for the
exclusive use of the Unit to which the Patio is allocated, as shown on the Map (e.g., the Patio
designated on the Map as "LCE-7" is allocated to the exclusive use of Unit 7).
(c) Hot Tubs. Each area entitled "Hot Tub," if any, on the Map is a hot tub and
related improvements (each a "Hot Tub"). Each Hot Tub is a Limited Common Element
allocated for the exclusive use of the Unit to which the Hot Tub is allocated, as shown on the
Map (e.g., the Hot Tub designated on the Map as *LCE-7" is allocated to the exclusive use of
Unit 7).
(d) Doors and Windows. All doors, garage doors and windows in the boundary walls
of a Unit are Limited Common Elements allocated to the Unit. The glazing, sashes, frames, sills,
thresholds, hardware, flashing and other components of those doors, garage doors and windows
are parts of the doors and windows and are allocated pursuant to this Section 2.7(d).
2.8 Allocations.
(a) Ownership of Common Elements. Each Unit is allocated a percentage of
undivided interest in the Common Elements equal to its Common Allocation.
(b) Liability for Common Expenses. Each Unit is allocated, and the Owner of the
Unit is liable for, a percentage of all Common Expenses equal to the Unit's Common Allocation.
All other costs and expenses of the Association are allocated among the Units as otherwise
provided in this Declaration (such as the allocation of Limited Benefit Expenses set forth in
Section 9.2(a), the allocation of Reimbursable Expenses set forth in Section 9.2(c), and the
allocation of Voluntary Capital Expenses set forth in Section 9.2(e)).
(c) Votes in the Association. In all matters coming before the Association for whioh
a vote of the Owners is required, each Unit is allocated one vote. Notwithstanding the foregoing,
the Association is not entitled to any votes for any Unit(s) it owns.
614448 RED AKHANS 06112106 | 37 PM 10
2.g Reservation of Special Declarant Rishts. Declarant reserves the following Special
Declarant Rights:
(a) Development Rights. During the Declarant Development Period, Declarant may
but is not oUtigateA to (i) construct and create additional Units and Common Elements,
(ii) convert Units into Common Elements, (iii) withdraw real estate from the Property; (iv) add
ulf o. uny portion ofthe Additional Land to the Property; or (v) add any other real estate to the
propeny to the extent allowed under the Act, including, without limitation, Seetien-3tl-'3+.+422
Section222 (the ..Development Rights"). The Development Rights apply to portions of the
p.op..ty, i*tuding any .q.dditional Land included in the Property pursuant to this Section 9'2(a),
but are subject to the limitations of Section2.l0. Declarant shall exercise any Development
Right by preparing, executing and Recording a supplemental ,Declaration as necessary to
efiectuaie ihe exercise of such Development Right, which Supplemental Declaration shall be
accompanied by a Supplemental Map, as required by the Act. If Declarant, by exercising any
Development Iiight, iieates any new Common Elements, then the Supplemental Declaration
shall discribe such newly created Common Elements. If Declarant, by exercising any
Development Right, creates any new Units, such Supplemental Declaration shall include a
revised Exhibit C, which shall show the new Common Allocations for all of the Units, calculated
in accordance with the formula included in the definition of Common Allocation in Section I .1.
Except as expressly provided to the contrary in this Declaration, Declarant's exercise of any
Development Right shall not require the consent of any other Owner'
(b) Improvements. During the Declarant Development Period, Declarant may' but is
not requiied tolcomplete any one or more of the following improvements or alterations at the
sole cost and expense of Declarant: (i) constructing any improvements indicated on the Map;
(ii) remodeling, refurbishing or improving any one or more of the Common Elements;
(iii; remodetirig or refurbishing any Unit owned by Declarant; (iv) removing and reinstalling or
relocating the Condominium Project's mailboxes; (v) installing security equipment, such as
cameras, monitors and video recorders, on or about the Property; (vi) installing utility lines,
running through existing or newly created chases in the Common Elements or in any or all of the
Units, is 111uy b" n"."rrury or desirable to provide additional utility services in some or all of the
Units; (vii) constructing
-or
installing lighting in or on any of the Common Elements; and
(viii) constructing or installing signage relating to the Condominium Project'
(c) Boundary Relocation: Subdivision. During the Declarant Development Period,
Declarani -uy f.o. time to time make Boundary Relocations affecting any Unit(s) then owned
by Declarant or may subdivide any Unit then owned by Declarant into two or more Units,
subject to Section 2-5. To effect a Boundary Relocation or subdivision during the Declarant
Deielopment Period, Declarant shall execute, acknowledge and Record an amendment to this
Declaration (including the Map) showing the affected Units, their new boundaries and
dimensions and any "hung"r
to their identifying numbers, and revising Exhibit C to show any
changes in Common Allocations resulting from the Boundary Relocation or subdivision. The
revised Common Allocations resulting from any Boundary Relocation or subdivision made by
Declarant must be based on the formula set forth in the definitions of "Common Allocation" and
ll6I444E.RED AKHANS 06/12106 lrlT PM
"Measured Area" as set forth in Section 1.1. Nothing in this Section 2.9(c) prohibits Declarant,
as an Owner, from making a Boundary Relocation pursuant to Section 10.2.
(d) Marketing. During the Declarant Development Period, Declarant may maintain
sales offices, management offices and model Unit(s) in any Unit(s) owned by Declarant or in the
Common Element, but Declarant's use of a Common Element may not preclude access to any
Unit not owned by Declarant. Declarant may change the locations of the offices and model
Unit(s) from time to time during the Declarant Development Period. During the Declarant
Development Period, Declarant may maintain signs on any Common Elements advertising the
Units for sale and directing prospective purchasers to the offices or model Unit(s). Upon the
termination of the Declarant Development Period, Declarant has a period of 30 days to remove
any property of Declarant located on any portion of the Common Elements used for office or
model purposes.
(e) Easements. Declarant may use the Easements described in Section 3.3 for so long
as those Easements remain in effect.
(f) Appoint Board and Officers. Subject to the provisions of the Bylaws, during the
Declarant Control Period Declarant may appoint and remove the members of the Board and the
officers of the Association.
(g) Amend Declaration. In addition to the amendments to this Declaration which
Declarant may expressly make pursuant to the provisions of this Declaration, Declarant may
during the Declarant Development Period amend this Declaration (including the Map) in any
manner authorized by the Act.
2.10 Number of Units. Initially, the Condominium Project consists of 2{Jnits eightJtrits.
The maximum number of Units that may be created, by subdivision or otherwise, equals 30.
Article 3
EASEMENTS
3. I Easements Benefiting Owners. Each Owner, and its Permittees, has a non-exclusive
Easement over and through the Common Elements for ingress and egress to such Owner's Unit.
Each Owner has a non-exclusive Easement to use the Common Elements, subject to the terms
and conditions of this Declaration and the Rules. To the extent that any Unit is allocated the
exclusive use of a particular Limited Common Element pursuant to this Declaration and/or the
Map, (such as, for example, a Deck) the Owner of that Unit has an Easement for the exclusive
use and enjoyment of that Limited Common Element. In those cases where a Limited Common
Element is allocated to more than one Unit pursuant to this Declaration, the Owners of the Units
to which that Limited Common Element is allocated have a nonexclusive Easement for the use
and enjoyment of that Limited Common Element. Notwithstanding any provision of this
Declaration to the contrary, whenever an Owner has an Easement to use any Limited Common
Element pursuant to this Declaration, and regardless of whether the Easement is deemed
exclusive or nonexclusive or whether it concerns a Deck or another Limited Common Element.
6I144E.R€D AKHANS 06/12106 L]7PM 12
the right of the Owner and its Permittees to use that Limited Common Element is subject to the
Easements described in Sections3.2 through 3.7, inclusive, and Sections3.9 through 3.ll'
inclusive.
3.2 Easements Benefiting Association. The Association has nonexclusive Easements over
and across the Common Elements, and over and across other portions of the Condominium
Project to gain access to the Common Elements, as reasonably necessary or convenient for the
Association, acting through its Permittees, to exercise its rights and perform its obligations under
this Declaration, including, without limitation, its rights and obligations to enforce this
Declaration and the Rules and to operate, manage and control the Common Elements. Without
limiting the generality of the previous sentence, the Association has an Easement to enter each
Unit to the extent reasonably required to operate, manage and control any Common Elements
within the boundaries of the Unit or as reasonably necessary to perform other maintenance and
repair duties imposed on the Association by this Declaration. Except in the case of emergency
siiuations concerning threatened injury or damage to persons or property, the Association shall
not enter into any iJnit pursuant to the Easement established under this Section 3.2 without
giving reasonable advance notice to the occupant thereof.
3.3 Easements Benefiting Declarant. Declarant reserves Easements over and across the
Common Elements as reasonably necessary for the purposes of completing the construction of
the Condominium Project, including any improvements or alterations described in
Section 2.9(b), and for the pulpose of exercising any Development Rights pursuant to
Section 2.9(a); constructing and installing any shafts, chutes, flues, ducts, vents, chases, pipes,
*i.es, co.rduits or utility iitt"s nec"tsa.y to serve those improvements or alterations; storing
construction materials relating to those improvements and alterations and their service elements;
showing Units and Common Elements to prospective purchasers; displaying signs; and
perfonriing any of Declarant's obligations under this Declaration. Declarant's Easements will
exist as to"g as reasonably necessary for those purposes. Without limiting the generality of the
previous two sentences, if Declarant elects to install utility lines to provide additional utility
services in some or all of the Units, Declarant will have Easements to install the utility lines and
chases housing them on, over, under, across and through the interior or exterior Common
Elements.
3.4 Connectins Tunnel Easements. There is hereby an Easement over and across the Tunnel
for lateral and structural support of the Connecting Tunnel. The owner of the Connecting
Tunnel, for itselfand its agenli, employees, tenants, customers, contractors, licensees, guests and
invitees, is hereby granted an Easement for pedestrian and vehicular access through and over the
Tunnel and for pu*ing in any parking spaces that are located in the Tunnel, but not within any
Garage, as reasonably-ne""rtary in corurection with development of the surface of the property
located above the Connecting Tunnel.
3.5 Easements for Encroachments. If, as a result of the construction, reconstruction, shifting,
settlement, restoration, rehabilitation, alteration or improvement of the Condominium Project or
any portion of it, any Common Element encroaches upon any part of any Unit, or any part of any
614448.RED AKHANS 06/12106 l:J7 PM l3
Unit encroaches upon any Common Element or upon any part of another Unit, an Easement
exists for the continued existence and maintenance of the encroachment. The Easement will
continue for so long as the encroachment exists and will burden the Unit or Common Element
encroached upon and benefit the encroaching Unit or Common Element. No Easement exists for
any encroachment that is materially detrimental to or interferes with the reasonable use and
enjoyment of the Common Element(s) or Unit(s) burdened by the encroachment.
3.6 Easements to Repair. Maintain. Restore and Reconstruct. With respect to any provision
of this Declaration or the Act that authorizes or requires any Person (including, without
limitation, the Association) to repair, maintain, restore or reconstruct all or any part of any Unit
or Common Element, Easements exist as necessary or convenient to gain access and perform the
authorized or required work to the portions of the Condominium Project requiring repair,
maintenance, restoration or reconstruction, with persons, materials and equipment to the extent
and for the periods reasonably necessary to enable the Person to perform the authorized or
required work. Without limiting the generality of the previous sentence, the Association has an
Easement to enter each Unit to the extent reasonably required to repair and maintain any
Common Elements located in the Unit. The Easements created under this Section 3.6 burden
those portions of the Condominium Project through which they run and benefit the Persons
authorized or required to perform, and those portions of the Condominium Project requiring, the
repair, maintenance, restoration or reconstruction. Except in the case of emergency situations
conceming threatened damage to persons or property, no Person shall enter into any Unit
pursuant to the Easement established under this Section 3.6 without giving reasonable advance
notice to the occupant thereof. Prior to exercising its rights under this Section 3.6, each Owner
must notify the Association so that the Association may coordinate the required access through
and/or work to the Common Elements or other Units with the impacted Owners. Such Owner's
access and work may proceed only at the times and in accordance with the arrangements
approved by the Association.
3.7 Easements for Utilities and Mechanical Equipment. An Easement exists for the benefit
of each Unit and Common Element for the use of all Utility/Service Elements and the Central
Mechanical Equipment that serve the Unit or Common Element and run through any other
Unit(s) or Common Element(s). The other Unit(s) or Common Element(s) are burdened by the
Easement. In addition, an Easement exists for the benefit of each Unit for the existence of any of
its Unit Mechanical Equipment that is located within the Common Elements.
3.8 Rieht of Entry. Declarant reseryes for the Association an easement for the right, but not
the obligation, to enter upon any Unit: (i) for emergency, security and safety reasons; and (ii) to
inspect any Unit for the purpose of ensuring compliance with this Declaration, the Bylaws and
the Rules. Such right may be exercised by any member of the Board and the Association's
officers, agents, employees and managers and, for emergency, security and safety purposes, all
police, fire and ambulance personnel and other similar emergency personnel in the performance
of their duties. This right of entry shall include the right of the Association to enter upon any
Unit to cure any condition that may increase the possibility of a frre or other hazard in the event
an Owner fails or refuses to cure such condition within a reasonable time after requested by the
614448.RED AKHANS 06^A06 | jl PM l4
Association, but shall not authorize entry into the residence located on or constituting any Unit
without permission of the occupant, except by emergency personnel acting in their official
capacities.
3.9 Emerqency Access Easement. Pursuant to the Map, an "Emergency Access Easement"
has been granted to the Town and all applicable emergency service providers. The Emergency
Access Easement is a non-exclusive surface easement for emergency access over the Emergency
Access Area, but in no event including the Tunnel or any area below the paved or landscaped
surface of the Emergency Access Area, as more particularly described on the Map.
3.10 Pedestrian Access Easement. Pursuant to the Map a "Pedestrian Access Easement" has
been granted to the Town. The Pedestrian Access Easement is a non-exclusive easement for
pedestrian access over portions of the Emergency Access Area, but in no event including the
Tunnel or any area below the paved or landscaped surface of the Emergency Access Area and
other portions of the Property, as more particularly described on the Map.
3.11 Bike Path Easement. Pursuant to the Map, a "Bike Path Easement" has been granted to
the Town. The Bike Path Easement is a non-exclusive easement for bicycle, pedestrian,
snowmobile and other non-motorized recreational access over the Bike Path, as more particularly
described on the Map.
3.12 Ctrair Lit nasement
desqnbed-onlhc-n4ap,
3J:l Additional Easements.
(a) Declarant's fught to Grant Easements. Declarant reserves the non-exclusive right
and power to grant, during the Declarant Development Period, such additional specific
easements over any portion of the Property owned by Declarant and the Common Elements as
may be necessary, in the sole discretion of Declarant, to the orderly development of any portion
ofthe Property.
(b) Association's fuqht to Grant Easements. Notwithstanding anything to the
contrary in this Declaration, the Association, acting through the Board and without the approval
of the Owners, may grant easements over the Common Elements for installation and
maintenance of utilities, drainage facilities and roads and for other purposes that beneht the
Owners.
3=B
3.l![ Easements Run with Property. Except for the Easements described in Section 3.3, all
Easements existing pursuant to this Article 3 are appurtenant to and run with the Property and
naintenance of a stl l
ttre nurnose of tran
6l444E.RED AKHANS 06'/13/06 | 17 PM l)
will be perpetually in full force and effect so long as the Condominium Project exists and inure
to the benefit of and are binding upon Declarant, the Association, Owners, Permittees, Security
Holders and any other Persons having any interest in the Condominium Project or any part of it.
The Units will be conveyed and encumbered subject to all Easements set forth in this Article 3,
whether or not specifically mentioned in the conveyance or encumbrance.
344
3.15 Other Recorded Easements and Licenses Affectine the Property. The recorded easements
and licenses identified on Exhibit D, which were created prior to the date of this Declaration, and
the easements created by the Map affect the Property.
Article 4
COVENANTS. CONDITIONS AND RESTRICTIONS
4.1 Administration. The Condominium Project will be administered in accordance with the
provisions of the Act, this Declaration and the Bylaws. All Common Elements are subject to the
reasonable supervision, operation, management and control of the Association.
4.2 Compliance. Each Owner, Permittee and Security Holder and all parties claiming under
them will take and hold their right, title and interest in any Unit subject to all of the covenants
and conditions of the Act, this Declaration, and the Bylaws. Each Owner, Permittee and Security
Holder will comply with all applicable provisions of this Declaration, the Bylaws, and any Rules,
as those documents may be amended from time to time. Each Owner, Permittee and Security
Holder will comply with all applicable provisions of the Acl
4.3 Units.
(a) Permitted Uses. Except as otherwise provided in this Section 4.3(a) and
Section 4.4, each Unit may be occupied and used only for: (i) residential uses and uses
incidental to them; (ii) rentals of the entire Unit for residential purposes; and (iii) home
occupations permitted by applicable zoning laws, so long as such use is incidental to residential
use of the Unit, does not involve use of the Unit by any employee or independent contractor
(other than the Owner of the Unit),, does not involve regular commercial deliveries to or from the
Unit other than small packages shipped by an express courier service, does not involve regular
visits to the Unit by any customers or prospective customers, does not materially increase the use
of any Common Elements, and is not advertised or identified by signage on any directory in the
Condominium Project. During the Declarant Development Period, Declarant may also use one
or more Units owned by Declarant for sales or management offices or for model Units.
(b) Prohibited Uses. Except as expressly provided in Section 4.3(a), no Unit may be
used for any commercial, professional, industrial or manufacturing purposes. In addition, no
Unit may be used for the creation of any "time share estate" as defined in C.R.S. $ 38-33-l l0 or
any other time share, interval ownership, vacation club, or similar estate or interest in the Unit,
no matter how described or classified, by which a purchaser, investor, tenant or licensee obtains
61.1448 RED AKHANS 06,/l:/06 I i7 PM t6
the right to exclusive use of the Unit on a recurring basis for a certain period of time or has the
right, as a member of a vacation or similar club or organization, to make reservations to use the
Unit, as a result of membership in such vacation club or similar organization.
4.4 Association's Units. The Association may use any Unit it owns for any lanful purpose
relating to the performance of its obligations under this Declaration or otherwise benefrting the
Owners.
4.5 Prohibited Uses Generally. Uses other than permitted uses listed in this Article 4 are
prohibited unless the Board is expressly empowered to, and does, approve a particular prohibited
use. Where the Board is empowered to approve a particular use or action, the Board may impose
reasonable conditions upon the use or action as it deems necessary to protect the integrity ofthe
Condominium Project and the rights of other Owners. In addition to other uses prohibited by
this Article 4, the following uses are prohibited:
(a) Insurance Risks. No Unit may be used for any use which would constitute an
unusual fire hazard, would result in jeopardizing any insurance maintained on any part of the
Condominium Project or would result in any increase in the premium for that insurance;
provided, however, that the Board may approve the use ifadequate safeguards are undertaken at
the Owner's expense and any increase in insurance premiums is allocated to, and paid by, the
Owner pursuant to Section 9.2(c)(i).
(b) Barbecue Grills. Only natural gas barbecue grills may be used on Decks or
Patios, except to the extent otherwise allowed by the Rules from time to time.
(c) Overloadine. No Unit or Common Element may be used for any use beyond the
maximum loads the floors of the Unit or Common Element are designed to carry. Further, no
Unit or Common Element may be used for any use which would place any extraordinary burden
on any Common Element, unless the Board gives its prior written consent.
(d) Nuisance. No Unit or Common Element may be used for any use (i) constituting
a public or private nuisance; (ii) consisting of the manufacture of any product; or (iii) which
causes undue odor, noise, vibration or glare, including, without limitation, the use of any
equipment or machine. No audio system in a Unit may be operated in a manner that is audible
from within any other Unit.
(e) Violation of Law. No portion of the Condominium Project may be used for any
use which violates any law, statute, ordinance, rule, regulation or order of any govemmental
authority having jurisdiction over the Condominium Project, including, without limitation, any of
them that resulate or concem hazardous or toxic waste, substances or materials.
614448 RED AKHANS 06/12y06 I l? PM II
4.6 Manner of Use. The occupation and use of the Condominium Project by each Owner, the
Association and their respective Permittees are subject to the following restrictions:
(a) Pets. No animals, livestock, insects, rodents, poultry, reptiles, birds or other pets
may be kept in any Unit except usual and ordinary domestic household pets (e.9., dogs, cats,
small birds kept in cages, and similar small pets). The Board may adopt Rules from time to time
regulating pets within the Condominium Project. No pet may be kept, bred or maintained for
any commercial purpose.
(b) Leases. Subject to Section 4.3, each Owner may lease the Owner's Unit if the
lease is in writing and is expressly made subject to this Declaration. Any lease will provide that
any breach of this Declaration by the tenant will also be a breach of the lease. As to each lease,
the Owner will, within a reasonable time after execution of such lease, provide the Board with
(i) a copy of the fully executed lease, if requested by the Board; (ii) the current address and
telephone number of the Owner; and (iii) a statement by the Owner that the tenant has received a
copy of this Declaration, any material amendments to this Declaration, the Bylaws and the
current Rules, and that the tenant has been advised that he or she may have obligations under
those documents as a Permittee. The Board may make reasonable Rules regarding the leasing of
Units.
(c) Buildine Exterior: Decks. Unless approved by the Board, nothing may be
installed, attached or otherwise af{ixed to or on the exterior of any Building or the railing on any
Deck or Patio.
(d) Sisns. No signs may be displayed to the public view from any Unit or the
Common Elements, except S€rns(i}lig!_$ maintained and used by Declarant in connection with
its initial and ongoing rental or sales activities: and {ii) sipns pe --uu$qanl-lo
Section 106.5 ofth .
(e) Refuse Removal. All rubbish, garbage and debris will be regularly removed from
and will not be allowed to accumulate on the Condominium Project. All trash, garbage and other
debris generated on and awaiting removal from the Condominium Project will be kept in sanitary
containers in accordance with the Rules of the Association.
(0 Obstruction of Common Elements. Nothing may be stored in or on the Common
Elements, except in designated storage areas, without the Board's prior written consent;
provided, however, that Declarant may store construction materials used in connection with the
construction activities described in Section 2.9(b) in or on the Common Elements. Nothing may
obstruct or otherwise impair access to the Common Elements except as provided in
Section 2.9(d).
4.7 Rules. In addition to the restrictions, conditions and covenants in this Article 4
conceming the use of the Condominium Project, the Board from time to time may promulgate
and amend reasonable Rules not in conflict with the Act, this Declaration or the Bylaws.--Tolhe
extent not coverea
614448 RED AKHANS 06/tzl06 l 17 PM l8
trear0 at ttre goard m
4.8 Indemnity. Subject to Section I 1.4, each Owner will be liable to and will protect, defend,
indemnify and hold harmless the Association and the other Owners from and against any and all
damages, claims, demands, liens (including, without limitation, mechanics' and materialmen's
liens and claims), losses, costs and expenses (including, without limitation, reasonable attomeys'
fees, court costs and other expenses oflitigation) and liabilities ofany kind or nature whatsoever
(collectively referred to as "Indemlity Claims") suffered or incurred by, or threatened or asserted
against, the Association or any other Owner as a result of or in connection with (a) the willful
misconduct, negligence or breach of the Act, this Declaration, the Bylaws or the Rules by the
indemnifying Owner or its Permittees; (b) any repair, restoration, replacement, alteration or other
construction. demolition. installation or removal work on or about the Condominium Project
contracted for, or performed by, the indemnifying Owner or its Permiftees; or (c) the operation,
use, ownership or maintenance of the indemnifying Owner's Unit by the indemnifying Owner or
its Permittees. The indemnifying Owner will pay for all Indemnity Claims suffered or incurred
by the Association for which the indemnifying Owner is responsible promptly upon receipt of a
demand for payment from the Association. The amount of the Indemnity Claims will constitute
Special Assessments against the indemnifying Owner's Unit. If the indemnifying Owner fails to
make such payment within 30 days after receipt of the Association's demand for it, the
Association may take whatever lawful action it deems necessary to collect the payment
including, without limitation, foreclosing its lien or instituting an action at law or in equity.
Nothing in this Declaration relieves any Permittee from liability for its own acts or omissions.
Nothing contained in this Section 4.8 will be construed to provide for any indemnification which
violates applicable laws, voids any or all of the provisions of this Section 4.8 or negates,
abridges, eliminates or otherwise reduces any other indemnification or right which the
Association or the Owners have by law.
4.9 Provisions Run with Property. Each Condominium, Owner, Permittee and Security
Holder are subj ect to all provisions of this Declaration and those provisions are covenants
running with the land or equitable servitudes, as the case may be, and bind every Person having
any interest in the Condominium Project and inure to the benefit of every Owner.
4.10 Enforcement.
(a) This Declaration and the Bylaws constitute a general scheme benefiting each Unit
and the Property as a whole and may be enforced by Declarant, the Association or an aggrieved
Owner. A violation of any of the provisions of this Declaration causes ineparable damage to the
Property. Therefore, subject to the terms and conditions of this Section4.lO and except as
otherwise expressly provided elsewhere in this Declaration, Declarant, the Association and any
aggrieved Owner may prosecute a proceeding at law or in equity against any Person violating or
attempting to violate the provisions of this Declaration or the Bylaws, including, without
61444E RED AKHANS 06/12106 l r7 PM l9
limitation, an action for a temporary restraining order, preliminary injunction and permanent
inj unction.
(b) Any Person violating-€r attempting to
vielate-anFfrevisien enforcalhf--proyisions of this Declaration or the Bylawsjnsludin&
witnout limitatio
uit is initiated. m reasonable attorneys' fees and other legal costs incurred by-theAs's'# in successfully enforcing the provision lolbe
extent oroviaea ln S
ctaim raised asain
incun-in successfunv a
Acl. If the Person is an Owner, the amount of the fees and costs constitute a lien against the
Owner's Unit which may be foreclosed in accordance with Section 9.5. In addition, if any
Owner fails to comply with this Declaration, the Bylaws or the Rules, the Association may
(i) temporarily suspend the Owner's right to use or enjoy any of the Common Elements,
(ii) impose monetary penalties, and (iii) impose other appropriate measures; provided, however,
that before imposing any of those measures (other than late charges, interest and reasonable
coIlectioncostsrelatingtodelinquentpayments),the
defaultine Owner is
nroyidcd--Drior notice of the claimed default and an opportunity to be heard by the Board prior
to the imposition of the disciplinary measrue in accor0ance witn
@} In accordance with an
aggrieved Owner may prosecute any proceeding at law or in equity enforcing the provisions of
this Declaration or seeking other relief relating to a violation or attempted violation of the
provisions of this Declaration, the Owner will first give written notice to the Board specifying
the violation or attempted violation of the provisions of this Declaration, the facts and
circumstances surrounding the violation, and the name of the Person alleged to have violated or
attempted to violate the provisions of this Declaration. The Board may initiate a proceeding at
law or in equity to enforce the provisions ofthis Declaration, to prevent a violation or to obtain
damages for damage to the Common Elements resulting from the violation, or may otherwise
enforce the provisions of this Declaration. The aggrieved Owner may exercise any of its rights
under Section 4.10(a) if (i) the violation or attempted violation results or would result in direct
and immediate physical damage to the Owner's Unit, or (ii) the Association fails to enforce or
cause enforcement of the violated provisions of this Declaration within 60 days after the Board
receives the Owner's notice.
Article 5
OPERATION. MAINTENANCE AND REPAIR
5.1 Association's Duties. Subject to the provisions of Article 12 and Article 13, the
Association has the following rights and responsibilities with respect to the operation,
maintenance and repair of the Condominium Project:
614448 RED AKHANS 0o/12106 l:l? PM 20
(a) Maintenance of Common Elements. Except to the extent otherwise provided in
Section 5.2, the Association will maintain, repair, replace and restore the Common Elements,
including, without limitation, the Central Mechanical Equipment, all Decks, Patios and Hot
Tubs, the exterior and roof of each Building and all windows, garage doors, and exterior doors
within the Project, and the costs to do so will be included in Common Expenses, except to the
extent paid by insurance or condemnation proceeds or by Owners pursuant to Sections 4.8,
9.2(a), 9.2(b), or 9.2(c).
(b) Election to Perform Owners' Duties. The Association may elect to maintain,
repair, replace or restore any Unit or Limited Common Element, or portion of either of them, that
an Owner is required to maintain, repair, replace or restore pursuant to Section 5.2 if: (i) the
Owner has failed, for more than 30 days after notice from the Association, to maintain, repair,
replace or restore its Unit or Limited Common Element as required under this Declaration; and
(ii) the failure adversely affects the appearance of the Unit or Limited Common Element when
viewed from any area outside the Unit or Limited Common Element, or impairs the structural
integrity or building systems of any portion of the Property, or has an adverse effect on the use of
another Unit or Common Element for its permitted and intended use. If, however, the required
maintenance, repair, replacement or restoration cannot be cured because of its nature or scope
within the 30-day period, the Association may not perform the repair, maintenance, replacement
or restoration so long as such Owner commences performance of its obligations within the 30-
day period and diligently completes it. The Owner will pay all costs incurred by the Association
in accordance with this Section 5.1(b) upon receiving the Association's demand for payment. If
the Owner fails to make the payment within 30 days of receiving a demand for it, the Association
may take whatever lawful action it deems necessary to collect the payment including, without
limitation, foreclosing its lien or instituting an action at law or in equity.
5.2 Owners' Duties. Subject to the provisions of Article 12 and Article 13, each Owner will
at its expense (i) maintain at all times in good and clean condition, and perform all required
repairs, replacements or restorations of its Unit, the Unit Mechanical Equipment, and any
Utility/Service Elements allocated exclusively to the Owner's Unit as a Limited Common
Element; (ii) clean and keep in a sanitary condition any Deck and/or Patio allocated to its Unit;
(iii) perform its responsibilities in a manner that does not unreasonably disturb other Owners or
their Permittees; and (iv) promptly report to the Association any defect or need for repairs for
which the Association is responsible. Except as expressly provided above, no Owner may alter,
repair, replace, or maintain any part of the exterior of any Building.
5.3 Maintenance Standard. For the benefit of all Owners, each Owner and the Association
will perform their respective maintenance and repair obligations under Sections 5.1 and 5.2 in a
manner consistent with a first-class residential project located in Eagle County, Colorado.
Article 6
THE ASSOCIATION AND BOARD
6.1 Formation of the Association: Membership. The Association will be formed no later than
the date the first Unit is conveved to an Owner other than Declarant. Each Owner is a member
614448 RED AKHANS 0dl2'06 l:17 PM 2l
of the Association as soon and for so long as it is an Owner. Following a termination of the
Condominium Project, the members of the Association will consist of all Owners entitled to
share in the distribution of proceeds of a sale of the Property. Membership in the Association
automatically terminates when a Person ceases to be an Owner, whether through sale, intestate
succession, testamentary disposition, foreclosure or otherwise, and the new Owner automatically
succeeds to that membership in the Association. The Association will recognize a new member
upon presentation by a new Owner of satisfactory evidence of the sale, transfer, succession,
disposition, foreclosure or other transfer of a Unit. Membership in the Association may not be
transferred, pledged or alienated in any way, except to the new Owner upon conveyance of a
Unit. Any prohibited transfer is void and will not be recognized by the Association.
6.2 Powers. The Association will serve as the governing body for the Condominium Project
and has the responsibilities set forth in this Declaration and the Bylaws. The Association may,
but shall not be obligated to:
(a) adopt and amend the Bylaws and Rules, provided that the Bylaws and Rules will
not be inconsistent with this Declaration or the Actl
(b) adopt and amend budgets for revenues, expenditures and reserves and assess and
collect any Assessments and any other amounts due from Owners or others to the Association;
(c) hire and terminate managing agents and other employees, agents and independent
contractors;
(d) institute, defend or intervene in litigation or administrative proceedings in its own
nalne on behalf of itself or two or more Owners on matters affecting the Condominium Project;
(e) make contracts and incur liabilities;
(f) borrow funds to cover Association expenditures and pledge Association assets as
security therefor, provided that Common Elements may be subjected to a security interest only
pursuant to Section I 7.2;
(g) regulate the use, maintenance, repair, replacement and modification of the
Common Elements;
(h) cause additional improvements to be made as a part of the Common Elements
including, without limitation, snowmelt systems;
(D acquire, hold, encumber and convey in its own name any right, title or interest to
real or personal property (including, without limitation, one or more Condominiums), provided
that Common Elements may be conveyed or subjected to a security interest only pursuant to
Section 17.21
6I414E RED AKHANS ffiII2J6I ]1?M 22
0) grant easements, leases, licenses, and concessions through or over the Common
Elements;
(k) impose and receive any payments, fees or charges for any services provided to
Owners;
0) impose charges for late payment of Assessments, recover reasonable attomeys'
fees and other legal costs for collection of Assessments and other actions to enforce the power of
the Association, regardless of whether or not suit was initiated, and, after notice and an
opportunity to be heard, levy reasonable fines for violations of this Declaration or the Bylaws or
Rules;
(m) impose reasonable charges for the preparation and Recording of amendments to
this Declaration or statements of unpaid Assessments pursuant to Section 17.4;
(n) provide for the indemnification of its officers and members of the Board and
maintain directors' and officers' liability insurance;
(o) assign its right to future income, including the right to receive Assessments so
long as the Association will continue to have sufficient revenue to meet its maintenance
obligations under this Declaration;
(p) exercise any other powers conferred by this Declaration or the Bylaws;
(q) exercise all other powers that may be exercised in the State of Colorado by legal
entities of the same type as the Association; and
G) exercise any other powers necessary and proper for the govemance and operation
of the Association.
This Declaration may not impose any limitations on the powers of the Association to deal with
Declarant which are more restrictive than the limitations imposed on the power of the
Association to deal with any other Person.
6.3 Budset.
(a) Prenaration of Budget. The Board will cause a proposed budget for the
Association to be prepared and adopted annually, not less than 30 days prior to the beginning of
each Fiscal Year of the Association (except that, for the first Fiscal Year of the Association, the
Board may adopt the estimated budget prepared by Declarant). The proposed budget will
include all of the following:
(D the estimated revenue and expenses (including, without limitation,
Common Expenses) of the Association for the subject Fiscal Year, in reasonable detail as
to the various catesories ofrevenue and expense;
614448 RED AKHANS 06/1100 | 17 PM 23
(ii) the current cash balance in the Association's reserve fund for the major
repair or replacement of Common Elements, the Association's equipment, fumiture and
other personal property and for contingencies (including, without limitation, the amount
of the deductible under the Association's property insurance policy), which fund will be
established and maintained by the Board (the "Reserve Fund");
(iii) an estimate of the amount required to be spent during the subject Fiscal
Year from the Reserve Fund for the major repair or replacement of Common Elements or
the Association's equipment, fumiture or other personal property; and
(iv) a statement of the amount required to be added to the Reserve Fund during
the subject Fiscal Year to cover anticipated withdrawals and adequately address
contingencies and anticipated needs in future Fiscal Years.
(b) Ratification of Budeet. Within 90 days after the Board adopts any proposed
budget for the Association, the Board will mail, by ordinary first-class mail, or otherwise deliver
a summary of the proposed budget to all Owners and will set a date for a meeting of the Owners
to consider ratification of the proposed budget. Such meeting will occur within a reasonable
time after mailing or other delivery of the summary. The Board will give notice to the Owners
of such meeting as provided for in the Bylaws. The budget proposed by the Board does not
require approval of the Owners and will be deemed approved by the Owners in the absence of a
veto at such noticed meeting of Owners representing 80% of all the Units, whether or not a
quorum is present. In the event that the proposed budget is vetoed, the periodic budget last
proposed by the Board and not vetoed by the Owners will continue in effect until such time as a
subsequent budget proposed by the Board is not vetoed by the Owners. For the first Fiscal Year
of the Association, the Board may adopt Declarant's estimated budget for the Association and
assess General Assessments pursuant to Section 9.2(a) of this Declaration based on it if the
Board submits such budget to the Owners for ratification in accordance with this Section 6.3(b)
within 60 days after adopting it.
Article 7
CONSTRUCTION DEFECTS, DISPUTES,
DISPUTE RESOLUTION AND LITIGATION
7.1 Testins for Construction Defects.
(a) The Association shall not undertake or authorize any testing, including, without
limitation, investigative testing, destructive testing or invasive testing of any kind for defects in
construction of any Unit or Common Element without first determining, based upon the presence
of some readily observable evidence or condition, that a defect may exist. In making such a
determination the Board shall rely on the opinions and/or the conclusions of a qualified expert
(e.g., a structural engineer); even in the event such evidence or conditions exist, the Association
shall not be obligated to authorize or undertake such testing'
6I4448.RED AKHANS 06/I?06 I ]7PM 1A
(b) In determining whether to authorize such testing, the Board shall be governed by
the following considerations:
(i) whether the Association's position is strong enough to justify taking any
other or further action:
(ii) whether, although a technical violation may exist or may have occurred, it
is of such a material nature as to be objectionable to a reasonable. Person or to justifu
expending the Association's resources; and
(iii) whether it is in the Association's best interests, based upon hardship,
expense, inconvenience or other reasonable criteria, to pursue the matter further.
(c) Notwithstanding the foregoing, under no circumstances shall the Association
authorize such testing as is contemplated under this Section 7.1 unless the nature of the suspected
defect is such that:
(i) it poses a significant risk to life, health, safety or personal property; and
(ii) it threatens or affects the structural integrity, functionality, or performance
ofthe Property (or a portion thereof) for its intended use.
(d) In the event the Board undertakes or authorizes testing for construction defects,
then prior to any testing taking place, Declarant and others responsible for the construction shall
be entitled to notice of the alleged defect, access to the area of the alleged defect, and an
opportunity to inspect the area and repair any defect that is found to exist. Declarant and others
responsible for construction shall also be entitled to be present during any testing and may record
'(via videotape, audio tape, still photographs, or any other recording method) all testing
conducted and all alleged defects found.
(e) In the event that testing discloses any defects, Declarant and others responsible
for construction shall be given a reasonable amount of time, based on the nature and extent of the
defect, to repair or correct the condition. If Declarant or others responsible for construction fail
to repair or correct the condition, the Board shall have the right, but not the obligation, to
proceed with a Claim pursuant to this Article 7 of this Declaration. In determining whether to
proceed with such a Claim, the Board shall be governed by the same standards as set forth in
Section 7.6 below.
7.2 Consensus for Association Litigation. Except as provided in this Section 7.2, Ihe
Association shall not commeirce a judicial or administrative proceeding, including without
limitation any proceeding required under Section 7.5 below, without: (a) the approval of at least
80% of the Owners; and (b) the affirmative vote of Declarant so long as Declarant owns any
Unit. This Section 7.2 shall not apply, however, to: (i) actions brought by the Association to
enforce the terms of this Declaration, the Bylaws or the Rules (including, without limitation, the
foreclosure of liens); (ii) the imposition and collection of assessments; (iii) proceedings
614448.RED AKHANS 06/12106 t.l7 PM 25
involving challenges to ad valorem taxation; or (iv) counterclaims brought by the Association in
proceedings instituted against it. This Section 7.2 shall not be amended unless such amendment
is approved by the percentage of votes, and pursuant to the same procedures, necessary to
institute proceedings, as provided for herein.
Prior to the Association or any Owner's commencing any judicial or administrative
proceeding which arises out of an alleged defects of any Common Element or Unit, Declarant
and others responsible for the construction shall have the right to be heard by the Owners and to
access, inspect, correct the condition of, or redesign any portion of the Common Elements or the
Units, including any improvement as to which a defect is alleged. In addition, the Association or
the Owner shall notify the builder who constructed the subject improvement prior to retaining
any other expert as an expert witness or for other litigation purposes.
7.3 Alternative Method" for Resolvins Disputes.In accordance with and furtherance of
Section t2a of the A* Declarant; the Association, its officers, directors, and committee
members; any Owner; all Persons subject to this Declaration; and any Person not otherwise
subject to this Declaration who agrees to submit to this Section 7.3 (each such entity being
referred to as a "Bound Party") agree to encourage the amicable resolution of disputes, without
the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and
agrees to submit those claims, grievances or disputes described in Section 7.4 of this Declaration
(collectively, "Claims"), to the procedures set forth in Section 7.5 of this Declaration.
7.4 Claims. Unless specifically exempted below, all Claims arising out of or relating to the
interpretation, application or enforcement of this Declaration, or the rights, obligations and duties
of any Bound Party under this Declaration, or relating to the design or construction of the Units
or the Common Elements shall be subject to the provisions of Section 7.5 of this Declaration.
Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be
Claims and shall not be subject to the provisions of Section 7.5 of this Declaration:
(a) any suit by the Association against any Bound Party to enforce the provisions of
Article 9 of this Declaration (Assessments);
(b) any suit by the Association or Declarant to obtain a temporary restraining order or
injunction (or equivalent emergency equitable reliefl and such other ancillary relief as the court
may deem necessary in order to maintain the status quo and preserve the Association's ability to
act under and enforce the provisions of Article 4 (Covenants, Conditions and Restrictions);
(c) any suit between or among Owners, to the extent such suit asserts a Claim which
would constitute a cause of action independent of this Declaration;
(d) any suit in which any indispensable party is not a Bound Party; and
(e) any suit as to which any applicable statute of limitations, has expired or would
expire within I 80 days of giving the Notice required by subsection 7.5(a) of this Declaration.
614448 RED AKHANS 06 2,06 I l7 PM 26
With the consent of all parties thereto, any of the above may be submitted to the
altemative dispute resolution procedures set forth in Section 7-5.
7.5 MandatoryProcedures.
(a) Notice. Any Bound Party having a Claim ("Claimant") against any other Bound
Party ("Respondent") (the Claimant and the Respondent are hereinafter referred to individually,
as a "Party," or, collectively, as the "Parties") shall notifu each Respondent in writing (the
'Notice"), stating plainly and concisely (i) the nature of the Claim, including the Persons
involved and Respondent's role in the Claim; (ii) the legal basis of the Claim (i.e., lhe specific
authority out of which the Claim arises); (iii) the proposed remedy; and (iv) the fact that
Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim.
(b) Negotiation and Mediation.
(i) The Parties shall make every reasonable effort to meet in person and
confer for the purpose of resolving the Claim by good faith negotiation. If requested in
writing, accompanied by a copy of the Notice, the Board may appoint a representative to
assist the Parties in negotiation.
(ii) If the Parties do not resolve the Claim within 30 days after the date of the
Notice (or within such other period as may be agreed upon by the Parties) ("Termination
of Negotiations"), Claimant shall have 30 additional days to submit the Claim to
mediation under the auspices of an independent mediation service designated by the
Association or, ifthe Parties otherwise agree, to an independent agency providing dispute
resolution services in the Eagle County, Colorado, area.
(iii) If Claimant does not submit the Claim to mediation within such time, or
does not appear for the mediation, Claimant shall be deemed to have waived the Claim,
and Respondent shall be released and discharged from any and all liability to Claimant on
account of such Claim; provided, nothing herein shall release or discharge Respondent
from any liability to any Person other than the Claimant.
(iv) Any settlement of the Claim through mediation shall be documented in
writing by the mediator and signed by the Parties. If the Parties do not settle the Claim
within 30 days after submission of the matter to the mediation, or within such other time
as determined by the mediator or agreed to by the Parties, the mediator shall issue a
notice of termination of the mediation proceedings ("Termination of Mediation"). The
Termination of Mediation notice shall set forth that the Parties are at an impasse and the
date that mediation was terminated.
(v) Within five days of the Termination of Mediation, the Claimant shall
make a final written settlement demand ("settlement Demand") to the Respondent, and
the Respondent shall make a final written settlement offer ("Settlement Offer") to the
Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice
61444E RED AKHANS 06'/1206 I 17 PM 27
shall constitute the Settlement Demand. If the Respondent fails to make a Settlement
Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement
Offer.
(c) Final and Bindine Arbitration.
(i) If the Parties do not agree in writing to a settlement of the Claim within
15 days of the Termination of Mediation, the Claimant shall have 15 additional days to
submit the Claim to arbitration in accordance with the Rules of Arbitration contained in
Exhibit E or such rules as may be required by the agency providing the arbitrator. If not
timely submitted to arbitration or if the Claimant fails to appear for the arbitration
proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and
discharged from any and all liability to Claimant arising out of such Claim; provided,
nothing herein shall release or discharge Respondent from any liability to Persons other
than Claimant.
(ii) This subsection 7.5(c) is an agreement to arbitrate and is specifrcally
enforceable under the applicable arbitration laws of the State of Colorado. The
arbitration award (the "Award") shall be final and binding with no right to appeal, and
judgment may be entered upon it in any court of competent jurisdiction to the fullest
extent permitted under the laws of the State of Colorado.
(d) Allocation of Costs of Resolvine Claims.
(i) Each Party, including, without limitation, any Owner and the Association,
shall share equally all charges rendered by the mediator(s) and all filing fees and costs of
conducting the arbitration proceeding ("Post Mediation Costs"). Under no circumstances
shall either Party be entitled to recover its Post Mediation Costs, including any attorneys'
fees (except as specifically provided under Seetie+3S313-l?3 Sectionil3 of the Act),
from the other party. BY TAKING TITLE TO A UNIT AND AS A MEMBER OF THE
ASSOCI.ATION. EACH OWNER ACKNOWLEDGES AND AGREES THAT SUCH
OWNER AND THE ASSOCIATION HAVE WAIVED AND SHALL BE DEEMED TO
HAVE WAIVED THE RIGHT TO ANY AWARD OF ATTORNEYS'FEES (EXCEPT
AS SPECIF ICALLY PROVIDED LiNDER SEqFION-38-33=3-T?3 SE-qI.IONIUI OF
THE ACT) IN CONNECTION WITH THE ARBITRATION OF A DISPUTE UNDER
THrS SECTION 7.5(d).
(iD Any Award which is equal to or more favorable to Claimant than
Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award,
such costs to be bome equally by all Respondents. Any Award which is equal to or less
favorable to Claimant than any Respondent's Settlement Offer shall award to such
Respondent its Post Mediation Costs. With respect to any Award which is less favorable
to Claimant than Claimant's Settlement Demand yet more favorable to Claimant than
Respondent's Settlement Offer, each party shall bear its own Post Mediation Costs.
6l-144E RED AKHANS 0o/1206 IJTPM 28
(e) Limitation on Damages. No party, including, without limitation, any Owner and
the Association, shall be entitled to receive any award of damages in connection with the
arbitration of a Dispute other than such party's actual damages, and Declarant, the Association
and any Owner shall be deemed to have waived their right to receive any damages in a Dispute
other than actual damages, including, without limitation, attomeys' fees (except as specifically
provided under Seede+3&43.3423 Sccliaul23 of the Act), special damages, consequential
damages, and punitive or exemplary damages. BY TAKING TITLE TO A UNIT AND AS A
MEMBER OF THE ASSOCIATION, EACH OWNER KNOWINGLY AND WILLINGLY
ACKNOWLEDGES AND AGREES THAT SUCH OWNER AND THE ASSOCIATION
HAVE WAIVED AND SHALL BE DEEMED TO HAVE WAIVED,IN CONNECTION WITH
THE ARBITRATION OF ANY DISPUTE LINDER SECTION 7.5(C), THE RIGHT TO ANY
AWARD OF CONSEQUENTIAL, INDIRECT, SPECIAL, PTINITIVE, INCIDENTAL, OR
OTHER NON.COMPENSATORY DAMAGES OR SIMILAR DAMAGES, INCLUDING ALL
DAMAGES FOR EMOTIONAL DISTRESS, WHETHER FORESEEABLE OR
UNFORESEEABLE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED
ON (BUT NOT LIMITED TO) CLAIMS ARISING OUT OF BREACH OR FAILURE OF
EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT,
VIOLATION OF BUILDING CODES (LOCAL, STATE OR FEDERAL), CONSTRUCTION
DEFECTS, MISREPRESENTATION OR NEGLIGENCE OR OTHERWISE.
(1) Multiple Party Disputes. Multiple parfy disputes or claims not consolidated or
administered as a class action pursuant to the following sentence will be subject to, and will be
arbitrated individually. Only with the written request of all parties involved, but not otherwise,
the "Arbitrator" (as defined in Exhibit E attached hereto) may: (i) consolidate in a single
arbitration proceeding any multiple party claims that are substantially identical, and (ii) arbitrate
multiple claims as a class action in accordance with the rules and procedures adopted by
Construction Arbitration Services, Inc. ("CAS").
(g) Enforcement of Resolution. If the Parties agree to a resolution of any Claim
through negotiation or mediation in accordance with Section 7.5(b) above and any Party
thereafter fails to abide by the terms of such agreement, or if any Party fails to comply with an
Award, then any other Party may file suit or initiate administrative proceedings to enforce such
agreement or Award without the need to again comply with the procedures set forth in this
Section 7.5. In such event, the Party taking action to enforce the agreement or Award shall be
entitled to recover from the non-complying Party (or if more than one non-complying Party,
from all such Parties pro rata) all costs incurred in enforcing such agreement or Award,
including, without limitation, attorneys' fees and court costs to the extent specifically provided
under Seefien-3&-33.3423 Seelian-l2:l of the Act.
7.6 Leqal Proceedinss. Subject to the provisions of SectionsT.l through 7.5 of this
Declaration, the Association shall have the right, but not the obligation, to institute legal
proceedings to enforce all rights under this Declaration, the Bylaws and the Rules. The decision
to institute legal proceedings by seeking the approval ofat least 80% ofthe Owners pursuant to
Section 7.1 of this Declaration, shall be in the sole discretion of the Board and shall be govemed
6t{448 RED .AXHANS 06/12106 llTPM 29
by the considerations detailed in SectionsT.l, if applicable. Failure to commence such legal
proceedings shall not constitute a waiver of any such rights. ANY LIMITATIONS ON
DAMAGES AND ALL WAIVERS OF LIABILITY AND zuGHTS TO AWARDS OF
DAMAGES SET FORTH IN ANY SECTION OF THIS DECLARATION WITH RESPECT
TO OWNERS, INCLUDING, WITHOUT LIMITATION, SECTIONS 7.5(c), 7.5(e) AND
7.5(0, SHALL APPLY WITH EQUAL FORCE AND EFFECT WITH RESPECT TO THE
ASSOCIATION TN ANY LEGAL PROCEEDINGS INSTITUTED BY THE ASSOCLA,TION
UNDER THIS SECTION 7.6.
7.7 Enforcement of Declaration. Bylaws. and Rules.
(a) Sanctions and Self-Help. After notice and an opportunity to be heard as provided
in the Bylaws, the Association, acting through the Board or any authorized agent, may:
(i) impose sanctions (including, without limitation, reasonable monetary fines) for violations of
this Declaration, the Bylaws, or the Rules; (ii) exercise self-help to cure any violations of this
Declaration, the Bylaws or the Rules that an Owner of Permittee fails or refuses to cure; and
(iii) suspend any services it provides to any Owner who is more than 15 days delinquent in
paying any Assessment or other charge due to the Association. All of the remedies set forth in
this Declaration and the Bylaws shall be cumulative of each other and any other remedies
available at law or in equity. Ifthe Association prevails in any action to enforce the provisions
of this Declaration, the Bylaws, or the Rules, it shall be entitled to recover all costs, including,
without limitation, attorneys' fees and court costs to the extent specifically provided under
$eerien-3$4*fg ScctionlZl of the Act), reasonably incurred by it in such action.
(b) No Waiver. In no event shall the Association's failure to enforce any covenant,
restriction or rule provided for in this Declaration, the Bylaws, or the Rules constitute a waiver of
the Association's right to later enforce such provision or any other covenant, restriction or rule.
Article 8
MOLD DISCLOSURE & WAIVER
Mold, mildew, fungi, bacteria and microbiologic organisms (collectively, "Mold") are
present in soil, air and elsewhere in the environment. Mold can proliferate in various
environments, including, among others, damp areas such as bathrooms and within walls and
partitions. Certain parties have expressed concerns about the possible adverse effects on human
health from exposure to Mold. Due to various reasons, including the varying sensitivities of
different individuals to various types of Mold and other contaminants, as of the date of this
Declaration, no state or federal standards regarding acceptable levels of exposure to Mold exist.
According to the Consumer Product Safety Commission and the American Lung Association,
some diseases or illnesses have been linked with biological pollutants in the indoor environment,
including some forms of Mold. However, it is believed that many of these conditions may also
have causes unrelated to the indoor environment. Therefore, as of the date of this Declaration, it
is unknown how many potential health problems relate primarily or exclusively to indoor air
quality or Mold. Each Owner, by taking title to a Unit, is advised that Declarant and the
Association are not qualified and have not undertaken to evaluate all aspects of this very
6I.I448.RED AKHANS OO/IZOO I ]?PM JU
complex issue. Each Owner, by taking title to a Unit, acknowledges that Declarant and/or the
Association have not performed any testing or evaluation of, and make no representations or
warranties, express or imptied, concerning, the past, current or future presence or absence of
Mold in the Unit, any Limited Common Elements allocated to the Unit, or any other Common
Elements or in the vicinity of the Unit, any Limited Common Elements allocated to the Unit, or
any other Common Elements, or within the vicinity of the Property. Declarant and the
Association recommend that each Owner, at the Owner's expense, conduct its own investigation
and consult with such experts as the Owner deems appropriate regarding the occurrence and
effects of Mold, the potential sensitivity or special risk the Owner, his or her family members,
and others individuals who will occupy or use the Unit or any Limited Common Elements
allocated to the Unit, may have with respect to Mold, and methods to reduce or limit Mold
within the Unit or any Limited Common Elements allocated to the Unit.
When excessive moisture or water accumulates indoors, Mold growth can and will occur,
particularly if the moisture problem remains unaddressed. There is no practical way to eliminate
utt Vtota in an indoor environment. The key to controlling indoor Mold growth is to control
moisture. Each Owner, by taking title to a Unit, agrees to maintain the Unit and any Limited
Common Elements allocated to the Unit in such a manner as to reduce the potential for increased
Mold formation or growth, including, without limitation, keeping dryer and other vents and/or
fans clear and functioning, and preventing and repairing plumbing, window and other leaks and
sources of moisture. Each Owner, by taking title to a Unit, agrees to make periodic inspections
of the Unit and any Limited Common Elements allocated to the Unit for the presence of Mold or
conditions which may increase the ability of Mold to propagate within the Unit or any Limited
Common Elements allocated to the Unit, and to monitor the Unit and any Limited Common
Elements allocated to the Unit on a continual basis for excessive moisture, water or Mold
accumulation, If water or moisture is discovered in or around the Unit or any Limited Common
Elements allocated to the Unit, the Owner, by taking title to a Unit, agrees to immediately seek to
eliminate the source of the water or moisture. Failure to eliminate the source of moisture can
result in additional damage and the growth of Mold. Declarant will not be responsible for
damages, and each Owner, by taking title to a Unit, hereby waives all rights to damages and
subrogation of damages. Each Owner, by taking title to a Unit, agrees to indemnify Declarant
and the Association and hold Declarant and the Association harmless from damages, including in
all cases personal injury or property damage, caused by the presence of Mold and/or water or
moisture in the Unit or other portions of the Property to the extent that the damages are caused
by: (i) the Owner's negligence or failure to properly maintain and monitor the Unit or any
Limited Common Element allocated to the Unit; or (ii) the Owner's failure to promptly take
appropriate conective m€asures and minimize any damage caused by water or moisture
(inctuaing, without limitation, failure to promptly notify and engage the help of appropriate
professionals or experts).
614448.RED AKHANS 06/12/00 l:l? PM JI
Article 9
ASSESSMENTS
9.1 General Assessments. Each Unit is subject to assessments for the Unit's Common
Allocation of all Common Expenses (the "General Assessments"). General Assessments will
commence not later than 60 days after the conveyance of the first Condominium to an Owner
other than Declarant. General Assessments will be calculated, paid, adjusted and reconciled in
accordance with the following provisions;
(a) Budget and Payment. The Board will assess General Assessments against each
Unit based on the budget adopted by the Board and ratified by the Owners pursuant to
Section 6.3. Each Owner is obligated to pay the Association the General Assessments made
against such Owner's Unit, and the payment will be due in equal monthly installments on or
before the first day of each month of each Fiscal Year or in another reasonable manner
designated by the Board. The Board's failure to fix the General Assessments prior to the
commencement of any Fiscal Year will not be deemed a waiver or modification of any of the
provisions of this Declaration or a release of any Owner from its obligation to pay the General
Assessments or any installment of them for that Fiscal Year, but the General Assessments fixed
for the preceding Fiscal Year will continue until the Board fixes the new General Assessments.
(b) Adjustment. If, during any Fiscal Year, the Board determines that the estimated
expenses or revenues of the Association, as set forth in the budget upon which the General
Assessments were based, are in error for any reason (including, without limitation, nonpayment
by any Owner of its General Assessments), then, to the extent the Board estimates that payments
of General Assessments during the balance of the Fiscal Year will be inadequate or more than
required to meet the Association's obligations intended to be covered by such General
Assessments, the Board may amend the budget and increase or decrease the General
Assessments for the balance of such Fiscal Year by giving not less than 30 days' prior notice to
all Owners. Notwithstanding the previous sentence, however, if any amendments individually or
in aggregate with all previous amendments in any Fiscal Year would increase the total General
Assessments for a Fiscal Year by more than l0% of the General Assessments called for by the
budget previously ratified by the Owners pursuant to Section 6.3, t}ten the Board will submit the
amendment for ratification by the Owners pursuant to Section 6.3 before increasing the General
Assessments based on the amendment. Without limiting the generality of the foregoing, the
Board may, in its sole discretion, install submeters as part of the Central Mechanical Equipment
to measure the amount of water consumed in each Unit and may charge each Unit an amount
equal to its proportionate share ofwater costs incurred by the Association based upon readings of
the submeters.
(c) Reconciliation. As soon as reasonably possible after the end ofeach Fiscal Year,
the Board will reconcile the actual costs and expenses incurred by the Association during that
Fiscal Year against the General Assessments that the Association received and intended to cover
the costs and expenses. To the extent that any Owner has paid more than its proper share of the
costs and expenses, the Board may either (i) refund the overpayment to the Owner; (ii) credit the
6t4448 RED AKHANS 06/1206 I 17 PM 32
overpayment against the Owner's General Assessments for the next Fiscal Year; or (iii) deposit
the overpayment into the Reserve Fund if overpayments were received from all Owners in
proportion to each Owner's Common Allocation. To the extent any Owner has underpaid its
share of the costs and expenses, the Board may either (A) demand in writing that the Owner pay
the amount of the underpayment of General Assessments to the Association within a time period
specified by the Board, but not less than 30 days after the Board gives its demand to the Owner;
or (B) include the underpayment in the Owner's General Assessments for the next Fiscal Year.
9.2 Special Assessments. The Association may levy from time to time one or more special
assessments ("Special Assessments") for the purpose of defraying in whole or in part the cost of
any construction, restoration, unexpected repair or replacement of a capital improvement or for
canying out the other responsibilities of the Association in accordance with this Declaration.
Each Special Assessmenl will be allocated among the Units in accordance with the provisions
Sections 9.2(a) through 9.2(e). Each Owner will pay all Special Assessments assessed against
the Owner's Unit. Special Assessments will be paid at the time(s) and in the manner (for
example, by lump sum payment or in installments) reasonably determined by the Board. The
Board may require that Special.Assessments be paid before the subject services or materials are
provided.
(a) General Benefit ExDenses. If the Association incurs any costs or expenses that
benefit all Units (such as, for example, the costs of repairing damage to the Tunnel) ("General
Benefit Expenses"), then the Board, in its discretion, will assess the General Benefit Expenses as
a Special Assessment against each Unit in amount equal to the General Benefit Expense times
such Unit's Common Allocation. The Board may assess Special Assessments for General
Benefit Expenses without the approval of the Owners.
(b) Limited Benefit Expenses. If the Association incurs any costs or expenses that
solely benefit one or more Units but less than all Units (such as, for example, the costs of
repairing a utility line or Limited Common Element that serves only one or two Units but no
others) ("Limited Benefit Expenses"), then the Board, in its reasonable discretion, will assess the
Limited Benefit Expenses as a Special Assessment against the Unit or Units benefited by such
Limited Benefit Expenses as follows: any Limited Benefit Expenses incurred for the benefit of
only one Unit will be assessed solely to that Unit; and any Limited Benefit Expenses incuned for
the benefit of two or more Units will, unless the Owners of all benefited Units otherwise agree to
a different proportion, be assessed against each benefited Unit in proportion to the ratio of the
Unit's Common Allocation to the sum of the Common Allocations of all benefited Units. The
Board may assess Special Assessments for Limited Benefit Expenses without the approval of the
Owners.
(c) Reimbursable Expenses. If the Association incurs any costs or expenses as a
result of or in connection with (i) an increase in any insurance premium for which an Owner is
responsible pursuant to Section4.5(a) or ll.l(a); (ii)subject to Section 11.4, the willful
misconduct or negligence or violation of any law, this Declaration, the Bylaws or the Rules by an
Owner or its Permiftees; or (iii) subject to Sections4.l0 and 5.1(b), bringing an Owner or the
614448 RED AI(HANS 0c/12l06 l:3? PM JJ
Owner's Unit into compliance with the provisions of this Declaration (including, without
limitation, Sections 4.8 and 5.2) or any other document goveming the Condominium Project;
then, in each such event, the Board will assess the costs and expenses ("Reimbursable
Expenses") as a Special Assessment against the Owner's Unit. The Board may assess Special
Assessments for Reimbursable Expenses without the approval of the Owners.
(d) Restoration Deficit. If following any damage, destruction or Taking of the
Common Elements, or any portion of them, the total costs of performing any restoration of the
Common Elements required by this Declaration or the Act exceeds the amount of the insurance
proceeds, condemnation award or other funds available for the cost of restoration (such as funds
in the Reserve Fund), then the Board may assess Special Assessments to cover the deficit (a
"Restoration Deficit"). The Board will assess against each Unit its Common Allocation of the
Special Assessments for a Restoration Deficit. The Board may assess Special Assessments for a
Restoration Deficit without the approval of the Owners.
(e) Voluntary Capital Expenses. Provided the requisite number of Owners petition
the Board as provided below, the Board may make Special Assessments for the purpose of
paying Voluntary Capital Expenses. "Voluntary Capital Expenses" may include any costs and
expenses of any capital improvement to the Common Elements, including all design,
construction and associated financing costs, except for (i) costs incurred in order to reduce
Common Expenses (which costs will be included in Common Expenses); (ii) costs required to be
incurred to cause the Condominium Project to comply with applicable law (which costs will be
included in Common Expenses); and (iii) costs that constitute all or any part of a Restoration
Deficit. Any petition before the Association (or Owners) to make a Special Assessment for
Voluntary Capital Expenses must include provisions describing in detail the proposed
improvements to be made and whether all of the Units, or one or more but less than all of the
Units, will be subject to the Special Assessment. If less than all of the Units will be subject to
such Special Assessment, the proposal will also include provisions describing which Units will
be subject to such Special Assessment and the mturner in which the total arnount of the Special
Assessment will be allocated among the Units subject to it. In order to approve any Special
Assessment for Voluntary Capital Expenses, the Board must be presented with a petition signed
by owners representing (A) 67% of the votes in the Association if all of the Units will be subject
to the Special Assessment; or (B) 100% of the votes in the Association that are allocated to the
Units that will be subject to the Special Assessment if less than all of the Units will be subject to
the Special Assessment. If the petition presented to the Board contains the requisite number of
signatures, the Board will (subject to any approval right it has over the design ofsuch proposed
improvements pursuant to this Declaration) assess the total amount of a Special Assessment for
Voluntary Capital Expenses against (l) all of the Units, if all of the Units are subject to the
Special Assessment pursuant to the approved proposal, by allocating to each Unit its Common
Allocation of the total amounU or (2) the Units subject to the Special Assessment (if less than all)
pursuant to the approved petition, by allocating to each the portion of the Special Assessment
specified in the approved petition.
614448 RfD AXHANS 06/1106 I 37 PM 34
9.3 Workine Capital Fund. To provide the Association with sufficient working capital to
cover the cost ofunforeseen expenditures or to purchase any additional equipment or services, an
initial "Working Capital Fund" will be established in an amount equal to $4,000 per 3,517 square
foot Unit and $5,000 per 4,430 square foot Unit. For each Unit, the contribution to the Working
Capital Fund is due on the closing of the sale of the Unit to an Owner other than Declarant. Such
contributions will be made by the Owner that purchases the Unit from Declarant at the closing of
the Owner's purchase of its Unit. Amounts contributed to the Working Capital Fund do not
constitute advance payments of General Assessments.
9.4 Payment of Assessments: Notice and Acceleration. Each Owner will pay all General
Assessments and Special Assessments (collectively, "Assessments") assessed against such
Owner's Unit by the Board in accordance with the terms of this Declaration. Each Assessment is
a separate, distinct and personal debt and obligation of the Ormer against whose Unit the
Assessment is assessed. All Assessments are payable in full without offset for any reason
whatsoever. Each Owner's obligation to pay Assessments is entirely independent of any
obligation of the Association to the Owner or of Declarant or any other Owner to that Owner.
Any Assessment or installment of an Assessment not paid within l5 days after it becomes due is
delinquent. If an Assessment or installment of an Assessment is delinquent, the Association may
recover all of the following (collectively, the "Delinquency Costs"): (a) interest from the date
due at the rate established from time to time by the Board (but not to exceed 21o/o per year);
(b) Iate charges and other monetary penalties imposed by the Association pursuant to this
Declaration and the Act; and (c) all collection and enforcement costs, including reasonable
attomeys' fees, incurred by the Association.
9.5 Enforcement of Assessments. The amount of any delinquent Assessments (including any
installments whose due dates are accelerated by the Board pursuant to Section 9'4) and
associated Delinquency Costs may be enforced against the Owner liable for them in either or
both of the following ways (to the extent permitted by law or regulation), at the option of the
Board:
(a) Suit. The Association may bring a suit or suits at law to enforce the Owner's
obligation to pay a delinquent Assessment (including any installments whose due dates are
accelerated by the Board pursuant to Section 9.4) and associated Delinquency Costs. Each
action will be brought in the name of the Association. Any judgment rendered in the action in
favor of the Association will include a sum for reasonable attomeys' fees and costs incurred by
the Association in bringing the action against the defaulting Owner. Upon full satisfaction of the
judgment, the Association, by one of its officers, will execute and deliver to the judgment debtor
an appropriate satisfaction of the judgment.
(b) Lien and Foreclosure. Assessments (including any installments whose due dates
are accelerated by the Board pursuant to Section 9.4) and associated Delinquency Costs
constitute a lien on the Units against which they are assessed from the date due. The lien is
subject to the provisions of Seeien-3&3+++f6 Scction3l6 of the Act.' If an Assessment is
delinquent, if the Association gives a notice conceming the delinquency that substantially
614.148 RED AKHANS 06/12106 l:J7 PM 35
complies with the provisions of Section 9.4, and if the delinquent Assessment is not paid in full
by the due date specified in the notice, then the Association may foreclose the lien securing the
Assessment, any installments whose due dates are accelerated by the Board pursuant to
Section 9.4, and any associated Delinquency Costs in accordance with the laws of the State of
Colorado, subject, however, to the protection afforded First Mortgagees pursuant to
Section 17.3(b).
9.6 Disputes and Records. Any Owner or an Owner's authorized representative may inspect
the books and records of the Association during business hours upon reasonable prior notice. If
an Owner disputes the amount of any Assessment against its Unit and is unable to resolve the
issue through an inspection of the Association's books and records, the Owner will pay in a
timely manner the full amount of the disputed Assessment until, if ever, it is finally determined
that the amount is incorrect (in which case the Association will promptly refund any
overpayment). If the Owner fails to pay the disputed Assessment while the dispute is pending,
the Association may immediately pursue any of its remedies for the failure (including, without
limitation, suit against the Owner and/or foreclosure of its Unit) and the pendency of the dispute
resolution proceeding is not a bar or defense to any actions by the_ Association.
9.7 Owners not Exempt from Liability. No Owner is exempt from liability for payment of
Assessments by waiver of the use or enjoyment of any of the Common Elements, by
abandonment of its Unit. or otherwise.
9.8 Declarant's Responsibility for Assessments. Until the Association levies Assessments,
Declarant will pay the Association's costs and expenses. After Assessments commence as
provided in Section 9.1 Declarant's obligations for Assessments may be satisfied in the form of
cash or by "in kind" contributions of services or materials to the Association, or by any
combination of these.
10.1 Permitted Unit Alterations.
Article 10, construct an alteration
that:
Article l0
ALTERATIONS
An Owner may, subject to
or imorovement to its Unit
the terms and provisions of this
(a "Permitted Unit Alteration")
(a) does not, either during construction or after completion, impair the structural
stability, or building systems of, including, without limitation, any acoustical separation
assemblies or other components designated to mitigate the transmission of sound through walls
and other physical separations, or diminish the support of any portion of the Condominium
Project;
(b) does not, during construction, substantially and unreasonably impair the use of
any Common Element by any Owner or Permittee entitled to use that Common Element;
6I444E RED AKHANS 06/1206 I ]7 PM 36
(c) does not, during construction, change the appearance of or otherwise adversely
affect the Common Elements:
(d) does not, after completion, change the appearance ofor otherwise adversely affect
the Common Elements; and
(e) does not, after completion, affect the appearance of the Condominium Project,
when viewed from any area outside the altered Unit.
At least 30 days prior to the commencement of construction, an Owner intending to perform a
Permitted Unit Alteration will provide plans and specifications for the Permitted Unit Alteration
to the Board. Any change, addition, alteration or improvement of any Unit that does not
constitute a Permitted Unit Alteration is prohibited (unless otherwise permitted pursuant to this
Article l0) and may be enjoined by the Association or any aggrieved Owner, subject to the
provisions of Section 4.10. In no event shall any Owner or the Association enclose or cause to
be enclosed any Deck.
10.2 Boundarv Relocation. Except as provided in Section 2.5, the Owner(s) of one or more
adjoining Unit(s) may make a Boundary Relocation affecting the Unit(s) owned by the Owner(s)
in accordance with this Section 10.2. The Owner(s) of the Unit(s) directly affected by any
proposed Boundary Relocation will make an application to the Board for the Boundary
Relocation, signed by those Owner(s), which includes the following:
(a) plans and specifications for the proposed Boundary Relocation in the level of
detail required by the Board showing all walls, doors and other improvements that will be
demolished or constructed (if any);
(b) evidence sufficient to the Board (which evidence may include, if applicable,
reports of licensed architects or structural or mechanical engineers) that the proposed Boundary
Relocation will comply with the requirements of Sections 10.1(a) through 10.1(e);
(c) evidence suffrcient to demonstrate to the Board that the proposed Boundary
Relocation will comply with all appticable laws (including, without limitation, zoning,
subdivision and building codes), and either that the proposed Boundary Relocation will not
violate the terms of any Security for an Obligation encumbering the affected Unit(s) or that the
respective Security Holder(s) have approved the proposed Boundary Relocation;
(d) the proposed reallocation of interests, if any, such as reallocation of Common
Allocations, or any other rights or responsibilities allocated among the Units pursuant to this
Declaration (which reallocation must be based on the same formulas as set forth in this
Declaration for the allocations being changed);
(e) a form of proposed amendment to this Declaration (including the Map) sufficient
to show the altered boundaries of the affected Unit(s), their dimensions and identiffing numbers
and the reallocation ofinterests, ifany, proposed pursuant to Section 10.2(d);
614448.RED AKHANS 06112t06 |:31PM 37
(f) a deposit against attorneys' fees and costs which the Board may incur in
reviewing and effectuating the application, in an amounl reasonably estimated by the Board; and
(g) other information as the Board may reasonably request.
When the Board determines that the submitted application satisfies the requirements of
Sections 10.2(a) through 10.2(g), it will consider the proposed application and vote whether to
approve it. If the proposed Boundary Relocation and related amendment are approved by the
affirmative vote of at least two-thirds of the members of the Board, the Board will cause the
amendment to be signed by the president or another authorized officer of the Association,
acknowledged and Recorded. The Owner(s) requesting a Boundary Relocation will pay all costs
and expenses incurred by the Board or the Association in connection with the Boundary
Relocation.
10.3 Connection of Adjoinins Units.
(a) Two adjoining Units may be connected without combining those Units into a
single Unit, so that each connected Unit will retain its separate identity, identifuing number, and
Common Allocation (a "Unit Connection"), if the Board approves the Unit Comection in
accordance with the following provisions. The Owner of the Units to be connected pursuant to a
proposed Unit Connection will make an application to the Board for the Unit Connection, signed
by the Owner, which (i) identifies the Units to be connected; (ii) specifies, in such detail as
required by the Board, all demolition or construction necessary to create the connecting
opening(s) in the wall between the Units to be connected (the "Shared Area"); and (iii) includes
any other information reasonably requested by the Board.
(b) The Board will approve an application for a Unit Connection if all of the
following conditions are satisfied: (i) the Units to be connected by a proposed Unit Connection
are owned by the same Owner; (ii) sufficient evidence is presented to the Board that the
proposed Unit Connection (A) will comply with all applicable laws (including, without
limitation, zoning and building codes); and (B) either will not violate the terms of any Security
for an Obligation encumbering the Unit(s) or has been approved by the respective Security
Holder(s); (iii) the creation of the Shared Area will not impair or adversely affect (A) the
structural stability or building systems of the Building or the Condominium Project; (B) a"y
Easement or right granted pursuant to this Declaration; or (C) any Common Element other than
the wall(s) dividing the Units to be connected which is or are to be demolished to create the
Shared Area; and (iv) the Owner of the Units to be connected agrees to such other conditions
imposed by the Board (which may include, without limitation, a requirement that construction
and demolition work relating to the proposed Unit Cornection be commenced and completed
within a reasonable time).
(c) If the Board approves an application for a Unit Connection, then it will
concurrently redesignate the Shared Area from a General Common Element to a Limited
Common Element. Upon redesignation, the Shared Area will be allocated to the two Units
connected pursuant to the Unit Connection. Upon approval of a Unit Connection, the Board will
6I4448.RED AKH.ANS 06/12/06 I 17 PM 38
also cause a statement executed by the president or another authorized officer ofthe Association
to be Recorded that (i) identifies the two Units connected by the Unit Connection; (ii) gives
notice that those Units are the subject of an approved Unit Connection pursuant to this
Declaration; (iii) gives notice that those Units may not be conveyed apart from one another until
the Board approves a Unit Disconnection (as defined below in Section 10.a(a)) regarding those
Units; and (iv) specifies any conditions imposed by the Board pursuant to Section 10.3(b). From
and after the Recording of the statement, the Units described in it may not be conveyed apart
from one another and any attempt to do so is void and of no force or effect until the Board
approves a Unit Disconnection regarding those Units. The Owner requesting a Unit Connection
will pay all costs and expenses incurred by the Board or the Association in connection with the
Unit Connection.
10.4 UnitDisconnection.
(a) Subject to the provisions of this Section 10.4, the Board may disconnect Units
connected pursuant to a Unit Connection (a "Unit Disconnection') if (i) the Owner of the
connected Units makes an application requesting that the connected Units be disconnected and
satisfies any conditions imposed by the Board regarding the proposed Unit Disconnection; or
(ii) the Owner of the corurected Units fails to satisfy the conditions imposed by the Board
pursuant to Section 10.3(b). An application made pursuant to clause (i) above will be signed by
the Owner; identify the Units to be disconnected; specify, in such detail as required by the Board,
all demolition or construction necessary to replace the wall dividing the Units to be disconnected
that existed between the Units before the creation of the Shared Area; and include any other
information reasonably requested by the Board.
(b) The Board will approve an application for a Unit Disconnection if all of the
following conditions are satisfied: (i) sufficient evidence is presented to the Board that the
proposed Unit Disconnection will comply with all applicable laws (including, without limitation,
zoning and building codes); (ii) sufficient evidence is presented to the Board either that the
proposed Unit Disconnection will not violate the terms of any Security for an Obligation
encumbering the Unit(s) or that the respective Security Holder(s) has or have approved the
proposed Unit Disconnection; (iii) the replacement of the wall at the Shared Area will not impair
or adversely affect (A)the structural stability or building systems of the Condominium Project,
(B) any Easement or right granted pursuant to this Declaration, or (C) any Common Element
other than the wall dividing the Units to be disconnected which is or are to be constructed; and
(iv) any conditions imposed by the Board conceming the proposed Unit Disconnection.
(c) If the Board approves a Unit Disconnection, it will concurrently redesignate the
Shared Area of the connected Units from a Limited Common Element to a General Common
Element and cause a statement executed by the president or another authorized officer of the
Association to be Recorded that (i) identifies the Units to be discorurected by the Unit
Disconnection; (ii) gives notice that those Units are no longer the subject of a Unit Connection
(and, therefore, may thereafter be conveyed separately); and (iii) specifies any conditions
imposed by the Board pursuant to Section 10.4(b) that must be satisfied before the Unit
6H448 RED AKHANS 06/t2J06 I l7 PM 39
Connection is effective. Within the time period specified by the Board (which time period will
not exceed 60 days from the date of Board approval of a Unit Disconnection), the Owner of the
Units to be disconnected will replace at its cost and expense the wall that existed between the
Units before the creation of the Shared Area. The Owner will pay all costs and expenses
incurred by the Board or the Association relating to the Unit Disconnection.
10.5 Construction. Any Owner(s) performing any construction or demolition work relating to
a Permitted Unit Alteration, a Boundary Relocation, a Unit Connection or a Unit Disconnection
(any of which is refened to in this Section 10.5 as an "Alteration") will comply with the
following additional provisions:
(a) such Owner(s) will obtain all necessary permits and govemmental authorizations
for the Alteration:
(b) such Owner(s) will comply with the Rules when constructing the Alteration;
and
(c)
building
the Alteration
codes and other
and the construction of it will comply with all applicable zoning
applicable laws, ordinances and restrictive covenantsjtrcludirg
(d) prior to commencing any construation, such Owner(s) will provide the Board with
evidence sufficient to demonstrate that the insurance required to be maintained by such Owner(s)
pursuant to Section ll.2 is in full force and effect and that the contractor performing the work
maintains worker's compensation insurance in the amount required by law and contractor's
liability insurance with the limits the Board reasonably requires;
(e) such Owner(s) will cause the Alteration to be constructed and completed
diligently, in a good and workmanlike manner, and free and clear of all mechanics' and
materialmen's liens and other claims or liens;
(f) during the construction process, such Owner(s) will, to the extent consistent with
good construction practice, keep the area affected in a safe, neat and clean condition;
(g) such Owner(s) will minimize any impact from the construction process on other
Units or Common Elements;
(h) such Owner(s) will perform the Alteration work, or cause the work to be
performed, in a manner that maintains harmonious labor relations and does not interfere
unreasonably with or delay the work of any other contractors then working anywhere on the
Condominium Project;
(i) such Owner(s) will reimburse the Association for all costs incuned by the
Association in connection with the Alteration, such as the increase in costs of trash removal due
to the performance of the Alteration work; and
614448 RED AKHANS 06,/12106 l:17 PM 40
CI) such Owner(s) will pay or cause to be paid all costs of design and construction of
the Alteration.
10.6 Alteration of Common Elements.
(a) Except to the extent permitted in connection with an approved Boundary
Relocation, Unit Connection or Unit Disconnection, and except as otherwise provided in
Section 5.2, no Owner or Owner's Permittee may construct anything upon, remove anything
from, or alter any of the Common Elements, or paint, decorate or landscape any portion of the
Common Elements. Notwithstandhg the preceding sentence, in addition to the permitted
Alterations described in the preceding sentence, an Owner may make an alteration to a Limited
Common Element allocated to the Owner's Unit upon the prior written approval of the
Association, which approval may be granted or withheld in the sole and absolute discretion of
lhe Association. If the Association, in its reasonable discretion pursuant to the preceding
sentence, permits an Owner to make an alteration to a Limited Common Element allocated to the
Owner's Unit, the Owner shall perform such work according to the standards prescribed for an
Alteration in Section 10.5 and subject to any other conditions the Association, in its reasonable
discretion, may impose. In any event, no Owner or Owner's Permittee may do anything which
impairs or negatively affects (i) the structural stability or building systems of the Condominium
Project; (ii) any Easement or right granted pursuant to this Declaration; or (iii) any Common
Element.
(b) The Association may construct an alteration or improvement to a Common
Element (a "Common Alteration") if (i) the Common Alteration does not permanently impair the
structural stability or building systems of or lessen the support of any portion of the
Condominium Project Qtrovided, however, that any impairment will not be deemed permanent if
it is susceptible of being cured and will be cured by the proposed Common Alteration); (ii) the
Common Alteration does not have a materially adverse effect, either during construction or upon
completion, upon the use of any Unit or Limited Common Element for its permitted purposes
(unless the Owner of the affected Unit consents in writing to the Common Alteration); and
(iii) the cost of the Common Alteration constitutes a Common Expense and a budget that
includes such cost is ratified by the Owners pursuant to Section 6.3, or the cost of the Common
Alteration constitutes a Voluntary Capital Expense and a Special Assessment is approved
pursuant to Sectiong.2(e). The Association will comply with the provisions of Section 10.5
(except Section 10.5(i)) in constructing any Common Alteration, as if the Association were an
Owner.
10.7 Alterations by Declarant. Nothing in this Article l0 restricts or prohibits Declarant from
making any alteration or improvement that Declarant has reserved the right to make pursuant to
Section 2.9(b) or 2.9(c). The provisions of this Article 10 do not apply to any alteration or
improvement made by Declarant pursuant to Section 2.9(b) ot 2.9(c).
614448 RED AI(HANS O6/lZm I 17 PM 4l
Article 1l
INSURANCE
I 1.1 Association's Insurance. The Association has the following responsibilities with respect
to insurance and, except as otherwise expressly provided in this Declaration, the cost of all
insurance maintained by the Association under this Section ll.1 will be included in Common
Expenses.
(a) Property Insurance. The Association will obtain and maintain property insurance
in amounts, against risks, and containing provisions as the Board reasonably determines from
time to time. At a minimum, the Association's insurance will insure against all risks of direct
physical loss for 100% of the full replacement cost (at the time the insurance is purchased and at
the renewal date) of (l) the Common Elements and all fixtures, improvements and alterations
situated on or constituting a part of the Common Elements; and (2) any personal property of the
Association situated in the Common Elements or used in the operation or maintenance of the
Common Elements. The Association's insurance may exclude land, excavations, foundations
and other items normally excluded from property policies and may provide for a deductible in an
amount not to exceed a reasonable and prudent amount as determined by the Board. The
Association's property insurance will be maintained in the name of the Association, for the use
and benefit of all Owners, who shall be named as additional insureds, and Security Holders, who
may be named as additional insureds, as their interests may appear. To the extent available such
property insurance also will (i) contain no provisions by which the insurer may impose a so-
called "co-insurance" penalty; (ii) permit a waiver of claims by the Association, and provide for
a waiver of subrogation rights by the insurer as to claims, against each Owner and the members
of the Owner's household; (iii) be written as a primary policy, not contributing with and not
supplemental to any coverage that any Owner carries; (iv) provide that, notwithstanding any
provision that gives the insurer an option to restore damage in lieu of making a cash settlement,
the option may not be exercised if the proper party(ies) elect(s) not to restore the damage in
accordance with the provisions of this Declaration or the Act; (v) provide that no act or omission
by any Owner, unless acting within the scope of the Owner's authority on behalf of the
Association, voids the policy or is a condition to recovery under the policy; (vi) provide that it
may not be canceled, nor may coverage be reduced, without 30 days prior notice to the
Association and all additional insureds named in the policy; and (vii) include so-called "inflation
guard," "building ordinance or law" "steam boiler and machinery coverage" endorsements. Il as
a result of any improvements or alterations made to or concerning a Unit by its Owner, the
premium for the Association's property insurance policy is increased to an amount exceeding
what the premium would have been if the Owner had not made the improvements or alterations,
the Board may assess the amount of the increase in premium against the Owner's Condominium
as a Reimbursable Expense pursuant to Section 9.2(c).
(b) Liability Insurance. The Association will obtain and maintain Comprehensive
Liability Insurance for bodily injury and property damage for the benefit of the Association and
its officers, directors, agents and employees in amounts and with coverage as determined from
time to time by the Board. AII Owners shall be named as additional insureds for claims and
614448 RED AKHANS 06/1206 l:l? PM 42
liabilities arising in connection with the ownership, use or management of the Common
Elements. Such liability insurance will have a combined single occurrence limit of not less than
$5,000,000 and, to the extent available on reasonable terms, will (i) be on a commercial general
liability form; (ii) contain a "severability of interest" or "cross-liability" endorsement which
precludes the insurer from denying the claim of any named or additional insured due to the
negligent acts, errors or omissions of any other named or additional insured; (iii) contain a
waiver of subrogation by the insurer as to claims against the Association, its directors, officers,
employees and agents, Owners and members of their households, and Declarant; (iv) be written
as a primary policy, not contributing with and not supplemental to any coverage that any Owner
may carry; (v) provide that no act or omission by any Owner, unless acting within the scope of
such Owner's authority on behalf of the Association, voids the policy or is a condition to
recovery under the policy; (vi) insure all of the named and additional insured parties against
liability for negligence resulting in death, bodily injury or property damage arising out of or in
connection with the operation, use, ownership or maintenance of the Common Elements; and
(vii) provide that it may not be canceled, nor may coverage be reduced, without 45 days' prior
notice to the Association and all additional insureds named in the policy. The liability insurance
required to be maintained under this Section 11.1(b) will not include coverage for any liability
arising out of the operation, use, ownership or maintenance of any Unit-
(c) Worker's Compensation and Emplover's Liabilitv. The Association will obtain
and maintain worker's compensation and employer's liability insurance as determined from time
to time by the Board. At a minimum, the Association will maintain such insurance il amounts
and with coverages required by applicable law.
(d) Automobile Insurance. If the Association operates owned, hired or non-owned
vehicles, the Association will obtain and maintain comprehensive automobile liability insurance
at a limit of liability of not less than $500,000 for combined bodily injury and property damage.
(e) Directors' and Officers' Insurance. The Association will obtain and maintain
directors' and officers' liability coverage in the amount it determines from time to time.
(0 Fidelity Insurance. The Association will obtain and maintain fidelity insurance
covering losses resulting from dishonest or fraudulent acts committed by the Association's
directors, officers, managing agents, trustees, employees or volunteers who manage the funds
collected and held for the benefit of the Association. The policy will name the Association as the
insured, (or obligee) include a provision requiring at least 30 days' written notice to the
Association before any cancellation of, or material modification in, the policy, and provide
coverage in an amount equal to at least three months' General Assessments against all Units,
based on the General Assessments most recently approved by the Board. If the Association
engages a managing agent that handles funds of the Association, the managing agent will also
maintain hdelity insurance satisfying the foregoing requirements of this Section 1l.l(f) and the
Act and provide evidence ofthe coverage to the Board.
(g) Other Insurance. The Association may obtain and maintain other insurance as the
Board, from time to time, deems appropriate to protect the Association or the Owners'
614448 RED AKHANS 06/12106 l.l7 PM 43
(h) Licensed Insurers. All policies of insurance required to be maintained by the
Association will be placed with insurers licensed in the State of Colorado. The carrier shall be
required to provide to the Board at the inception ofthe policies and on each anniversary date, a
summary that includes a description of the type of policy, the coverage and limits of coverage,
the amount of annual premium and the policy renewal dates. If obtainable without additional
expense, the licensed insurance broker or agent shall certify that the policy complies with and
satisfies the requirements of the section.
ll.2 Owners' Insurance. Each Owner has the following responsibilities with respect to
insurance:
(a) Property Insurance. Each Owner will maintain at its expense (or will cause its
Permittee to maintain at its expense) property insurance upon the Owner's Unit and all personal
property and fixtures within the Owner's Unit or in any Limited Common Element allocated to
the Owner's Unit, in such amounts, against such risks, and containing such provisions as the
Owner may reasonably determine from time to time. Such property insurance will (i) permit a
waiver of claims by the Owner, and provide for a waiver of subrogation rights by the insurer as
to claims, against the Association, its directors, officers, employees and agents, the other Owners
and the members of such Owners' household; (ii) be written as a primary policy, not contributing
with and not supplemental to any coverage that the Association carries; and (iii) provide that,
notwithstanding any provision that gives the insurer an option to restore damage in lieu of
making a cash settlement, the option may not be exercised if the proper party(ies) elect not to
restore the damage in accordance with the provisions of this Declaration or the Act. All
insurance canied under this Section ll.2(a) will provide that it may not be canceled, nor may
coverage be reduced, without 30 days' prior notice to the Association and, notwithstanding that
each Owner may select the amount and type of such insurance, for purposes of the waiver of
claims set forth in Section I 1.4, each Owner is deemed to have elected to obtain such insurance
on a 100% replacement cost basis.
(b) Liability Insurance. Each Owner will maintain at its expense bodily injury and
property damage liability insurance for the benefit of the Owner and any additional insured it
names, in amounts and with coverage as are from time to time customarily maintained by
prudent owners of similar property; provided that such liability insurance will (i) have a
combined single occurrence limit of not less than $500,000; (ii) be written as a primary policy,
not contributing with and supplemental to any coverage that the Association or another Owner
carries; (iii) insure all ofthe named and additional insured parties against liability fornegligence
resulting in death, bodily injury or property damage arising out of or in connection with the
operation, use, ownership or maintenance of the Owner's Unit; and (iv) contain a waiver of
subrogation by the insurer as to claims against the Association, its directors, officers, employees
and agents, owners and members of their households, and Declarant.
(c) Other Insurance. Each Owner may obtain additional insurance, at its own
expense, affording personal property, condominium assessment, loss of rents, personal liability
and any other coverage obtainable, to the extent and in the amount the Owner deems necessary
614448 RED AKHANS O'I2j06 I ]7 PM 44
to protect its interests. Any such insurance will contain waivers pursuant to Section ll.4 and
will provide that it is without contribution as against the insurance maintained by the
Association.
(d) Assienment of Proceeds. If a casualty loss is sustained and there is a reduction in
the amount of proceeds that would otherwise be payable under any policy of insurance carried by
the Association due to the existence of any insurance carried by an Owner or Permittee, that
Owner or the Owner of the Permittee's Unit is liable to the Association to the extent of the
reduction and will pay the amount of the reduction to the Association upon demand; such Owner
also hereby assigns the proceeds of its insurance, to the extent of such reduction, to the
Association.
11.3 Certificates of Insurance: Notices of Unavailability. Each Owner will provide to the
Association at the closing of the purchase of its Unit and no less than 10days subsequent to
expiration of any coverage, certificate(s) of insurance evidencing the insurance required to be
carried under Sections I 1.2(a) and I 1.2(b). The Association will provide each Owner certificates
of insurance evidencing the insurance required to be carried by the Association under
Sectionsll.l(a) and ll.l(b) and naming each Owner as an additional insured under such
policies. If the insurance described in Sections I I .l (a) and 1 I . I (b) is not reasonably available,
or ifany policy ofsuch insurance is canceled or not renewed and the Association does not obtain
a replacement policy for it, the Association promptly will give notice of the fact to all Owners.
11.4 Waiver of Claims. The Association will make no claim against any Owner or the
members of the Owner's household, for any loss, damage, injury or liability, no Owner will
make any claim against the Association, its directors, officers, employees or agents, or any other
Owner or member of such Owner's household for any property loss or damage to property, and
all such claims are hereby waived, to the extent that the loss, damage, injury or liability is or
would be covered by any insurance policy that is required under this Declaration (a) to be
maintained by or for the benefit of the waiving Person (assuming in the case of property
insurance policies that such insurance policy is maintained on a 100% replacement cost basis),
and (b) to provide for a waiver of subrogation rights by the insurer. For purposes of this
Section I1.4, the deductible or self-insured retention amount under any property insurance policy
required to be, or in fact, maintained by a waiving Person is deemed to be covered by the policy
so that, in addition to waiving claims for amounts in excess of the deductible or self-insured
retention (up to the covered limits, or deemed covered limits, of the policy), the waiving Person
waives all claims for amounts within the deductible or self-insured retention.
11.5 Proceeds. Except as provided in Section 11.2(d), the Association has no claim to and
each Owner may receive all proceeds of any insurance policy maintained by such Owner. The
Board is solely responsible for adjustment of any losses under insurance policies maintained by
the Association and is hereby irrevocably appointed the agent of all Owners, Security Holders
and other Persons having an interest in the Condominium Project for purposes of adjusting all
claims arising under insurance policies maintained by the Association and executing and
delivering releases when claims are paid. The Association shall receive all proceeds of any
614448.R8D AKHAIiS 061 12106 | :11 PM 45
insurance policy maintained by the Association, except other insured parties under liability
insurance policies will be entitled to proceeds arising out of their insured losses. The
Association will hold any proceeds of any property insurance it maintains in trust for the for the
Owners and Security Holders. The Board will disburse the proceeds of any property insurance
relating to damage to any Unit or Common Element in accordance with Section 12.2.
Article 12
CASUALTY
l2.l Restoration Decision. If any Unit or Common Element is damaged or destroyed by fire
or other casualty (a "Casualty"), the provisions of this Article 12 apply. Promptly after any
Casualty occurs, the Board will obtain at least two bids from licensed contractors for the full and
lawful repair and restoration of all damaged Units and Common Elements. Upon receiving the
bids and after sufficient discussions with the adjuster for the Association's insurer, the Board
will notify the Owners of the amounts of the bids, the probable amount of insurance proceeds
and other funds (such as funds in the Reserve Account) that are available for restoration, and
whether, based on that information, the Board believes a Restoration Deficit will result if the
Owners elect to fully restore all damaged Units and Common Elements. In the notice, the Board
will also call a meeting of the Owners to vote on the question of whether to fully restore all
damaged Units and Common Elements. The Association will fully restore the damaged Units
and Common Elements to their condition prior to the Casualty and as required by law, and the
Board will promptly enter into construction contracts and proceed with the restoration work,
unless at the meeting:
(a) The Condominium Project is terminated pursuant to Article l4; or
(b) At least 67%o of all Owners, including the Owner of any Unit whose boundaries
will be changed or the use or enjoyment of which (including its allocated Limited Common
Elements) will be prevented or materially impaired as a result of not fully restoring all damaged
Units and Common Elements, vote (i) not to fully restore all damaged Units and Common
Elements and not to terminate the Condominium Project; (ii) to approve plans and speciftcations
for a limited restoration that will restore the damaged area to a condition compatible with the
remainder of the Condominium Project and that may include, without limitation, demolition,
restoration or alteration of all or part of any damaged Unit or Common Element; and (iii) to
adopt, if applicable, an amendment to this Declaration (including the Map) to reflect the
conversion of all or part of one or more damaged Unit(s) to Common Elements or of all or part
of one or more damaged Common Element(s) to one or more Unit(s) and the corresponding
reallocation of the Common Allocations allocated to the Units pursuant to this Declaration
(which reallocation will be based on the same formula set forth in this Declaration for
determining the Common Allocations).
If the Condominium Project is terminated, the Association will perform limited restoration of the
Units and Common Elements as necessary to retum them to a safe, lawful and saleable
condition. If the Owners vote not to fully restore all damaged Units and Common Elements and
not to terminate the Condominium Project, the Association will perform the limited restoration
614448 RED AKI|ANS 06/12106 l -17 PM 46
and Record the amendment to this Declaration, if any, approved by the requisite number of
Owners pursuant to Section 12.1(b). If, however, the Owners elect to fully restore all damaged
Units and Common Elements, the Board will assess a Special Assessment pursuant to
Section 9.2(d) to the extent necessary to cover any Restoration Deficit.
12.2 Disposition of Insurance Proceeds. All proceeds of property insurance received by or
disbursed to the Association in connection with a Casualty will be applied first to the full or
limited restoration of the damaged Units and Common Elements, as provided in Section 12.1,
and then, if any insurance proceeds remain after the full or limited restoration, the excess
proceeds will be paid to the Owners, subject to the rights of their Security Holders, as follows:
(a) if the Owners elect not to fully restore all damaged Units and Common Elements
and to terminate the Condominium Project pursuant to Article 14, then each Owner will be paid
its Unit's Termination Allocation of the excess proceeds pursuant to Section 14.3;
(b) if the Owners elect not to fully restore all damaged Units and Common Elements
and not to terminate the Condominium Project, then any of such excess proceeds attributable to
any damaged Units that are not restored or to any Common Elements that are not restored and
were necessary for the use and enjoyment of any Units or Limited Common Elements that are
not fully restored will be paid to the Owners of these Units or the Owners of the Units to which
those Limited Common Elements are allocated to the extent of the insurance coverage allocated
to those Units or Common Elements, and each Owner will be paid its Unit's Common Allocation
ofthe remainder ofthe excess proceeds, ifany; or
(c) if the Owners elect to fully restore all damaged Units and Common Elements,
then each Owner will be paid its Unit's Common Allocation of the excess proceeds.
12-3 Manner of Restoration. The restoration of any Unit or Common Element under this
Article l2 is subject to the following requirements:
(a) Plans. Except in the case of a limited restoration in accordance with
Section l2.l(b), the restoration will be completed in accordance with the as-built plans and
specifications of the Unit or Common Element immediately prior to the damage.
(b) Requirements. The Association will:
(D obtain all necessary permits and govemmental authorizations for the
restoration;
(ii) comply with all applicable zoning and building codes and other applicable
laws, ordinances and restrictive covenants;
(iiD perform the restoration in a diligent, good and workmanlike manner, free
and clear of all mechanics' and materialmen's liens and other claims;
614448 RED AKHANS 06I2/06 I ]? PNI 47
(iv) during the construction process, to the extent required by good
construction practices, keep the area affected thereby in a safe, neat and clean condition;
(v) minimize any impact from the constructiqn process on other Units or
Common Elements or other portions of the Condominium Project; and
(vi) perform any restoration or construction work, or cause such work to be
performed, in a manner that maintains harmonious labor relations and does not interfere
unreasonably with or delay the work of any other contractors then working an)'\Mhere on
the Condominium Project.
(c) Coordination by Association. The Association has full authority and
responsibility to coordinate the manner of completion and scheduling of any restoration under
this Article 12 to ensure the completion of the restoration in an efficient manner. Each Owner
will cooperate and cause its contractors and agents to cooperate in the Association's coordination
of any restoration. As used in this Article 12, a "restoration" will include any repair,
replacement, restoration, reconstruction, construction or demolition required as a result of any
damage or destruction.
12.4 No Abatement. Each Unit will continue to be subject to Assessments following any
damage to or destruction of any portion of the Condominium Project, without abatement or
modification as a result of the damage or destruction.
Article 13
CONDEMNATION
13.1 Takine of Condominiums. If all or a part of any Unit or the use of, but not title to, any
Limited Common Element allocated to the Unit, is taken by the exercise of the power of eminent
domain or is conveyed in lieu of such exercise (collectively, "Taking"), the Owner of the Unit is
solely responsible for negotiating with the condemning authority conceming the award for the
Taking and may receive the award after the liens of all Security Holders on the affected Unit or
portion of it are satisfied or otherwise discharged. If only part of a Unit is acquired by a Taking,
the Owner of the Unit is responsible for restoring the Unit as necessary to return the Unit to a
safe and lawful condition that does not adversely affect the use or enjoyment of the other Units
or Common Elements or detract from the general character or appearance of the Condominium
Project. The plans and specifications for the restoration are subject to the Board's prior
approval. The restoration will be completed in accordance with the approved plans and
specifications and the provisions of Section 12.3(b), as if the Owner of the Unit to be restored
were the Association. If a condemning authority acquires by a Taking all or a part of one or
more Units in such a manner that such Unit(s) is or are no longer subject to this Declaration, then
the Association will consider and pass, pursuant to Article 15, an amendment to this Declaration
revising the Common Allocation of each of the remaining Units, and, if necessary, the allocation
of any Limited Common Element previously allocated to the Unit(s) that is or are no longer
subiect to this Declaration.
6144,18 RED AKHA,\S 06/12/06 l:17 PM 48
13.2 Taking of Common Elements. A "Common Element Taking" means any Taking by
which a condemning authority acquires title to any Common Element. The Board is solely
responsible for negotiating, and may negotiate with the condemning authority on behalf of all
Owners conceming, the amount of the award for any Common Element Taking, and the Board's
acceptance of an award is binding on all Owners. If a Common Element Taking occurs, the
Association is responsible for restoring the remaining Common Elements as necessary to retum
them to a safe and lawful condition that does not adversely affect the use or enjoyment of the
Units or other Common Elements or detract from the general character or appearance of the
Condominium Project. If the net award (i.e., net of costs of collection) received by the
Association from any Common Element Taking exceeds the amount actually incurred by it in
connection with any required restoration of the Common Elements, the Association will pay or
credit each Owner with its Unit's Termination Allocation of the excess condemnation award, as
if the award lesulted from a sale of the Condominium Project pursuant to Section 14.2; provided,
however, that the valuation date used to determine the fair market value of each Unit pursuant to
Section 14.3 for purposes of determining the Termination Allocations will be the date
immediately preceding the earlier of the date that title or the date that possession is transferred to
the condemning authority in connection with the Common Element Taking. If the net amount of
the award so received is insufficient to effect such restoration, the Board may assess a Special
Assessment to cover the Restoration Deficit in accordance with Section 9.2(d).
Article 14
TERMINATION
14.1 Termination Agreement. The Condominium Project may be terminated only pursuant to
a written agreement to terminate executed and acknowledged (or ratified and acknowledged in
writing) by the Owners of Units to which 67Yo of the votes in the Association are allocated (a
"Termination Agreement"). A Termination Agreement is effective when (a) the requisite
number of Owners have executed and acknowledged it or a ratification of it, and (b) the
Termination Agreement and all ratifications, if any, are Recorded. A Termination Agreement
will state a date after which it is automatically void unless it is effective by that date. A
Termination Agreement will also state that, when it becomes effective, the Condominium Project
is deemed terminated and the Association will sell the Condominium Project, including all Units
and Common Elements, on behalf of all Owners, upon terms and conditions of sale approved by
the Board, providedthat those terms will be at least as favorable as the minimum terms set forth
in the Termination Agreement.
14.2 Sale of Condominium Pro.iect. When a Termination Agreement becomes effective, the
Condominium Project is deemed terminated, the Association will sell the entire Condominium
Project (i.e., all Units and all Common Elements) for the benefit of the Owners, and the resulting
sales proceeds will be allocated in accordance with Section 14.3. Upon approval of a
Termination Agreement, (a) each Owner (including dissenting Owners) is deemed to grant the
Association, acting through its officers under the authority of the Board, an irrevocable power of
attomey, coupled with an interest, to sell the Condominium Project for the benefit of the Owners,
and (b) accordingly, the Association has full and complete authority, right and power to make,
614448.R8D AKHANS 06/ l2106 l:l7PM 49
execute and deliver any contract, deed or other instrument necessary and appropriate to
accomplish that purpose. Notwithstanding the termination of the Condominium Project, the
Association (and its officers and the Board) will continue to exist and hold office, respectively,
with all of its and their powers specified in this Declaration and the Bylaws (including, without
limitation, the power to impose Assessments) until the Condominium Project is sold and all
proceeds (i.e., sales proceeds and, ifapplicable, insurance proceeds or condemnation proceeds)
are distributed. Unless otherwise specified in the Termination Agreement or otherwise
precluded by law, until a sale of the Condominium Project is concluded, each Owner has an
exclusive right to oacupy its former Unit and remains liable for all Assessments and other
obligations imposed on the Owner pursuant to this Declaration.
14.3 Proceeds. The Association will pay to each Owner its Unit's Termination Allocation of
the net proceeds of the sale of the Condominium Project following termination of the
Condominium Project (together with any insurance proceeds or condemnation proceeds).
However, no payment will be made to an Owner until all liens on its Condominium are paid out
of the Owner's share of the proceeds, in the order of priority of such liens. A Unit's
"Termination Allocation" means the percentage obtained by dividing the fair market value of the
Condominium of which the Units is a part by the total fair market values of all of the
Condominiums. The valuation date used in determining the fair market value of each
Condominium is the date immediately prior to the date the Termination Agreement becomes
effective (or, if the termination is attributable to a Casualty where the Owners elect to terminate
the Condominium Project pursuant to Section l2.l(a), the valuation date is the date immediately
prior to the date on which the casualty occurred). The fair market value of each Condominium
as of the appropriate valuation date will be determined by one or more independent appraisers
selected by the Board. The Association will distribute to the Owners the values determined by
the independent appraisers. Those values are final and binding on all Owners for purposes of
establishing the Termination Allocations unless within 30 days after distribution they are
disapproved in writing by the Owners of Units to which at least 25% of the votes in the
Association are allocated.
Article 15
AMENDMENT
15. I Required Votes.
(a) Declarant, without the vote or consent of the Board or the Owners, may amend
this Declaration or the Map to correct clerical, typographical or technical errors.
(b) Declarant, without the vote or consent of the Board or the Owners, may amend
the Declaration to comply with the requirements, standards or guidelines of recognized
secondary mortgage markets, the U.S. Department of Housing and Urban Development, the
Federal Housing Administration, the Veteran's Administration, the Federal Home Loan
Mortgage Corporation, the Government National Mortgage Association or the Federal National
Mortgage Association.
6144:lE RED AKHANS 06/l?/06 l:17 PM 50
(c) Amendments to this Declaration contemplated by Sections 10.2 and 13.1 may be
made by the Board on behalf of the Association and do not require the approval of the Owners.
Amendments to this Declaration contemplated by Sections 2.9(a), 2.9(c), and 2.9(g) may be
made by Declarant and do not require the approval of the Owners.
(d) Except as otherwise expressly permitted under this Declaration and the Act, any
amendment to this Declaration that increases the Special Declarant Rights, increases the
maximum number of Units, or changes the boundaries of any Unit or the allocated interests of
any Unit, requires the vote or agreement of the Owners of Units to which at least 67oh of the
votes in the Association are allocated. includine 670/o of Ihe votes allocated to Units not owned
by Declarant.
(e) Except as otherwise expressly permitted under the Act, any amendment to this
Declaration that changes the uses to which any Unit is restricted requires the vote or agreement
of the Owners of Units to which at least 670/o of the votes in the Association are allocated.
(D Any amendment to this Declaration that changes a specific clause or provision
prescribing a certain percentage of affirmative votes or written consents for action to be taken
under that clause or provision, requires the affirmative vote or written consent of those Owners
ofUnits to which at least that percentage (as prescribed in that clause or provision) ofthe votes
in the Association are allocated.
(g) Any amendment to this Declaration made during the Declarant Control Period
affecting a right that Declarant may exercise during that period or any amendment to this
Declaration made during the Declarant Development Period affecting a right that Declarant may
exercise during that period requires the written approval of Declarant in each case.
(h) Except as provided in Sections lS.l(a) through Section 15.1(9), this Declaration
(including the Map) may be amended by the affirmative vote or written consent of the Owners of
Units to which more than 50o/o of the votes in the Association are allocated.
15.2 Amendinq Documents. Except for any amendment that by the terms of this Declaration
may be and is duly executed, acknowledged and Recorded by Declarant or by or on behalfofthe
Board, an amendment to this Declaration is effective only when all of the following events
occur:
(a) Aoproved Writins. The amendment is reduced to a writing that is approved (by
aflirmative vote or written consent) by the Owners of Units to which at least the applicable
required percentage ofvotes in the Association are allocated.
(b) Certificate by Association. A written certificate, executed and acknowledged by
the president or any other authorized officer of the Association, is attached to the written
amendment which states that the amendment was approved by the applicable required percentage
of Owners pursuant to Section 15. L
6l4zl4E RED AKHANS 06/1Y06 l.l7 PM )t
(c) Recordins. The approved written amendment described in Section 15.2(a) and
the certificate described in Section 15.2(b) are Recorded.
(d) Presumption of Validity. After an amendment to this Declaration is Recorded, a
presumption exists that all votes and approvals regarding the amendment were duly obtained and
satisfy the requirements of this Declaration. The presumption may be rebutted by an action
commenced within one year from the date the amendment is Recorded; in the absence of an
action commenced within the one-year period, the presumption is deemed conclusive.
Article 16
OW}{ER'S ACKNOWLEDGMENTS AND WAIVERS
16.1 Owner'sAcknowledqments.
(a) Mountain Activities. The Condominium Project is located adjacent to skiing
facilities and recreational areas (the "Mountain Recreational Areas"). The Mountain
Recreational Areas are expected to generate an unpredictable amount of visible, audible and
odorous impacts and disturbances from activities relating to the construction, operation, use and
maintenance of the Mountain Recreational Areas (the "Mountain Activities"). The Mountain
Activities include, without limitation: (i) movement and operation of passenger vehicles
(including, without limitation, buses, vans and other vehicles transporting passengers over
adjacent streets and over, around and through the Mountain Recreational Areas), commercial
vehicles, and construction vehicles and equipment; (ii) activities relating to the construction,
operation and maintenance ofroads, trails, ski trails, skiways and other facilities relating to the
Mountain Recreational Areas (including, without limitation, tree cutting and clearing, grading
and earth moving and other construction activities, construction, operation and maintenance of
access roads, snow-making equipment, chairlifts, gondolas, busses or other transportation
systems, operation of vehicles and equipment relating to trash removal, snow removal, snow
grooming, and over-the-snow or over-the-terrain transportation purposes, and operation ofsafety
and supervision vehicles); (iii) activities relating to the use of the Mountain Recreational Areas
(including, without limitation, skiing, snow-boarding, ski-patrol activities, and other over-the-
snow activities, hiking, horseback riding, bicycling and other recreational activities); (iv) ski
racing and organized events and competitions relating to the activities described in
clause (iii) above; (v) concerts,, fireworks displays, and other performances and special events;
(vi) restaurants, clubs, restrooms and other public use facilities; (vii) public access to adjacent
U.S. Forest Service lands; (viii) public parking facilities and the traffrc related thereto; (ix) public
recreational use of the Bike Path; (x) public pedestrian use of the Emergency Access Area;
(xi) emergency use of the Emergency Access Area; and (xii) other activities permitted by law.
The Mountain Activities may occur during dayime and nighttime.
(b) Construction Activities. The Condominium Project is located in an area that is
subject to or near ongoing construction activities relating to the development of adjacent
properties and the Mountain Recreational Areas (the "Construction Activities"). The
Construction Activities are expected to generate an unpredictable amount of visible, audible and
odorous impacts and disturbances. The Construction Activities may include, without limitation:
614448.R8D AKHANS 06r l2106 | l7 PM 52
(i) construction traffic (including, without limitation, construction vehicles, equipment and
vehicles used or owned by Declarant, adjacent landowners, and the employees, agents and
contractors of either of them; and (ii) construction activities (including, without limitation,
grading, excavation, clearing, site work and construction of improvements) relating to the
Condominium Project, nearby properties, or the Mountain Recreational Areas.
(c) Commercial Activities. A variety of commercial activities are and will be
conducted nearby and adjacent to the Condominium Project (the "Commercial Activities"). The .
Commercial Activities are expected to generate an unpredictable amount of visible, audible and
odorous impacts and disturbances. The Commercial Activities may include, without limitation:
(i) operation of fuIl-service hotel(s) and health spa(s) with associated swimming pool(s) and
other outdoor recreational facilities; (ii) meetings, conferences, banquets and other group events;
(iii) sales and rentals of clothing, skis, ski-related equipment, other over-the-snow equipment,
bicycles, and other recreational equipment; (iv) sales of tickets for chairlifts, gondolas, other
transportation systems, and other activities and events conducted on the Mountain Recreational
Areas; (v) indoor and outdoor restaurant and bar operations (including, without limitation, the
sale of food and alcoholic and non-alcoholic beverages for consumption on and immediately
adjacent to the Property and at other locations) and preparation ofhot and cold food (through the
use ofbarbecue grills, fire pits and other smoke and/or odor producing means) and beverages at
indoor and outdoor facilities on and immediately adjacent to the Property; (vi) sales of services
relating to skiing, other over-the-snow activities, and other recreational activities (including,
without limitation, tuning, waxing, repairing, mounting of bindings on, renting, storing and
transporting skis, snowboards and similar equipment, ski schools and other forms of individual
and group lessons, tours and excursions); (vii) public use of the Property for access to the
Mountain Recreational Areas, vehicle passenger drop-off and pick-up, locker room, changing
room, rest room and lounge purposes in designated areas, and short-term clothing and equipment
storage; (viii) parking activities (including, without limitation, activities relating to valet parking
or parking relating to adjacent properties); (ix) the installation, operation and maintenance of
illuminated and non-illuminated signage; (x) concerts and other outdoor and indoor
entertainment, performances and special events; (xi) operation of one or more treatment facilities
by Eagle Valley Water and Sanitation District; and (xii) any other uses or activities permitted by
law. The Commercial Activities may occur during daytime and nighttime.
(d) Waiver and Release. Each Owner, by taking title to a Unit, acknowledges that the
Mountain Activities, Construction Activities and Commercial Activities, and the impacts and
disturbances generated by them, may occur in and around the Condominium Project. No Owner
may assert or claim any violation of this Declaration based on the existence or occurrence of the
Mountain Activities, Construction Activities and Commercial Activities, or impacts and
disturbances generated by them. Each Owner, by taking title to a Unit, forever waives and
releases any actions or claims the Owner and its successors and assigns may have against
Declarant, the operator(s) of the Mountain Recreation Areas, and their successors and assigns
which in any way arise out of the impacts and disturbances generated from the Mountain
Activities, Construction Activities or Commercial Activities except any such activities, impacts
or disturbances that are, or result from, in whole or in part, a violation of applicable law or the
614448.R8D AKHANS 06/i2/06 I l7 PM 53
gross negligence or willful misconduct of the operators of the Mountain Recreation Area or their
successors or assigns.
16.2 Lift Tickets and Other Fees. By taking title to a Unit, each Owner acknowledges that no
right is created or arises from ownership of a Unit or membership in the Association, either (a) to
use the Mountain Recreational Areas (including, without limitation, the Vail Mountain ski area),
or (b) to any waiver or discount of the prices charged for lift tickets or other fees charged to users
of the Mountain Recreational Areas. Any right that any Owner acquires to use the Mountain
Recreational Areas may be created or arise, if at all, only through a separate agreement with or
license granted by the owners or operators of the Mountain Recreational Areas and is not derived
in any way through ownership of a Unit or membership in the Association.
16.3 Disclaimer. Declarant makes no representations, covenants or warranties to any Owner
conceming, the nature, scope, schedule or continuation of the Commercial Activities or activities
operated or conducted in or relating to the Mountain Recreational Areas (including, without
limitation, the Vail ski area). By taking title to a Unit, each Owner acknowledges that (a) the
activities may be discontinued from time to time or permanently after the date of this
Declaration; (b) the activities may not be operated or conducted during the same hours, days or
months as any schedule in effect or contemplated on the date of this Declaration; (c) the
activities may be conducted during more hours (during both daytime and nighttime), days, and
months than any schedule in effect or contemplated on the date of this Declaration; and (d) more
activities may be operated or conducted in the Mountain Recreational Areas than occur or are
contemplated on the date of this Declaration.
16.4 No View Easement. Notwithstanding anything contained in this Declaration to the
contrary, each Owner, by taking title to a Unit, acknowledges and agrees that there is no
easement or other right, express or implied, for the benefit of any Owner or its Unit for light,
view or air included in or created by this Declaration or as a result of ownership of the Unit.
16.5 Geologicallv Sensitive Area. Each Owner, by taking title to a Unit, acknowledges and
agrees that its Unit and the Project are located in a geologically sensitive area that may be subject
to rock slides.
16.6 Security. NEITHER THE ASSOCIATION, DECLARANT, OR ITS AFFILIATES
SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY
WITHIN THE CONDOMINIUM PROJECT, AND NEITHER THE ASSOCIATION, NOR
DECLARANT OR ITS AFFILIATES, SHALL BE HELD LIABLE FOR ANY LOSS OR
DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY,
INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN, OR ACTS OF THIRD
PARTIES. ALL OWNERS. TENANTS, GUESTS, AND INVITEES OF ANY OWNER, AS
APPLICABLE. ACKNOWLEDGE THAT THE ASSOCIATION, ITS BOARD OF
DIRECTORS, DECLARANT, ITS AFFILIATES, AND COMMITTEES ESTABLISHED BY
ANY OF THE FOREGOING ENTITIES, ARE NOT INSURERS AND THAT EACH OWNER,
TENANT, GUEST, AND INVITEE ASSUMES ALL zuSK OF LOSS OR DAMAGE TO
PERSONS, TO TINITS, AND TO THE CONTENTS OF LINITS, AND FURTHER
6r,1448 RED AKHANS 06/12106 l:l?PV 54
ACKNOWLEDGE THAT DECLARANT,ITS AFFILIATES, BOARD OF DIRECTORS, AND
COMMITTEES HAVE MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS
ANY OWNER, TENANT, GUEST, OR INVITEE RELIED UPON ANY
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, RELATIVE TO ANY SECURITY MEASURES RECOMMENDED OR
TINDERTAKEN.
16.7 Inspection by Others: Waiver of Post Inspection Liabilitv. It is hereby expressly
understood and agreed by Declarant and by any Owner upon taking title to a Unit that Declarant
relies upon governmental inspectors and other qualified subcontractors and tradesmen to inspect
the construction of the Units and the Common Elements in order to verify compliance with
construction plans and with any and all building code requirements applicable to residential
construction. Declarant and each Owner further expressly understand and agree that, with
respect to the Units and the Common Elements, upon compliance with the inspections required
by the local building department and the issuance of a certificate of occupancy by the responsible
governmental agency, Declarant shall be deemed to have used its best efforts to.construct such
Units and Common Elements in compliance with the construction plans and all applicable
building code requirements. EACH OWNER, BY TAKING TITLE TO A LINIT, HEREBY
KNOWINGLY AND WILLINGLY WAIVES AS AGAINST DECLARANT AND ITS
AFFILIATES ANY AND ALL DEMANDS, CLAIMS, ACTIONS AND CAUSES OF
ACTION, AND ALL LIABILITY, LOSSES, DAMAGES, COSTS OR EXPENSES THAT
HAVE BEEN OR MAY BE INCURRED IN ASSOCIATION THEREWITH, INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES AND EXEMPLARY DAMAGES, WHICH
ARISE FROM OR ARE RELATED TO ANY NONCOMPLIANCE OF THE UNITS OR THE
COMMON ELEMENTS WITH CONSTRUCTION PLANS OR BUILDING CODE
REQUIREMENTS, WHICH NONCOMPLIANCE IS DISCOVERED AFTER THE
ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR, RESPECTIVELY, SUCH UNITS
OR COMMON ELEMENTS; AND ANY SUCH NONCOMPLIANCE SHALL BE DEEMED
UNINTENTIONAL WITH RESPECT TO DECLARANT. EACH OWNER HEREBY
ACCEPTS, AND ASSUMES THE RISK OF ANY AND ALL DAMAGE OR DEFECTS OF
OR TO EACH OF THE LTNITS AND THE COMMON ELEMENTS, THE DISCOVERY OF
V/HICH IS MADE AFTER THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR,
RESPECTIVELY, SUCH UNITS OR SUCH COMMON ELEMENTS, EXCEPT TO THE
EXTENT THAT SUCH OWNER MAY HAVE A CLAIM THEREFOR AGAINST ANY
PARTY OTHER THAN DECLARANT OR ITS AFFILIATES.
16.8 Drainage and Soils Condition.
(a) Acknowledgment. THE SOILS WITHIN COLORADO CONSIST OF BOTH
EXPANSIVE SOILS AND LOW-DENSITY SOILS WHICH MAY ADVERSELY AFFECT
THE INTEGRITY OF A UNIT OR A COMMON ELEMENT IF SUCH LNIT OR COMMON
ELEMENT IS NOT PROPERLY MAINTAINED. EXPANSIVE SOILS CONTAIN CLAY
MINERALS WHICH HAVE THE CHARACTERISTIC OF CHANGING VOLUME WITH
614448.RED AKHANS 06/12106 l:37 PM 55
THE ADDITION OR SUBTRACTION OF MOISTURE, THEREBY RESULTING IN
SWELLING AND/OR SHRINKING SOILS. THE ADDITION OF MOISTURE TO LOW-
DENSITY SOILS CAUSES A RE-ALIGNMENT OF SOIL GRAINS, THEREBY
RESULTING IN CONSOLIDATION AND/OR COLLAPSE OF THE SOILS.
(b) Waiver of Liability of Declarant. BY TAKING TITLE TO A LINIT, EACH
OWNER ACKNOWLEDGES AND AGREES THAT SUCH OWNER HAS WAIVED AND
SHALL BE DEEMED TO HAVE WAIVED THE RIGHT TO ANY AWARD OF DAMAGES
AGAINST DECLARANT, ITS MANAGERS, MEMBERS, EMPLOYEES OR AGENTS FOR
ANY LOSS OR DAMAGE TO ANY PORTION OF THE UNIT OR THE COMMON
ELEMENTS CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH
SOIL CONDITIONS ON OR UNDER ANY COMMON ELEMENTS, INCLUDING
SPECIFICALLY THE PRESENCE OF EXPANSIVE SOILS AND RADON GAS.
Article l7
CONVEYANCING AND ENCUMBRANCING
l7.l Units. Any conveyance of a Unit includes an undivided interest in the Common
Elements allocated to the Unit under this Declaration, regardless of whether the undivided
interest is specifically described in the conveyance. A description of any Unit that sets forth
(a) the identiffing number of the Unit, (b) the name of the Condominium Project, (c) the date of
recording and the recording data ofthis Declaration in the Records, and (d) the county in which
the Condominium Project is located is, if included in an otherwise proper instrument, sufficient
for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit but also
the entire Condominium. A Person who becomes an Owner will promptly notifu the Association
of its ownership of a Unit. An Owner may encumber its Unit as it sees fit, subject to the
provisions of this Declaration. Any conveyance, encumbrance, judicial sale or other transfer,
voluntary or involuntary, of an individual interest in the Common Elements will be void unless
the Unit to which that interest is allocated is also transferred.
17.2 Common Elements. Except as otherwise provided in Article 14 with respect to the
termination of the Condominium Project, the Common Elements or portions of them may be
conveyed or subjected to a lien or security interest by the Association in accordance with
See+ien-|8-*.33+? Sectiog-3lz of the Act, with the written approval of Owners of Units to
which are allocated 67Yo of the votes in the Association, including 67Vo of the votes allocated to
Units not owned by Declarant. The conveyance or encumbrance does not affect the priority or
validity of pre-existing encumbrances. Any net proceeds of the sale of a Common Element
pursuant to this Section 17.2 will be distributed to the Owners in accordance with Article 13, as
if the proceeds .ue an award paid as a result of the condemnation of the Common Element.
17.3 TransfereeLiability.
(a) General. If any Unit is voluntarily or involuntarily transferred to any Person, the
transferee of the Unit (the "Transferee") is liable forall Assessments orAssessment installments
against the Unit beginning as of the time of transfer; provided that the Transferee's interest in the
61,1.148 RED AKHANS 06/1206 I 17 PM 56
Unit is subject to the Association's lien for any unpaid Assessments as of the date of the transfer
pursuant to this Declaration.
(b) First Mortgage Foreclosure. Any First Mortgage is subject to the Association's
lien, and any First Mortgagee acquiring title to a Condominium through foreclosure of a First
Mortgage is liable, for any unpaid Assessments (i) which are delinquent at the time the First
Mortgage is Recorded, or (ii) which become due after the First Mortgage is Recorded to the
extent ofan amount equal to Assessments based on a budget adopted by the Board and ratified
by the Owners pursuant to Section 6.3 that would have become due during the six-month period
immediately before the Association or any Person holding a lien senior to any part of the
Association's lien commences an action or a nonjudicial foreclosure either to enforce or
extinguish the lien.
(c) Reallocation. Without releasing the transferor from any liability for any unpaid
Assessments, any unpaid portion of an Assessment which is not a lien by operation of
Section 17.3(b) is part of the Common Expenses and collectible from all Owners liable for
Common Expenses, including a Transferee or a First Mortgagee acquiring title to a Unit through
foreclosure of a First Mortgage.
17.4 Estoppel Certificates. Within 14 days after receiving a written request from any Owner,
Security Holder or a designee of either of them, delivered personally or by certified mail, first-
class postage prepaid, return receipt requested, to the Association's registered agent, the
Association will furnish to the requesting party, by personal delivery or by certified mail, first-
class postage prepaid, return receipt requested, an estoppel certificate executed by an officer of
the Association and addressed to the requesting party, stating any then unpaid Assessments due
from the requesting Owner or the Owner of the Unit encumbered by the requesting Security
Holder's Security for an Obligation, or stating that there are no unpaid Assessments due from
such Owner, as the case may be. An estoppel certificate fumished by the Association pursuant to
this Section 17.4 is binding on the Association, the Board and every Owner. Such Owner's Unit
shall not be subject to a lien for any unpaid Assessments against the Unit to the extent that (a) the
lien arises before the date of the certificate and the amount of the lien exceeds any unpaid
amounts stated in the certificate, or (b) if the Association does not furnish an estoppel certificate
pursuant to this Section77.4, the unpaid Assessments are due as of the date of the request. The
Association may charge the Owner of any Unit for which such an estoppel certificate is
furnished, and the Owner will pay, a reasonable fee for the preparation of the estoppel certificate
in an amount determined by the Board from time to time.
Article l8
GENERAL PROVISIONS
18.1 The Act: Severability. The Condominium Project and this Declaration will not be subject
to the provisions of any amendment to or replacement of the Act which becomes effective after
the date of Recording of this Declaration, unless the provisions of the amendment or replacement
are expressly made binding upon existing condominiums. However, the Association may elect
to subject the Condominium Project to any amendment or replacement by the affirmative vote of
614448.RED AKHANS 06/12/06 lr37 PM 57
all Owners who would be required to approve an amendment to this Declaration pursuant to
Section 15.1 concerning the subject matter contained in the amendment to or replacement of the
Act. If any of the terms, conditions, provisions, sections or clauses of this Declaration conflict
with any provision of the Act, the provisions of the Act control unless the Act permits this
Declaration to override the Act, in which event this Declaration controls. The invalidity of any
covenant, restriction, condition, limitation or provision of this Declaration or the application of
any of them to any person or circumstance will not impair or affect in any manner the validity,
enforceability or effect of the rest of this Declaration, or the application of any covenant,
restriction, condition, limitation or provision to any other person or circumstances.
18.2 Interpretation of Declaration. The provisions of this Declaration will be liberally
construed to effect its purpose of creating a uniform plan for the ownership and operation of a
first-class Condominium Project. Whenever appropriate, singular terms may be read as plural,
plural terms may be read as singular, and the neuter gender may be read as the feminine or
masculine gender. The titles, headings and captions used throughout this Declaration are for
convenience only and may not be used to construe this Declaration or any part of it.
18.3 Notices. Except for notices concerning meetings of the Association or the Board, which
will be given in the manner provided in the Bylaws, any notices required or permitted under this
Declaration or the Bylaws to be given to any Owner, the Association, the Board or any Security
Holder will be sent by certified mail, first-class postage prepaid, retum receipt requested, to the
intended recipient at, in the case of notices to an Owner, the address of such Owner at its Unit; in
the case of notices to the Association or the Board, the address of the Association's registered
agent; or in the case of notices to a Security Holder, the address most recently given to the
Association by notice from such Person. All notices are deemed given and received
three business days after mailed as provided in the previous sentence. Any Owner or Security
Holder may change its address for purposes of notice by notice to the Association in accordance
with this Section 18.3. The Association or the Board may change its address for purposes of
notice by notice to all Owners in accordance with this Section 18.3. Any such change of address
is effective five days after the required notice is given.
18.4 Partition. The Common Elements are not subject to partition. Any purported
conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an
undivided interest in the Common Elements made separately from the Unit to which that interest
is allocated is void. Nothing in this Section 18.4 prevents the sale or encumbrance of all or a
portion of the Common Elements in accordance with Section 17.2.
18.5 Assigffnent of Special Declarant Rishts. Declarant may assign any or all of the Special
Declarant Rights in accordance with Seetie+3&4333e4 ScclioulM of the Act.
18.6 Taxation of Units. Upon Recording this Declaration, Declarant will deliver a copy of it
to the assessor of Eagle County in accordance with See+ien3&33.&-t05@ Sccttisu-!05(2) of the
Act. Each Unit, together with its Common Allocation of the Common Elements, constitutes a
separate parcel for purposes of real estate assessment and taxation. The Common Elements will
6I444E RED AKHANS Ob/I2106 I ]7 PM 58
be assessed against each Unit in accordance with the Unit's Common Allocation and may not be
separately assessed or taxed.
[Balance of P*ee{nten+ie**lly PaeclnlenltonaUv Left Blank]
6t4448.R8D AKHANS 06/1206 l.l7 PM 59
IN WITNESS WHEREOF. Declarant has executed this Declaration.
DECLARANT:
@
GORE CREFK PLACE. LLC. a Colorado
€erp€reti€n limitea nabilitv c
By:
Name:
Title:
STATEOFCOLORADO. )') ss:
)
The foregoing Declaration was acknowledged before me this day of
200_, by of
+ngkleerperatist GORE CREF.K PLACF. r.I.C. a Colorado €orp€ra+ion linfueiliahiliE
guurslly.
Witness my hand and ofticial seal.
My commission expires:
Notary Public
COI.]NTY OF EAGLE
6l4,l48.RED AKHANS 06/12n6 l:17 PM 60
EXHIBIT A
THE PROPERTY
614448.R8D AKHANS 0d12l/06 l:17 PM A-l
EXHIBIT B
ADDITIONAL LAND
6I444E RED AKHANS 06/I:y06 I ]7 PM B-1
EXHIBIT C
COMMON ALLOCATIONS
MEASUBEDAREA
Blds.Unit Garasq Maitr Upoer Total
Comnrcn
Allocation
4 2 r.125 t259 132L 3.705 12.10'
4 10 r,612 1.850 EP 4.294 14.02V"
3 11 r.600 r.848 &tu 4.285 13.990
3 12 1.6ID L848 E2E 4.276 13.960
t IT 1,123 L232 EE6 3.241 10.58%
)M ,'42 1252 EE2 3,A5 10.700/"
I 15 IJ29 1"248 8EZ 3e64 10.66o/"
I M 1."6(D r*&?841 4,281 14.000
rOTAL 30-62E 100'J
c-1614,148 RED AKIIANS 06/12/06 l.l7 PM
EXHIBIT D
OTHER RECORDED EASEMENTS AND
LICENSES AFFECTING THE PROPERTY
D-l6l4,l4t RED AKHANS 06r'12/06l:l7PM
EXHIBIT E
ARBITRATION RULES
Claimant shall submit a Claim to arbitration under these Arbitration Rules by giving
written notice to all other Parties stating plainly and concisely the nature of the Claim, the
remedy sought and Claimant's submission of the Claim to arbitration ("Arbitration Notice").
L Any arbitration conducted under these Rules and in cormection with any
Claim arising out of or relating to the interpretation, application, or enforcement of the
Declaration, or relating to the design or construction of the Common Elements, shall conform
with and be subject to the rules and procedures adopted and routinely applied by Construction
Arbihation Services, Inc. ("CAS").
2. The Parties shall select a panel of arbitrators (the "Panel") as follows
("Party Appointed Arbitrators"): all of the Claimants shall agree upon one Party Appointed
Arbitrator, and all the Respondents shall agree upon one Party Appointed Arbitrator. The Party
Appointed Arbitrators shall, by agreement, select one Additional arbitrator ("Additional").
3. If the Panel is not selected under Rule 1 within 45 days from the date of
the Arbitration Notice, any party may notify the nearest chapter of The Community Associations
Institute, for any dispute arising under the Declaration, the Bylaw, or the Rules, or CAS for any
dispute relating to the design or construction of improvements on the Common Elements, which
shall appoint one Additional ("Appointed Additional") and shall notify the Appointed Additional
and all Parties in writing of such appointment. The Appointed Additional shall thereafter be the
sole arbitrator and any Party Appointed Arbitrators or their designees shall have no further duties
ilvolving the arbitration proceedings.
4. No Person may serve as an Additional in any arbitration in which that
person has any financial or personal interest in the result of the arbitration. Any Person
designated as a Additional or Appointed Additional shall immediately disclose in writing to all
Parties any circumstance likely to affect impartiality, including any bias or financial or personal
interest in the outcome of the arbitration ("Bias Disclosure"). If any Party objects to the service
of any Additional or Appointed Additional after receipt of that Additional's Bias Disclosure,
such Additional or Appointed Additional shall be replaced in the same manner in which that
Additional or Appointed Additional was selected.
5. The Appointed Additional or Additional, as the case may be ("Arbitrator")
shall fix the date, time and place for the hearing. The place of the hearing shall be at a place
mutually agreed to by the parties. In fixing the date of the hearing, or in continuing a hearing,
the Arbitrator shall take into consideration the amount of time reasonably required to determine
Claimant's damages accurately.
6. Any Party may be represented by an attomey or other authorized
representative throughout the arbitration proceedings. In the event the Respondent fails to
6I4448.RED AKHANS 06/12/06 I lTPM E-l
participate in the arbitration proceeding, the Arbitrator may not enter an Award by default, but
shall hear Claimant's case and decide accordingly.
7. All Persons who, in the judgment of the Arbitrator, have a direct interest
in the arbitration are entitled to attend hearings. The Arbitrator shall determine any relevant
legal issues, including whether all indispensable parties are Bound Parties or whether the claim is
baned by the statute of limitations.
8. The hearing shall be conducted in whatever manner will, in the
Arbitrator's judgment, most fairly and expeditiously permit the full presentation of the evidence
and arguments of the Parties. The Arbitrator may issue such orders as it deems necessary to
safeguard rights ofthe Parties in the dispute without prejudice to the rights ofthe Parties or the
final determination of the dispute.
9. Notwithstanding the foregoing, multiple party disputes or claims not
consolidated or administered as a class action pursuant to the following sentence will be subject
to, and will be arbitrated individually. Only with the written request of all parties involved, but
not otherwise, the Arbitrator may: (i) consolidate in a single arbitration proceeding any multiple
party claims that are substantially identical, and (ii) arbitrate multiple claims as a class action in
accordance with the rules and procedures adopted by CAS'
10. If the Arbitrator decides that it has insufficient expertise to determine a
relevant issue raised during arbitration, the Arbitrator may retain the services of an independent
expert who will assist the Arbitrator in making the necessary determination. The scope of such
professional's assistance shall be determined by the Arbitrator in the Arbitrator's discretion.
Such independent professional must not have any bias or financial or personal interest in the
outcome of the arbitration, and shall immediately notify the Parties of any such bias or interest
by delivering a Bias Disclosure to the Parties. If any Party objects to the service of any
professional after receipt of a Bias Disclosure, such professional shall be replaced by another
independent licensed professional selected by the Arbitrator.
ll. No formal discovery shall be conducted in the absence of order of the
Arbitrator or express written agreement among all the Parties. The only evidence to be presented
at the hearing shall be that which is disclosed to all Parties at least 30 days prior to the hearing;
provided, however, no Party shall deliberately withhold or refuse to disclose any evidence which
is relevant and material to the Claim, and is not otherwise privileged. The Parties may offer such
evidence as is relevant and material to the Claim, and shall produce such additional evidence as
the Arbitrator may deem necessary to an understanding and determination of the Claim. The
Arbitrator shall be the sole judge of the relevance and materiality of any evidence offered, and
conformity to the legal rules of evidence shall not be necessary. The Arbitrator shall be
authorized, but not required, to administer oaths to witnesses.
12. The Arbitrator shall declare the hearings closed when satisfied the record
is complete.
61444E RED AKHANS 06112/06 l:17 PM E-2
13. There will be no post hearing briefs.
14. The Award shall be rendered immediately following the close of the
hearing, if possible, and no later than 14 days from the close of the hearing, unless otherwise
agreed by the Parties. The Award shall be in writing, shall be signed by the Arbitrator and
acknowledged before a notary public. Ifthe Arbitrator believes an opinion is necessary, it shall
be in summary form.
15. Except with respect to awards of attorneys' fee and expenses only to the
extent specifically provided under Seetie*3&3#123 ScctionfB of the Act, no party shall be
entitled to receive any award of damages in connection with the arbitration of a Dispute other
than such party's actual damages. All parties to an arbitration conducted under these Rules shall
be deemed to have waived their right to receive any damages other than actual damages,
including, without limitation, special damages, consequential damages, and punitive or
exemplary damages.
Each Party agrees to accept as legal delivery of the Award the deposit of a true copy in
the mail addressed to that Party or its attomey at the address communicated to the Arbitrator at
the hearins.
614448.RED AKHANS 06/12/06 I:37 PM E-3
fuofD15,nfuwdmr
l-f9
colllllTY tEt EtIFtEf{t
Deeign Review Board
ACTIOI{ FORU
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tef : 970.479.2139 fdxt 970.479.2432
web: www.vailgov.rom
Project Name: @re Creek Res. Changes Access
Project Description:
Particapants:
DRBNumber: DR8060107
FINAL APPROVAL FOR A CHANGE TO THE APPROVED PLANS-CHANGES TO EMERGENCY PATH
AT WEST END AND BOTTOM OF MARRIOTT DRIVE. INCLUDES SOME CHANGES TO THE
I.ANDSCAPING PLAN. MOST IMPORTANTLY A DELAY IN THE INSTALLATION OF THE
LANDSCAPING IN THE VICNITY OF
OWNER VAIL CORP
PO BOX 7
VAIL
co 81658
ARCHITECT 4240ARCHITECTURE, INC. 041Lil2006 Phone: 303-292-3388
1621 18TH STREET
sum 200
DENVER
co 80202
License: C000001858
APPUCANT VAIL RESORTS DEVELOPMENT INCnq L7 l20n,6 Phone: 970-U5-2547
TODD GOULDING
P.O. BOX 959
AVON
co 81620
License: C000001533
825 FOREST RD VAIL Location!
0411712006
PrcjectAddress:
GORE CREEK PI.ACE
Legal DescripUon:
Parcel Number:
Comments:
Lot 3 Elock: Subdivision: WEST DAY SUBDIVISION
2L0L-072-0700-2
See C.onditions
Motion By:
Second By:
Vote:
CondiUons:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of.Apprcval: 051 17 12006
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
C.ond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond:201
DRB approval shall not become valid for 20 days following the date of approval.
@nd:202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Warren Campbell DRB Fee Paid: $20.00
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 SorJth Frontage Road, Vail, Colorado 81657
tel; 97 0.479.2L28 faxl. 97 0'479.2452
web: www.wilgor'com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. flease
refer to Ure su'Umittat requirements for the particular appmval that is requested. An application for Design Review
cannot be accepted untii all reguired information is received by the Community Devetopment Department. The
pioj.C ..V also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
b#gn r"irl"* approval lapses untess a building permit is issued and construction commences within
one year of the approval.
Location of the Proposal: Lot:-Block:- Subdivision:
Physical Address:
p",nlno.@(ContactEa9|eCo.Assessorat970-328-8640forparcelno.)
Zoning:Lhd- l
Name(s) of owner(s): 6e>e= (:^'-' Q '^c= I le'
MailingAddress: Trt ?<? , ' tl (a
Owner(s) Signature(s):
Name of Applicant!
t7
P6t
oo
a.oJ
Mailing Address:
Phone:
Fax:E-mail Address:
Type of Review and Fee:
tr. Signs
El Conceptual Review
C New C.onstruction
tr Addition
tr Minor AlteGtion
(multi-family/commercial)
D Minor Alterdtion
(single-family/duPlex)
6 Changes to Approved Plans
tr Separation Request
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild'
ilOO For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions)'
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For min-or changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
* * * *t**'l'ti:|*'i**'f*****+ **** * * * +**+* *'t**,t**i******f**** * * * * * **t*********** **** ********,i ********
TOWNOFVAIL. COLORADO Statement********+******a**+**{'t*+'t*************************t********************f******f'}+*++*******
statement. Nurnber: R060000392 Amount 3 $20.00 04/L7/200601 :40 PM
Palment Method: Cash
GOUIJDING
fnic: ifs
Notation: $/ToDD
Permit No:
Parcel No:
Site Address :
IJocation:
This Palment:
DRBo 5 010 7 Tl4)e: DRB - Chg to Appr P].ana
2tot- 07 2- 07 00 -2
825 FOREST RD VATI,
GORE CREEK PI,ACE
Total Feea:
Tota1 A]JL Pmts:
DescriDt ion
$20.00
$20.00$20.00
:$***:r***********i********************.********.***r***+r*****r*"**li*tr**"*?l*******.**i3i*T
ACCOI.JNT ITEMLIST:
Account Code Current PmCs
DR 00100003L]'2200 DESIGN REVIEW FEES 20.00
Irv
Gore Creek Place
Landscape Revisions
Issue ASI-082, Dated 4-14-06
Sheet L-l, Layout and Materials, East, Bldgs. 1-4
1. Change pedestrian walkway from north of Bldgs. 3 and 4 due to new vehicular
access. Slight adjustments to address markers and where flagstone walks meet
pedestrian path to buildings 4,5,6,7 and substantial change to building 8 area.
Slight adjusunent to wall adjacent to pedestrian / ambulance path in front of Bldg. 3
2. Extend flagstone paving from top ofcentral garage stairs south to meet pedestrian /
ambulance path which shifted to the South in this area. Move a light bollard to this
location, previously located (l of 3) at 4' walk from the Marriott.
3. Move Path Light Bollards to relate to realignment or 4' walk from Marriott.
Sheet L-2rLayout and Materials, West, Bldgs.5-8
4. Add 4 recessed step lights to the new stairs at Forest Road.
5. Remove stand alone Mail Box unit located north of the pedestrian / ambulance path
near Forest Road. Replace with build in Mail Box unit located in south wall at
garage door, per ASI-17.
6. Shift the locations of the Path Light Bollards at the west end of the pedestrian
iambulance path and at the bottom of the new steps at Forest Road.
7. Remove access bollard (to match timber TOV bollards) at west end of pedestrian /
ambulance path at Forest Road and relocate to end of hammerhead in front of Bldg.
8. Remove railing on top of wall at north tunnel entrance, north of Bldg 8.
9. Revise top of wall elevations for the address markers and walls north of Bldgs. 6, 7
& 8 and adjacent to the revised pedestrian / ambulance path based on revised civil
elevations.
Sheet L-4, Planting Plan - East, Bldgs. 1-4
10. Shift plant materials east of new vehicular access from Marriott. Change sod to
mulch bed between new path and access paving.
I l. Shift plant materials along pedestrian / ambulance path due to realignment.
Sheet L-5, Planting Plan - West, Bldgs. 5-8
12. Shift existing plant materials do to realignment of pedestrian / ambulance path with
no changes to quantities or species.
13. At west end of pedestrian / ambulance path, north of Bldg. 8 add I | 2-1/2" Caliper
Aspen, 4 Spruce (2-10', 2-12'), 16 Snowberry, 13 Red Twig Dogwood, , 7 Woods
Rose.
Landscape Revisions for: Issue ASI-082, Dated 4-14-06
Page I of I
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Design Review Board
ACTTOI{ FORtrl
Department of (ommunity Development
75 South Frontage Road, Vail, Colorado 81657
tel:970.479.2139 tex2970.479.2452
web: www.vailqov.com
Proiect Name: GORE CREEK RES. CHANGE
Proiect Description:
Participants:
OWNER
PO BOX 7
VAIL, CO
81658
APPLICANT VAILCORP
DRB Number: DR8050520
FINAL APPROVAL FOR A CHANGE TO THE APPROVED PI-ANS-HOT TUB LOCATIONS HAVE
SHIFTED 6-12 INCHES TO ADHERE TO SETBACK REQUIREMENTS. CHANGED DUE TO SETBACK
LINE CONFLICTS; ADDED 1 UGHT FIXTURE TO SOUTH ELEVAION UPPER DECK.
VAIL CORP
tolLil200s
Proiect Addresr:
GORE CREEK PLACE
l..egal Description:
Parcel Number:
Comments:
PO BOX 7
VAIL
co 81657
790 UONSHEAD CR VAIL Location:
Lot: 3 Block: Subdivision: WEST DAY SUBDIVISION
2L0L-072-0700-2
See Conditions
Motion By:
Second By:
Vote:
Condi6ons:
BOARD/STAFF ACTIOT{
Action: SIAFFAPR
Date of Approval: 10/18/2005
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building, Please consult with
Town of Vail Building personnel prior to construction activities.
Cond:201
DRB approval shall not become valid for 20 days following the date of approval.
Cond:202
Approval of this pCIect shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Warren Campbell DRB Fee Paid: $20.00
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Fronbge Road, Vail, Colondo 81657
tel: 970.479.2L28 tax: 970.479.2452
web: www.vailgov,com
General Information:
All projects requiring design radew must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be acaepted unul all required information is received by the Community Dwelopment Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmenbl Crmmission.
Design review approval lapses unless a building permit is issued and construction comrnences within
one year of the approval.
Itescription of the Request:
2ta zO #*arz /=t P Zz,Pe=c-ls.
Eagle Co.at 970-328-8640 for parcel no.)
Zoning:2-16( O72 070a
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
v
T)g('
,q
9trf
N
o
Assessore-
Location of the Proposat: r-oc3I groct: 6 subdivision:
Phone:
Sahz-
Phone:
E-mail Address:. Fax:
TVpe of Review and Fee:
tr Signs
E Conceptual Review
tr New Construdiontr Mdition
tr Minor Alteration
(multi-family/commercial)
E Minor Alteration
(single-family/d uplex)
4ffhanges to Approrred Plans
tr Seoaration Reouest
$50 Plus $1.00 per square fioot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addfion where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painUng, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor dranges to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Rwiew Board.
No Fee GL& 6.rrdriSeparation Request
For Office UsqOnly: 4
Fee Paid: 7 '\ Check No.:---L By:ffi /i-z-ofo*rno., ?o5at20
-
€ proiect No.: PG.Js{ -
dc-
***tt*ff++*{r***{r**************++++************'fa+++*+*f+'}*++t*****+***t***+**'}+*'l++****f*ttf
TOWN OF VAIL, COLORADOCopy Reprinted on 09-30-2005 at 10:35:0E 09/30n005
Statement
**+!tl'l"l't*******++i******+**'t*t*************+**t * * *********+*************+t*t'l'f ++f **t**f *{'{'**
statement Nurnber: Ro5ooo162O Amount: $20.00 09/30/2oosLo:30 Alr!
Palment Method: Ca6h Init: ,JS
NotaEion: $/ToDD
GOI'IJDING
Permit ![o: DR8050520 1}4)e: DRB -Chg to Appr Plang
Parcel No: 2LOI-O72-0700-2
SiEe Address: ?90 TIONSHEiAD CR VAIL
LocaEion: GORE CREEK PLACE
Total Fees: S20.00
Ihis Payment: $20.00 Totaf ALL, PmtE: $20.00Balance: $0.00
't{'**'t{r*l**********'}+***1.*'}{'*****************l*'t*t*********t+******l'f't'tf*+**********'t**+'}'}++*
ACCOIJNT ITEM LIST:
Account Code DescriDtion Current Pmta
DR OO1OOOO3I]22OO DESIGN REVIEW FEES 20.00
Frcrn:
To:
Date:
Subfect:
Todd Gotrlding" <tgtoulding@vailrcsorts.com>
<WCampbell@vailgov.com>
rc117n005 7:13:59AM
Gore Creek Place DRB Mods
Wanen-
HotTub Locations-
Ws are preparing an ASI which documents final precb€ locations for the
hot tub spa upgrade. We have had Jen at Alpine plug in the final
solution to her site plan to check relative to the setback line and the
5'encroachment that is allorcd.
As 1ou can see he spas of units 3, 5, 13 15, & 16 have to be located / shifted
around the rrtrest sirJe due to the limit lirp. All of these trbs have shfied North by 6"-12'to get out of the
setback line.
I am unauare of any changes to the East or West end of the projest sho$ring a sidalalk. I can stop by
)our offie latter this morning to look if pu urould like. I will be wrapping up a meeting around 10am. Gall
my cell if you are available, 331.1732.
We have added an exhaust termination to Residence #15 on the 2nd floor just North of the Kitchen
window.
Thanks
tg
Sincerely,
Gore Greek Place, LLC
by Vail Resorts Development Gompany,
its Authorized Agent
Todd Goulding
Project Manager
PO Box 959
137 Benchmark Rd.
Ar/on, CO 81620
970.845.2369
970,845.2358 (f)
fuotD1 Srb&'-)r*
rbt z
Design Review Board
ACTION FORM
DeparEnent of @mmunity Devdopment
75 South Frontage Road, Vail, Oolorado 81657
tel: 970.479.2139 fax:. 970.479.2452
web: www.ci.vail.co.us
ProjectName: GORECREEKRES.BUYERCHANGE DRBNumber: DR8050423
Project Description:
RNAL APPROVAL FOR A CHANGE TO THE APPROVED PI.ANS FOR MINOR REVISIONS FOR
BUYER CHANGES. INCLUDES DOOR CHANGES, ADDMON OF SKYUGHTS, ADDMON OF
WINDOWS IN BATTIROOMS, ECT.
Participants:
OWNER VAIL CORP o8,ILilaOO'
PO BOX 7
VAIL
co 81658
APPUCANT TODD GOUT.DING O8IL7I2W5
PO BOX 949
AVON
co 81620
PrcfectAddress: 790 W UONSHEAD CR VAIL Location:
790 WEST UONSHEAD CIRCLE
Legal Descripdon: lot: 3 Block SubdMslon: WEST DAY SUBDIVISION
Parcef Numben 210l-072-0700-2
Comm€nts; SEE CONDmONS
BOARD/STAFF ACIION
Motion By: Action: SIAFFAPR
Second By:
Vote: DateofApproval: O9l07l2OO5
Conditions:
C,ond: 8
(PLAN): No changes to these plans may be made wlthout the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond:202
Approval of this project shall lape and becorne void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Warren Campbell DRB Fee Paid: $20.@
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81557
tel: 970.479.7L28 faxi 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring design rwiew must receive approval prior to submifring a building permit application, Please
refer to the submittal requiremenB for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Depatment. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and constru(tion comrn€nces within
one year of tlre approval.
Ilescription of the Request:
Location ofthe Proposal: Lot:Block:_3
Physical Address:
Parcel No,! ?tOt OlaOlPa*ntact Eagte co. Assessor at 970-328-8640 for parcet no.)
Zoning:Lnu-L
Name(s)of owner(s): ka Cz=* 7^ a Z <r
Name of Applicant:
Mailing Address:
E-mail Address:
Mailing Address:
Owner(s) Signature(s):
Phone:
Type of Review and Fee:
tr Signs
E Conceptual Review
tr New Con$ructiontr Addition
tr Minor Alteration
(multi-family/commercia l)
tr Minor Alteration
(si ngle-fami lylduplex)
I CfrangestoApproved Plans
tr Separation Request
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercid building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Reviev', Board.
No Fee
For Officglfsq Only:
Fee Paid: Z-C)%8on't' cne*no.:/? @-Bv:
"=Uod
o
0q-or 3
MeetinsDaet q'21'o
+'ttt+*****tf***'it****+++ff*llll*lt**+++****t+++t+f++++++f**+++lr+***+************************
TOWNOFVAIL. COLORADO Stat€rnerlt
Statement Nr:mber: R050001321 Anount: S20.00 08/L7 /200504:0? PM
Paltment Method: Check Init: iIS
Notation: 1760lwILLlAIt{
TODD GOT'IJDING
Permit No: DR8050423 Tl/I)e: DRB- Chg to Appr Plans
Parcel No! 2LOL-O72-O7OO-2
Site AddreEe: 790 n IJIONSHEAD CR VAIL
Iocation: 790 I|BST IJIONSHEN) CIRCLE
Total Feea: $20.00This Payment: $20.00 Tota1 ALIJ PnEE: $20.00Balance: $0.00**++**a**lltf{'t*t*+*aaa*t**aa++f++*t+{'t't+'t*t*+*+faaa***aa**********aa**l*****'}tt**+++++***+*
ACCOI,JNT ITEM LIST:
Account Code Description Current Pmta
DR OO1OOOO3LT22OO DESIGN Rg\':tEW FEES 20.00
l/VrtfD11'wbdtv,s,*/'f 3
,-;)
Design Review Board
ACTION FORM
Deparfnent of @mmunity Development
75 Soufr Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxi 970.479.2452
web: www.ci,vail.co,us
Projectilam€: GORECKPLCHNGSTOAPPR. DRBilumber: DRB050347
Project Description:
FINAL APPROVAL FOR A CHANGE TO THE APPROVED PI-ANS. CHANGES INCLUDED SHIFING
MNDOWS AND CHIMNEYS, RELOCATING EffERIOR LIGHTS, CHANGES TO TUNNEL VENTING,
MINOR I.ANDSCAPING CHANGES. II-IE ENTRY SIGNAGE IS NOT APPROVED. A DRB SIGN
APPUCATION MUST BE
Pafticipants:
owNER VArL CORP O7ltsl200s
PO BOX 7
VAIL
co 81658
CONTMCTOR VAIL RESORTS (VAIL CORP) 07lLslZOOs Phone: 970-845-23s4
P.O. BOX 959
AVON
co 81620
License: 115-A
Project Address: 790 W UONSHEAD CR VAIL Location:
790 WEST UONSHEAD CIRCLE
Legal Description: Lot: 3 Block Subdivision: WEST DAY SUBDIVISION
Parcef Numben 2IO1472-0740-2
Comments: SeeConditions
BOARD/STAFF ACTION
MoHon By: Action: STAFFAPR
Second By:Vote: DateofApprovaar 07/1712005
Conditions:
Cond:8
(P|-AN): No changes to these plans may be made wlthout the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shal] lapse and become void one (1) year following the date
of final apprwal, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Cond: CON0007337
The applicant shall submit a Design Review application for the entry signage and
lighting for radew and approval by staff prior to installation.
Planner: Warren Gmpbell DR.B Fee Paid: $20.00
-
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 SorJth Frontage Road, Vail, Colorado 81557
tel: 970.479.2L28 fax: 970.479.2452
web: www.vailgor.@m
General Information:
All projects requiring design rwiew mu* receive approval prior to submitting a building permit application. Please
refer to the submittal requiremenb for the partiorlar approval that is requested. An application for Design Rs/iew
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by tfre Town Council and/or the Planning and Environmental Commission.
Design rcview approval lapees unless a building permit is issued and @nstruction commences witlrin
one year of tlrc apprcval.
Descripdon of the Request:Io
Location of the Proposal:Block - Subdivision:tot: 3
Physical Addrcss:t-t
Fi
tl -t
"1s
C^l4
\,
- 01?_ 0
Zoning:
Name(s) of orrner(s):
Mailing Address:
Owner(s) Slgnature(s):
Name of Appllcant:
llArlrnooEagle Co, Assessor at 970-328-8640 for parcel no.)
roil yry
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 Forconsfruction ofa nernr building ordemo/rebuild.
$300 For an addiuon where square footage is added to any residential or
aommercial building (include 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For mlnor changes to buildings and site improvements, such as,
re.roofing, painting, window additions, landscaping. fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Revievl Board.
No Fee
-,Mailing Address: *1= A< AeE
Phone:
E-mail Address:
Type of Review and Fee:
tr Signs
tr C.onceptual Review
tr New Consbuctiontr Addiuon
tr Minor Alterauon
(multi-family/commercial)
tr Minor AlteraUon
(singlefa mily/d uplex)
I Cn.nootoApproved Plans
o,ecrruo., l?i3 ey, [J''
tr Separation Request
TOWN OF VAIL, COLORADO Statement
+++++*+++t***************t**t***f1++t**+++*+***t+ttf*+*+**********i+***+*****+++++++tf******
Statement Number: R05OOO1O83 Amounc 3 $2o.oO O7/:-5/2oo5o1 :50 PM
Pa)ment Method: Check Init: iIS
Notsation: 1?53/ ToDD
GOI'I,DTNG
Permit. No: DR805034? Ttpe: DRB-Chg to Appr Plans
Parcel No: 2TOT-O72-O7OO-2
Site Addrese: 790 w IJIONSHEAD CR VAIIJ
Location: 790 flEST IJIONSHEAD CfRCLE
Total Feea: $20.00
this Palzment,: $20.00 Total ALL Pmta: $20.00Balance: $0.00,t'tt+t*++**t't"t******'t*'t*************i**f,****a*'ia'++++*************+**************+++******1.{.'1.+
ACCOTJNT ITEM LIST:
Account Code DescriDtion Current Pmts
DR OO1OOOO3TT22OO DESIGN REVIEW FEES 20.00
D epartment of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
R.A. Nelson & Associates
c/o Travis Bossow
PO Box 5400
Avon, CO 81620
June 23, 2005
Re: Release of the Lefter of Credit for Gore Creek Place located at 825 West Forest Road/Lot
3, West Day Subdivision
Mr. Bossow,
This letter is being sent to inform you that the Town of Vail Community Development
Department is releasing the Letter of Credit dated February 25,2005, which you posted for
improvements to Gore Creek Place at the above address. A copy of this Letter of Credit for
$260,000, Number 839-5721, is attached as the original has been misplaced.
Please review these comments and if you have any questions regarding this letter please
contact me at 970-479-2148.
With regards,ll^^
Wanen-Campbell
Senior Planner
Cc: File
{p ^".r""ro or"
P.O2
t, JVX-22-2008 16124
IRREVOGABLE STANDBY LETTER OF CREDIT
Lrttcr ot ctedlt Numb.r: 639'5721
Arnounr U,S, $ 260,000.00 (rwo hundrcd end thousend doUrrr rnd zero osntt U.S. OOLLABS)
This Leltor ol Ctcdit ls issucd orr Fcbruary 23, 2005 by lssuer In favor
names and thair addresses ara as follows:
APPLICAITT:
R, A. NELSON A ASSOCIATES. INC.
PO Box 5400
Avon, Colorado 61620
RICHARD A NELSON
PO Box 355
Edwerda, color€do 81632
BENEFICIARY:
TOWIV OF VAIL
75 S Front.ge Bd Wcar
Vrll. Colorado 81857
ISSUER:
of rhe Eencllclary tor th8 tccount ot Appl,a.nr. Th' Partles'
FIBsTBANK OF AVOIII
P,O. Drawor 5270
Avon, Golorado 81620
1. LETTER OF CRED|T. llrucr ?srablishes thie lrrevocable Sundby Lrller of Cr.dlt (Lcner ot Crcdlll in favor of Bcncticltry in the
amouur lhdic.rad abovo. eeneitaritmav oraw on rrrie r-ensi oi Cilait *irf, a Dnfl lo. DraftB, lf dlo mrxlmum numbrt ol drrwlngs ls
grgEter lhan onel. Erch Dr!ft shall be eign.d on brhalf of Beneflciary and bs markod "Dtawn undal FirstBlnk of Avon Lenor ot Credil
No. 83g-5721 d.ted Februery 26, 2OO5,; Drafts murt be prercntrd ir lssuer'r addrrst Clown .bovc on or befor! ths Explra{on Dato'
The present:rlon of any Dr.fr'shrll reduoc rhe Amount availsble under this Lerter of Crcdii by ths amount of thc draft.
This Lerter of Credit set! forth ln fu rhc rerme of lsouer's obligatlon ro Beneficiary. This obtigailon cannol be modiflad by any referetrco
in this Lsner of Crodit, or any document ro whioh thls Lerter of Cradil maY bc relarcd.
This Lerter of Crcdlt expires on rhe Explration D!tc.
2. DRAWINGS. Panial drowings shell not be p.rmill€C under this Lrtcr of Ctrdit, "Draft' mosns a drrfr drrwn ot tighr'
3. DOCUMENTS. Esch Drrft |llust be accompanied bV the followlng, In orlginal rnd lwo copies eroepl lr atod:
A, The origlnal Len€r ol Crrdlt, tooerher wlth .ny .mendmlnlg,
lssuot shall br enrhled to rccopt r drrft and thr documenr.to[ dorcribed.bovc, .8 roquircd by tho lcrmt ol this Lcttct ol crtdir' frotn
any persotr purpotting to b! !n aurhodzsd oflioqr or ropresentotlve of BoncficiEry wlrhout.ny obllga{on ol duty on th6 prn of lssuer to
verlfy rha ldenthy ot ruthority of rhc prrson plgsrnrtng ihe draft snd such doc,umcnr.tion.
4. SPECIAL INSTRUCTIOIIIS. The drelt requcst mulr be acoompenicd bV a stalemenl signad by an aurhorizsd offlcer ol lhr Town of
Vail sraring thal the draw is in conneo on with fund! needed tor dre scoount of R. A, NelEon & Associat$, Inc.
E. EXPIRATION DATE. This Lrttcr of Credh cxplrot .r tho closa of bucinesc ar l5.u.r'o addfcss at 5:00 PM Moulrtallr Thnc lTitltol ott
August 26, ZOOS (DarE). lcrurt rgrces to honoi .ll Dr.lts ptet.ntrd ln rtriot oompllrnce with ths pfovi8ions of thls Letl.t ol Clodit on
or before th! Expiredon Dsle.
6. NON-TRANSFERABLE. This L.tter ol Credh ls not nanlferablo,
7. AppLlcAsLE LAW. Thle Lctlrr of Credir i8 govrrned by the Unlform crrstoms and P6crlars for Dooumrntrry cr.dirs, 1993 Rlvlsion.
Inrernartonrl chember of commerci Publicerion No, Eoo, Thir L.tar of crodit ie aleo govemed by dla lrws of colorado. srcept as
rhcre laws contllot with rhe Unlform Custorrr rnd Prusrioes for Documentary Crcdiltt, Document 600'
lSsUERi
FirslBrnk of Avon I, I | ,,IBy .t. . \,. -.r. t t i
Mcry l, MqDougrll,'Exccutlve Vioc Prcsident
Datc
8[ndby L.tl.r Of CrrClr
CO/4TFThomprooBrEl0000l47ao26o t 1 /+OEN
Iniri.ls -_.Plor 1
TOTAL P.02
ctge€ B.nl.r. 3v3l.m!. Inc., st' cloud' uN Er{ftli
itl p
fl,Li:P}|
MEMORANDUM
TO: Lorelei Donaldson
FROM: MaryAnn Best
DATE: March 24,2@5
SUBJECT: Grant of Easement - Bike Path by Gore Creek Place
Attached is the orQinal of the recorded Easement for the subject bike path sec'tion for the fire
safe. The Easement at Tract B, VaiULionshead, Third Filing is recorded al Reception # 908759 on
3/10/2005.
Attachment
xc: Greg Hall
s|rnff["EeffFpl.
OTA File #
FIMBeSMTTORNEY\MomG 2005\Gore Creek Place Blke Path.doe
||liltililtil||ilttil]iltiltlT..l J Simonton E.tl., C0
illlililllllillt *ffiti?,**173 R 26.00 D O.OO
@
GRANT OF EASEMENT @ike Path)
t)r,t -
THE VAIL CORPORATION, a Colorado corporation, dlb/aYail Associates, Inc.
("Grantor), for good and valuable consideration, in hand paid or received, hereby grants and
conveys to TOWN OF VAIL, a municipal corporation duly organized and existing under and by
virtue of the laws of Colorado ("Grantee"), whose street address is 75 South Frontage Road
West, Vail, Colorado 81657, as a public dedication, a public easement (the "Easement") upon,
across, over and under that certain real property described in Exhibit A attached hereto and
incorporated herein by this reference (the "Servient Estate") for the construction, installation,
modification, maintenance, use and enjoyment of a portion of a recreation/bicycle path (the
"Path") that lies within the Servient Estate. The Easement shall be for the benefit of the Grantee
and its contractors, agents, invitees, and designees (including members of the public using the
Path from time to time).
The Grantee covenants and agrees to undertake and bear all maintenance and
repairs ofthe Path as necessary to keep the Path in good condition and repair, and to bear and
discharge any obligations or liabilities that may arise in connection with such maintenance and
repairs, or the use and enjoyment of the Path pursuant to the Easement.
The parties acknowledge that in connection with the development of the site
owned by Grantor which is adjacent to the Servient Estate and which is commonly referred to as
"Gore Creek Place," Grantor may reconstruct and relocate the Path so that it falls entirely out of
the Servient Estate and wholly within portions of Tract B, Vail/Lionshead Third Filing,
according to the recorded plat thereof, which are owned by the Grantee. If and when that
relocation is completed, the Easement shall terminate and be of no further force or effect, and the
Grantee shall join in the execution and recordation of any instrument that Grantor (or its
successors) may reasonably request to evidence such termination (and notwithstanding any other
beneficiaries of the Easement hereunder, Grantee shall retain the unilateral power and authority
to make such instruments).
The covenants and obligations ofthe Grantee hereunder shall inure to t}te benefit
ofGrantor and its successors in interest in and to the Servient Estate.
The Easement shall be non-exclusive, and Grantor shall have the right to use the
Servient Estate for any uses and purposes that are not inconsistent with the use and enjoyment of
the Easement. No building structure may be located within the Servient Estate.
This instrument shall be govemed by and construed in accordance with the laws
of the State of Colorado. This instrument may be executed in counterparts, each of which shall
constitute an original, and which together shall constitute one and the same agreement. The
Easement granted hereunder shall become effective upon the due and valid execution and
delivery of this instrument by both Grantor and Grantee and this instrument's recordation in the
real property records for Eagle County, Colorado.
636917,2 RCFTSH
IN WITNESS WHEREOF. Grantor and Grantee have executed this Grant of
'Easementas oftheffday of W,W. \t:DS;
4t?\ Ala"ct
NTOR:
THE VAIL CORPORATION. a Colorado
STATE OF COLORADO
COI.INTY OF EAGLE
The foregol4g insfumen| was acfngwledged before me- t rltg llrtl,x,vltlxflrrrh ,zo6{6y
of The Vail Corporation, a Colorado corporation, d/b/a Vail Associates, Inc.
Witress myhand and official seal.
My commission expires: .
[Grantee's signature block follows on next page]
tZ
Name: ,/
)
) ss:
)
ffi';f;p
i"-j-^'. - -
,-4:..-a8lto ...'^s
ili4o":-......... " ^ u\zi*i; m'EP
AFudr|bF..*vdH.l-.tdlhr|tal|
6169t7.2 RCFTSH
GRANTEE:
TOWN OF VAIL, amunicipal corporation, duly
organized and existing under and by virtue ofthe
laws of the State of Colorado
ATTEST:
STATE OF COLORADO
COI.INTY OF EAGLE
Witress my hand and official seal.
)
) ss:
)
c.....-,.1,.1 ,. " The foregoiry insffument was acknowledged before me this Jf" day of
/rf-oo\t ,200ftby StanleyB. Zemler as Town Manager of The Town of Vail, a
municipal corporation, duly organized and existing under and by virtue of t}le laws of the State
of Colorado.
ey B.rZemler, Town Manager
6J69I7.2 RCFISH
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6
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AN]LERS CONOOITNUMS
(BOOK 226, PAG€ 820)
ANTLERS CONOOMINIUM
ASSoCTATTON
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EXHIBIT "A'
LEGAL DESCRIPTION
A RBCREATIONPATH EASEMENTIOCATED IN LOTB MORCUS SI,]BDTVISION, AS RECORDEDON
MAY ll, I9TTATRECEPTIONNo. l5l373,EAGLE@IINTY,COLORADO'MOREPARTICTJLARLY
DESCRIBED AS FOLI.OWS:
COMMENCING ATAFOLJNDNo.5 REBARWIII{ ALUMINLJM CAP, LS. No.2183 ON THE
EASTERLY BOUNDARY OF I,oT 8, BLOCK I, VAII./IJONSHEAD THIRD FILING RECORDED AT
RECEPTION No. I 17682 WHENCE THE NORTIIWEST CORMR oF SECTION 7 TOWNSHIP 5 souTl{,
RANGE 80 WEST OF THE SD(ITI PRINCIPAL MERIDIAN BEARS S 85'48'35" W A DISTANCE OF 1368.58
FEET BASED LTFON STATE Pt-Al.lE COOFDINATES WTIII A ROTATION OF {00'30'19'FROM PLATTED
SAID VAII./LIONSHEAD TIIIRD FILING,SAID LINE FORMING TT{E BASIS OF BEARING FOR THIS
DESCRIPTION. TTIENCES5IO35'()O"WADISTANCEOF1216.4TFEETTOAPOINTONTTIEWESTCORNER
OF SAID LOT B MORCI.'S SIJBDMSION TI{ENCE ALONG T}IE SOUTI{ LINE OF SAID LOT B, MORCUS
SUBDMSTON TrrE FOLLOWING (2) TT/O COURSES:
l) N 712910" E A DISTAITCE OF 89.72 FEE4
2) TIIENCE N 74'12'56' E A DISTANCE OF 119,69 FEET TO TTIE TRI,JE POINT OF BEGINNING:
\THENCEDEPARTTNG SAID SOUTTIUNEOF SAIDLOT B, MORCUS SUBDIVISION 79.59 FEETALONG
TIIE ARC OF A CURVE TO THE RIGI{T HAVING A CENTRAL A}.IGLE OF 25'43'33", A RADruS OF 177.2s
FEET A}iID A CHORD WHICH BEARS N 74'12'56" E, A DISTANCE OF 78.92 FEET TO A POINT ON TTIE
SOUTH LINE OF SAID I,oT B, MORCUS SLJBDTVISIoN; THENCE S 74'12'56" w A DISTANCE OF 78.92
FEET TO TTIE TRI,JE POINT OF BEGINNING. COI.JNTY OF EAGLq STATE OF COLORADO.
TIIIS LEGAL DESCRIPTION tlAD BEEN CREATED BY BRENT BIGCS PLS No. 2759E,
ON BEHALF OF PEAK LAI{D SURVEYING, INC.
IMOLIONS RIDGE IJOOP
VAIL, CO 816s7
Ptl l0&l 199\l 146\DOCS\lnt 3-Path Eacroachm€nt-L€gal.doc