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Home My WebLink AboutPEC130042 Action Form, Application and Approved PlansProjectName:MAJOREXTERIORALTERATION PECNumber: PEC130042 ProjectDescription: EXPANSION/REMODELOFTOPFLOOROFWESTWINGTOADD9NEWHOTELROOMSTOTHE EXISTING8ROOMS Participants: OWNER DIAMONDROCKVAILOWNERLLC 12/16/2013 3BETHESDAMETROCTRSTE1500 BETHESDA, MD 208146352 APPLICANT GWATHMEYPRATTSCHULTZLINDH12/16/2013 Phone: 970-476-1147 1000S. FRONTAGERD. W., STE. 102 VAIL CO 81657 License: C000002333 ARCHITECT GWATHMEYPRATTSCHULTZLINDH12/16/2013 Phone: 970-476-1147 1000S. FRONTAGERD. W., STE. 102 VAIL CO 81657 License: C000002333 ProjectAddress:720WLIONSHEADCRVAIL Location: MARRIOTT - TOPFLOOR, WESTWING LegalDescription:Lot: 1Block: Subdivision: WESTDAYSUB ParcelNumber:2101-072-1700-1 Comments:Pleaseseebelow. BOARD/STAFFACTION MotionBy:Cartin Action: APPROVED SecondBy:Bird Vote:5-0-1 (PrattRecused) DateofApproval: 01/13/2014 Conditions: Cond: 8 PLAN): NochangestotheseplansmaybemadewithoutthewrittenconsentofTownof Vailstaffand/ortheappropriatereviewcommittee(s). Cond: 300 PLAN): PECapprovalshallnotbenotbecomevalidfor20daysfollowingthedateof approval. Cond: CON0013616 1. Thisexterioralterationormodificationapprovaliscontingentuponthe applicantobtainingTownofVailapprovaloftheassociateddesignreview application. 2. Theapplicantshallmitigatetheimpactonemployeehousingofthisdevelopment inaccordancewiththeprovisionsofChapter12-23, CommercialLinkage, VailTown Codepriortotheissuanceofanybuildingpermit. 3. Atrafficmitigationfeeof $6,500.00perPMPeakHournetincreaseofvehicular tripsforatotaltrafficmitigationfeeof $6,500.00x9 = $58,500.00, shallbe paidtotheTownofVailbytheapplicantpriortoissuanceofanycertificateof occupancy. Planner:JonathanSpence PECFeePaid: $800.00 TOWN OF VAIL, COLORADO Statement Statement Number: R130002096 Amount: $800.00 12/16/201312:55 PM Payment Method: Check Init: SAB Notation: 32091 -VAIL MOUNTAIN RESORT / MARRIOTT Permit No: PEC130042 Type: PEC - Major Exterior Alt Parcel No: 2101- 072 - 1700 -1 Site Address: 720 W LIONSHEAD CR VAIL Location: MARRIOTT - TOP FLOOR, WEST WING Total Fees: $800.00 This Payment: $800.00 Total ALL Pmts: $800.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 800.00 By Shelley Bellm at 11:41 am, Dec 16, 2013 32091 800.00 1/13/12 JS 1 West Day Vail Mountain Resort/Marriott PEC130042 PRJ13-0725 See DRB Set for Approved Plans Se e DR B Se t fo r Ap p r o v e d Pl a n s Se e DR B Se t fo r Ap p r o v e d Pl a n s Se e DR B Se t fo r Ap p r o v e d Pl a n s Town of Vail Planning and Environmental Commission Town of Vail Design Review Board Town of Vail Community Development Department Town of Vail 75 South Frontage Road Vail, CO 81657 December 16, 2013 Re: PEC and DRB submittal for addition and remodel to Vail Marriott Resort Board members: Please find attached our applications to the PEC and DRB for the expansion of the top floor of the west wing of the Vail Marriott Resort. As discussed at the pre-application conference on 5 December 2013, the application to the PEC is for a major exterior alteration which adds more than 1000 sf of GRFA and 9 new AU’s to the hotel. History The west wing of the hotel suffered a fire in November 2000 that effectively destroyed the upper floors of the hotel. The Conference center below and most of the center wing were largely unaffected. The owner at the time, Host Marriott, gutted the entire west wing and rebuilt it with new guest room layouts but stayed largely within the old bulk and mass of the building, as was defined by the pre- existing steel structure. Reconstruction was completed by Christmas of 2001. The rooms on the top floor of the west wing, which we refer to as level 147’-0” (the Property calls it the 5th floor but it actually the 6th floor), were intended to serve as “hospitality suites”. These were primarily to be used for people who booked large events at the property as guest rooms with attached day rooms. These day rooms, comprising half of the 8 rooms on this floor, were not even fitted with beds. To the south of these rooms, the burned out pitched roof was replaced with an open deck that was never partitioned for the exclusive use of each room. For this reason, it is rarely ever occupied. Subsequent to the reconstruction, the property was sold to Vail Resorts who then remodeled and expanded the remaining two wings of the hotel. While this work was originally approved as an SDD, it was rezoned at the completion of the Lionshead Master plan process into the LHMU-1 zone district. Vail Marriott PEC / DRB Application- 16 December 2013 Page 2 Vail Resorts then combined the Marriott property and West Day lot properties into one development site and three separate parcels: the Marriott, the Gore Creek townhomes, and the Ritz hotel. The development rights for the entire development site were allocated among the three parcels in 2006. The Marriott was then sold to the current owner, DiamondRock Hospitality Company (DRHC). Vail Resorts remains at the hotel as the property manager. Proposed Expansion Project for the West Wing The redevelopment of the Vail Marriott has been quite successful since its completion in 2004 and the hotel frequently operates at high occupancy levels. Group business keeps things humming throughout the shoulder seasons. The 8 suites at the top level of the west wing are no longer needed to serve as hospitality suites and therefore these rooms are underperforming relative to the rest of the hotel. The Owners would like to reconfigure the layout of this floor and expand onto the south deck, infilling it with new premium guest rooms. This proposal is to move the existing single loaded corridor on the north side to the center of the building and develop 17 guest rooms accessed from the double-loaded corridor. The expansion onto the south deck adds 3016 sf of GRFA to the area of the floor and increases the number of AU’s from 8 to 17. No additional height is being proposed for the existing roof and the height of the expansion will, for the most part, match that of the existing roof. The existing mansard roof on the north elevation will remain, but the existing dormers (serving the existing corridor) will be replaced with windows for the guest rooms. The existing low roof form on the south side, which serves as the guard for the deck and which shelters the balconies below, will remain. The existing south side walls are a mansard roof form covered with roofing shingles. This wall/roof form will be pushed out to engage the low roof form, thereby replicating the two plane mansard form of the north side. The existing south side guest room doors will be replaced with guest room windows and dormer features. The windows for both elevations are proposed to be treated in a manner similar to that found on the top floor, west elevation, of the center wing of the building (see photo), whereby a copper surround is intended to give the impression of attic dormer windows. At the south-east corner, the stunning views to the Gore Range and the ski mountain warrant larger gabled dormer elements on the south and east sides of the building corner. Vail Marriott PEC / DRB Application- 16 December 2013 Page 3 Center wing: west elevation at top floors showing copper window surrounds and dormers PEC Submittal Narrative Describe the precise nature of the proposed use on development objectives of the Town. This proposal is to increase the numbers of guest rooms at the Hotel by 9 units and remodel 8 others to have higher rates of occupancy. Section 2.3.3 of the Lionshead Master Plan specifically promotes the creation of additional live beds and the increased utilization of existing beds. The relationship and impact of the use on development objectives of the Town. This proposal adds live beds within the footprint of an existing Hotel. Parking already exists. There is no increase in site coverage or decrease in landscaped area. This results in additional live beds with few, if any impacts on the neighborhood or Town of Vail; something that is very high on the list of development objectives for the TOV. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities and public facilities needs. This proposal is to infill an existing deck area on the 6th floor of an existing hotel. No additional height is proposed beyond the roof dormers at the southeast corner- sitting under the elevator room turret. The existing parking under the Ritz is adequate to meet the requirements for this addition. The effects on light and air relative to the existing conditions are adjudged to be minimal or none. While jobs will be created / maintained with the construction of the new hotel rooms, it is anticipated that no additional employees will be necessary to service and maintain these new rooms. Therefore the impact on the permanent population, utilities, schools, parks and other public and transportation facilities will be negligible. Vail Marriott PEC / DRB Application- 16 December 2013 Page 4 The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. This proposal is to add 9 new hotel rooms to an existing hotel with 315 rooms and multiple meeting and conference rooms, an increase of less than 3%. The required new parking already exists within an enclosed parking structure. Given that a large proportion of Hotel guests arrive by van, the net impact on the items listed above will be negligible. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. This proposal will no doubt increase the bulk and mass at the top of the existing Hotel on the south side as the south wall of the top floor will be moving outward by approximately 18’. However, given that the existing south wall is currently a shingled mansard roof element and the proposed new south wall will be a shingled mansard roof element that springs from another roof element, in a manner almost identical to what currently exists on the north side of the Building, the change in the apparent mass of the building will be difficult to see. Even with the addition, the face of the top floor will still be set back from the face of the building below. Additionally, there are few, if any, vantage points that will perceive the changes. The Gore Creek Place Townhomes to the south (low in height) are designed to face away from the Marriott and are too close to see the changes. West wing from pedestrian path at Gore Creek Place Townhomes Vail Marriott PEC / DRB Application- 16 December 2013 Page 5 The Ritz property is taller than the Marriott and so the increased mass at the Marriot will still sit below and behind the bulk and mass of the Ritz. The properties on the south side of Gore Creek are too far away to really be impacted by the change in the bulk and mass, given that the viewing angles are much flatter. Applicable Development Standards GRFA The allowable GRFA for the property, as defined in the 2006 Marriott Hotel/Gore Creek Place/ West Day Lot allocation memo, is 247,342 sf. This existing Hotel is listed at 149,669 sf. The addition of 3,016 sf still leaves 94,657 sf of GRFA for future development. Site Coverage As the addition sits within the footprint of the existing west wing, no additional site coverage is being proposed. Setbacks As the addition sits within the footprint of the existing west wing, there is no impact on setbacks. Building Height Under the LMU-1 zoning, section 12-7H-11, the maximum average height allowed for the entire Hotel property, exclusive of architectural features, is 71’-0”. The maximum height allowed is 82’-6”. The existing average height for the entire Marriott complex is 58.12’. The proposed addition increases this number to 59.17”. The existing maximum height for the west wing, exclusive of the turret features ( the elevator machine room and boiler exhaust chimney), is approx. 79’-2”’. As the pre-existing grade on the site was falling gently to Gore Creek, the proposed expansion southward across the deck increases this height to 80’-8”’. Both average and maximum height are within the requirements of the LMU-1 zone district. Landscape Area As the addition sits within the footprint of the existing west wing, there is no impact on landscaped area. No new landscaping is proposed. Vail Marriott PEC / DRB Application- 16 December 2013 Page 6 Parking The 2006 Marriott Hotel/Gore Creek Place/ West Day Lot allocation memo sets the parking requirement for the existing hotel at 268 spaces. This represents a 10% reduction from the Code due to shared parking with the Ritz property. Sixty (60) of these spaces are located on the Hotel site and 208 are located under the Ritz. When Vail Resorts sold the Marriott property TO DRHC, they conveyed 237 parking spaces under the Ritz to the new owners. These spaces represent the number of structured parking spaces that were in the parking structure torn down in order to build the Ritz. These 237 spaces, in combination with the 60 under the east wing of the Marriott, total 297 spaces. Therefore there are 297-268 = 29 excess spaces available to the Marriott Resort. No new parking is being proposed for the additional 9 AU’s being created as the required parking will be taken from the available excess spaces. Per section 12-10-10 of the Vail Code, accommodation units are required to have .7 spaces per AU. For the proposed 9 new AU’s, this totals .7 x 9 = 7 new spaces required. Thus the 29 excess spaces will be reduced by 7 spaces, leaving 22 excess spaces. The Town Code also requires that Hotels provide an additional 1 space for every 330 sf of conference or meeting room space. As no new conference or meeting room space is being proposed, this requirement does not apply. Submittal items not included Per our discussion at the pre-application conference, no three dimensional representation or model is being submitted at this time. It is anticipated that we will have something for the PEC and DRB hearings. Per our discussion at the pre-application conference, we are not submitting and shade/shadow studies. The infilling of the south deck throws no northward shadows and the shadows thrown to the east and west fall on space that is either already shaded by the building or on the existing roofs of the hotel. For the DRB, it should be noted that all materials and colors are to match existing. As the proposed addition sits within the footprint of the existing west wing, there are no changes to the existing site. A new site plan is not included as the survey documents the existing conditions and grades. As the proposed addition sits within the footprint of the existing west wing, there are no changes to the existing landscape. A new landscape plan is not included. As the proposed addition sits within the footprint of the existing west wing, and, as the proposed addition will result in the removal of existing light fixtures, and, as no new light fixtures are being proposed, a lighting plan is not included. CUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 11-22-2013 ABC50037476 714 LIONSHEAD PL. & 720 W. LIONSHEAD CIR. AKA MARK LODGE AND LOT 1 WEST DAY SUB VAIL, CO 81657 For Title Assistance: Scott Bennetts Scott Bennetts 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 Phone: 303-850-4175 Fax: 303-850-4184 EMail: sbennetts@ltgc.com PEAK LAND CONSULTANTS 1000 LIONS RIDGE LOOP SUITE 1D VAIL, CO 81657 Attn: JOHN FEE Phone: 970-476-8644 Fax: 970-476-8616 Copies: 1 EMail: john@peakland.net Sent Via EMail Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE INSURANCE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 11-22-2013 ABC50037476 A BUYER TO BE DETERMINED DIAMONDROCK VAIL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 714 LIONSHEAD PL. & 720 W. LIONSHEAD CIR. AKA MARK LODGE AND LOT 1 WEST DAY SUB VAIL, CO 81657 TBD Commitment $550.00 $550.00 Land Title Guarantee Company LAND TITLE GUARANTEE COMPANY INVOICE NO. - Amount Due - Invoice Charges Invoice Date: Order No. Due and payable upon receipt. For Remittance please refer to Invoice No. Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Owner: Address: ABC50037476 DIAMONDROCK VAIL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 714 LIONSHEAD PL. & 720 W. LIONSHEAD CIR. AKA MARK LODGE AND LOT 1 WEST DAY SUB VAIL, CO 81657 November 22, 2013 VA-7428 VA-7428 PEAK LAND CONSULTANTS 1000 LIONS RIDGE LOOP VAIL, CO 81657 JOHN FEE TBD Commitment $550.00 $550.00 Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: ______________________________________________________________________________________________ Copyright 2006-2013 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ABC50037476 A L T A C O M M I T M E N T 714 LIONSHEAD PL. & 720 W. LIONSHEAD CIR. AKA MARK LODGE AND LOT 1 WEST DAY SUB VAIL, CO 81657 November 12, 2013 at 5:00 P.M. "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 SEE ATTACHED DIAMONDROCK VAIL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION First American Title Insurance Company 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Our Order No.ABC50037476 A FEE SIMPLE AS TO PARCEL 1, AND AN EASEMENT FOR ACCESS TO AND USE OF PARKING FACILITIES AS SET FORTH IN PARKING EASEMENT AGREEMENT RECORDED JUNE 24, 2005 UNDER RECEPTION NO. 920514 AND FIRST AMENDMENT RECORDED JULY 27, 2007 UNDER RECEPTION NO. 200719892 AS TO PARCELS 2 AND 3 LEGAL DESCRIPTION Our Order No:ABC50037476 PARCEL 1: LOT 1, WEST DAY SUBDIVISION, ACCORDING TO THE PLAT RECORDED MARCH 10, 2005 AT RECEPTION NO. 908760, COUNTY OF EAGLE, STATE OF COLORADO. AND CONDOMINIUM LODGE UNIT, THE MARK/LODGE IN ACCORDANCE WITH THE AMENDED DECLARATION OF CONDOMINIUM FOR THE MARK/LODGE RECORDED OCTOBER 17, 1978 IN BOOK 276 AT PAGE 606 AND MARCH 22, 1979 IN BOOK 283 AT PAGE 344 AND THE CONDOMINIUM MAP FOR THE MARK/LODGE RECORDED MARCH 27, 1974 IN BOOK 233 AT PAGE 930 AND THE AMENDED PLAT OF THE SITE PLAN FOR THE MARK/LODGE RECORDED OCTOBER 17, 1978 IN BOOK 276 AT PAGE 607, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: AN EASEMENT AS DESCRIBED IN PARKING EASEMENT AGREEMENT RECORDED JUNE 24, 2005 RECEPTION NO. 920514 AND FIRST AMENDMENT RECORDED JULY 27, 2007 UNDER RECEPTION NO. 200719892 OVER A PORTION OF LOT 2, WEST DAY SUBDIVISION, ACCORDING TO THE PLAT RECORDED MARCH 10, 2005 AT RECEPTION NO. 908760, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 3: AN EASEMENT AS DESCRIBED IN PARKING EASEMENT AGREEMENT RECORDED JUNE 24, 2005 RECEPTION NO. 920514 AND FIRST AMENDMENT RECORDED JULY 27, 2007 UNDER RECEPTION NO. 200719892 OVER A PART OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF A COUNTY ROAD WITH THE NORTHERLY RIGHT OF WAY OF FORMER U.S. HIGHWAY NO. 6 FROM WHICH POINT THE NORTHEAST CORNER OF SAID SECTION 12 BEARS NORTH 4 DEGREES 31 MINUTES EAST, 552.6 FEET; THENCE SOUTH 73 DEGREES 45 MINUTES WEST, ALONG SAID HIGHWAY RIGHT OF WAY LINE, 252 FEET TO THE CENTER OF RED SANDSTONE CREEK; THENCE NORTH 4 DEGREES 30 MINUTES WEST, ALONG THE CENTERLINE OF RED SANDSTONE CREEK, 170.4 FEET; THENCE NORTH 10 DEGREES 44 MINUTES EAST, ALONG THE CENTERLINE OF RED SANDSTONE CREEK, 34.3 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. INTERSTATE HIGHWAY NO. 70; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF 2715 FEET, AN ARC DISTANCE OF 264.28 FEET TO A POINT ON THE WEST LINE OF SAID COUNTY ROAD; THENCE SOUTHERLY ALONG SAID WEST LINE, 222.31 FEET, (222.39 FIELD MEASUREMENT), MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. The following are the requirements to be complied with: (Requirements)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 1 ABC50037476 1. 2. 3. 4. Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF DIAMONDROCK VAIL OWNER, LLC AS A DELAWARE LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR DIAMONDROCK VAIL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. WARRANTY DEED FROM DIAMONDROCK VAIL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES (Requirements)Our Order No. Continued: A L T A C O M M I T M E N T Schedule B - Section 1 ABC50037476 REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 ABC50037476 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Any and all unpaid taxes, assessments and unredeemed tax sales. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. EXISTING LEASES AND TENANCIES, IF ANY. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED APRIL 19, 1978, IN BOOK 269 AT PAGE 202 AND AUGUST 30, 1982 IN BOOK 344 AT PAGE 922. UTILITY EASEMENT AS GRANTED TO CABLEVISION ASSOCIATES VI, D/B/A HERITAGE CABLEVISION INC. IN INSTRUMENT RECORDED MAY 20, 1983, IN BOOK 360 AT PAGE 42. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 ABC50037476 13. 14. 15. 16. 17. 18. 19. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AND ENCROACHMENT AGREEMENT BY AND BETWEEN THE MARK RESORT AND TENNIS CLUB ASSOCIATION, INC., A COLORADO NOT FOR PROFIT CORPORATION AND M-K CORPORATION, A COLORADO CORPORATION RECORDED JULY 27, 1982 IN BOOK 343 AT PAGE 463. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT BY AND BETWEEN THE M-K CORPORATION, A COLORADO CORPORATION AND THE MARK RESORT AND TENNI CLUB ASSOCIATION, INC., A COLORADO CORPORATION RECORDED JULY 27, 1982 IN BOOK 343 AT PAGE 464. TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENTS AND COVENANTS AGREEMENT RECORDED FEBRUARY 04, 2003 AT RECEPTION NO. 822409, MARCH 13, 2003 RECEPTION NO. 826600 AND JULY 8, 2003, RECEPTION NO. 839474. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED OCTOBER 01, 2004 AT RECEPTION NO. 893080 AND RECORDED NOVEMBER 4, 2004 AT RECEPTION NO. 896693. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF WEST DAY SUBDIVISION RECORDED MARCH 10, 2005 AT RECEPTION NO. 908760. NOTE: AMENDMENT OF ACCESS WAY RECORDED SEPTEMBER 16, 2009 UNDER RECEPTION NO. 200920433. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT BY AND BETWEEN THE MARK-LODGE CONDOMINIUM ASSOCIATION INC., A NOT-FOR-PROFIT COLORADO COPORATION AND M-K CORPORATION, A COLORADO CORPORATION RECORDED OCTOBER 17, 1978 IN BOOK 276 AT PAGE 608. TERMS, CONDITIONS AND PROVISIONS CONTAINED IN AGREEMENT BY AND BETWEEN M-K CORPORATION, A COLORADO CORPORATION AND THE MARK-LODGE CONDOMINIUM ASSOCIATION INC. RECORDED OCTOBER 17, 1978 IN BOOK 276 AT PAGE 609 AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO AGREEMENT RECORDED JUNE 16, 2005 RECEPTION NO. 919518. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 ABC50037476 20. 21. 22. 23. 24. 25. 26. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, CONTAINED IN AMENDED DECLARATION OF CONDOMINIUM FOR THE MARK/LODGE RECORDED OCTOBER 17, 1978, IN BOOK 276 AT PAGE 606 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 22, 1979, IN BOOK 283 AT PAGE 344 AND FIRST AMENDMENT RECORDED JUNE 14, 2006 UNDER RECEPTION NO. 200615657. NOTE: RIGHT OF FIRST REFUSAL WAIVER AND RELEASE RECORDED JUNE 24, 2005 UNDER RECEPTION NO. 920511. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP FOR THE MARK LODGE RECORDED MARCH 27, 1974 IN BOOK 233 AT PAGE 930 AND AMENDED PLAT RECORDED OCTOBER 17, 1978 IN BOOK 276 AT PAGE 607. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ENERGY IN INSTRUMENT RECORDED MAY 21, 2002, UNDER RECEPTION NO. 796284. TERMS, CONDITIONS AND PROVISIONS OF COOPERATION AND EASEMENT AGREEMENT RECORDED JUNE 24, 2005 RECEPTION NO. 920513. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT REGARDING DENSITY ALLOCATION RECORDED JUNE 24, 2005 RECEPTION NO. 920515. NOTE: ENCROACHMENT AGREEMENT RECORDED JUNE 28, 2005 RECEPTION NO. 920869. NOTE: CLARIFICATION OF AND AMENDMENT TO AGREEMENT REGARDING DENSITY ALLOCATION RECORDED SEPTEMBER 16, 2009 UNDER RECEPTION NO. 200920432. TERMS, CONDITIONS AND PROVISIONS OF PARKING EASEMENT AGREEMENT RECORDED JUNE 24, 2005 AT RECEPTION NO. 920514 AND FIRST AMENDMENT RECORDED JULY 27, 2007 UNDER RECEPTION NO. 200719892. LEASE BETWEEN DIAMONDROCK VAIL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, LESSOR, AND DIAMONDROCK VAIL TENANT, LLC, , LESSEE, AS SHOWN BY MEMORANDUM OF LEASE RECORDED JULY 19, 2005, UNDER RECEPTION NO. 923246. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 ABC50037476 27. 28. 29. NOTE: THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. (ITEMS 9-26 AFFECT PARCELS 1 AND 2) TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF RIGHT OF FIRST REFUSAL RECORDED JULY 05, 2005 UNDER RECEPTION NO. 921518. (AFFECTS PARCEL 1) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. (ITEMS 28-29 AFFECT PARCEL 3) LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial or insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; * Information about your transactions with us, our affiliated companies, or others; and * Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1 WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. To: Town of Vail 75 South Frontage Road Vail, CO 81657 Attn. Tom Kassmel, Town Engineer From: Kari J. McDowell Schroeder, PE, PTOE Date: December 16, 2013 Re: Vail Marriott Mountain Resort Room Expansion Trip Generation Vail, Colorado Project Background: The Vail Marriott Mountain Resort is proposing to add more hotel rooms to their current location at 715 W Lionshead Circle. This will be attained by converting existing double‐loaded hotel rooms on the top floor to single –loaded rooms. The room expansion is proposed to occur in two phases. The footprint of the resort is not changing to accommodate the additional rooms. Trip Generation: The project’s trip generation was calculated using the Institute of Transportation Engineers’ 9th Edition of the Trip Generation Manual. The calculations in Table 1 summarize the anticipated increase in traffic volumes from the additional hotel rooms. The Trip Generation Manual’s Land Use Code #330 – Resort Hotel was used for this analysis. In addition to providing sleeping accomodations, restaurants, cocktail lounges, retial shops and guest services, the Vail Marriott Mountain Resort caters to the tourist and vacation industry, providing a wide variety of recreational facilities/programs. A ten percent multimodal reduction was taken. This is a conservative reduction, as the Marriott Mountain Resort visitors have excellent pedestrian access to Vail Mountain, restaurants, shopping and transit. Based upon this analysis, the 15‐room expansion can be anticipated to generate an additional 181 trips per day on an average Saturday. An average weekday would anticipate an additional 120 trips per day from the expansion. A breakdown of the trips by phase is included in Table 1. Please call if you would like any additional information or have any questions regarding this matter. Sincerely, McDowell Engineering, LLC Kari J. McDowell Schroeder, PE, PTOE Traffic Engineer Ref.: 1Trip Generation Manual, 9th Edition. Institute of Transportation Engineers, 2012. Encl.: Table 1 – Project Trip Generation PROJECT NUMBER: M1138 PREPARED BY: KJS DATE:REVISED: Av e r a g e A v e r a g e Sa t u r d a y W e e k d a y IT E Co d e SA T Pe a k Ho u r AM Pe a k Ho u r PM Pe a k Ho u r Av g . Sa t u r d a y Av g . 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