HomeMy WebLinkAboutGOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL 1997t.
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MEMORANDI.JM
TO: Golden Peak File
FROM: Laure,n Water0on
DATE: February 13,1997
SUBJECT: GRFA at Golden Peak
On the third and fqrth levels of the building, there are spaces within each of the condominiuns
that are cmsidered atic space, but are greater than 5'in head height. On the third level of the
building, these spaces were calculated as part of the original GRFA calculations (Novernber 27,
1995). However, on the fourth level, these spaces w€re inadvertantly not calculated. These
spaces on the fourth level are as follows:
Unit l: 105 square feet
Unit 5: 80 square feet
Unit 6: -86 square feet
TOTAL 271 square feet
This square footage should have been counted as part of the original GRIA for this building' The
total GRFA approved is23,728 square feet.
r-
TO:
FROM:
DATE:
SUBJECT:
MEilORANDUII
Golden Peak File
Jim Curnutte and Lauren Waterton
February 22, 1996
Final list of conditions for the redevelopment of Golden Peak
An application for an amendment to the developmenlplan for.th-e_Gglden Peak Ski Base was
rrOrin"O by VailAssociates to the Town ol Vdil on May 15, 1995. The Planning and
Environmental Commission had four worksessions to discuss the redevelopment. The
worksessions were held June 12, 1995; September 1 1 , 1995; October 9, 1 995; and October 23'
1995. A final meeting with the PEG was neE November 27, 1995. At that meetlng, the PEg.
recommended approval (by a vote ol 6-0) of ths amendment to the develoPment plan wlth
the following conditions:
1. prior to the Town's issuance of any Building/Grading/Demolition Permits for the
redevelopment, the applicant snalibe required to enter into an agreement with the
Town. Tiris will insure that the proposed on and off-site public improvements
associated with this project are'completed in conjunction with with ftis
redevelopment.
2. The Town of Vail and VailAssociates agree that the 148-space parking structure
is an integral component ot this project, and that it will be constructed as an
element ot tne eoiOen Peak Ski'Ba-se redevelopment. lt is also acknowledged
that the construction ol the parking structure may begin in the 1997 construction
season.
3. Stafl recognizes that changes to the project may occur at the Town Council and
the final Dlsign Review Board stagei of this redevelopment application review.
However, oncle final DRB approvai has been granted, any substantial changes
made by the applicant to thb project will be required to be returned to the PEC and
possibly Town Council for additional review and approval.
4. Staff willprepare a memo the the Design Review Board identitying the PEC'S
suggeste'O rdvisions to the building architecture and site plans. These revisions
are as follows:
* The three gable roofs covering the large deck areas on the east and
south side must be moved back a minimum of three to five feet'
* The roof material used on the mechanical covering/architectural
elements should be the same material as used on the remainder of the
building roof area. This covering should be mounted on posts so that it is
6"-12" above the flat roof surface.
5.
* The design for the south skle main entry should be as depicted as shown
on the originaldrawings submitted to the Town of Vail'
The final streetscape/roadway/bus lane construction designs must be reviewed
and approved by the Public Works and Community Development Departments
prior to ttre issuince of a Building Permit for the project' Ttrc final streetscape
irprouement plan should not inciude the addition ol new sidewalk on the east side
otVailVat6y brive from the bottom of Blue Cow Chute to the Ramshorn Lodge
property.
The Environmental lmpact Report must be revised/updated a1d approved by the
Town, including the Mill Creek Geological Hazard Analysis, prior to the issuance
of a Building Permit for the project.
The Millcreek circle Plaza is acceptable as designed by the applicant. However'
the Art in Public Places Board should consider this location for the placement of a
piece of art.
The applicant will complete construction of the VailTrail extension from its current
termidtis, located behiirO the Children's Center, to the western edge ot the Vail
Associates property prior to the issuance of a Temporary Certificate of Occupancy
for the base lodge lacility.
The design of the seasonal tent, proposed to be located near the ski race course
finish arel, must be reviewed and approved by the Design Review Board prior to
its placement on the property.
A comprehensive sign program for all on and off-site signage-ln $e alea ol
Golden Peak must be revieweO and approved by the Design Review Board pnor
to the assuance of a Building Permit for the project.
Staff and the applicant will work together to come up with a mutually acceptable
solution for thefinal location of tire proposed attendant booth tor the parking
structure.
Staff recommends several improvements to the landscape plan, however, since
the landscape plans requires Design Review Board approvql,{ese comments
can be addiesied at that time. The applicant shall add two 20{oot evergreen
trees in the residential condominium fiaza and the specimen maple tree must be
relocated from the residential condominium plaza to the public skier drop-ofl
plaza.
Section Vl (B) of the Golden Peak Operational Management Plan (DEVO/Local
and Community Programs) shallbe amended to read as follows:
Tier ll. In the event fiat some or all of the Tier I techniques have been
-
irnptementeO and DEVO still adversely impacts portal congeslion then the.
foliowing successive management ettbrts witt be undeftaken in the next ski
season or Peak Perlod:
6.
7.
L
9.
10.
11.
't2.
13.
1. DEVO will be relocated in part or in whole to ofier vail Mountaln
portals
After two worksessions with Town Council on November 28, 1991i and December 5' 1995'
if,eio*n Council, at the December 19, 1995 meeting, apprg1{ (by a vote of 6'0) tho
Golden Peak Skl iase redevelopment application wlth the tollowlng conditlons:
1. Prior to the Town's issuance of any Building/GradingiDemolition Permits for the
redevelopment, fte applicant shalibe required to enter into an agreement with the
Town. Tiris agreemehi will specify the obligations of the Town.of Vail and Vail
Associates as tney relate to ine dotOen Pebk redevelopm_ent, i.e., fansfer ol
easements, detail; on cost sharing, establishment of the Golden Peak
Operational Management Plan Assessment Committe' etc'
2. The Town of Vail and VailAssociates agree that the 148-space parking structure
is an integral component of this project, and that it will be constructed as an
element o-t tne OoiOen Peak Ski'Babe redevelopment. lt is also acknowledged
that the construgtion of the parking structure may begin in the 1997 construction
season. ll any Certificate ot Occuiancy for the redevelopment is requested, and
the parking siruchrre is not complbted, the Town will request that the applicant
proviOe sufficient collatoral to insure its completion at a later date'
3. Staff is directed to prepare a memorandum to the Design Review Board identifying
the PEC and town council's concerns with the project and requesting that the
DRB focus their review on the following issues:
* The roof material used on the mechanical covering/architectural element
should be the same material as used on the remainder of the building roof
area. This covering should be mounted on posts so that it is 6"-12" above
the flat roof surface.
. The aisle widths in the children's center parking lot will be reevaluated
by the Town of vail staff and the applicant's representatives in an effort to
piovide a sidewalk of acceptable wiilth, including landscape screenlng and
ietaining wa1design. The finaldesign is subject to review and approval by
the Design Review Board.
. comprehensive sign program that details botfr on and off-site signage.
' Building colors, materials and details
. Landscaping, site details and materials
' Design of the Mill creek circle plaza will be reviewed with regard-to
.
increased landscaping, screenin! of the tetephone utility box, and final
design.
4.
5.
8.
L
6.
7.
The final streetscape/roadway/bus lane construction designs must be reviewed
ano approueo by the pubtic works and community Development Departments
prior to ttre issuince of a Building Permit for the project'
The sidewalk proposed on the east side of Vail Valley Drive, the sidewalk from the
Children's Ceitei to the soccer field, and a pedestrian connection to the Ford
Firx parxing lot shall not be considered to tie a part of the Golden Peak
redevelopm-ent plans and will not be constructed in coniunction with_the Golden
peit< imirovem'ents. The Town Council and Vail Associates agre_e !q work in
association to construct future off-sife improvements connecting Golden Peak with
Ford Park and the soccer field pafting lois. Additionally, tre finalsolution lor
impioving the existng ftf anol Viif s6iwak will be delayed until the realignment of
Vail Valley Drive is complete.
The Environmental lmpact Report must be revised/updated and approved by the
Town, including the Mill Creei Geological Hazard Analysis, prior to the issuance
of a Building Permit for the proiect.
The applicant will complete construction of the Vail Trail extension from its current
termirids, bcated OehiirO the Ghildren's Center, to the western edge of the Vail
Associates property prior to the issuance of a Temporary Gertilicate ot Occupancy
for the base Odge iacitity. The design of this trail must be reviewed and approved
by frle Design Review Board.
The design of the seasonal tent, proposed to be located near the ski race course
finish arei, must be reviewed anil aiproved by the Design Review Board prior to
its placement on the property.
The Golden Peak Operational Management Plan shall be amended as follows:
A. Sectlon Vl (B) (DEVO/Local and Community Programs):
Tier ll. In the event that sorne or all of the Tier I techniques have been
irnptementeo and DEVO still adversely impacts portll congestion then the
foliowing successive management effbrS witl be undertaken in the next ski
season or Peak Period:
B.Sectlon ll (tlanaged Parklng Structure):
Any reference to the number of tier I parking spaces shall be changed
from 50 to 75.
DEVO will be relocated in part or in whole to other Vail llountain
The l}esign Review Board had two conceptual rsviews of the redevElopment proiect on-
ia"r"w i, rg96 and feorulry z, rg96. On Fetruary2l,1996, The D.oig! Review Board
"p'pi""l,o iui a rote of $0) tie 6o6en Peak Redevblopment prolect sublect to the
tollowing conditions:
1. The Streetscape Lighting Plan will be approved by stafi'
2. Add pavers to the c-rosslwak between Manor Vail and the Base Lodge Building'
g. The ivail north of tre Children's Center is not approved with this application. .4. The sewer line under the bridge crossing Gore'Creek will be painted to make it
disappear. That color can be approved by staff'
S. The handraits on that bridge wili hatch in color to other handrails in the Village'
such as the International Bridge'
6. Field actjusiments regarding tfe hndscaping may be,made. These changes shall
be timitdd to the souir sicte-of tre buildirig on top ot the parking structure and are
related to the snowcat operations'
7. The Vail Trail and walkway adjustments can be relined and worked out with staff.
g. The Town Engineer's (Gr6g HhtD btter must be addressed and all issues must be
resolved.9. By June 1, 1996, the following items need to be returned to the DRB for final
approval:A. All exterior lighting for the building.
B. The exterior signage Program.C. The Race Building.
D. The TenUPavillion design'
E. The Children's Center wall'
f:\weryone\lauren\gol@lAfi Dd. I 09
TO:
FROM:
DATE:
SUBJECT:
UEMORANDUM
Town Council
Community Development Department
November 28, 1995
Golden Peak Ski Base Redevelopment
Attached to this memo is the staff memorandum on the proposed Golden Peak Ski Base
Redevelopment, which was reviewed by the Planning and Environmental Commission on
November 27,1995. This memoranilum is provided to the Council members as background
information for the discussion of the Golden Peak Redevelopment Application, which is
scheduled to occur on the afternoon of November 28, 1995.
Although the Golden Peak Ski Base Redevelopment Application is not scheduled for a first
reading review until December 5, 1995, staft requested a brief worksession in order to familiarize
the council members with the proposed redevelopment projecl.
GOLDEN PEAK SKI BASE REDEVELOPMENT
Staff llemorandum
TABLE OF CONTENTS
fntroductloL ..........2
2. VailVillage Master P1an............... ..................15
3. Transportation Master Plan.-............ .............17
4. Streetscape Master P1an.............. .................18
5. Recreation Trails Master P1an............... .........25
6. Comprehensive Open Lands Plan.... .............26
Devefopment Plan Standards and Criteria .................27
Criteria for Approving the Multi-Family Dwellings.. ..........................3t1
v.
A.
B.
il.
tv.
c.
D.
t|v€ryon9\pech6rnoobpe.f .n27
TO:
FROM:
DATE:
RE:
MEIIORANDUil
Planning and Environmental Commission
Community Developrnent and Public Works Departments
November 27, 1995
A request for an amendment to Chapter 18.39 ot the Vail Municipal Code (Ski
Base/Recreation Zone Distric$, and an amendment to fie previously approved
development plan for the Golden Peak Ski Base, 485 Vail Valley Drive/Tract F,
VailVillage 5h Filing and Tract B, Vail Village 7th Filing.
Applicant: Vail Associates, Inc., represented by David Corbin
Planners: Jim Cumutte and Lauren Waterton
I. INTRODUCTION
Vail Associates, Inc. has requested approval ol an amendment to Chapter 18.39 ol the Vail
Municipal Code (Ski Base/Recreation Zone District) and an amendment to the previously
approved development plan tor the Golden Peak Ski Base property located at 485 Vail Valley
Driveffract F, Vail Village Sth Filing and Tract B, Vail Village 7th Filing.
The Golden Peak Ski Base is located in the Ski Base/Recreation zone district and is the only
property within the Town of Vailwhich has this zoning designation. Ski Base/Recreation is a
very unique zoning designation, however, it does have similarities to the Special Development
District (SDD) and the General Use (GU) zone districts. The zoning parameters allowed within
these districts are very closely tied to a "development plan", which is reviewed and approved
along with the proposed text of the zone district provisions. Therefore, it is important to note that
the review of the Golden Peak Ski Base redevelopment application is twofold, and includes:
(a) Zoning Code text revisions, and (b) Revisions to the previously approved Development Plan.
A. Proposed Zoning Code Text Revisions
The applicant is proposing to make minor amendments to the text of Chapter 18.39 of the
Vail Municipal Code (Ski Base/Recreation Zone District) to reflect the proposed
amendments to he previously approved development plan. Rather than provide a
detailed explanation of all the proposed text changes in this memorandum, staff requests
that the PEC members review Attachment # 1, in which the proposed changes are clearly
identified. The text proposed to be deleted from the District has a line through it and the
text which is proposed to be added to the district is in bold.
l:bvaryonovocvn€mosbFd(.nt
2
B. Proposed Revisions to the Previously Approved Development Plan
1. Overvlew
Chapter 18.39.090(A) (Development Plan Required) of the Ski Base/Recreation Zone
District states:
"To ensure the unified development, the protection of the natural environment, the
compatibility with the surrounding area and to assure that development in the ski
base/recreation district will meet the intent of the district, a development plan shall
be required."
The approved development plan shall be used as the principal guide for all development
within the Ski Base/Recreation District. Amendments to the plan which do not change its
substance may be approved by the PEC at a regularly scheduled public hearing. The
changes to the previously approved plan currently being proposed by the applicant are
considered to be substantive and, therefore, require PEC, Town Council and DRB review.
There are signilicanl transportation/circulation and parking issues and opportunities
associated with the proposed redevelopment of the Golden Peak Ski Base. The interfaoe
between and among Town of Vail buses, private shuttles and vans, private vehicles and
pedestrians must be carefully reviewed, The challenge is to accommodale the variety
of sometimes conflicting uses and users in the most safe and etficient manner
possible, taklng into account the Interests of the nelghborhood.
To understand and meet the transportation/circulation and parking needs, associated with
the Golden Peak Ski Base redevelopment, Vail Associates has hired TDA, Inc. of Denver
(a transportation planning firm) to conduct an analysis of the transportation operating
characteristics of the Golden Peak Ski Base. This analysis identifies the number of
skiers arriving by the various modes of transportation, documents existing access and
circulation conditions, provides future design day arrival volumes, and presents an
operations plan to insure appropriate use of the facility and minimal traffic congestion.
Vail Associates has also hired RRC, Associates of Boulder (a research, planning and
design firm) to perform a Golden Peak Ski Base portal analysis and facility survey. This
survey polled 527 skiers regarding inlormation relating to their current and expected uses
of he Golden Peak Ski Base facilities. A copy ot the complete TDA and RRC reports are
contained in the original application notebooks previously provided to fie PEC and Town
Council members. A summary of the information contained in those reports, however,
can be found as Attachment #2 to this memorandum.
Vail Associates proposes to alleviate vehicular and pedestdan congestion now
experienced on and around the property by (1) formalizlng and lmproving the
general skler dropoff, (2) reduclng vehicular traffac wlth the removal of the presont
publlc parklng lot and by "managing" the on-site parklng, (3) designing the
Children's Genter dropoff area, and (4) making improvements to the maior
pedestrian ways leading to the site.
l:\avoryono\pocvnemosbpesk.n2T
3
2.ll4or Elements
The major demenF of the proposed Golden Peak Ski Base redevelopment plan are
identified as follows: (see Attachment #3 for site plans, buitding floor plans and elevation
drawings and other drawings associated with the redevelopment project).
The existing Golden Peak Ski Base lacility is proposed to be replaced with a new base
fodge buf ldlng ot 82,779 sq. ft., in virtually the same location as the existing building and
the building approved in conjunction with the 1985 redevelopment plan. (Please see
Section ll of this memorandum (Background) for a more detailed descraption of the
previously approved 1 985 redevelopment plan).
The proposed program for the new base lodge building includes employee lockers and
office space, meeting room areas, public restrooms and lockers, condominium palking
spaces and a private club on the lower level of the building.
The second level of the building (which is the first level on the mountain side of the
building, due to a grade ditferential) is comprised of retail space, a restaurant, and
ticketing/ski school facilities. The third and fourth levels of the building are devoted to six
residential condominiums. A more detailed breakdown of the square footage calculations
of the proposed building, in comparison to the 1985 approved plan, is provided on the
page following the Zoning Analysis.
The proposed uses In the base lodge bullding are virtually the same as the uses
revlewed and approved in 1985. The square footage allocated to each of th33e
useg, wlth the exception of restaurant and employee locker room space, has
slgnlflcantly increased. The building square footage proposed for approval with this
redevefopment plan is approxlmately 17,629 sq. ft., or 27o/olarger than the 1985
approval.
The exlstlng 150-space sudace parklng lot, which is currcntly open to the publlc for
a fee, ls propcsd to be rcmoved and replaced rvith a 148-space "managsd" parking
structurs. This structure is proposed to be approximately 64,800 sq. ft. in size and is
substantially buried into the hillside where the tennis couns are currently located. Wth
the exception 0f the vehicular opening on the northwest corner and the pedestrian access
on the northeast corner, the structure will not be visible.
In response to neighborhood concerns regarding trafftc congestion in the neighborhood,
Vail Associates has proposed a managed, or "reserved right-to-park," mechanism that is
designed to control the availability and use of parking spaces in the structure. This
mechanism, which willbe offered to fie public, is a non-equity "club" or association of up
to 500 members, who would have the right to park in this structure for a fee. Two tiers of
membership in this association are proposed. The flrst tier would consist of 50 members
who would have a right to park in the structure in an identified reserved parking space.
These first tier members would also have the right to use the club facilities located within
the lower level of the base lodge facility. This club includes lockers, locker room facilities,
ski valet, ticketing, and oher amenities. The remaining 98 parking spaces would be sold
to sgcond tler members, who would have the right to park in the structure based upon a
controlled reservation system. Second tier memberships would be sold at a 2:1 ratio,
however, if demand warrants, additional subscriptions may be offered up to a ratio of
4.5:1, 0r approximately 450 tier two members. Second tier members would also have the
right to use the club facilities. These members would be required to call a minimum of 24
t:bY.|yon ts€cvn rnc\ep.d(.nz'
hours in advance to reserve their use of an available space. A reservation list would be
compiled daily for use by Vail Associates personnel stationed in the attendant booth at
the entry to the structure.
ln the event that not all of the 98 second tier parking spaces are reserved on a given day
by the club members, Vail Associates reserves the right to utilize these spaces for other
guests, members of the skiing public, employees or other persons who could call and
reserve a space less than 24 hours in advance. This provision in the operational
structure of the club would allow full, or nearly full, utilization of at least 98 ol the 148
parking spaces in the structure. Members of the general public would be able to reserve
a second tier parking space but will not have the right to utilize club amenities.
See the Golden Peak Operational Management Plan, Attachment # 4,lor a more
complete explanation of the proposed parking structure management.
Although the applicant has indicated that they intend to construct the parking structure
and all improvements on the Golden Peak property during the same construction season
it is possible that, due to lack of suflicient pre-sales, the parking structure may not be built
at all or may be delayed one construction season. Vail Associates has indicated that if
the parking structure is not constructed, the area where it was intended to be located
would be regraded and revegetated and a discussion would occur with the Town Council
regarding their obligation to pay parking pay-in-lieu fees for the loss of public parking that
would result.
The four existing tennls courts at the Golden Peak area are proposed to be removed in
conjunction with frris redevelopment proposal. An agreement has been reached between
the Vail Recreation District (VRD) and Vail Associates that calls for a cash payment to be
provided by V.A. in order to cover the cost of relocation, resurfacing and construction of
new court(s) elsewhere in lhe Town of Vail. The number and location of the courts will be
determined by the VRD, with Ford Park being considered as the possible new location.
The 1985 approved development plan contemplated the possible relocation of one tennis
court to the Chalet Road right-of-way. lt is the intention of the VRD to leave the existing
tennis courts next to Chalet Road, but not to expand the tennis program at that site.
Therefore, no additional courts have been proposed in the Chalet Road right-of-way.
Both ski lifts 6 and 12 are proposed for replacement as a part of this redevelopment
plan. Chair 6 is currently a double chair with an hourly capacity ol 1,130 skiers per hour.
It is proposed for replacement with a detachable quad chair lift with an hourly capacity of
2,250 skiers per hour. Chair 6 will be redesigned to allow skiers to unload at a midpoint
on the top of Golden Peak, or to continue on to the top terminal located near the base of
Chair 1 '1. In the future, Chair 10 will be realigned and extended, ultimately enabling
skiers to ride a 6 to 10 connection to the Two Elk Restaurant and China Bowl.
The new plan calls for the lower terminal of Chair 6 to be relocated approximately 30' to
the east. This will cause the lift alignment to shift from its current location, and will
necessitate the removal of additional trees in the area. The lower terminal is proposed to
be of a similar design as the lower terminal 0f the Vista Bahn. The color ol fte terminal
housing, however, is proposed to be green rafier fian blue. The lift operator building will
also be replaced, and relocated to the east side ol the terminal. lt is intended that this
building will accommodate overnight ski storage and a bus shelter in addition to its
function as a lift operator building.
l:\eYsryono\pocvn€mGbpsrk.n27
The existing Chair 12 is currendy a double chair with an hourly capacity of 960 skiers per
hour. The proposed replacement chair will be a fixed grip, low profile, Uiple chair, wih a
slow loading speed to assist in the instruction of children and lirst time skiers. This lift is
proposed to have an hourly capacity of 1 ,500 skiers per hour. The base of Chair 12 will
remain near its present location. However, the upper terminal of the lift will shift
approximately 230 feet to he west and will be 50 feet lower in elevation. This relocation
allows lor less interference with other skiers and provides easier terrain for beginners.
The new alignment is proposed to be located through an existing stand of trees, some of
which may need to be removed. Similar to Chair 6, a new lift operator building is
proposed near the lower terrninal. The existing lift operator building also functions as a
locker room for lift aftendants that are based out ot Golden Peak. The new plan calls for
these employee lockers to be relocated to the basement of the new base lodge building.
In addition to the replacement of Chairs 6 and 12, the applicant is proposing to relocate
the "poma" lift from its current location on the west side of Chair 12 to the Children's
Center area. The lift will service the practice area for the Children's Ski School, as well
as provide ski-in/ski-out opportunity for the residents at Northwoods Condominiums and
Pillos Del Norte to fie east. Some regrading is proposed in this area, but there will be no
loss of vegetation.
There are currendy 21 head-in parking spaces located immediately west of the
Ghlldrcn's Genter. The proposed redevelopment plan includes a total ot 30 short -term
spaces located on he inside curve of he expanded bus drop-off lane. Although Vail
Associates'traffic consultant recommended the addition of 12 to 15 palking spaces to the
21 exisiling spaces, which would provide a total of 33 - 36 spaces, it appears that site
limitations are such that 30 spaces are all that can be provided. The bus lane will remain
on the east side of the Golden Peak property between the new base lodge and the
Children's Center. The separated bus lane is proposed to be much longer than it is
currently, accommodating the turning radius requirements of the Town of Vail's new
longer buses.
The general public skier dropoff zone, wtrich is currently located on the eastern portion
of the site, has been expanded and relocated to the north side ol the new base lodge
building and parking structure. This area has been designed to accommodate 29
vehicles. 23 of the spaces are depicted on the site plan as angled dropoff spaces, with
the remaining 6 being parallel dropoff spaces, thereby maintaining a continuous flow of
vehicles through the area.
In the center portion of the skier dropoff zone, one loadlng and delivery berth has been
provided into an area between the base lodge building and the proposed parking
structure.
The entrancs to the slx residential condominiums is located on the far eastern end of
the general public skier dropoff zone. The entry courtyard is gated and surrounded by a
privacy wall and landscaping. Two guest parking spaces, a sidewalk and the driveway
leading to the residential parking structure are located inside the courtyard area.
Vail Valley Drive ls proposed to be realigned to allow for an improved intersection at
the existing Manor Vail entrance, as well as to straighten out curves in the road, in order
to improve sight distances.
l:\averyone$ecVnemcEpe*-nZ,
Several pedestrian and blcycle connections leading to, and around, the Golden Peak
Ski Base are proposed for improvement in conjunction with this redevelopment plan. On-
site pedestrian and bicycle path improvements are depicted on the various site plans and
off-site streetscape irnprovements are described in more detail later in this memorandum.
Upon final approval of the development plan, cross-easements will be entered into
between Vail Associates and the Town of Vail to assure the unrestricted use ol the public
areas in and around the Golden Peak base area.
In an effort to provide more detailed information regarding how the various elements of
the Golden Peak Ski Base facility will be operated, the applicant has submitted the
"Golden Peak Operational Management Plan" for PEC review. This plan is a
supplement to the various development plans that have been presented in conjunction
with the redevelopment application (see Aftachment # 4). The plan is also an outgrowth
of fr|e Growth Management Agreement between the Town of Vail and Vail Associates,
which is intended to manage peak periods within Vail. Like the Grounh Management
Agreement, the proposed Golden Peak Operational Management Plan is a means of
managing the demands upon the Golden Peak portal and the impacts on surrounding
infrastructure. The Management Plan provides varying operationaltechniques,
depending on the period of the year. There are three different periods that have been
identified: Christmas Peak, which are the days between December 26th and December
31st; High Season, which includes President's weekend and each weekend beginning the
third weekend in February through the end of March; and non-peak, which are the days
outside of the two above-mentioned periods.
It is important to note that the design day standard for Golden Peak planning studies
and infrastructure assessment is 15,fi10 sklers at one time ('SAOT'), which is a typical
day count for the current Christmas peak period. The physical infrastructure currently
proposed is designed to accornmodate the portal demands at a 15,000 SAOT event.
As recommended by staff, the components or elements which are identified in the
Operatlonal Management Plan lor Golden Peak, include the following:
A. Managed parking structure;B. Public skier and Children's Center drop-off areas;C. Employee parking;D. Mountain operations;E. Localand community programs, suct as DEVO;F. Ski Club Vailactivities:G. Adult and children's ski school;H. Loading, delivery and trash removal;l. Snow management; andJ. Special events.
The lllll Greek Diversion, a branch of the Mill Creek main channel used to divert
excessive stream flows, runs through the Golden Peak property. A portion of this
diversion, from Chair 6 to the north side of Vail Valley Drive, is currently in an
underground culvert. The applicant is proposing to extend and bury the culvert an
additional 370leet to the west. This extension is necessitated by the regrading of the
lower sections of he ski runs that end at Golden Peak. Staff has received a letter from
the Golorado Division of Wildlife stating that they have no objections to the culverting of
this section of Mill Creek. The applicant has also been working with the Army Corps of
Engineers to obtain approval of the undergrounding. Statf believes hat the proposed
culvert extension will not adversely impact this site. Alpine Engineering Inc. has designed
f bwrlonets€cvnomcbpodcn2T
the extended culvert to accommodate, the proposed undergrounding without increasing
the 100 and 500-year flood potential on surrounding properties.
o Cunendy, there are two race course lanes at Golden Peak. These race courses are
used for the Ski Club Vail program, amateur racing and private races for groups visiting
Vail. The proposed redevelopment increases the number of race course lanes to three,
with the ability to have four when demand is high. A new building is proposed to be
located at the base of the race course. This building is intended to be used for the
operations ot the races, including public address and timing. The building is proposed to
be located approximately 130 teet to he south ot the new base lodge facility. The lhree
existing buildings, located near the race course, are currently used for storage associated
with the race lanes and are proposed to be removed. The new litt operator buildings and
the race finish building will provide storage for race events.
II. BACKGROUND
In 1983, a new zone district, Ski Base/Recreation, was created in order to allow the Golden Peak
Ski Base facility to be rezoned from Agricultural and Open Space to Ski Base/Recreation. As a
parl ot fie rezoning process, a development plan for the site was required. In late 1983, the
Town Council approved a development plan for the Golden Peak ski base. The concept of ftat
development plan was to retain all fie uses in one main building. The existing building was to be
removed and a new building was to be constructed in the same general location as the existing
building.
The plan included a new base facility containing: public lockers, employee lockers, condominium
parking, retail, and a nursery on the first level. A restaurant, Ski School and Children's Center
was located on the second level. As with the current proposal, the 3rd and 4th levels were
dedicated to six residential condominiums. There were also improvements to the parking, tennis
courts, and bus turnaround. Arnendments to that plan were approved by the PEC on January 7,
1 985 and final Design Review Board approval was granted on January 30, 1985. This plan has
never been tully implemented.
At the same time that this development plan was approved by the Town, Vail Associates signed
a declaration ot proteciive covenant with the neighborhood. Any additions or modilications to ftis
covenant requires a vote of approval from the owners ot 75/" of the "benefitted land" (the Golden
Peak Neighborhood Association).
Since the initial approval, Vail Associates has requested several amendments to the approved
development plan. Listed below are the amendments that have been granted:
1) On July 2, 1985, the Town approved an Interim" development plan for Golden Peak. At
that time, Vail Associates did not wish to fully complete the development plan that had
been approved earlier in the year. The approval for the interim plan lapsed atter two
years. The interim plan contained the following:
A. A new modular building, adjacent to the existing winter-time modular, for day-care
purposes (for children ranging in age from intant to 3 years old).
B. A revised parking lot configuration accommodating 103 paid, public parking
spaces, 20 Vail Associates staff spaces and 18 parent dropoff spaces.
C. A new set of stairs, near the existing dropoff area, leading to the bike patr west
of the modular buildings.
f:bveryoneFeclndrGbpsat.nUl
D. A revised landscape plan including berming on the east end of the parking lot and
five additional spruce trees north of the modular units.
E. An interior remodel of the existing buildings to improve employee working
conditions and to add space to the rental shop.
2) In February 1988, the PEC and the Town Council approved the Golden Peak Children's
Center. The Town Council approved Ordinance No. 6, Series of 1988, and amended the
Ski Base/ Recreation Zone District to allow for the Children's Center in this zone district.
The approval allowed lor the separation of the children's ski school program, and child
care, from the main building. This approval also allowed for the removal of the existing
modular building that had been used for several years by the Ski School.
3) On September 14, 1992, the PEC approved an amendment to the development plan to
allow for the addition of two ski tows, located adjacent to the Golden Peak facility (the
magic carpet and the poma lift).
4) In July 1993, the PEC approved an amendment to the development plan to allow for new
restrooms and locker rooms, attached to the northwest corner of the existing building.
These buildings were constructed as approved.
Since May '1995, when Vail Associates submitted the application for an amendment to the
approved development plan and an amendment to the text to the Ski Base/Recreation Zone
District, there have been many meetings with the PEC, Town Council and staff. The following
information is intended to proMde a summary of the discussions that have occurred.
A joint worksession with the Vail Town Council and the PEC was held on June 12, 1995. The
purpose of the worksession was to provide an overview of the project to the public and the board
members, as well as to discuss and provide direction to the applicant regarding the Town's
position on a number of 'policy issues" related to the proposed redevelopment project. The
issues discussed at the worksession included:
A. Transportation/CirculalionandParking
1. Privatized Parking Structure;
2. Employee Parking;
3. Skier and Children's Center DropOff/Pick- Up Areas;
4. Roadway/Pedestrian lmprovements;
B. Neighborhood lssues;C. EmployeeHousing;andD. Review Schedule.
At a Vail Town Council worksession on July 1 1, 1995, the Council discussed and resolved a
number of the larger policy issues related to the Golden Peak redevelopment application, and the
surrounding neighborhood. The issues discussed included:
A. lmplementation of the Streetscape Master Plan;B. Making Vail Valley Drive a one-$ray street;C. Primary modes of access to the new faciliry;D. The loss of public parking;E. Employeeparking;andF. Possible parking structure at Ford Park.
f:bveryonebecvnemo6bp€ek.n?
g
At fie end of fiis meeting it was suggested that joint working meetings be held with the
applicant, the applicants consulting tearn, neighborhood representatives and Town staff for the
putposes of clarifying and resolving technical issues related to the project. Five joint working
meetings held throughout the months of July and August (1995) included discussions of the
following topics:
A. Pedestrian connections, including implementation of the Streetscape Master Plan;B. Vehicular entrance to the residential units:C. Design of the Children's Center and General Skier drop-off zones;D. Managed parking structure;E. OuUine ol Operational Managernent Plan concepts;F. Design of soccer field parking structure;G. Bullding architecture, mass and bulk and, roof form; andH. Project review schedule.
On September 11, 1995 a worksession was held with the PEC lor tre purpose of updaling the
public and PEC members on the revisions which had been made to the project since the last
public meeting (July 1 1, 1995). lssues discussed at his worksession included:
A. On-mountain improvements
1. Lift alignments
2. Mountain regrading
3. Race course
4. Mill Creek diversion culvert extension
5. Debris flow study
6. Bike paths and hiking raits
B. Base facility site planning
1. Pedestrian and vehicular circulation
2. Landscape plan
3. Grading plan
4. Snow management plan
5. Building massing and roof form
A jointwoftsession was held on October 9, 1995 wih the PEC and the Design Review Board lor
the purpose of discussing the architecture of the proposed base lodge and employee houslng.
On October 23, 1995 a finalworksession was held with the PEC to discussion he Sfeetscape
improvements planned for Vail Valley Drive, from fie Village Transportation Center to the
Children's Csnter, The PEC also gave the applicant feedback on the proposed Operational
Management Plan.
Statf memoranda and minutes for he meetings described above are on file at the Office of the
Department ol Community Development.
t:bwryone\pec\,nernoabp€dffi ?
10
ilt.ZONING ANALYSIS
The following zoning analysis has been prepared for the purpose of comparing the proposed
redevelopment plan to the Ski Base/Recreation zone district development stiandards and to the
previously approved 1985 development plan. For a more complete breakdown of the specific
uses within the building and a comparison of the 1985 approved plan to the 1995 proposed plan,
please see the next page.
Zoning:
Lot ArEa:
Setbacks:
Sito Coverage:
Iandscaping:
Parking:
Hoight:'*
Dwelling Units:
GRFA:
Commeicial area
Tolal floor arse:
Ski Base/Recreation
49.83 acres
Alloursd/R€quired
bv Zonino
As shovvn on lhe
appov€d d€vElopnefll
plan
A8 shoYvn on fie
eppruved d€veloprnem
pran
1985 apptowd
develoom€nl ohn
n-95'
s-rve
e-45'
w - 206'
30,1 56 sq. fi.
'149 soaces
As shovvn on lhe N/A
approved developmenl
plan
As sf|own on lho
epprcved devsbpm€r
plan
1995 propos€d
develoomern olan
n - 96' lo lodge
78'to gE ege
s-da
e-r|3'
w-15'logarage
210' lo lodgo
31 ,725 sq. ft. lodg€
32,254 sq. ft. of
perfiing structure
N/A
"221 spaoes
5% arch. pftiectbns
74% l€ss lhan 35'
20% l€ss lhan 40'
6 dwelling units
n.gv"ol
29,457 sq. ft.
7,526 sq. ft. or 996
3,607 sq. ft. or 47"
82,2/9 sq. ft.
For a llal or rnnsard rool - 35' 35'
607" rcof area less than 35' 40'
40"/" roof area less than 40'
1 dw€llirE unit per 8 acr6 or
6 dwelling units
3@/. of lhe lotal gr6s
square loolage of fte
mein building
6 dwelling units
22.?/"or
14,462 sq. fi.
No limilation exc€pl rolsil& me€ting 4,633 sq. fl. or 7% for rerail
space, which is 15% & syo resp€ctively 2,005 sq. fl. or 3% for meating space
ol the non-rceidential floor area.
A6 shown on lh€
approv6d development
plan
65,15() sq. tt.
' This figure includes 1 1 I public parking spaces, 12 spaces associated with the six residential units, 7 general skier
dropoff spaces and 1 2 GhiHren's Centsr spacas that wer€ addEd in 1988.
" This f igure includes 'l48 managed spacss, 1 4 spaces associated with thE residential units, 29 gneral skier drop-
off spaces and 30 Children's Center dropoff spaces.
"' For a more detail€d definhion of how building height is calculated in the Ski Base Recreation Zone Distrbt, please
see the proposed zoning changes att:rhed lo the end of this memorandum. Note: Architectural projections may
exc€€d th€ maximum building height by 25% of the height limit but not more than 15 feet.
tbvaryon€\pecvnem6Epe&.n27
11
o
Square footage calculations and comparlson to the 1985 approved plan
Square Footage by Use
Retailspace
Restaurant
TicketingiSki school
Conference/meeting rooms
Employee lockers
Residential:
GRFA
Common area
Parking area
Children's SkiSchool
Private Club
General Common Area:
MechanicaUStorage
Circulation
Restrooms
Base Lodge Total
Managed parking structure
Total Building Squarc Footago
1985
4,633
12,165
3,097
2,005
7,998
't4,462
2,662
2,227
5,863
0
1,790
7,463
785
65,150
+0
65,150
1995
7,526
9,756
3,252
3,607
5,7U
23,457
6,910
5,055
0
4,',t70
3,680
7,689
1.913
82,771t
+59.380
142,159
o/"Change
+ 8?/"
- 2E/"+ 5o/"
+7f/o
- 28o/o
+ 6?/"
+ 159o/o
+ 127o/o
N/A
N/A
+ 105o/o+ T/"
+ 144o/o+ 2T/o
N/A
+ 118%
Souare Footage by Floor
First
Second
Third
Fourth
TOTAL
Square Fooage bv Dwelling Unit
Unit 1
Unil2
Unit 3
Unit 4
Unit 5
Unit 6
TotalGRFA:
Residential Common Area:
Total Resldentlal Floor Area:
1985
28,131
20,691
13,190
3.138
65,150
2,883
1,890
2,638
2,639
2,556
1.856
14,462
+2.662
17,124
1995
30,097
25,115
18,339
9.228
82,779
o/"Change
+ 7o/o+ 19/"+ 39/"
+ 1877o+ 26.h
4,637
3,339
5,000
3,295
3,s90
3.596
23,457
+6.910
30,357
+ 61%
+ 760/"+ 89%+ 257o+ 4f/o+ 93%+ 62c(o
+ 159P/o+ 76ch
h.vrryo.te9ocvnomos\ep€.krgf
12
tv.CRITERIATO BE USED IN EVALUATINGTHIS PROPqSAL
The following criteria and findings shallbe used in the evaluation of the proposed zone change
request (text amendments to Ghapter 18.39-Ski Base/Recreation Zone Distric$ and amendment
to the previously approved development plan.
A. Zone Change Criteria.
1. Suitability of the proposed zoning.
Staff Response:
The proposed amendments to the existing text of the Ski Base/Recreation Zone District
are consistent with the purpose stiatement of the district and the permitted and conditional
uses currently allowed. The uses on the first and second levels of the building are uses
generally found in a ski mountain base facility. These uses include a restaurant, ski
lockers, retail, meeting room/restaurant overflow, ticket sales, ski school and employee
lockers. The applicant is requesting the additional use of a private club, serving as a
private locker room and ski valet for its members. This use is similar to the other uses in
the building and therefore, statt believes it is suitable. The applicant is also requesting
that "indoor and outdoor ski storage" be added to the list of permined uses for the site.
This will allow for overnight skistorage at the bus shelter and other potential locations
near the chair lift.
2. ls the amendment proposal presenting a convenient, workable relatlonshlp
among land uses conslstentwlth municlpal objectives?
Staff Response:
Staff has reviewed the existing and proposed permitted and conditional uses in fie Ski
Base Recreation Zone District and believe that these uses are consistent with adjacent
land uses and municipalobjectives. The text changes being proposed by the applicant
are minimal in nature and are simply intended to clarify and bring the text language upto-
date with today's standards.
3. Does the rezonlng proposal provide for the grovyth of an orderly and vlable
community?
Staff Response:
It is staff's opinion that the most significant element of the proposed text changes is fte
revision of the submittal requirements and the requirement ol a new, or amended,
development plan application. Bringing this language up-todate with today's standards
assures that more complete and accurate information will be provided for review by the
Town staff and boards and the community.
VailAssociates has been meeting with representatives of the East Village Homeowners
Association for well over a year. Staff believes that this extra effort wih the
neighborhood has assured that the proposed application provides a convenient, workable
relationship among land uses.
fl €veryonevecvnomosbpelk.n2T
13
4. ls the propGed rezonlng consastent with the Vall Land Use Plan?
Staff Response:
Staff believes that the proposed text revisions to the Ski Base\ Recreation Zone District
are consistent with the Vail Land Use Plan. The proposed changes do not alter the basic
intent of the existing Ski Base/Recreation Zone District, which is in compliance with the
Land Use Plan.
B. Conformance with the Vail Comprehensive Plan.
Statf has evaluated the proposal for compliance with the applicable elements of the Town of Vail
Comprehensive Plan, including:
1. Vall Land Use Plan
Staff believes the proposed Golden Peak Ski Base redevelopment would carry out the
following goals identified in the Vail Land Use Plan:
Goal 1.1 Vailshould continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and permanent resident.
Goal 1.3 The quality of development should be maintained and upgraded whenever
possible.
Goal2.1
Goal2.2
Goal2.3
Goal2.4
Goal2.5
Goa]2.8
fi .v.ryonev€c\rrcflros\SprkJrAf
The cornmunity should emphasize its role as a destination resort while
accommodating day visitors.
The ski area owner, the business community and the Town leaders should
woft together closely to make existing facilities and the Tonrn function
more efftciently.
The ski area owner, the business community and the Town leaders should
work together to improve facilities for day skiers.
The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
The community should improve non-skier recreational options to improve
year-round tourism.
Day skier needs for parking and ac@ss should be accommodated hrough
creafve solutions such as:
a) increased busing from out of town;
b) expanded points of access to the mountain by adding
additional base portals;
c) continuing to proMde temporary surface palklng; and
d) addition of structured parking.
14
2. Vail Village Master Plan
While Golden Peak may not always be considered to be a part ol the Village, it is
included in the Vail Village Master Plan. The goals for Vail Village are summarized in six
major goal statements. Each major goal focuses on a particular aspect of the Village
community (promote healthy economy, environmental protection, etc.). Staff has listed
each goal and the applicable objectives and policies that appear to be addressed by the
proposed Golden Peak Ski Base redevelopment.
Goal 1 Encourage high quality redevelopment while preseMng the unique
architectural scale of the Village in order to sustain its sense of community
and identity.
1.2 Objective: Encourage the upgrading and redevelopment of residential
and commercial lacilities.
Goal 2 To loster a strong tourist industry and promote year-round economic
health and viability for the Village and for the community as a whole.
2.1 Objective: Recognize the variety of land uses found in the 10 sub-
areas throughout the village and allow for development that
is compatible with these established land use patterns.
2.5 Objective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to
better serve the needs of our guests.
2.5.1 Policy: Recreational amenities, common areas, meeting facilities
and other amenities shall be preserved and enhanced as a
part of any redevelopment of lodging properties.
Goal 3 To recognize as a top priority the enhancement of the walking experience
throughout the village.
3.1 Objective: Physically improve the existing pedestrian ways by
landscaping and other improvements,
3.1.1 Policy: Private development shall incorporate streetscape
improvements (such as paver treatrnents, landscaping,
lighting and seating areas), along adjacent pedestrian
ways.
3.4 Objective: Develop additional sidewalks, pedestrian-only wallarvays
and accessible greenspace areas, including pocket parks
and stream access.
3.4.2 Policy: Private development projects shall be required to
incorporate new sidewall<s along streets adjacent to the
project as designated in the Vail Village Master Plan and/or
the Recreation Trails Master Plan.
Goal 4 To preserve existing open space areas and expand greenspace
opportunities.
t:\everyone\p€c\merm3bperk.n27
1 5
Goal5
Goal6
f lawryone\pec\nemosbps.k.r€7
4.1 Objective: lmprove existing open space areas and create new plazas
with greenspace and pocket parks. Recognize he different
roles ot each t)rpe of open space in forming the overall
fabric of the Village.
Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation system throughout the Village.
5.1 Objective: Meet parking demands with public and private parking
facilities.
5.1.5 Policy: Redevelopment projects shall be strongly encouraged to
provide underground or visually concealed pafiing.
5.2 Objective: Encourage the use of public transponaton to minimize the
use of private automobiles throughout Vail.
5.4 Objective: lrnprove the streeetscape of circulation corridors throughout
the viilage.
To ensure the continued improvement of the vital operational elemenF ol
the Village.
6.1 Objective: Provide service and delivery facilities for existing and new
development.
Golden Peak is one of the 10 subareas identified in the VailVillage Master Plan. The
specific conoepts that describe the Golden Peak area serve as advisory guidelines for
future land use decisions by the Planning and Environmential Commission and the Town
Council. The Master Plan recognizes that the site will redevelop, given the approval of the
1985 redevelopment plan, wih the statement: "Redevelopment will attract additional
traffic and population into this area and may have significant impacts upon portions ot
Sub-Areas 6 (East Gore Creek) and 7 (East Viilage)."
Statf believes the following concepts for tfre Golden Peak sub-area are carried out witl
this proposal:
Tennis courts lmpacted by the rcdevelopment shall be relocated In the area (or In
Ford Park).
The proposed redevelopment calls for tre removal of the four tennis courts, which are
currendy located on the site. The tennis courts are operated by the Vail Recreation
Disfid (VRD) under fie terms of a long-terrn land lease with VA. The VRD has agreed to
release VA from the lease for monetary compensation, which the VRD will use to
refurbish the existing courts at Ford Park. The VRD may also add one additionaltennis
court al the Ford Park complex.
Commerclal actlvity at this site should be limited to "ski base/recrsational" uses.
Allcommercialactivity allowed in the Ski Base/Recreation Zone District, and proposed
wlth the redevelopment plan, is limited to "ski base/recreational" uses.
16
Arlditional parklng for any facilities to be provided on slte.
Although the revised development plan will provide more total parking spaces than O
currenfly exist on the site (short-term and long-term), which were approved with the 1985
plan, the spaces will not all be available to the public on a daily basis. As mentioned
previously, if there are not sufficient pre-sales of club memberships, the 148 space
parking structure may not be constructed. lf this happens, the applicant has indicated
that they will pay a parking pay-in-lieu fee to compensate for the loss of public parking
that will result.
Existing coyenant restsictions in this sub-area would need to be addressed to allow
for development.
The restrictive covenants, entered into between VA and (generally) the East Village
Homeowners Association at the time ol the 1985 plan, control where and how
development can occur on this property. The Association's consultant has been involved
in the development of this plan from its beginnings and has not expressed any concerns
with regard to the proposal's nontompliance.
Pedestrian improvements, such as sidewalks, are lmportant to connect this sub
area to Fod Park and the soccer field.
There is currently a sidewalk connecting Golden Peak through the Manor Vail property to
Ford Park. This sidewalk connects to a path in Ford Park, however this path does not
connect directly to the Ford Park parking area. The applicant is not proposing any
improvements which would extend the pedestrian system directly to the Ford Park
parking area. Additionally, the applicant is not proposing to extend the sidewalk along
Vail Valley Drive from the Children's Center to the soccer field parking area.
Redevelopmont of the Golden Peak base facility shall be low proflle (2-3 stories) to
mlnimize lmpacts on vlews to vail llountain.
Although the Vail Village Master Plan recommends a building of not more than three
stories, the maximum building height allowed by zoning (up to 40 feet) will allow for a four
story building. The proposed base facility is four stories. While the building does
conform to the maximum height requirements as defined by the zoning code, it does not
comply with the sub-area concept of being low prolile (2-3 stories).
3. Transportation Master Plan
The Vail Transportation Master Plan, adopted in 1993, focused on all lorms of
transportation and developed a long-range implementation strategy tor the transportation
programs. The Plan is intended to guide the Town's decision-makers in developing a
coordinated approach to implementing transportation improvements. The broad
categories of the Plan that relate to Golden Peak include parking, the Town bus system,
and trail system interface.
The parking issue revolves around the parking supply and the parking demand.
The existing supply of parking is fairly constant from day-to-day, however, the
demand for parking varies, depending upon the season of the year, day ol the
week and the time of the day.
f :bvoryong\pocvngmoo\ope*.n27
fl
Based on the existing supply of parking, the parking demand overllows the
parking structures and thereby requires parking on the Frontage Road,
approximately six days per year. With the expansion of the ski mountain it is
anticipated that there will be an increased demand for parking. Given this
inforrnation, the following Master Plan goals are identified to meet the parking
demands in the future:
. The Town has determined ftat overflow demand for parking is acceptable
15 days per year.
. Traveldemand management (ftrough bus seMce, ride sharing, and price
controls) needs to be implemented to reduce parking demand.
. Provide reasonably priced parking to serve the visitor and discounted
parking to serve the Vail resident and employee needs.
. Provide limited premium service parking at a price commensurate with the
value provided.
. ldentfy candidate expansion areas for additional public parking to
accommodate long-term demands associated with the potential ski area
expansion,
. Retain the private parking supply as an important and needed element.
The long-range parking concepts contained in the Master Plan hat aim to meet
the general parking demand include:
. The existing Ford Park parking area should be considered for a posslble
two-level parking tacility with one level provided below existing grade.
. The existing West Day Lot and the Norh Day Lot should also be
considered, in conjunction with Vail Associates, for a possible two-levd
parking lacility with one level partially depressed below existing grade.
. The Golden Peak area, in particular fie soccer/practice fields; the ski
schooypractice area;and the tennis courts and parking lot should be
considered as potential parking expansion areas if the tratfic impacts can
be mitigated.
4. Streetscape llaster Plan
lmprovements in and around the Golden Peak Ski Base redevelopment area are
included in the'East Village" subarea of the Streetscape Master Plan. This sub-
area includes VailValley Drive, Hanson Ranch Road, East Gore Creek Drive and
East Meadow Drive. The East Village sub-area is predominantly made up of
lodges and condominiums. Vehicular traffic is not restricted. The GoHen Peak
Ski Base facility and the Children's Center are at the center of the sub-area and
are both major vehicular and pedestian destinations.
The Streetscape Master Plan recommends that the pdmary goal for this area is to
provide an effective and safe pedestrian system, while accommodating the
l:lrv.ryone\pocvnmorbp€rk.nf,
18
vehicle, pedestrian, and bicycle traffic. The Plan recognizes that traffic along Vail
Valley Drive is very heavy throughout most of the year. lt is especially heavy in
the morning and late afternoons during the ski season and evenings and
weekends during the summer months. Vail Associates Children's Center is a
major source of vehicular congestion during the winter season, with parents
dropping-otf and picking-up children at the beginning and the end ol each day.
The Master Plan points out that the roadways throughout the East Village area are
asphalt and are recommended to remain so. Concrete curb and gutter will be
needed on Vail Valley Drive. This will be an appropriate treatment given the
existing and proposed pedestrian and vehicular traffic in the area. There is a
need for additional seating opportunities along the pedestrian system in the East
Village area. Landscape treatments that might be proposed as a part of the
Streetscape Master Plan will only address those areas where landscaping infill is
needed. Additional lighting willbe necessary along VailValley Drive.
The streetscape improvement plan for the East Village focuses on the pedestrian
corridors adjacent to the asphalt roadway (see attachments 5 and 6, which are the
applicable maps from the Streelscape Master Plan). One of the Plan's goals is to
direct pedestrians to key destination points such as the Golden Peak Ski Base
facility, the Children's Center, Ford Park and the Ford Amphitheater, and the
Village Core. No major changes to the vehicular circulation system or roadway
are proposed for this sub-area.
The Golden Peak Ski Base redevelopment proposal includes the implementation
of a number of elements identified in the Town of Vail Sueetscape Master Plan
(see attachment # 7 for a copy of the Applicant's Pedestrian/streetscape Upgrade
Plan). The recommended streetscape improvements for the East Village sub-area
are listed below (ln bold), followed by a staff analysis of how the applicant's
proposal carries out, or does not carry out, the recommendations in the
Streetscape Master Plan. In addition to the improvements idenfified by Vail
Associates, stiatf will take a comprehensive view of all improvements needed to
address neighborhood concerns. These include roadway and pedestrian
improvements leading to the Golden Peak Ski Base, from Ford Park, the Village
path, the connection to the Vista Bahn, Chalet Road, the soc@r field, etc.
Stafl believes that the proposed redevelopment ot the Golden Peak area
offers a unique opportunlty for the neighborhood, and the Town as a whole,
to work together wlth Vail Associates to accomplish all ol the
recommendations suggestsd In the StreeBcape Master Plan. Therefore, statf
recommends that the applicant's Streetscape Upgrade Plan, which will be
reviewed in conjunction with the Golden Peak Ski Base Redevelopment
application, address all of the recommendations for the East Village sub-area
(from the Vail Transportation Center to the Soccer Field), including various
connections with existing and proposed pedestrian systems. A discussion of
cost-sharing will be needed to establish each party's appropriate level of financial
responsibility (VA, Town of Vail, neighborhood).
Streetscaoe Master Plan Recommendation
The Plan recommends sidewalks on both sldee of tho stroot along Vail Valley
Drive, from Blue Gow Chute to the entry to ilanor Vall. The uvest and south
fl .wryonev€cvnem6up..k.n27
19
slde should be a concrcte unlt paver walkway, eight to ten feet wide and the
east and north side should also be a concrete unlt paver sidewalk, fiye to six
feet wide.
Staff Analysis:
Vail Associates is proposing to construct an eight-footwide concrete paver
walkway along the west and south sides of Vail Valley Drive. The walkway will be
reduced to six feet in front of the Golden Peak site, in order to provide as much
landscape buffering in front of the skier drop-otf lot as possible. The applicant is
then proposing fiat the walkway be further reduced in width to four feet along the
Children's Center drop-off lot. As requested by the Town, a walkway is shown on
the east and north sides of Vail Valley Drive, from the Gore Creek Bridge to
Ramshorn. However, Vail Associates has stated it is not proposing to be
responsible for improving this side of the street, as VA believes it is not directly
related to the Golden Peak Redevelopment Project. No improvements are shown
on the north side of Vail Valley Drive from Ramshorn to the Manor Vail entry, as
suggested in the streetscape Master Plan.
Although the Streetscape Master Plan calls lor concrete unit pavers to be used on
the east side of Vail Valley Drive, a portion ol this sidewalk has recently been
constructed using concrete. The applicant's design consultant has indicated hat
the paving material on this side of the road is as "yet to be determined," to allow
lor fufiher discussion by the PEC and the Town Council.
Staff recommends that the sidewalk on this side of VailValley Drive be
constructed of concrete unit pavers.
Streetscape Mastsr Plan Recommendation
Along Vall Valley Drlve,lrom ilanor Vall's north entry to the soccer fleld, an
eight to ten-foot wlda concrets unlt walkway is recommended on the south
side of the road.
The Plan points out that retainlng walls wlll be needed ln some areas due to
an Inadequate right-of-way and a hlllslde belng lmmediately adlaoent to the
roadway. There is no sldewalk proposed for the north sade of the street due
to the tight physlcal constralnrc along the northerly right-of-way llne.
The Plan recommsnds that a sldowalUcrosswalk solution wlll be necessary
to provide safe pedestfian access through the Golden Peak bus turnarcund
area.
Staff Analvsis:
Vail Associates is proposing to continue he pedestrian walkway on the south side
of Vail Valley Drive as suggesled in the Plan, from Manor Vail's norh entry to a
point just east of the Children's Center. As mentioned previously, fie walkway in
front of the Children's Center drop-otf lot is only four feet wide. Although Vail
Associates is not proposing any streetscape improvements to the soccer field, it
has prouded a plan depicting a sidewalk lo the soccer field. This plan does not
accurately depict the improvements recommended in the streetscape Master
Plan.
f:\rvcryonebec\mfiio{N0pod(.n27
ZO
Staff recommends that Vail Associates construct a six to eight foot wide sidewalk
in front of the Children's Center drop-off lot and provide the Town with a
Streetscape lmprovement Plan that accurately reflects the recommended
improvements identified in the Master Plan, from the Children's Center to the
Soc-cer Field.
Streetscape llaster Plan Recommendatlon
The existlng Vlsta Bahn/Gold Peak rec|€ational t|eil and the podsstrlan
connection to Ford Park through llanor Vail will be used as a part of thls
subarea's pedestrian system. Manor Vail's entry to Fotd Park should
include addltional signlng or an entry statement.
Staff Analysis:
Vail Associates proposes additional signage at both ends of the Ford Park path in
order to better inform the public as to the location of this pedestrian link between
Golden Peak and one of its associated parking areas. These signs will be
included in a comprehensive sign program that will be presented to the Design
Review Board for its review and approval.
Streetscape Master Plan Recommendation
Additional minor pedestrian paths, either concrete orasphalt are proposed
as follows:
An eastfirest connectlon between Vall Valley Drive and the exls$ng
recreational traal west of theTiyoli.
A path nonh of the tennb courts to the north entry ot the Gold Peak skl base
facility.
Staff Analysis:
The applicants Streetscape Upgrade Plan does reflect a four foot wide asphalt
path connecting Vail Valley Drive to the existing recreation trailwest of the Tivoli.
As recommended in the Plan, Vail Associates is proposing to provide a path norilr
of the tennis courts to the norh entry of the Golden Peak Ski Base Facility.
Str€eEcape llaster Plan Recommendatlon
Conslder ellminating the wlnter-tlme parking use on Ghalet Road. Closurs of
the dead-end road and development ol a pocket park/open space atea
should be purcued.
Staff Analysis:
Although the closure of Chalet Road and the development of a pocket parUopen
space area was a part of fie 1985 development plan, it is not proposed in
conjunction with this redevelopment plan. For the past two ski seasons, the Town
has eliminated (by plowing snow across the entry) the winter-time parking use on
Chalet Road.
noverlonstsecvn€m6bp€d(.n?
21
Some residents in the neighborhood have expressed interest in closing Chalet
Road and converting it to a pocket park, however, there does not appear to be
neighborhood consensus on this issue.
Statf believes that it is appropriate to address this recommendation of the
Streetscape Master Plan at a later date and not tie it to the Golden Peak
redeveloprnent application.
Streetscape llaster Plan Becommendatlon
Two small landscaped plazas are proposed at the south entry to Fork park
and at lhe point where Vail Vatley Drive tums to the east at Mlll Crcek Clrcle.
In each case the Intent le to crsats a local point that accents these locatlons.
At the Ford Park entance, a handlcap dropofl ls needed In addltlon to
concrste unit paverc, seatlng and landscaping. These improvemgnts wlll
Increase the vislblllty and usefulness of thls lmportant accee3 to Fold Palk
and the l.lature Cehter.
A small plaza wlth landscaplng at the Vall Valley Drlve/illll Creek Glrcle
lnterssction is intended to provide a "plvot point" for pedestrlans movlng
betueen the Vlllage parking structurc and the Golden Peak skl base faclllty.
Currently there is no vlsual connection between these two facllities. In order
to dFcourage unnecessary vehlcular trafflc on llill Crcek Clrcle,
consideration should be given to narrowing the intersection wlth Vall Valley
Drlve.
Staff Analysis:
At the Ford Park entrance, a handicap drop-off has been provided by tlre Town of
Vail. This improvement has increased the visibility and usefulness of this
important access to Ford Park and the Nature center.
With regard to fte plaza at the intersection of Vail Valley Drive and Mill Creek
Circle, the proposal from Vail Associates indicates that the entire corner area will
be paved (concrete unit pavers) with landscaping provided south of the plaza
area. Additionally, three benches are depicted.
Staff feels that the plaza at the intersection of Vail Valley Drive and Mill Creek
Circle should be designed as suggested in the Streetscape Master Plan. This
Plan shows the sidewalk angling away from Vail Valley Drive in order to provide
small landscape islands at the corners of the interseclion with Mill Creek Circle.
The Plan also shows a landscape island in the center of the plaza. Staff believes
that additional work should be done on this element of the plan to make this focal
point more aesthetically pleasing to users and passers-by.
A design similar to Mayor's Park which is located at the intersection of Vail Road
and West Meadow Drive would seern to be an appropriate example of the type ot
improvements that should be provided in this area.
tbver),onetsccvnemcup€d(.n2,
22
Streetscape llaster Plan Recommendation
It is proposed that the Chlldren's Center bus stop be relocated to the
northeast of the Golden Peak ski base facility lor two reasons:
1) congestion caused by hearry dropofi trafflc at the present location causes
delays for buses and; 2) the proposed locataon provides better access for
summer events in Ford Park. A pedestrlan crosswalk from the relocated bus
stop to the llanor Vail/Ford Park path will be necessary.
Staff Analvsis:
After several meetings witr Town ol Vail stiaff, Vail Associates staff and
neighborhood representatives, it was determined that the best location for the bus
stop is where it is currently located, between the Children's Center and the base
lodge. This location promotes the use of the bus system by providing bus riders
wilh the best access to the ticket windows, the Children's Center and the ski lifts.
A pedestrian crosswalk, to the Manor Vail/Ford Park path has been provided with
the new redevelopment plan in the same location as is suggested in the Master
Plan. Additionally, Vail Valley Drive will be relocated in front of Manor Vail to
improve site distances and provide a safer driveway intersection with Vail Valley
Drive.
Streetscape llaster Plan Recommendatlon
The westbound bus stop that is presently located on Vail Valley Drive near
the bridge over Gore Greek is recommended to bs aliminated at the rcqu$t
of area residents and to reduce vehicular/bus congestion. The eastbound
stop at the Garden of the Gods will remain.
Staff Analysis:
The Plan proposed by the applicant shows the removal of the bus stop as
suggested in he Streetscape Master Plan, Ultimately, the Town Councilwill have
to make the finaldecision to remove the bus stop.
Streetscape Master Plan Recommendatlon
Landscaping, lighting and site furnishings should be included where
possible as the sroetscape improvemenF are made. All bus stops and
feature areas should provide a full compliment of site fumishings.
Staff Analysis:
The applicant's plan shows that "Village" light fixtures willbe provided on the west
side of Vail Valley Drive (from the Transportation Center to the Mill Creek Gircle
Plazal. These lights will then continue along the south side of Vail Valley Drive in
front of the Golden Peak Ski Base, east to he Children's Center.
f :\gvotyltne\p€cvn€mc\gpeak. nE'
23
A new landscape planter is proposed in front of he Vorlaufer and at the corner of
Hanson Ranch Road. Three streetscape benches are shown at the Mill Creek
Circle Plaza.
. Statt recommends that'Village' light fixtures be provided on both sides of the
entire length ol Vait Valley Drive.
StreeEcape llaster Plan Recommendation
Reconflgurlng tho parking at the Vorlauler to provide for a pedestrlan
wdlway on the west slde ol Vall Valley Drlve. Of the 12 exlstlng spaoos, two
"9ue3t" paftlng spacos for the Vorlaufer may need to be relocated to the
east elde of Vail Valley Drive. The final design shall ensure that there ls no
net losg of parklng spaces for the Vorlaufer.
Staff Analysis:
The current proposal allows for the addition ot an eight foot wide pedestrian
walkway on thewest side of Vail Valley Drive and maintains the existing 12
parking spaces in front of the Vorlaufer. There is no need to relocate two guest
parklng spaces to the east side of Vail Valley Drive, as suggested in the Plan.
The reconfiguration of parking spaces, however, will require modifications to the
existing planters and retaining walls in the area.
Streetecape llaster Plan Recommendatlon
Wldenlng of the Vall Valley Drive brldge over Gore Greek to better
accommodats the proposed pedeetrian walltways.
Staff Analvsis:
The applicant's plans show that the bridge will be widened to actommodate an
eight-foot wide walkway on the west side and a four-foot wide walkway on the
east side.
Stre€bcape llastsr Plan Recommendatlon
Add a 'neck down" at the east end of Hanson Ranch Road (at Vail Valley
Drlve). Thls narrowlng of the roadway dbcourages unneoessary trafflc and
provldes an opportunlty for additionat tandscaplng.
Staff Analysis:
The appllcant is proposing to carry out this recommendation of the Streetscape
Master Plan.
Summary
In summary, staff believes that the applicant has provided drawings whic-fr
accomplish a number of elements recommended in the Town's Streetscape
Master Plan. However, as mentioned previously, there are certain elements
included in the applicant's Streetscape Upgrade Plan that are contradictory to the
l:bvsryons\pocvnemosbpo*.n27
24
recommendations in the Streetscape Master plan, including:
1) The proposed plaza al the corner of Vail Valley Drive and Mill
Creek Circle is not designed as suggested in the Streetscape
Master Plan.
2l The sidewalk in front of the Children's Center is four feet wide,
rather than the 8-10 feet suggested in the Streetscape Master
Plan.
3) The sidewalk to the Socc€r Field is not designed as suggested in
the Streetscape Master Plan, nor proposed to be constructed by
the applicant.
In May 1988, the Town of Vailcompleted and adopted the vail Recreation Trails
Master Plan. This Master Plan is intended to help guide the Town's development
of its recreational trails system for the foreseeable future. The goals and
objectives of this Master Plan are as follows:
. ldentify problems and deficiencies in the existing trail system;. ldentify who uses fie trail system, what their needs are and who can
safely share trails;. ldentify where trails are needed and which trail segments should be
constructed first;. Develop a master plan that will allow lor all types of non-motorized use in
a safe, efficient manner; and. Produce a final report that will be a working document and a resource
book for the statf.
That portion of the Master Plan which identifies the shortcomings of the existing
trails in the Town of Vail states that Vail Valley Drive, from the Golden Peak Ski
Base east to the athletic field, is an area ol concern. The combination of a narrow
road and heavy use by cars, bikes, and pedestrians makes this section of on-road
trail very congested and often hazardous. lmprovements which move the non-
motorized uses out of the travel lanes will help alleviate the problem. These could
take the form of widened shoulders or a physically separated trail if the right-of-
way is wide enough.
The Master Plan recommends that bike lanes be added to each side of Vail Valley
Drive and be four to five feet wide (depending on the shoulder availability). Each
bike lane should be one-way and move with traffic. Although not intended for
pedestrian use of the bike lanes, limited use by joggers, rollerbladers etc. should
be anticipated since this will be the only path available in many areas.
The implementation section ot the Master Plan provides design details for trails
and associated improvements, (i.e. signs, retaining walls, etc.). The Master Plan
recommends that timber retaining walls, when designed and constructed correctly,
are adequate and can be used. However, there are wall systems now on the
market that can be erected easily by Town staff that are more duraue. While
such systems may be more expensive initially, their longer lile expectancy should
t:\evsryonets€c\m€rF6bp€dcn?
Zs
offset the higher cost. In high profile areas, such as along Vail Valley Drive, more
decorative walls should be considered. Concrete walls faced with stone or dry-
layed stone walls should be explored as an option. The Master Plan points out
that the final design ot the trails system is unity. Materials and color should be
simple and repeated throughout the system. The crispness of the detailing will be
the most noticeable characteristic to the visitor. Vail has a reputation for quality
design that should be upheld in the design and construction of its recreational trail
system.
The proposed imdementation portion of the Master Plan suggests three diflerent
types of trail systems associated with the Golden Peak redevelopment application
(see attachment 8, Figure 19 of the Recreation Trails Master Plan). The Master
Plan shows that an off streeupedestrian trail should be located directly through
the Golden Peak Ski Base property from the Mill Creek CircleA/ail Valley Drive
intersection to Northwoods and Piltos Del Norte Condominiums to the east. This
path runs east to west and is located on the south side of the ski base, Children's
Genter, and SkiGlub Vailbuildings. The second type of trail associated with
Golden Peak is a pedestrian path, which the Plan recommends the upgrading and
widening of the Vail Trail, which leads from Golden Peak to the east. The third
type of trail through the Golden Peak area is a four to five foot wide bike lane on
eacfi side of VailValley Drive.
Tho proposed redevelopment of the Golden Peak Ski Base appears to carry
out a numbsr of the rscommendations in the Recreatlon Tralls llaster Plan.
Speclflcally, a nsw trailhead slgn wlll bo constructed and the VallTrail is
int3nded to be exbnded through the Golden Peak property to the west. The
appllcant has Indlcated that the exact alignmont ol the VallTrail extenslon be
conUngsnt upon U.S. Forest Service approval of their summ€r mountaln bike
and pedestrlan plan. The improvements to Vail Valley Drlve, recommended
in the Master Plan from the Chlldren's Center to the oast, ars not proposed
to be accompllshed In conjunctlon wlth the Golden Peak applicadon, as lt ls
the appllcant's oplnion that the redevelopment of Golden Peak does not havo
any relationshlp to the need for pedestrian lmprovemenB along Vail Valley
Drlve east of the Chlldren's Genter.
Staff recommends that the Vall Trail extenslon to the wsst be completed,
prlor to the i$uancs of a Temporary Csrtlficate of Occupancy for the Golden
Peak bullding and that the applicant provade the drawings necessary for the
Town to construct a sidewalk lrom the Ghlldren's Contor to the Soccor Field.
5. Comprehensive Ooen lands Plan
On March 1 1 , 1994, the Town of Vail completed and adopted the Comprehensive Open
Lands Plan. The objectives of the Comprehensive Open Lands Plan are:
. To identify citizen and visitor needs and preferences for a comprehensive system
of open space uses such as parks, recreation, protection ol environmental
resources, trails and reserve lands for public use;
. To prioritize available open lands lor protection;
t:bv€iyonegec\rnenrosbpek.n?/
26
To identity creative strategies to implement the acguisition and protection
program;
. To define a management system to appropriately manage Town-owned open
space lands; and
. To buffer neighborhoods with open space.
The recommendadons contained In the Gomprehensive Open Lands Plan that are
applicable to the proposed Golden Peak Ski Base Redevelopment arc as follows:
. Adding an extensive new trail system ttrat essentially surrounds the Town and
provides an interface with the National Forest system lands and Vail Mountain.
The proposed trail system is somewhat similar to trail systems found in the Alps,
where interconnected trails allow hikers to move around and to mountain villages.
. The Golden Peak area should be used as a trailhead to ac@ss both mountain
trails and the Vail Trail.
. Add three "trailheads" in the core areas to access Vail Mountain trails and inform
visitors of trail opportunities.
. Golden Peak is identified as an 'activity center." These centers are activity areas
where people are likely to gather or chose as a destination. Connections must
then be provided that tie various activity centers throughout Town together
through a series of bicycle and pedestrian trails.
. lt is a high priority for the Town to obtain a public use agreement with VA to
maintain a@ess to all existing and proposed trail systems through the Golden
Peak property. Addilionally, the extension of the Vail Trail to the west is a high
priority.
. Paved shoulders on Vail Valley Drive should be provided for a safer recreational
path east of the core area. The currenl rightof-way is too narrow for complete
bike lanes on either side, but paved shoulders will make the recreation pafr
significantly safer and easier to use for both drivers and cyclists, in{ine skaters
and pedestrians.
Staff believes that the proposed redevelopment of the Golden Peak Ski Base carries out a
number of the recommendations in the Comprehensive Open Lands Plan. Specifically, a new
trailhead sign will be consructed and the vail Trail is proposed to be extended through the
Golden Peak property to the west.
C. Development Plan Standards and Criteria
Chapter 18.39.120 establishes the criteria by which a proposed development plan for he Ski
Base Recreation Zone District will be evaluated. The development plan shall meet each of the
following standards or demonstrate that either one or more of them is not applicable, or that a
practical solution consistent with the public interest has been achieved:
t\et/€rFno\pscvnemootsperk.nzt
27
1. The developer wlll provlde a buffer zone In areas where the Ski Base/Recreatlon
distrlct boundary b adiacent to a resldential use dlstrlct boundary. The buffer zone
must be kept free of bulldlngs or structurss and must be landscaped, screensd to
protsct lt by natutal feature3 so that adverse sflects on the surroundlng areas are
mlnlmlzed. Thls may requlre a buffer zone of sufflcient slze to adequately separate
the propossd use from the surroundlng properties in terms of visual prlvacy, noise,
adequate llght, alr, alr pollutlon, signage and other comparable potentlally
Incompatlble factors.
Staff Response:
The revised development plan indicates that a buffer area has been provided where the
Ski Base/Recreation Zone District boundary is adjacent to a residential use district
boundary.
Specifically, along the western property line, where the Golden Peak property is adjacent
to the residential lots along Mill Creek Circle, the applicant has provided a setback ol2'10
feet t0 the base lodge. There is significant landscaping proposed along this edge, with
consideration given to the impact on views that additional landscaping rnay create.
In addition, the m{ority of the activity on the property will occur in and around the base
lodge, wttich is located on the northeast corner of the property, adjacent to Vail Valley
Drive.
The applicant is proposing to relocate the poma lift from the west side of the property to
an area behind the Children's Center. This will further increase the buffer betneen the
Golden Peak facility and the residential lots to the west. The top of Chair 12 will move
230'to the west, but staff does not believe that this willcreate any negative impacts on
adjoining residential properties.
Properties across VailValley Drive will have a landscape buffer to partially shield the
skier dropoff area from the neighborhood. This landscape buffer will reduce noise and
other impacts caused by the drop-off. As mentioned previously, the 148-space parking
structure has been entirely buried, with the exception of the vehicular and pedestrian
entrances, and additionally screened with landscape plantings.
2. A clrculation system designed for the type of tralfic gensrated, taking into
conslderation safe$, separation from living arsas, convonlenco, accg3s, nolse, and
exhaust control. Private Internal streets may be permltted lf they can be used by
police and flre department vehicles for emergency purposes. Bicycle traftlc shall
be consldered and provided when the slte is to b3 used for rEsldentlal purpos$.
Staft Response:
The proposed redevelopment plan attempts to reduce congestion in the public skier drop
off and the Children's Center drop-otf areas. There are currently 21 head-in parking
spaces located immediately west of the Children's Center. The proposed redevelopment
plan includes 30 short -term spaces located on the inside curve of the relocated bus drop
off lane. Although Vail Associates'tratlic consultant recommended a total of 33 - 36
spaces, it would appear that site limitations are such that only 30 spaces are all that can
be proMded.
f :bveryonotsocvnemoa\eperk.rr?/
28
Although some PEC members have raised concerns about children crossing the bus
lane, statf believes the area will lunction safely as designed. The bus drivers lor the in-
town shuttle are accustomed to driving in a pedestrian oriented environment, and will use
caution in that area. A banier will be placed between fte bus lane and the drop-off area
to encourage people to cross only in the designated area (wtrich will be identified with
pavement striping). As identified in the Operational Management Plan, during Peak
Periods both drop-off areas will be staffed with Vail Associates employees to assist in
traffic flow.
The public skier drop-otf area located on the north side of the building will serve as an
access point to three other tratfic uses; the parking structure, the delivery area, and the
residential condominium entry. Staff believes this area will handle the traffic generated by
these uses. The parking structure will generate traffic, but due to the location of its
entry/exit portal on the far west end, the traffic should not interfere with the function of the
drop-otf area.
The only exhaust fans from the parking structure will be above the vehicular entrance and
will vent toward the south.
The condominiums will not generate a large volume of traffic and will not interfere with the
public skier drop-off area.
The delivery area will be used during non-peak hours, as defined in the Operational
Management Plan, therefore staff believes its impacts will be minimal.
The existing bike path south of the base lodge is proposed to be relocated, but will
provide for continuous access ftrough the site (connecting to Vail Valley Drive, east of
Ski Club Vail, and to the Village path to the west).
As mentioned previously, the Golden Peak Ski Base redevelopment proposal includes the
implementation of a number of elements identified in the Town of Vail Streetscape Master
Plan. Additionally, Vail Valley Drive is proposed to be reconstructed and straightened in
order to improve site distances along this heavily used portion of the road.
3. Functional open space in terms of: optimum preservation of natural features
(including trees and drainage areas), recreatlon, views, convenience, and
function;
Staff Response:
The open spaces on this property are both formal and informal. The existing ski runs
allow for both winter and summer activity. While seMng primarily as an access for skiing,
Golden Peak will also serve as a trailhead lor the VailTrailand access to biking and
hiking trails on Vail Mountain. The Golden Peak base facility is also used for both winter
and summer special events. A temporary tent will be located near the ski race lanes for
special events during the ski season, and during the summer.
Some trees will be removed to accommodate for the realignment of Chair 6 and the
addition of a race course lane. The applicant has proposed to mitigate the removal of
trees by planting 10'-12' tall evergreens and 3'-6" caliper aspen trees around the new
base facility.
t:\ovoryon€F€cvndno€tspo*.n27
Zg
o The existing Mill Creek diversion that runs hrough the property is proposed to be
culverted an additional 370 teet. This will allow for regrading to occur, and it will provide
for flood control, as well. The Environrnental lmpact Report has not been approved by
the Town Engineer or the Senior Environmental Policy Planner. Statf is recommending
that no Building Petmit be issued for the redevelopment project until the report is
updated/modified and approved by the Town.
Views from surrounding properties will not be detrimentally impacted with this new
building. Generally, the proposed base lodge buitding will be no higher than the building
approved in 1985.
4. Varlety In terms of: houslng type, densltles, facilitles and open spaco;
Staff Resoonsa:
Variety is achieved through the many uses located within the base lodge building. The' facility willinclude ski lockers, restaurant and retail space; lockers for employees; club
space for members; meeting rooms for ski events, community meetings and restaurant
overflow and six residential dwelling units.
While there is no variety in terms of housing types or densities proposed on fie Golden
Peak site, Vail Associates has committed to continue to work with the Town to provide
affordable housing for employees.
In Agil 1995, the Town of Vail and VailAssociates entered into an agreement to manage
peak periods. In his agreement, the Town and VA acknowledged the ongoing
commitment to foster adequate employee housing within the Town of Vail. VA and the
Town renewed their commitment to explore other opportunities, to strive to replace
employee housing that has been taken off the market, and to work in a comprehensive
fashion with the Vail Housing Authority. In addition, VA specifically pledged to participate
with the TOV in rnaking the VailCommons affordable housing project a reality.
Due to the competitive nature of the Vail Commons developer selection, assistance from
vA has not been needed. Alsrough not yet constructed, all agreements have been
executed and ground breaking for Vail Commons is anticipated soon. Staff believes that
VA should transfer the commitment that was intended to be invested in the Vail Commons
project to the next Town housing project. At this time, the Town believes that the next
proiect is likely to target seasonal workers and that VA could have a greater role to play in
making the project a reality. Therefore, staft recommends that as a condltiOn of
approval for the Golden Peak Ski Base, Vail Assoclates partlclpato In the nsxt Town
ol Vall houslng prolgct, In accordance with the exlsting agreement idsntilied In the
TOV /A agreement
5. Prlrncy In terms ol the neods of: Indlviduals, famllles and neighbors;
Staff Response
With the exception of the new condominium units, the new base facility, and
accompanying activity, will occur away from adjacent residential properties and should
not intertere with their privacy.
tbr/br}lneFec\nenos\gpeak.r€7
30
The private condominium entrance will aftord some level of privacy for these owners and
their guests. The residential dwellings are located on the third and fourth floors and are
distinctly separated from the public areas of the buiEing.
6. Pedestrian traffic in terms of: safety, separation, convenience, access to
points of destlnation, and attnctiveness;
Stafl Response:
One of the most important otf-site improvements that will occur with this redevelopment is
the addition of an eight-foot wide sidewalk, on the west side of Vail Valley Drive from the
Vail Transportation Center to Golden Peak. The sidewalk will be completed in
conformance with the Vail Slreetscape Master Plan, as discussed previously in this
memorandum.
On-site, there are sidewalks proposed along Vail Valley Drive in front of the base facility
and the children's center. staff recommends that the six-foot wide sidewalk along vail
Valley Drive be extended along the road at the Children's Center drop-off, instead of the
four-foot wide walkway currently proposed. This will require the reduction of aisle width
and parking space length, in order to gain enough space for the expanded walkway and a
landscape bufler.
The applicant has proposed to improve the pedestrian connection at the Manor Vail north
entry. Vail Associates will close off the dangerous sidewalk, located just south of this
entry, and create a landscape barrier to encourage people to use the sidewalk and
crosswalk at the north Manor Vail entrance.
7. Building type in terms of: approprlateness to dsnsity, slte rslatlonshlp, and
bulk.
Staff Response:
Statf continues to have concerns regarding the mass and bulk of the proposed structure.
We acknowledge the lact that the applicant is attempting to work within the 'covenant
boundaries" according to the approved 1985 plan. The program elements within the
building have changed significantly since 1985. The overall square footage of the
structure is significantly larger than what was approved by the Town in 1985.
Approximately 17,629 sq. ft., an incr€ase ot27o/o, has been added to the structure.
While staff acknowledges the applicant's need for the additional square lootage for the
ski related uses, we feel that the applicant's desire to accommodate the additional square
footage within the same "1985 building envelope" is creating a rather large, boxy
structure. The architect's atternpts to break up the boxiness of the structure has been
successful on many portions of the elevations, however, the staff continues to be
specifically concerned with the north and east elevations. Due to the lower natural grade
elevation along the north, the building reads as a four-story structure in this area. This
also occurs on a portion of the eastern elevation. Staff recommonds that the applicant
consider stepplng the bulldlng back, on the thild and fourth floors, on these sides
of the building. We believe that this would reduce the mass and bulk of the building
from the two areas of the slte whlch are proposed to recelve the largest number ol
guesB.
t:\averyon€\p€cvn€mosbpe8k. nz7
31
ln an attempt to further mlnlmize the mass and bulk ot the building, staff would
recommend that the large, third floor dormers on the east and south elevatlons be
pulled back. We belleve that this would provide more ot a podestrian scale to the
east and south elevatlons and we believe lt would not compromise the Interlor
spaoEs (GRFA) of the condominiums.
Overall, staff believes that the emphasis of the new Golden Peak base lodge should be
placed on its public uses, as opposed to its residential functions. The purpose statement
ol the Ski BaseiRecreation zone district states that this district:
'is intended to provide for the base facilities necessary to operate the ski
mountain and to allow multFtamily residential dwellings as a secondary use if
certain criteria are met."
While the residential portion of the building may be comprised of less overall square
footage than the base facility operations, the character of the building appears to be
predominately residential. Additionally, staff believes that the residential decks
overhanging the public areas will increase unwanted shading in hose areas.
8. Landscaplng of tho total site In tems of: purposes, typea, maintenance,
sultablllty, atd s fect on the nelghborhood.
Stafl Response:
The landscape plan is designed to act as a buffer between differing uses occurring on the
site. The most heavily planted areas are along the west and north sides of the site, near
the public skier dropoff area and the proposed underground parking structure. The
buffer between Vail Valley Drive and the skier drop-otf area is an eight-foot wide
landscaped berm. A mixture of nine coniferous and 24 deciduous trees are proposed in
this area. The proposed underground parking garage also includes a heavily landscaped
berm in lront of the north-facing wall of the building. The 2o-toot wide berm between the
skier drop-off area and the north wall of the parking garage contains a mixture of
coniferous and deciduous trees and shrubs. The plaza on the south side of the bui6ing,
however, is relatively void of plantings. The residentialentry to the building, as well as
the east elevation, is proposed to contain fewer trees than on the westem and northern
sides of the building as there is less roorn for planting.
The Children's Center parking area contiains the least amount of buflering and trees on
the site. Additionally, the Public Works Department is concerned about sight distances,
therefore many ol the trees shown on the applicanfs hndscape plan may need to be
removed or relocated from this area.
The top of the parking structure will contain a variety of plant rnaterials. No activities are
planned lor this area, and it is intended to be naturally landscaped. ln order to break up
the wsst elevatlon of ths base lodge, staff recommends that addltlonal evergreen
trees be added to ths area betw€en the pa*lng structure and the main bulldlng.
Stafl also r€commends that the Plannlng and Envlronmental Commlsslon and the
Deelgn Revlew Board take a detalled look at the overall plan to determlne ll the|€
are opportunltb3 tor additional landscaplng, especially in the Ghlldren's Centsl
dropoff lot.
flowyonc\p€c\mrnosbp€sk-m7
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D. Criteria for Approving the Multi-Family Dwellings
As required in Chapter 18.39.010 (0,2)of the Ski Base\Recreation Zone District, before acting on
the proposed multLfamily dwelling units, the Planning and Environmental Commission shall
consider the following Conditional Use Permit factors in regard thereto:
1. Relationship and impacts of the use on the development obiectlves of the
Town.
Staff Resoonse:
As identified previously in fiis memorandum, he proposed Golden Peak redevelopment
will carry out numerous recommendations for improvements as identilied in the Town of
Vail Comprehensive Plans. lt would not appear that he residential portion ot the
redevelopment project would have any negative etfect on the de\relopment obiectives of
the Town.
2. Effect ol the use on light and alr, dlstribution ol population, transportation
facilities, utlli$es, schools, parks, and recreation facilltias, and other public
facllltaes and publlc tacllitles needs.
Saff Response:
As indicated in the TDA and RRC studies, the Golden Peak redevelopment will have a
significant effect on the distribution of the skiing population among the lour major portals
to Vail Mountain. lt is believed that the proposed Golden Peak Ski Base Redevelopment
will double the current uphill capacity of this particular portal. The applicant has indicated
that the mode of arrival most likely to see increased use will be the way ol mass
transportation and pedestrian usage. They have also provided information which
indicates that, because of the managed nature of the parking structure, traffic impacts
associated with the redevelopment proposal will be significantly less than that which
occurs currently, as a result of the loss ol he public parking bt fiat exists on the site.
Additionally, because of he expanded and improved Children's Center and general skier
public drop-otf areas, staff believes that these transportation iacilities will function
significantly better than they currently do.
Although statf believes the managed parking structure will result in reduced vehicular trips
on Vail Valley Drive, we are concerned with the location of the attendant booth at the
entrance to the structure. In its current location the booth is visible and allows for the
possibility of the public believing that the structure is open to the public on a daily basis.
Staff recomrnends that the booth be relocated in the structure, or removed from the
structure.
As mentioned previously, VA is proposing to implernent a number of the streetscape
improvements which they believe are directly related to fte Golden Peak redevelopment.
These improvements will encourage the expanded use of the pedestrian system
throughout Town and have a positive effect on the reduction of vehicular traffic in the
neighborhood. Overall, the proposed redevelopment ol Golden Peak area is a positive
improvement that should assure Vail's continued standing as North America's premier ski
resoft and mountain community.
t:\svorloneFocvnemo€Ep€sk.n27
33
3. Effect uPon trafflc, wlth particular reference to congestlon, automotive
and pedestrian safety and convenience, trafflc llow and control,
access, maneuverablllty, and removal of snow from the streets and
partlng area.
Staff Resoonse:
As mentioned in response to the criteria listed above, staff believes that the Golden Peak
redevelopment will have a positive impact on traffic congestion, automobile and
pedestrian satety and convenience, tratfic flow and control, access and maneuverability.
Although it is difficult to estimate how well the new portal willfunction in terms of the
above listed criteria, VA has supplemented their application with an Operational
Management Plan which allows for continued monitoring and amendments to be made to
address concerns that are not able to be predisted through design. With regard to snow
removal, the applicant has provided a snow removal plan and has included the
management of snow removal in the operational Management Plan.
4. Effest upon the character of the area In whlch the proposed use ls to ba
located, Includlng tho scale and bulk of the proposed use in l€lation to
surroundlng uses.
Staff Resoonse:
With the exception ot the single family homes along Mill Creek Circle, the Golden Peak
Ski Base facility is surounded by large mutti-famity residentiatbuitdings.
Although the proposed building does appear to be in scale with the multi-family buildings
sunounding it, staff continues to have concerns with certain elements of the building
itself. As mentioned previously, the protective covenants under which the applicant is
anempting to work, appear to provide artificial limitations to the property, severely
constricting the creativity of design. The applicant is attempting to fit substantially more
square footage into a buiEing envelope that is very similar to the plan approved in 1985,
on which the protective covenants are based. Staff believes that too much emphasis of
the new Golden Peak Base lodge is being placed on its residentialfunctions, as opposed
to its public uses. This appears to be contrary to the purpose statement in the Ski
Base/Recreation Zone District. Satf is recommending that the PEC, Town Councitand
Design Review Board continue to try and reduce the scale and bulk of the building,
including the expansive deck areas and unnecessary dormers over those decks.
Additionally, staff believes that the south and east sides of the building need considerably
more work to bring the building down to a more pedestrian scale.
ln addition to the four criteria listed above, the PEC shall make the findings set forth in
Section 18.60.0608 (Findings for Conditional Use Permits) belore pemitting multi-family
units within the main building. These required findings are as follows:
1. That the proposed location of the use is in accordance with the purposes of
this title and the purposes of the district in which the site is located;
2. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public healfi, safety, or welfare, or
materially injurious to properties or improvements in the vicinity;
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3. That the proposed use will comply with each of the applicable provisions of
this tifle.
STAFF RECOMMENDATION
Upon review of the Criteria and Findings identified in Section lV of this memorandum,
statf recommends approval of the Golden Peak Ski Base redevelopment application and
the Zoning Code text amendments wlth the followlng condltions:
1. Prior to the Town's issuance of a Building Permit for the redevelopment, the
applicant shall be required to enter into a Developer lmprovement Agreement with
the Town. This will insure that the proposed on and off-site public improvements
associated with this project are completed in conjunction with the redevelopment.
2. lf the proposed 148-space parking structure is not able to be constructed during
the same construction season as all of the other improvements at the Golden
Peak site, the applicant shallbe required to return to the PEC, or DRB, with a
regrading/revegetation plan for the area. And, as already committed to by the
applicant, the applicant shall meet with the Vail Town Council to discuss payment
of parking pay-in{ieu fees for the loss of on-site parking.
3. Staff recognizes that changes to the project may occur at the Town Council and
final Design Review Board stages of this redevelopment application review.
However, once final Design Review Board approval has been granted, any
substantial changes to the project will be required to be returned to the PEC and
possibly Town Council for additional review and approval.
Rather than participating in the provision of affordable housing associated with the
Vail Commons project, as committed to in the Town of VailA/A Growth
Management Agreement, staff recommends that VA transfer thef commitment to
the next Town of Vail affordable housing project.
Statf recommends that the PEC, DRB and Town Council review the final
architectural design and detailing of the building, specifically with regard to the
criteria identified previously in this memo related to the building's bulk and mass.
The linal streetscape and bus lane designs must be reviewed and approved by
the Public Works and Community Development Departments prior to the issuance
of a Building Permit for the project.
The Environmenial lmpact Report must be revisecUupdated and approved by the
Town, including the Mill Creek Geological Hazard Analysis, prior to the issuance
of a Building Perrnit for the project.
The Mill Creek Circle Plaza must be designed in a manner more closely matching
the design identified in the Streetscape Master Plan.
The aisle widths in the Children's Center parking lot must be reduced in order to
accommodate a minimum six foot wide sidewalk along Vail Valley Drive in front of
the parking area. Town Engineer approval is required.
4.
5.
6.
7.
8.
9.
l:bveryon s9ecvngmosbperk.nzt
35
10. The Vail Trall extension must be constructed from its current terminus, located
behind the Children's Center, to the western edge of the VailAssociates property
prior to the issuance of a Temporary Certificate ol Occupancy for he base lodge
facility.
11. The design of the seasonal tent proposed to be located near the ski race course
finish area must be reviewed and approved by the Design Review Board prior to
its placement on the property.
12. A comprehensive sign program for all on and off-site signage in the area of
Golden Peak must be reviewed and approved by the Design Review Board prior
to the issuance of a Building Permit for the project.
13. The attendant booth currently shown at the enuance to the managed parking
structure must be removed, or relocated as discussed in the memo.
14. Staff recommends several improvements to the landscape plan, however, since
the landscape plan requires Design Review Board final approval, these comments
can be addressed at that time.
t:\ewr'rncvecvfl orilosbp.rk.nE'
36
a|}t
ATTACHMENT#1
Chapter 18.39
GOLDEN PEAK SKI BASE/RECREATION DISTRICT
Sections:
18.39.010 Purpose.
18.39.030 Permitteduses.
18.39.050 Conditional uses.
18.39.070 Accessoryuses.ffi
18.39.080 Location of business activity.
18.39.090 Development plan required.
18.39.110 Development plan - Contents.
18.39.120 9eaigfi Dorelopment Standards / Griteriafor evaluation.
18.39.130 Lot area.
18.39.'150 Sebac*s.
18.39.170 Height.
18.39.180 Density control.
18.39.190 Site coverage.
18.39.210 Lanclscaping and site devetopment.
18.39.230 Parking.
18.39.010 Purpose.
The Golden Peak ski baser/recreation district is intended to provide for the base facitities
necessary to operate the ski mountain and to allow multi-family residential dwellings as a
secondary use if certain criteria are met. In addition, summer recreational uses and facilities are
encouraged to achieve multi-seasonal use of some of the facilities and provide for efficient use of
the tacilities. (Orcl.38 (1983) S 1.)
18.39.030 Permltted uses.A. The following uses shall be permitted within the main base lodge buitding in the Golden
Peak ski base/recreation district:
1. Ski lockerVemployee locker rooms.2. Ski school and skipatrolfacitities.3. Lnilcketsales.
@4. Ski repair, rential, sales and accessories.5. Restaurant/bar/snac-kbar/candysales.
6. Meeting rooms for owner use and community-oriented organizations.7. lnjury prevention and rehabilitation facilities for owners' use.8. Basket rental9. Specialcommunityevents.
B. Retailand meeting room space limitation.
1. Retail sales space, , in the first two
floors shall be limited to a maximum of fifteen percent of the non-residential gross
square footage of the main base lodge building. Under Section 18.39.030, retail
shall be defined as tefinispr€€hop, candy sales, ski repair/rental sales, and
accessories and clothlng, afid basket rental, ski lockerc and storage for the
Public.2. Meeting rooms shall be limited to a maximum of fir€ ten percent of the non-
residential gross square footage of the main building.
C. Multi-family dwelling units within the main base lodge building if the following
requirements are met:1. The dwelling units shall be a secondary use within fie main base lodge building if
they meet the following criteria:
a. No residential use on ground level.
b. Visual impacts such as surface parking for the dwelling units shall be
minimized by providing at least forty percent ot the required parking within
the nain base lodge building or in an attachsd parklng structure.
c. The maximum gross residential floor area (GRFA) devoted to dwelling units
shall not exceed hirty percent of the totalgross square footage of
the maiHrueture base lodge bullding.2. Before acting on multi-family dwelling units, the Planning and Environmental
Commission shall consider the following factors in regard thereto:
a. Relationship and impacts of the use on development objectives of
the town.
b. Effect of fie use on light and air, distribution of population, transportation
facilities, utilities, schools, parks, and recreational facilities, and other public
facilities and public facilities needs.
c. Effect upon tratfic, with particular reference to congestion, automotive and
pedestrian safety and convenience, tratfic flow and control, acress,
maneuverability, and removal of'snow from the streets and parking area.
d. Efiect 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.3. The Planning and Environmental Commission shall make the findings set brth in
Section 18.60.060 B before permitting multi-family units within the main base
lodge building.
D. Permitted uses within thHeeondary Chlldren's Ski School building:1. Year-round child care and children's ski school and appurtenant recreational
facilities and programs.2. Children's ski school services and programs.
3. Community events and programs.4. Summer recreational programs.
E. The following uses shallbe permitted outside theffiding base lodgeand
Ghildren's Ski School buildlngs as shown on the approved development plan:'1. Ski trails, slopes and lifts;
2. Snowmaking facilities;3. Bus and skier dropoff;4. Surface parking lot;5. Ski racing facilities;q. Public parks, tennis and voileybaltcourts, and ptaying fietds, ptaygrounds;7. Water-treatment and storage facilities buitdtngs; -
8. Mountain storage buildings;9. Ski school activities:10. Special community eventrs;11. Food and beverage service;12. lndoor and ouuoor skl storage.
(Ord.28 (1988) S 1: Ord.6 (1988) S 1: Ord.38 (1988) S 1.
18.39.050 Conditionaluses.A. The following conditionat uses shall be permitted in the Golden Peak ski base/recreation
district, subiect to he issuance of a conditional use permit in accordance with the
provisions of Chapter 18.60:1. Recreation room/minor arcade.2. Addition or expansion of storage buildings for mountain equipment.3. Summer outdoor storage for mountain equipment.4. Redevelopment of water storage extraction and treatment facilities.5. Redevelopment of ski racing facilities.6. Redevelopment of public parks, playgrounds.7. Summer seasonal community offices and programs.8. AddlUons or expanslons of public or private parking structures or spaces.
.9. Seasonal structures to accommodate athletic, cultural, or educational actMties.10. Redevelopment of ski litts and tows.11. Food and beverage cart vending.12. Bed and breakfast as lurther regulated by Section 19.59.910.13. Type lll EHU as defined in Section 18.52.060:14. Type lV EHU as defined in Section 18.57.070.15. Publlc, prlvato or quasl-publlc clubs.
ffiies
Hilrligatlon-measures proposal to minimize the impaot:
P.ropoiia
18.39.070 Accessory Uses
The following accessory uses shall be permifted in the Golden Peak ski/base recreation
district:A. Accessory uses customarily incidental to permitted and conditional uses and
necessary for the operation thereof.B. Home occupations, subject to the issuance of a home occupation permit in
accordance with the provisions of Sections 18.58.130 through 18.58.190. (Ord.
38 (1e83) $ 1.)
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18.39.080 Location of business activity.A. All olfices and retail sales conducted in the Golden Peak ski base/recreation
district shall be operated and conducted entirely within a building except for
approved special events and food and beverage vending.
(Ord.21(1986) S 2: Ord.38 (1983) S 1.)
18.39.090 Developmentplanrequired.A. To ensure the unitied development, the proteclion of the natural environment, the
compatibility with the surrounding area and to assure that development in the
Golden Peak ski base/recreation district will meet the intent of the district, a
development plan shall be required.B. The proposed development plan shall be in accordance with Section 18.39.110
and shall be submitted by the developer to the zoning administrator, who shall
reler it to the Planning and Environmental Commission, which shall consider the
plan at a regularly scheduled meeting. A report of the Planning and
Environmental Commission stating its findings and recommendations shall be
transmitted to the town councillor approval in accordance with tre applicable
provisions of Section 18.66.060 of the Municipal Code.C. The approved development plan shall be used as the principalguide for all
development within the Golden Peak ski base/recreation district.D. Amendments to the approved development plan which do not€harg*
suhtatree altsr ths baslc Intent and character of the approved deyelopment
plan may be approved by he zonlng admlnistrator or by the planning and
Environmental Commission at a regularly scheduled public hearing in accordance
with the provisions of Section 18.66.060.E. Eaeh"hase€fihe appr€'\red The development plan and any subeequent
amendmants thereto shall require the approval of the design review board in
accordance wih the applicable provisions of Chapter 18.54 ot the Municipal Code
prior to the commencement of site preparation.
(ord.38 (1983) S 1.)
18.39.110 Development Plan - Contents
The followirE development plan shatl ineludq but b not limited to the tollowing:
propocedpuCtie+aeititie*
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The lollowlng lnformatlon and materlals shall be submltted with an applicatlon for a
prcposed development plan. Gertaln submittal requlrements may be walved or
modlfled by the Dircctor of the Department ot communlty Development if lt ls
demonstrated that the materlal to be walved or modified is not applicable to the
revlew ctlterla, ot that other pnctlcal solutlons have been reached.
A. Appllcatlon fom and filtng fee.
B. A wrltten statement descdbing the proiect includlng information on the
nature of the development proposed, proposed useg, and phasing plans.C. A survey stam@ by a licensed surveyor indicating existing conditions of
tho property to be lncluded in the development plan, includlng the location
of improvements, exbting contours, natural features, existing vegetation,
water courses, and perimeter property lines of the parcel.D. A tltle repon, including schedules A and B.E. Plans deplctlng existlng condltlons ol the parcel (slte plan, floor plans,
elevations, etc.), if applicable.F. A complete zoning analysis of ths existlng and proposed development
including a square footage analysis of all proposed uses, parking spaoes,
etc.G. A slte plan at a scale not smaller than 1" = 20', showing the location and
dlmensions of all exlstlng and proposed bulldlngs and structures, all
principal site development leatures, vehicular and pedestrian circulation
systems and proposed contours and drainage plans.
H. Building elevations, sections and floor plans at a scale not smaller than
118" = 1', in sufficient dstail to determlne floor area, clrculatlon, location of
uses and scale and appearanoe of the proposed development.l. A vlcinity plan showlng existing and proposed lmprovements In rslatlon to
all adjacent properties at a scale not smaller than 1" = 50'.J. Photo overlays and/or other acoeptable visual techniques lor demonstrating
the visual impact of the proposed development on public and private
property in the vicinlty of the proposed development plan.K. An archatectural or massing model at a scale sutficlent to depict the
proposed development in relationship to existing development on the slte
and on adiacent parcels.
L. A landscape plan at a scale not smaller than 1" = 20', showlng existlng
landscape features to be retalned and removed, proposed landscaplng and
other site development teatures such as rscreation f;acilities, paths and
tralls, plazas, walkways and water featurgg.M. An Environmental lmpact Feport in accordance wlth Chapter 18.56, unless
walved by Section 18.56.030.N. Any additional information or material as deemed neoessary by the Dircctor
of the Communlty Development Department.
Wlth the the exceptlon of the model, four complete coples of the above Informatlon shall
be submitted at the time of the application. When a model is required, it shall be
submltted a mlnlmum of two weeks prior to the first tormal revlew of the Planning and
Environmental Gommission. At the discretion of the Director of Communlty D,evelopment,
reduced copies In 8.5" x 11" format of all of the above Informatlon and addltlonal coples
for dastrlbution to the Planning and Environmsntal Commission and Town Council may be
required.
18.39.120 Oesi'$r Development StandardgCriteriafor evaluation.
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The following criteria shall be used as the principal means for evaluatlng a
propGed development plan. lt shall be the burden ot the appllcant lo demomtrate
that the proposed development plan complies wath all appllcable deslgn crlterla.
1. Bullding design wlth respect to archltocture, character, scale, masslng and
odentatlon ls compatiblewlth the slte, adlacent properdes and the
surroundlng nelghborhood.2. Bulldings, lmprovements, uses and actlvltlos are deslgned and located to
produce a funcdonal development plan rcsponslve to the slte, the
surounding nelghborhood and uses, and the communlty as a whole.3. Open space and landscaplng are both funetlonal and aesthetlc, are deslgned
to prcserus and enhance the natural featuFs of the slte, maxlmlze
opportunitl$ for access and use by the public, and when posslble, arc
Integratsd wlth existlng open spaoo and racreatlon areas.4. A podestrhn and vehicular citrulatlon 3ystem deslgned to provlrb safg'
efflclent and aesthetlcally pleaslng clrculatlon to the slte and throughout the
dewlopment.5. Envlronmental lmpacts resulting from the proposal have been ldenufled in
the prolgct'3 Envlronmental lmpact Report, lf not waived, and all neceasary
mldgadng moasunsa are implemented as a part of the proposod development
plan.6. Compllance wlth The Vall Land Use Plan and other appllcablo plam.
18.39.130 Lot area.
The minimum lot or site area shall be forty acres of site area, at least one acre of whicfr
shall be buildable area. (Ord 83 (1983) 51.)
18.39.150 Setbacks.
ln the Golden Peak ski base/recreation district, front, side, rear and stream setbacks
shall be as indicated on fie approved development plan. (Ord. 38 (1983) S 1 .)
18.39.170 Height.
fifte# Buildlng height shall be as shown on the final roof plan as Included in the
approved development plan.
(ord. 38 (1e83) S 1.)
18.39.180 DensityControl.
Total density shall not exceed one dwelling unit per eight acres of site area. (Ord. 38
(1e83) S 1 .)
18.39.190 Sitecoverage.
Site coverage.shall be as shown on he approved development plan. (Ord, 38
(1s83) S 1.)
18.39.210 Landscaping and site development.
Landscaping requirements shall be as shown on the approved development plan. All
areas within the area(s) of disturbance in the landscape plan not occupied by building, ground
level decks or patios, or parking shall be landscaped.
(Ord. 38 (1983) S 1.)
18.39.230 Parking Plan and Program
Parking Plan and llanagement Program shall be as shown on and described In the
approved development plan.
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o
ATTACHMENT2
A summarv of the TDA and RRC reports
TDA Analysis
- Existing conditions base data was compiled by several methods. Automatic
tratfic count recorders were placed along Vail Valley Drive lrom Wednesday,
December 28th through Friday, the 30th, Christmas week, 1994. Manual counts
and video observations were recorded on Friday, the 30tt during the morning
(8:1 5-1 0:1 Sam) and afternoon (3: 1 5-5 :00pm). All vehiculat and pedestrian
movements to and from the Golden Peak Base Facility were recorded during
these peak periods. On Saturday, January 21, 1995 and Saturday, April 1, 1995
data was recorded in order to observe tratfic conditions during a typical DEVO
Saturday.
- The skier day count on Friday, December 30th was '14,700 skiers. The 1,200
space main Vail Village parking structure filled at 11t45am, with 2,855 vehicles
parked firoughout the day. Over 980 students were in ski school lessons and the
base restaurant processed 1,150 transactions throughout the day. On January
21 st, the skier day count was 14,620 skiers. Vail parking structure also filled on
this day at 10:30am, with 2,422vehicles throughout the day.
- Daily lraffic volume on Vail Valley Drive was over 8,000 vehicles per day at East
Meadow Drive, reducing to 1/4 of this, 2,030 vehicles per day east of Golden
Peak. From 8:45-9:45am on VailValley Drive across from the parking area, was
220 eastbound and 215 westbound vehicles. This is equivalent to about 7olo ol
the daily volume of 6,125 vehicles at this location. The PM peak hour volume was
210 eastbound and 325 westbound, representing approximately 9% of daily traffic.
- During the December count, 14 vehicles were observed entering Mill Creek
Circle to drop skiers ofl in the AM peak hour. TDA estimates that approximately
30 skiers were dropped off from hose vehicles. During the PM peak hour, 30
vehicles were observed entering Mill Creek Cirde to pick up skiers at this location.
- Directional distribution shows strong directional orientation of Golden Peak
vehicle trips to and from the west (Vail Village, 1-70 interchange and beyond).
About 80% of the vehicles came from and returned to the west. Virtually all trips
to the site were destination rather than passerlcy trips, meaning motorists returned
to the same direction they approached frorn.
- The lollowing explains fie mode of anival to the Golden Peak base for the 1,500
peak hour. Pedestrians were the greatest single mode of arrival at 34"/o of the
peak hour persons. Seven percent of arrivals were Children's Center dropoffs
and one-fifth of all anivals came via the In-Town Shuttle. The Golden Peak
parking lot was he source ol15o/" of fte AM arrivals. Twenty percent of anivals
are skier dropoffs. This activity generates the highest number of vehicle fips,
44o/o ol all vehicles arriving in the AM peak hour.
The Town shuttle is responsible for an equal number of arrivals, 300 persons, yet
it represents just 3% of all vehicle trips.o
- The parking lot, skier dropoff area and Children's Center are the mafor vehicle
destinations at Golden Peak. Vehicles approaching from the west show the
parking lot was the biggest destination, attracting 4270 ol all vehicle trips. The
Children's Center and public drop-off were equal attractors at2go/o each. On
Saturday, a larger percentage of vehicles are destined for the parking lot due to
DEVO drop off occurring there.
- Cunently, the public parking area consists of a 130 space lot on the south side
of VailValley Drive. Approximately 10-12 spaces are reserved for employees, 10
spaces are reserved for Spraddle Creek residents and nearlry condominium
development and four spaces are reserved for people with disabilities.
- The Golden Peak parking lot is used as a skier drop off point, as well as for all
day paid parking. On Saturdays, the west portion of the parking lot is reserved
until 9:30 AM for parents of children in the DEVO program to drop their children
otf. Because of the large volume of DEVO vehicles arriving at one time vehicles
trying to get into the parking area lor drop-off still often back up on to vail valley
Drive.
- The public skier drop off area is located between the Golden Peak lodge and the
Children's Center. There is currently space to accommodate a maximum of 10
vehicles off-street lor this activity. At this level of use, vehicles must wait tor the
ones in front to exit before they can exit the turnaround. At any one time there
were between three and five vehicles stopped along Vail Valley Drive during peak
periods.
- Dwell time is the average length of stay per vehicle in the drop off/pick up
turnaround. Posted signs limit vehicles using this area to a 5 minute dwell time.
Dwell time in the AM peak hour averaged 3.3 minutes per vehicle. In the
afternoon, this duration increased over 75/" to 5.9 minutes per vehicle. Nearly
40o/" of the vehicles using the turnaround in the PM peak hour stayed over five
minutes, and 15% stayed over 10 minutes.
- Day care and children's ski school activities take place at the Children's Center.
Currently, there are 2'l head-in spaces in the parking lot serving the Children's
Center. lt is signed "Children's Skiing Center Drop-Otl Parking Only." The
average stay for vehicles enter the parking lot was 1 2 to 15 minutes. Two
vehicles remained parked in the lot all day during he 12130/95 observations. In
the AM peak hour, December count, 70 vehicles entered the Children's Center
parking lot. From observation, approximately 100 people were dropped otf at this
time. This accounts tor 25/" of the total people dropped off at Golden Peak.
- Over a third of the peak hour arrivals, 510 persons during the December count,
were pedestrians. The following information represents the relative use of the six
distinct pedestrian paths used by skiers walking into the Golden Peak area. The
path from the west (Vail Village core) was the most utilized by arriving
pedestrians, just under one-third a131"/". Walk{ns from the south side of Manor
Vaif was next highest all9/", followed by those coming up Chalet Drive, 16%.
About 13% of the pedestrians come along Vail Valley Drive north of Golden Peak
dndTo/o from the east along Vail Valley Drive. The Ford Park Pah, intermingled
with Manor Vail guests, accounted tor 147o of the walk-ins.
- Two Vailtransit routes serve Golden Peak: the In-Town Shutlle and the Golf
Course route. The In-Town Shuttle runs every 7-10 minutes connecting Golden
Peak to Lionshead Village via the Transportation Center. The Golden Peak bus
turnaround is the east terminus of the route. During the December AM peak hour
300 people (20o/" ot all arrivals in the peak hour) arrived at Golden Peak via this
shuttle. In January, 1 10 people arrived during this time. In April, 150 people
arrived to Golden Peak via this route in the AM peak hour.
- The Golf Course route runs every 30 minutes connecting the Golf Course to
Golden peak and the Transportation Center. In December,30 people arrived at
Golden Peak via his route in the AM peak hour.
Tratfic study recommendations:
- Redevelopment of the Golden Peak Base Facility should consider mitigation of
several capacity and safety deficiencies.
- The Children's Center could use an additional 1 2-15 oft-street spaces to
augment the existing 21 short term spaces.
- The drop-off lane has a demonstrated need for about 25 to 28 off-street stalls.
- This should be separated from the private vehicle dropofl area to reduce
pedestrian/vehicle conflic{s, thereby increasing safety and efficiency. The bus
boarding area should be wide enough to allow buses to pass each other,
approximately 22teet.
- The existing inbound bus stop for the Golf Course route drops skiers at a
precarious location, just west of the sharp curve in Vail Valley Drive. lf this stop
could be incorporated in the future shuttle turn around, this safety problem could
be eliminated.
- Golden Peak pedestrians using Ford Park Trail cross or walk along Vail Valley
Drive where the road curves sharply. Future redevelopment should consider a
formal crosswalk to the trail that leads conveniently through fie new facility.
- Since over 80o/" of fie vehicles arriving at the Golden Peak base come from and
return to the west, it is important to minimize their penetration into he Golden
Peak activity area. Access to and from the parking structure and private vehicle
dropoff should be along the west portion of the Golden Peak site.
- An operation plan, combined with adequate site design, will be needed to safely
accommodate the anticipated increase in Golden Peak Base activity.
RRC Survey
- Among the overall sample, about 7 percent used Lift 6 as their lirst lift of the day,
with 40 percent using the Village and 48 percent using Lionshead. Locals and
Front Range day visitors were more likely to use Lift 6 (9 percent and 12 percent,
respectively) fian were destination visitors (about 6 percent).
- Overall, about one third ol the respondents walked to the mountain "today," 43
percent drove, 13 percent used the In-Town shuttle, 6 percent used lodging/van
services, and 5 percent used he outlying bus. Overnight destination skiers were
more likely than average to walk, with day skiers and locals more likely to have
driven.
- Thirty-two percent feel that Lifl 6 is the most important of he remaining out-of-
valley lifts to be replaced. In comparison, 41 percentwould preler Lift 1 (Vail
Viffage), and 22 percent would prefer the gondola out of Lionshead to be replaced.
- Currently, 46 percent indicate they do not use Lift 6 at all. lf it was replaced,
only 1 1 percent would not use it at all.
- Locals, Front Range day, and Colorado overnight guests would be most likely to
use Lift 6 "most" or "all of the time.'
- lt is evident that a substantial increase in utilization would occur, particularly
among those visitor segments who already have an inclination to use the lift or to
prefer the eastern portion of the mountain.
- lt is conceivable that demand for usage, specifically for Lift 6, to access the
upper mountain and China Bowl areas referred to above (as well as the use of Lift
6 as a "skiing " lift) could increase the usage of Lift 6 as an out-of-valley lift from
current f evels, to range of 20 to 28 percent of the visitors and locals on any given
day.
- Currently, many visitors complain about the length of time it takes to migrate
across the mountain and to and from the Two Elk/China Bowl area from the
Lionshead or Vail Village portals. This issue will clearly be mitigated by the
opportunities afforded by the upgraded Golden peak base area. However, this
increased demand for the use of Lift 6 would be balanced by realistic access and
skier processing/ift capaci$ limitations at Golden peak, which would make it
highly unlikely that the estimated demand would be exceeded. Also, countering
the projected increased demand for Lift 6 is the situation that skier loads and
levels of congestion at the Vail Village and Lionshead pods will be reduced by the
incremental shift to Golden Peak. This will create a continuing draw to the Vista
Bahn and Lionshead and will help to maintain a reasonable balance between the
three primary portals to vail Mountain,
- lt should also be noted that the current use ol he Golden Peak portal includes
many ski school students and nursery children (and their parents who drop them
off) who do NOT use Lift 6. The portal is also used by Vail Associates employees,
currently numbering about 500. In light of the decision to expand the Children's
Lt
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Ski Center at Lionshead, it is not anticipated that either ski school students or the
number of VA employees based at Golden Peak will expand significantly.
Given the variety ol uses at the Golden Peak area, whib demand for Lift 6 might
be tripled over the current (rather low) levels, total access to the pod might only
be expected to increase by about half that amount, due to the anticipated
relatively constant level of use and lack of luture growth in demand by both the
Golden Peak Children's Center and by Vail Associates' employees based at that
location.
- Indications are that most of the shift aocess to Golden peak would be absorbed
by increased use of the shuttle bus. Such usage would increase dramatically
based on the survey data (48 percent would use the shuttle bus to access the
Golden Peak area). This would place some increased demand not only on the
Town bus system, but also on the passenger loading and unloading areas at
Golden Peak as well. Currently, many skier passengers who unload from the bus
at Bridge Street will continue instead to ride the bus to the Golden Peak stop. A
certain propofiion of this increased ln-Town bus demand for Golden Peak can be
absorbecl within the existing capacity of the system
- This analysis is based upon responses to a more comprehensive capital lacilities
survey, completed by a random sample of skiers interviewed at all of the various
on-mountain restaurants at Vail.
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NOV A3 ,95 IAIATAN RMERICAN NIIRKETIIT€
ALINW. KOSLOFtr'
1056 W. 56& Street
Kusas Crty, MO Ullg
Novcmber 3, 1995
Tonar Cormcil
Plaming and Environumtal Conmittee
Town of Vail
75 SouthFrmtageRoad
Vail, CO El6Jz
Dcar Ladies and Gentleoeo:
I am thc owncr of a aoudominiuur unit in vail Trdls chalel and harvc bocn apart-tine rosidcnt of Vail for monr than JQ yeils. Becanse of tho many
cbangor h uy noightorhoo4 I understand ill"t.tiri""fiot tle bue stop
across fron the vorlaufer is being considered. rnat woul-d sreate a reriou
hardship for all of the residcnts in tle ateq not onlythe isid*d of vrilTrails chalet, vail Trails East, ano thc Foru seaso"s, but also thosc residcnbmd visitors furhcr east aloqg the path to Fqrd padr, luch rr tlo wr*Apsfincnts. tvlany ftmilies count oo that bns stop to tavcl into torvn rndutilizo the storcs and rcstaurantr. I bclio,o ifpeople ua to *.n to tnotanspofiation oents they night choose not to, ana ae impa"t ou brusinssscs
in th€ village would ba ncgetirrc.
I bclieve that the ralue of-our property is enhanoed by tb,e proximity of a busstop. The elimination of that stop oould reduoe the valrre oihoncs ase
oondominhrms in the ar€a. I also urgo that the castborrnd stop at thc Gallstotr
be maintaincd ar well, for all the reasons I previonsly oited in reverco.
Thank foryour considcmatio!, and I hopc you will vote to maintain thc
existing bru stops in my arca.
Sinccrely Jrcnrs,
P.1
rutw.
(via fa,.r)
Iv
ATTACHMEI'IT 2
A summary of the TDA and RRC reports
TDA Analvsis
- Existing conditions base data was compiled by several methods. Automatic
traffic count recorders were placed along Vail Valley Drive from Wednesday,
December 28th through Friday, the 30th, Christmas week, 1994. Manual counts
and video observations were recorded on Friday, the 30th during the morning
(8:1 5-1 0:1 Sam) and afternoon (3:1 5-5:00pm). All vehicular and pedestrian
movements to and from the Golden Peak Base Facility were recorded during
these peak periods. On Saturday, January 21, 1995 and Saturday, April 1, 1995
data was recorded in order to observe traffic conditions during a typical DEVO
Saturday.
- The skier day count on Friday, December 30th was 14,700 skiers. The 1,200
space main Vail Village parking structure filled at 11:45am, with 2,855 vehicles
parked thtoughout the day. Over 980 students were in ski school lessons and the
base restaurant processed 1,150 transactions throughout the day. On January
21 st, the skier day count was 14,620 skiers. Vail paking structure also filled on
this day at 10:30am, wilh2,422 vehicles throughout the day.
- Daily traffic volume on Vail Valley Drive was over 8,000 vehicles per day at East
Meadow Drive, reducing to 1/4 of this, 2,030 vehicles per day east of Golden
Peak. From 8i5-9:45am on VailValley Drive across from the parking area, was
220 eastbound and 215 westbound vehicles. This is equivalent to about 7% of
the daily volume of 6,1 25 vehicles at this location. The PM peak hour volume was
210 eastbound and 325 yrrestbound, representing approximately 9% of daily raffic.
- During the December count, 14 vehicles were observed entering Mill Creek
Circle to drop skiers off in the AM peak hour. TDA estimates that approximately
30 skiers were dropped off from those vehicles. During the PM peak hour, 30
vehicles were observed entering Mill Creek Circle to pick up skiers at this location.
- Directionaldistribution shows strong directional orientation of Golden Peak
vehicle trips to and from the west (Vail Village, 1-70 interchange and beyond).
About 80% of the vehicles came from and returned to the west. Virtually all trips
to the site were destination rather than passerby trips, meaning motorists returned
to the same direction they approached from.
- The following explains the mode of arrival to the Golden Peak base for the 1,500
peak hour. Pedestrians were the greatest single mode of arrival at 34ol" of th€
peak hour persons. Seven percent of arrivals were Children's Center drop-offs
and one{ifth of all arrivals came via the In-Town Shuttle. The Golden Peak
parking lot was he source ol 15o/o of the AM arrivals. Twenty percent of anivals
are skier dropoffs. This activity generates the highest number of vehicle tips,
44o/o ol all vehicles arriving in the AM peak hour.
The Town shuttle is responsible for an equal number of arrivals, 300 persons, yet
it represents just 3% of all vehicle trips.
a
-rt
- The parking lot, skier drop-off area and Children's Center are the major vehicle
destinations at Golden Peak. Vehicles approaching from the west show the
parking lot was the biggest destination, attracting 42/" ol all vehicle trips. The
Children's Genter and public drop-off were equal attractors al29a/o each. On
Saturday, a larger percentage of vehicles are destined for the parking lot due to
DEVO drop otf occurring there.
- Currently, the public parking area consists of a 130 space lot on the south side
of Vail Valley Drive. Approximately 10-12 spaces are reserved for employees, 10
spaces are reserved for Spraddle Creek residents and nearby condominium
development and four spaces are reserved for people with disabilities.
- The Golden Peak parking lot is used as a skier drop otf point, as well as for all
day paid parking. On Saturdays, the west portion of the parking lot is reserved
until 9:30 AM for parents of children in the DEVO program to drop their children
otf. Because of the large volume of DEVO vehicles arriving at one time vehicles
trying to get into the parking area for drop-otf slill often back up on to Vail Valley
Drive.
- The public skier drop off area is located between the Golden Peak lodge and the
Children's Center. There is currently space to accommodate a maximum of 10
vehicles off-street for this activity. At this level of use, vehicles must wait for the
ones in front to exit before they can exit the turnaround. At any one time there
were between three and five vehicles stopped along Vail Valley Drive during peak
periods.
- Dwell time is the average length of stay per vehicle in the drop off/pick up
turnaround. Posted signs limit vehicles using this area to a 5 minute dwell time.
Dwell time in the AM peak hour averaged 3.3 minutes per vehicle. In the
afternoon, this duration increased ovet 75o/" to 5.9 minutes per vehicle. Nearly
40o/o ol the vehicles using the turnaround in the PM peak hour stayed over five
minutes, and 15/" stayed over 10 minutes.
- Day care and children's ski school activities take place at the Children's Center.
Currently, there are 21 head-in spaces in the parking lot serving the Children's
Center. lt is signed "Children's Skiing Center Drop-Off Parking Only." The
average stay for vehicles enter the parking lot was 12 to 15 minutes. Two
vehicles remained parked in the lot all day during the 12130/95 observations. In
the AM peak hour, December count, 70 vehicles entered the children's center
parking lot. From observation, approximately 100 people were dropped off at this
time. This accounts for 257o of the total people dropped otf at Golden Peak.
- Over a third of the peak hour arrivals, 510 persons during the December count,
were pedestrians. The lollowing information represents the relative use of the six
distinct pedestrian paths used by skiers walking into the Golden Peak area. The
path from the west (Vail Village core) was the most utilized by aniving
pedestrians, just under one-third at 31%. Walk-ins from the south side of Manor
Vail was next highest at 19%, followed by those coming up Chalet Drive, 16%.
About 13ol" of the pedestrians come along Vail Valley Drive north of Golden Peak
t
?nd7o/o from the east along Vail Valley Drive. The Ford Park Path, intermingled
with Manor Vail guests, accounted tor 14/" of the walk-ins.
- Two Vailtransit routes serve Golden Peak:the ln-Town Shuttle and the Golf
Course route. The ln-Town Shuttle runs every 7-10 minutes connecting Golden
Peak to Lionshead Village via the Transportation Center. The Golden Peak bus
tumaround is the east terminus of the route. During the December AM peak hour
300 people (20/"ot all arrivals in the peak hour) arrived at Golden Peak via this
shuttle. ln January, 1 1 0 people arrived during this time. In April, 150 people
arrived to Golden Peak via this route in the AM peak hour.
- The Golf Course route runs every 30 minutes connecting the Golf Course to
Golden peak and the Transportation Center. In December, 30 people arrived at
Golden Peak via this route in the AM peak hour.
Traff ic study recommendations :
- Redevelopment of the Golden Peak Base Facility should consider mitigation of
several capacity and safety deficiencies.
- The Children's Center could use an additional 12-15 off-street spaces to
augment the existing 21 short terrn spaces.
- The drop-off lane has a demonstrated need for about 25 to 28 off-street stalls.
- This should be separated from the private vehicle dropotf area to reduce
pedestrian/vehicle conllicts, thereby increasing safety and efficiency. The bus
boarding area should be wide enough to allow buses to pass each other,
approximately 22 feet.
- The existing inbound bus stop for the Golf Course route drops skiers at a
precarious location, iust west of the sharp curve in Vail Valley Drive. lf this stop
could be incorporated in the future shuttle turn around, this satety problem could
be eliminated.
- Golden Peak pedestrians using Ford Park Trail cro*s or walk along Vail Valley
Drive where the road curves sharply. Future redevelopment should consHer a
formal crosswalk to tre trail that leads conveniently through the new facility.
- Since over 80o/o of the vehicles arriving at the Golden Peak base come from and
return to the west, it is important to minimize their penetration into the Golden
Peak activity area. Access to and from the parking structure and private vehicle
dropoff should be along the west portion of the Golden Peak site.
- An operation plan, combined with adequate site design, willbe needed to safely
accommodate the anticipated increase in Golden Peak Base activity.
I
RRC Survey
- Among the overall sample, about 7 percent used Lift 6 as their first lift of the day,
with 40 percent using the Village and 48 percent using Lionshead. Locals and
Front Range day visitors were more likely to use Lift 6 (9 percent and 12 percent,
respectively) ilran were destination visitors (about 6 percent).
- Overall, about one third of the respondents walked to the mountain "today," 43
percent drove, 13 percent used the In-Town shuftle, 6 percent used lodging/van
services, and 5 percent used he outlying bus. Overnight destination skiers were
more likely than average to walk, with day skiers and locals more likely to have
driven.
- Thirty-two percent feel that Lift 6 is the most important of the remaining out-of-
valley lifts to be replaced. In comparison, 41 percent would prefer Lift 1 (Vail
Viffage), and 22 percent would preler the gondola out of Lionshead to be replaced.
- Currently, 46 percent indicate they do not use Lift 6 at all. lf it was replaced,
only 11 percent would not use it at all.
- Locals, Front Range day, and Colorado overnight guests would be rnost likely to
use Lift 6 "most'or "all of the time."
- lt is evident that a substantial increase in utilization would occur, patticularly
among those visitor segments who already have an inclination to use the lift or to
preler the eastern ponion of the mountain.
- lt is conceivable that demand for usage, specilically for Lift 6, to access the
upper mountain and China Bowl areas referred to above (as well as the use of Lift
6 as a "skiing " lift) could increase the usage ot Lift 6 as an out-of-valley lift lrom
current levels, to range of 20 to 28 percent of the visitors and locals on any given
day.
- Currently, many visitors complain about the length of time it takes to migrate
across the mountain and to and from the Two Elk/China Bowl area from the
Lionshead or Vail Village portals. This issue will clearly be mitigated by the
opportunities afforded by the upgraded Golden peak base area. However, this
increased demand for the use of Lift 6 would be balanced by realistic access and
skier processing/lift capacity limitations at Golden peak, which would make it
highly unlikely that the estimated demand would be exceeded. Also, countering
the projected increased demand for Lift 6 is the situation that skier loads and
levels of congestion at the Vail Village and Lionshead pods will be reduced by the
incremental shift to Golden Peak. This will create a continuing draw to the Vista
Bahn and Lionshead and will help to maintain a reasonable balance between the
three primary portals to vail Mountain.
- lt should also be noted that the current use of the Golden Peak portal includes
many ski school students and nursery children (and theh parents who drop them
off) who do NOT use Lift 6. The portal is also used by Vail Associates employees,
currenfly numbering about 500. In light of the decision to expand the Children's
Ski Center at Lionshead, it is not anticipated that either ski school students or the
number ol VA employees based at Golden Peak will expand significantly.
Glven the variety of uses at the Golben Peak area, while demand for Lift 6 mBht
be tripled over lhe current (rather low) levels, total access to the pod might only
be expected to increase by about half that amount, due to the anticipated
relatively constant level of use and lack of future growfr in demand by both the
Golden Peak Children's Center and by Vail Associates'employees based at that
location.
- Indications are that most of the shift aocess to Golden peak would be absobed
by increased use of the shuttle bus. Such usage would increase dramatically
based on he survey data (48 percent would use the shuttle bus to aeess the
Golden Peak area). This would place some increased demand not only on the
Town bus system, but also on the passenger loading and unloading areas at
Golden Peak as well. Currently, many skier passengers who unload from the bus
at Bridge Street will continue instead to ride the bus to he Golden Peak stop. A
certain proportion of this increased ln-Town bus demand for Golden Peak can be
absorbed within the existing capacity of the system.
- This analysis is based upon responses to a more comprehensive capital facilities
survey, completed by a random sample of skiers interviewed at all of the various
on-mountiain restaurants at Vail.
ATf,ACE}iETT #3 \\\\\
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REVISION:
hB ll,t?.16
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FREOERItrK WYMAN It
93 WHIPPOORWILL FOAO
aFMONX. N€W YOF( rO30a.||(tr
(er.l z"!.t1tgrnf -5 l18 FaX
(9ra) 273.3ra3
January 13, L997
ttr. David G. CorbinVice PresidentVail Associates Real Estate Group, Inc.P. O. Box 959
Avon, CO 81620
RE: Golden Peak Development
Dear David:
I appreciated the time that you spent neeting with me on January3 to discuss the significant impact to our view from the light -
ernanating frorn the entrance to the underground parking stru-ture.
Several years ago, when Chris Rynan presented the Golden peak
redevelopnent plan we recognizea tnal it would have a significantlmpact on the vlewshed from the perspectJ_ve of the onners of theAII Seasons Condominium Cornplex. The proposal to construct arestricted access underground garage slructure was weLcome in as
much as the old parking lot was not particularly aestheticallypleasing and prospect of reduced vehicular traffic was appealing.It never occurred to anybody at the tine that as a consequence ofbuilding this underground structure the very proninent garage
entrance would be located directly across the street fron our
. apartment and further that it would be illurninated with hightdattage mercury vapor lanps.
As a result, the viewshed fron the A1l Seasons as well asneighboring properties has not only been diminished significantly
from the construction of condonriniuns and ski school faeilitiesbut has been severely and negatively irnpacted by the bright light
emanating from the garage entrance. fn addition the total mass
of the garage door structure is disturbing.
We discussed several neans of rnitigating, the heretofore,unanticipated inrpact of the light emanating fron the garage
including replacing, reconfiguring and/or dinrning the lightingfixtures as well as the installation of garage doors which I
believe will ultinately be the only viable solution to this
isgue.
t
The value ofinpact of the
had of the mo
I look fomard toproposal to nJ-tiga
FW:TnI
cc:Andrew DaIyJln. LanontAl Sellke
IJaUfan W
our
9ar
s have been considerably reduced by theand noet assuredly the unobstructed view we
earl-ng fron_you in the near future rLth youre this problen.
we ao enjoyed has been loet.
Sincerely,
Frederick t{]znan ff
i,l
. !,,!lr. Andy Daly, Pres.VaLl Aeeociates ReaIP. O. Box 959
Avon, CO 81620
FREDERICK WYMAN 1I
93 WHIPFOORWILL ROAO
ARMONX, NEW YORX TO5DT.I TE
(era) z731.6ypq-1118 Far
(tla) t i]3lzr3
'. January 13, L997
r t r}il i
Estate Group, Inc.
i.
Dear Ur. Daly:
The enclosed correspondence to David Corbin of VaiI Associatesarticulatea our concerns regarding the disturbing light emanatl-ngfrom the entrance to the underground parking structure at Golden
Peak.
My fanily and I have been corning to Vail since its inception.Several years ago when the Golden Peak redevelopnent plan was
proposed we realized that this development would have an inpacton the unobstructed view of the mountain that we had enjoyed
sl-nce 1964. We also recognized the need for Vail to provide a
new portal to the mountain.
We underetand Vail Associates desire to offset this considerable
expense with both revenues fron the sale of the condo's and the
garage Epaces and expect that in this nulti-nillion dollarproJect there is enough money to renediate and nitigate the
danage done to value of all the property or'rners who have to lookat the liqht coning frorn the garage,
The inpact of the new building while dininishing our view was
somewhat anticipated. What was not expected, however, was the
extraordinary bright light emanating frorn the entrance of the
garage structure. we would very much appreciate if you could
personally look into this matter and see what could be done to
nritigate what for us has turned out to be a disastrous intrusion
on our viewEhed.
Sincerely,
Frederick wynan II
FWrml
Enc.
cc: J. LamontA. Sellke
L. Waterton,/
RffiW
TOY{O[III', DEl/, Dff,
FREDERICK WYMAN II
93 WHIPPOORWILL ROAO
AnMONK, NEW YORK lO5tt4.t1tl8
(er4) z"3.!!itcr!'l -5l 18 FaX
(9t4) 273-3145
January l-3, L997
Ms. Lauren Waterton
Town Planner
Town of Vail Cornnunity Development
?5 Sou+*h Erontage B,oadVaiI, CO 81657
Dear Lauren:
Thank you for
regarding theparticular the
entrance.
taking the tine to discuss with me my concerns
garage structure located at Golden Peak and in
very bright light emanating fron the garage's
As you know, I met with David Corbin of Vail Associates on
January 3 to discuss various options to rnitigate this problem.
He told me that he would review the matter and get back to mein several weeks to discuss the issue.
In as much as the Golden Peak redevelopment project is still
under construction this is the appropriate time to figure out
how to address this issue once and for all.
The viewshed from AII Seasons Condominium as well as other
neighboring properties including the Ram's Horn and the Tivoli
Lodge has been significantly damaged by this very brightintrusive light which indicates a commercial usage in an
exel.usi-rrely residential, area.
I would be most grateful for any assistance and any creative
ideas you may have in solving this most disturbing and
distressing problem.
Y,
't I I ---t, w\*-4-
k wymln rI
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CTIECK REQUEST
PREPAIIIIIIIIIIIIIII EDBY:^42,. //r,-,,L
vENDoR NAME:,/ / 7,4-,
VENDORNUMBER:
DESCRIPTION OF EXPENSE: CLEAN UP DEPOSIT REFUND FoIT BP T6//.aasc
ACCOUNT NUMBEII: 0l 0000 22002
AMOiJNT O r nerUNo:,ts;151t,e
DATE APPITOVIID:^_)=Ll-98- /^\)n,,c e (lAPPROVNL SICNATURI]:)\.
\iY!'
o
i]KI BR!iE)
[Jr* :
sl'iI 8'1SE)
REPT 1 31 Tot^tl.r oF UAIL. cnLoRADn F.A6E 4
AREA: CD."-->/'le/@g/97 08;OE REQUESTS FBR INSFECTinN WORK SHEETS FnR.I7/ 8/97
Aetivity:897-O3,38 le/ g/97 -fyper A-COMH Statrrs: ISSUED Constr": ACBM
Address: 458 UAIL VAL.LEY DR
. Location: 45S VAIL VALLEY DR (GOLDEN F,EAK
r F arce I I 31fi 1-CtB 1 *Utg -lZtO4
Desenipt ion: SHI STORRGE BTJILDING (GOLDEN FEFTK
Appl icant : $TANISZ CONSTRUCTI0N
Owner*r VAIL CORPORATION TF{E
Cont:r'actor": $TANI$Z CONSTRUCTION
User V N
F,hone: 3O3-595-3595
Fhone:
Flrone : 3tit3-595*3595
Inspect i on Req ue st
Requestor: Jeff
Req Timer rl8:Or?
Items requested to
Inf or.mat i on. .
Conment s l *ki
be Inspect ed.
F'hone I 3O3-595-3595
st orage bldg
. Act i on Cornment s Time Exp
BLDG-Temp. C/OCI€r530
l|c1
-_
.:3A*
r
F.
Inspection History.....
Item t clctolct BLDG-Foot ings/stee I
Iten r Olzt0glil BLDG-Foundat i on/5t ee 1
Itenr laOO3O BLDB-Framinn
I@/L6/97 Inepector.: [D
Notes: DD ANOTHER STUD TO
en: OOOSO BLDG-Insr-rlat i sn
lL/fti/97 Inspeetor: CD
en: IDDO6O BLDG-Sheetrock Nai 1
Ie/gts/57 Inspeet or..: CD
emr OOOTO BLDG-Misc.
em : OOO9rZr BLDG-F i na I
enr €rG53O BL-DG-Temp. C/O
em: OOS4tl BLDG*Final C/0
It
It
ItItItIt
Action: AtrFR
TjOMF.LETE F.I.Ic:R I:]UT
Act i on: AFF R
tlcL i orr: AFtrR
RF,F,ROVED
FOR MI,CROI.AIYI
RFIF.ROVED
AITF'ROVED
:
trAna* ?-r.r,
DEPAR$.IENT OF COMMTTNITY DEVELOPI4ENT
NOTE: THIS PERMIT MUST BE POSTED
ADD/ALT COMM BUILD PERMT
ON ,fOBSITE AT ALL', TIMES
Pernit #: B9?-0330
TO!{N OF VAIL
75 S. FRONTAGE ROAD
vArL, co 81657
970-479-2L38
Job Address: 458 VAIL VALTEYL,ocation...: 458 VAIL VALLEY
Parcel No.. : 2101-081-09-004
Status...3 ISSUED
(coLDEApplied. . z 09 /22/L997Issued.. . : L|.l/09/L997
Expiree . .. 04/07 /L99.8
Phone: 303-595-3595
Phone: 303-595-3595
fof $ood/Prl.Lct:
DR
DR
Proiecc No.:rlli5lE-
PFIz- ot11
APPLICAIIT STANISZ CONSTRUCTION
401 KALAMATH STREET, DENVER, CO 80204
CONTRACTOR STAI{ISZ CONSTRUCTION
401 KALAT'{ATH STREET, DENVER' CO 80204
OVINER VAII, CORPORATION THE
PO BOX 7, VAIL CO 81658
Description:
sKI STORAGE BUTLDING(GOLDEN PEAK SKr BASE)
Occupancy: 82 82
Type ConEtruction: V N Type V Non-Rated
Type Occupancy:
Valuation:
Fircplace lnformtioni R.rtrictrd:
75 r 0oo Add Sq Ft:
#0f ca3 Apptiancco:fof Gas Logc3
**t****tift*****ffi***t** FEE SUIiARY *r***t*t***f,if,]*****ft***t*f*******lt*i**t****t**t*t******
Brrl f,ding----> 615,00 RrstulFant PLsn Revie{-> .00 Tot![ cltcuhtcd Faca---> 1,%7.75
Pf.an Chick---> t9.75 ORB FcF-----lnvcstigation> .00 R.cr!.tion FcF-------> .00 Totat PGPrit Fce-------> 1,367.75
9it|'ca[t_-)3.mc[.en-upD.posit------->250.mPayi.nt3_-__._---->
TOTAL FEES________> 1,f67.75 B LAI{CE DUE--------> .0Ot********ttr*tffi tt****t**i****ff ttt
ITETN: .O51OO BUILDING DEPARTI.{ENT Dept: BUILDING DiViEiON:O9/.26/.L997 CHARLIE Action: NOTE PLANS TO CHARLIELO'/O9'/L997 CHARLIE Action: npFn eee conditionsItbM:,.05400 PLANNING DEFARTI'{ENI DEPt: PLANNING DiViEiON:O9/.26/.L99? CHARTIE Action: NOTE PLANS TO LAURENLO'/O9'/L997 CHARLIE Action: APPR FOR I.,AUREN
IlQqr i',05 Eqo -F rBE DEpi\nfEniit9.9/26/L22?-CEABI.,IE |ction: APPR N/A ^ . F,r- .r^R' h,IteBi'.055A0,FUBEIC wORKF--- ----- -': Dept: PUB woRK Divier.rn:09/26/1997 CHARLIE Action; APPR N/A
i*******t*fi******t*******t*rlt***S****t****tt***i*tt***f****t**rt*tr**i**i****i***ft*t******tr****rrt****1ff**S***|H*ff*tt
See Page 2 of thie Document for any conditions that may apply to this permit.
DECLAR,ATIONS
I.hcr.by rckno,tcdgc th.t I h.vc rc.d this appl,ication, f i l,Lrd out in ful,l thc inforlstion rcquircd, co0ptctcd .n .ccurrt. ptotptan, and statc th.t atl thc inforFticr providcd as rcqul rrd ii corr.ct. t agFee to co?Ly vith the i nforr.tion rnd ptot pl,en,to corpty Yith alt Tovn ordinancas and stltc tave, and to fuild this structurc accordirg to th. Tounrs zoning and 3ubdivision
cod.8, d.aign rcvia approvcd, llnl fori 8ui tding codc and other ordinanc$ of the Toxn .ppticabt. thcrcto.
REilESTS FON IffiPECTIOilS SHALL 8E IIADE TIIENTY-'OI'R IIOURS III ADVAIICE
sc|d cl,.dr-th DcForlt To: v.A.
'TGMTURE
ort* oR cq{TRAcron roR ttItisELF At{D ottttER
******************rl*tl*********************************:l************t*t**********
CONDITIONS
Permit l+: 89?-0330 aE of Lo/o9/97 status: TSSUED
**************************************!t*****************************************
permit rype: ADD/ALT coMM BurLD PERMT epptied: 09/.??/]:9-27--lppficiit: srefursz coNsTRucTIoN ieeued: LO/.09,/1:2?7-
303-595-359s To Expire z 0a/O7 /1998
ilob AddreeE:
Location: 458 VAIL VALLEY DR (GOLDEN PEAK SKI BASE)
Parcel No: 2101-081-09-004
Deeeription:
sKr sroRAGE BUrI,DrNG(GOIJDEN PEAK SKr BASE)
ConditionE:1. FIRE DEPARTIfENT APPROVAIJ IS REQUIRED BEFORE AI{Y WORK CAN BE
STARTED.
2. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIAT:ICE.
3. A 1 flR OCCUPANCY SEPARATION IS REQ'D PER 1991 UBC SEC 708
DOOR LEADING TO BOILER ROOM MUST BE 1 HR RATED W/CLOSER PER
1991 UBC SEC 503(c), ALSO DOOR MUST BE AD,JUSTED TO PROVIDE F
ULL CLEAR OPENING
AII OVERHAED DOOR CAN NOII BE USED As A REQUIRED EXI!. INSTALL
A DOOR THAT l.lEETS THE REQUTREMENTS OF 1991 UBC SEC 3304
**********|t*****************************************************
TOV{N OF vAIIr, COLoRADO statemnt
****************************************************************
statemnt Number: REC-0342 Anount: 353.00 Lo/09/97 07:15
Palment Method: CtlEcK Notation: *3L54728 rnit': CD
Permit No:
Parcel No:
Site Addreee:
Location:
ThiE Palrment
Account Code
01 0000 4L332
01 0000 22002
01 0000 41336
89?-0330 Type: A-COMM ADD/AI-,T COMM BUILD P
2101-081-09-004
458 VAIL VALL,EY DR
458 VArL, VAT,LEY DR (GOT,DEN PEAK sKI BASE)
Total Feesi L'367.?5
******!r*********************************************************
353.00 Total AI,L Pmte:
Balance:
Description
PI'AN CHECK FEES
CLEANUP DEPOSITS
WILI, CALL INSPECTION FEE
L,367 .75
.00
Anount
100.00
2s0. 00
3.00
1. ,,
|rtCcntact . Eagle CounEy l,"""""orlf i".
[,rfJi
":fii8T%6"/:
6T"i'ob y'3K?[ Nlll, Eiili3fi'F3i;t
-
DATF' a t ,, /.;. -t
PERI'IIT //
DATE:_ q/r,- 1q r pmasa
, APPLICATION MUST BE FILLED OUT COMPLETELY OR IT MAY NOT BE ACCEPTEDu...r****************************** PERMIT rNFORl,l,ATroN *****************************rl [ ]-Building g i-rrurnring [ ]-Electricar [ ]-Mechanibar [ ]-other
.lob tlane:Acuc^r ?ear-(rr (arcacc, ,4or,r,-Job Acldress: <Sq4_Va,,, Ve,
Legal Description: Lot Block_ filing sunorvrsrou,
ovJners Nane: VA,,- A*t.,<,,4n,-s. Address:
o
N
Ph.4'?c.3t<L_
Ph.9<q.-?b3<
Address:
Mechanical Contractor: -l]4\
Address:
********************************
BUILDING PERMIT FEE: fr-ts.*
Town of VaiI
Phone Number:
Town of Vail
Phone Number:
Town of Vail
Phone Number:
Reg. NO.
Reg. NO.
Reg. NO,
FoR oFFICE USE *******************************
BUILDING PLAN CHECK FEE: A)qqts
PLIIMBTNG PLAN cHEcK FEE 3
--
MECHANICAL PIJ\N CHECK FEE:
RECREATION
CLEAN-UP DE
TOTAL PERMI
BUILDTNG:
STGNATURE:
ZONING:
SIGNATURE:
Architect z Va tu 4p-c.u t recr<^tzzGbffidress:
General Descriptions
work crass: l,-y'-new [ ]-Alteration [ ]-Additional I J-Repair [ ]-other_
Nurnber of Dwelling Units z N&Number of Accommodation Units Nt+
Nurnber and Tvne of Firepraces: Gas Appriances_ A/A Ga=- Logs N* woodr/peJ.let tulLv^3********************************* VALUATIONS *********************************
BUILDING: f e€: EL,ECTRICAL: $ OTHER: $
TOTAL: f____: S -_.=._
***************************
Town of vail Res. NISS)-B
Phone Number:
Electrical Contractor: TeO _Aqclress:
Plunbing Contractor:
Address:
PLUMBING PERMIT FEE:
MECHANICAI-I PERMIT FEE:
ELECTRICAL FEE:
OTHER TYPE OF FEE:
DRB FEE;
VALUATION
CLEAN UP DEPOSIT REFI'ID
o
75 soulh frontage road
veil, colorado 81657
(3o3, 479-21.38 or 479-2L39
TO:
FROM:
DATE:
SUBJECT:
olllce of communlty deyelopmenl
ALL CONTRACTORS CURRENTLYL REGISTERED WITH THETOWN OF VAIL
TOWN OF VAIL pUBLrc WoRKS/COMMUNITY DEVEr,opl,IENT
MARCH 16, 1988
CONSTRUCTION PARKING & MATERTAL STORAGE
rn summary, ordinance No- 6 states that it is unlawful for anyperson to litter, track or deposit any soif,-roci, sand, debrisor rnaterial , incruding trash humfsters, portabre toirets andworknen vehicres.|pon any streetl sideiail;-;ii;y or publicp1?9" or any portion theieof. --rn" right_oi_;;t-;n art Town ofVail streets and.:g"-d, is approxinately 5 ft. off pavenent,.This ordinance w-ir| be. it-iEirv-']nforced by the Town of Vair.PubLic works DeDartment. i..ii,"r found vii,ra[inq this ordinancewi'l. be given a 24 hour written n"ti""-t"-;;;;;t""id rnateriar..In the event the person so notified_does not cornpfy wj_th thenotice within the 24 hour.til;-;;;;i;i;;,"ii"-i,lf,ric worksDepartment wilr remove said nateii"r -it itt"--""i"ise of personnotified- The provisions "t-iiri" ord.inance sharl not beapplicable to c-onstruction, .uiri.r"rrce or repair projects ofany street or alley or any utitit,ies i" it"-rlgfri._u_r"y.
To review ordinance No- e in full, prease stop by the Town ofY:il_Pyilding Department to obrain a copy. rnanX you for yourcooperation on this natter.
(i.e. contractor, o$rner)r#
BUILDINc PERtiIT ISSUANCE TIME FMilE
If this penl_it requires a Town of Vail Fire Departnent Approva.l,Engi neer''s. (.publ i. ltll:l reyiew unA ipp"ouat,' a ptanni ni.nepurtmentreview or Hea] th Departmiint ieview, .nl'.-".uie; Li-;i.;;"Eriiar ngDepartnent, the estimated time tor'a iotat ""ui"n-iluy"Ia[i'as tongas three weeks.
A'll commercial ('raroe or smalr ) and alr mu'rti-fami]y permits wilrhave to follow ine ihve rnenti6ned mixirum requirements. Residentialand.lma'!l projects_shourd take a telslr amount or time. Hoiever, ifresidential or smailer.projects inpact the various auove mlntioneodepartments with reoard to necessary review, il "i" p""j..ii"ruyalso take the three'week period
Every attempt will be Tgge by this departnrent to expedite thispermi't as s.qon as possibi e. -
I' the undersigned, understand the plan check procedure and timeframe..
75 soulh lronlage road
ulll, colorado 81657
l3o3l 479-2L38 ot 479-2L39 oftlce ot communlty devclopmelrt
Comnuni ty Devel opment Department.
MEMORANDUM '
TO: ALLCONTRACTORSFROM: TOWN OF VAIL pUBLtC WORKS DEPARTMENTDATE: MAY 9, 1994RE: WHEN A "PUBLIC WAy pERMtT'tS REQU|RED
Job Name:
Date:
Please answer lhe following questionnaire regarding the need for a 'Public Way permit":
YES NO
1) ls this a new residence?
2) ls demolition work being performed
that requires the use of the right
of way, easemenls or public property?
3) ls any utility work needed?
4) ls the driveway being repaved?
5) ls diflerent access needed to site
other than existing driveway?
6) ls any drainage work being done
affecting the right of way, easements,
or public property?
7) ls a'Revocable Right CI Way permit"
required?
8) A. ls the right of way, easements or
public property to be used for staging,
parking or fencing?
B. lf no to 8A, is a parking, staging
or fencing plan required by Community
Development?
lf you answered yes to any of these questions, a "Public Way Permit" must be obtained.
'Public Way Permit' applications may be obtained at the Public Work's office or at
Cgmmulity Development. lf you have any questions please callCharlie Davis,lhe Town' of Vaif Construction Inspedot, aI.479-21ffi.
I have rgad and answered allthe above questions.
Job Name Contracto/s Signature Oate
Vail Besorts llevelopment Company
S€'tlngthe
Stondaftllot
Wb d Oast
Vail . Breckenridge . Keystone . Beaver Creeko r Bachelor Gulch'" . Arrowhead
September 15. 1997
Mr. Charlie Davis
Town of Vail
75 South Frontage Road
Vail, CO 81657
Reference: Golden Peak Base Facility
File GP896.742
Subject: Golden Peak Ski Storage Addition
Dear Charlie:
Attached for your information are stamped drawings for the above work. We are requesting
that only the foundation work for the Ski Storage facility be performed along with the adjacent
concrete patio work under the Golden Peak permit. I will be submitting for TOV Building
Permit the remainder of the Ski Storage structure along with the appropriate building permit
fees for both this foundation work and the structure later this week. lf you have questions
please contact me at 479.3142 or if urgent please contact Chris Walker at 479.3151.
Sincerely,
/^x II IIIJJ I{\ t !r-\\t<--./
Bernie Niznik
Senior Project Manager
attachments
Cc: David Corbin - Mo
Jack Hunn - Wo
Lauren Waterton. TOV - w/o
Mailing address: PO Box 959 . Avon, Colorado .81620-0959 . phone 970.479 3140 'fax 970.479 3148
Physical address: 600 Llonshead Mall . Vail, Colorado .81657 n
IIE.F I l'JI
Ag / LA/97 d7 :?.4
I ltil{ iJf- ,dJ.l-t ,J-,r-Lj |1rrrr u
REOUESTS FOR INSFECTION IIORK SHEETS FOR: 9/LQ/97
== ===========: =========='- ============
Use: 11 1-HF
Fh,:n e : 3r.fjg6l.1660rc':
Fhone:
FnnirI : .J{tlJdl:|Uc';|<r{t
SPEE 5
AREA: CF
!-:'-.'.. i it i': ?ii -[t1 I : ": '']: Type: DCMFL::" 1' i'.+
flddresE: 458 UAIL UfiLLEY DR
Location: EOLDEN FEAH SKI BASE
Farcel: El0i'-il,31-89-rit0+ Cu-c:
De =cr- i pt i on : NEI,J COI4MERC IgL l.lITH 6 CCNDOS
ilppl ieant : TJEITZ-EOHEN CONST. , CD
!,^.ne>-: UAIL COelrl?flT:f
Cantr"eg-lor: t,iEiTI-COHEN CONST,, trif
OrlLlii: BLltr-Fc'rndat i,:n,'5t e e i.,3u a.E--o-Nr. " sl-19, I
f nsoe.-t i on Reqr.rest Ia'-,:r'nat ion.
Re':rae 3tDi':. F:LL,/HEIT: CCHEl.'j
Req Trnre: 3i:liffi Cc;tt:nen'; s: I'UUR
:- - --.-! -. --lLBil> I E9 -1E:-',eL .U 'JE r i | : P E '- lJ ts L.l . . .
Fhone:
3:3,.r PFi
PARTIAL APPROUAL
A.--t r on : FIA trARTIAL HPF ROUAL
F3i F'ftDs THAT I,JEF,E POURED
..:,:t irn: Ff; appr.av:J lian marked
Action: AFFF fiFFFAUED FLANS M*RHED
Act i on r AFFR ilFF. tr'LflNS iIIAEKED
Act i on : F'A J L Il'iE 1' 9 TII 5
Act i on : FA ;;;3 J LINE 3. 1' 4' 5
Action: trA B TB E ALONG 11 LINE
Act i on : trA COLUI*INS J3t 4&5
REUISIONE REtrUIRED REFLE
F'ARTIAL APPROUAL
i; =pec'i i;n Hiitnly. '...jL*ia: OESiir0 Fl.l-Fackiiii ie;pection
i t *m: EIA5O1 Fl.l-Tenp. ictrss5/'di'3:naEa
I t e in : OOSO8 tril-Ro ugh grad e
I t En: A65AJ trhl-Finai dri v er'r.r;; gt-ad:
Iteat: OO51O 'ji'i '' ewa.;+ gi'-ii:; Fir,..-
1t en : etAAl'Zr E'LiE-Faot i;q=,"5;:e I
tA4/3lE/9A Inspector: DS Aetion: FA
i'j,:t es: iliil;li E T: ,i LiinE ( 1itra' 4; CDLUi'iii E3' E;. 3+r B5r B6r E7r ts6. 6
A=/'AG /98 In--pect or'; CF
f.lrtes: SEE trFPEtrVEl PLtrNg
t--as..1Jf .'?i In =p+=t li': f,F
A3/AP-/36 Inspeetonr CF
G5,'iulr?6 1r:pector': CF
Note-': FEfiTING NEEDS ilNE ADDITIOidtrL *7 BAR ECCIJ iinY
'd5/14/96 Inspector: EF Action: AFFR AtrpROVED
iJote-": sEc d-4. t, c{ate!' in f isi 2i- c,i /E!-:; =l .-; 1:iier
A5/ 17 i9.e Insperto'i': CF Act ion: AFPR sEE AptrROUED F'LANS
3.3,'il ."j;: ----::-i'::-; CF lctl;n: FA ::: .-,:l=:1.'E: trl-:lil:
A=/3Ai26 Insper.ior': DSD Act ion: PA FARTIflL AFF'ROVAL
A6/A3i96 In=pecior-: CF Act ion: FA trARTiCL AFFR'IUFL
@6/@3/9A Inspector-r CF f;ct ion: FA FARTIAL AF'FROVf,L
Notes: H-1" L AFE A;!5 FOTTER BETIIEEN G A H AT LIi'iE
=PADS 67'H6 CBLUT{NS H4'5&GS FOtrTER BETi"JEEN 5&6 AT E LINE
FAD f;T H6 NEEDS CDDiTiCNf,L EAR TO TOTFL S EACi{ WAY
46/A4/96 Inspector': CD Action: NR STA:RI'JRLL *4 AND *5
Notes: Sf,D44 lRf,l,iiiiG;{.iST BE SUEI{ITTED fiND 5I6NED BY ENG' ALSB A
AF:trFN:,'G! FiF BRICK UsE AS CHAiRS
trALL FBR REIT,ISF.ECITSN
STAIR- IIALL *5 Approved
86lDE/96 Inspector': DS
Ag/A6/96 Inspeetor': DS
A6/@7/96 Inspector: CF
o,6/@7/96 In=peetor: CF
Notes: AtrtrRtrVAL FENDING STRUCTURAL ENE
CHANGES TO REENFORtrEMENT
Q6/lL/96 Inspector: CF Action: PA
o
REF.T 1:;1 TOWN OF VAiL.. COL.TIRADO F'AGE 13
AREA: EGle/A3/97 OB:Etl REGUESTS FOR INSFECTIDN I'IORK SHEETS FORttT/ 3/97
Ac-tivity: E97-OP46 le/ 3/97 Type: B-ELEC Statr.rs: I55UED Constr: AtrOlrl
Address: 458 VAIL VALLEY DR
Loration: GOLDEN PEAK SKI BASE
Oce: Use:
F'hone: 849-6O95
F'hone:
Fhone: 949-6O95
Far"ce I ; 3l€rl -rZtS1-49-OtZrA
Description: ELEC FOR SiKI STORAGE BUILDING
Applieant: RIVIERA ELECTRIC CONST., CO
Owner: VAIL. CORF.BRATION TI-IE
Eontractor^: RMERA ELECTRIC CONST. , CO
Inspect i on Request
Requestor: f,flRRIE
Req Time: O8:OO
It ems l eqtrest ed to
er0l90 ELEC-Final
Inf onmat i on. . . .
Comment s: L.ATE
be Inspected...
L-'hone: 949-6t295
MORNINB IF POSSIBLE
Exp
InspectionIten;
Item:
Item:
Item:
Item:
History.....
rzrUr I 1ra ELEC-Te m p. F,ower.
oqr leo EL-EC-Rough
IA/eA/97 Inspector.: t.6
LA/36/97 Inspector: EG
AO13ra ELEC-Conduit
AOl4A ELEC-Misc.
AA190 ELEC-Final
)z--;eL7ftp
Ftetion: AFFR par-taI
ACt i Orr : ATTF'R APF.ROVED
TOWN OF VAIL
?5 S. FRONTAGE ROAD
vArL, co 81657
970-479-2138
DEPARTI.TENT OF COI,IMUNITY DEVELOPMENT
NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES
ELECTRICAL PERMIT Pernit #z 897-0246
Job Addreae: 458 VAIL, VALLEY DR
LOCAtiON...: GOI,DEN PEAK SKI BASE
Parcel No. .: 210L-081-09-004
Project No. : PRJ97-0199
APPLTCANT RTVTERA ELECTRTC CONST., CO
P.O. BOX 18193, AVONTCO 80110
CONTRACTOR RIVIERA ELECTRIC CONST., CO
P.O. BOX 18193, AVON,CO 80110
OVINER VAIL CORPORATION THE
PO BOX ?, VArL CO 81658
Deecription: EIJEC FOR SKI STORAGE BUIL,,DING
Statug...: ISSUED
Applied..: LO/O9/L997
riiued. . . : Lo'/oe/Le97
Expiree,.t o4/07/1998
Phone: 949-6095
Phone: 949-6095
Valuation:7, 000 . 00
ff******t****t*r*ffi*r*****r*t****r***tr**t****r**t*t *r*i* tEE sul{IARY t****i*iff**t******tJrilntift*f,**t****i*t*****tr****'r****lr**
129.00
.m
129.00
129.m
.00
r******t***ft***fft***ff*rftrrtf*t**i**t*tt*trtrffr**t*ttr*n*t*rr********i*******ttl***t*t*ttt***t**ht***tfi**r*******t**t**t**
Dept: BUILDING Division:
Etcctrl c.l--> 126.m
DiB Fec
Totat calcutatrd tc.3-->
Additionat Fcca-------->
Total Pcrnit F.c------>
Pryncnts------
BALANCE DUE-----
Invlstloatlon>
l,JLt crl,l,-->
TOTAL FEES-_>
,00
3.00
129.00
Dept: FIRE Division:
******tff*******ffi**t***f,**r*rt**t*t**t****ff**************t*t*****r****t***t**f*t*t*fl*tfr*tt***t****t*******r*fit*r*tt**
CONDITION OF APPROVAI,
1. FIEI-,D INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE.
ffir*ffr**fn*ff***********ri***r*tlrti*fiff**k****i*r****t*t*t*f**t*t*tht**r**********t rtttt***f**tt***
DECLARATIONS
I hcrcby lcknouL.dgG thrt I havc read this appLication, litl,cd out in fuLt thc information requircd, conptetcd an accutate ptot
pl,an, a'nd ctate thit !1,1, tha informtim prwiaca as riquircd is corfect. I rgrce to conp Ly Yith thc informtion rrd ptot p[an,
to cipLy uith ltt Toyn ordinanceg and ctitc t.H8, .nd io buitd this structur. according to the Tovn's zoning end subdivigion
codcsr'dtcign revian approvcd, thiforr Bui Lding C6da and othrr ordindrcls of th! Toun applicablc thercto.
Item: 06000 ELECTRICAL DEPARTMENT10/O9/1997 CHARIJIE AcLion: APPRIt'ern:' 05600 FIRE DEPARTIIIENT76ldt / 1e91 - cttAnl,re-- [c'tion: APPR N/A
REAUESTS FOR II{SPECTIOI{S SHALL 8E ilADE TTIENTY-FOI'R HOIJRS IN ADVANCE BY
*****t**********************************************************
trotfN oF vArL, cotJoRADo Statennt
* * * * * il * * * * !t * * * * * * * * ** * * ** * * * ** * * * * * * * * * * * * * * * * * * * * * * * ** * * * * ** * * *
9tatemnt Number: REC-0343 Amount:
Palrment Method: CIIECK Notation: *1477
129.00 to/09/97 11:01rnit: cD
****************************************************************
Permit No:Parcel No:Site Addreee:
Loeation:
Thie Palment
Account Code
01 0000 41313
01 0000 41336
897-0246 Type: B-ELEC
2101-081-09-004
458 VAIIJ VALLEY DR
GOLDEN PEAK SKI BASE
ELECTRICAL PERMIT
Total Fees:129.00 Total ALL PmtE:
Balance:
Description
ELECTRICAL PERMIT FEES
TIILL CALIJ INSPECTION FEE
129 .00
129.00
.00
Anount
126.00
3 .00
, ,1714p?O
$**" o,
lo* oF vArL coNsrRucrro*f
PERUIT APPLICATION TOR}Tolrl; /o /3/77T
. APPLICATION UUST BE TILIAD OIII COUPLSIELY OR IT !,IAY NOT BE ACCEPTED
ft***************************** SERINIT INFoRl,tATfoN **************************i**trt
[ ]-Building [ ]-Plunbing F{-Electricat [ ]-Mechanlbat [ ]-other
)e- Job Address:
I,egal Description: Lot Block_ Ftfing suBprvrsroN:
4?t - 3rq?-owners Name: V+l l\vr.,ul.S Address: f4, B.o 1 Vu;L (c Ph. E- -
Architect: W'( A,n,l,,_u^_ ,,.,-, Address: p.o. B<,v l?J.t !r"^.-( co ptr.l.ts-74
ceneral Description:...q L,
t{ork Class:r{-uew I J-Alteration [ ]-Additlonal [ ]-Repair [ ]-other
Nunber of Dwelling Units:Nunber of Acconnodation Units:
t
.Plunbing Contractor:
Address:
Mechanical Contractor:
Address:
****** * * ** * * * ******* * * *** ** *** * * FOR
BUTLDING PERUTT FEE:
PLWBING PERUTT FEE:
I'fECEANICAL PERI'IIT FEE3
ELECTRTCAI. FEE:
OTIIER TYPE OT FEE:
DRB FEE:
Town of Vail Reg. NO.
Phone Nunber:
Town of Vail Reg. NO.
Phone Nunber:
oFFrcE usE **************************r*r**
BUILDING PI,AN CITECK FEE:
PIT'I{8ING PI.AN. CHECK FEE:
}TECHNITCAIJ PIJAI{ CITECK FEE:
RECRE.ATION FEE:
CLEAN-UP DEPOSTT:
TOTAL PERUIT FEES:
BUILDING:
STGNATT'R8:
ZONTNG:
SIGNATIIRE:
CI.EAX I'P DEPOSIT NENNU' T1}S
luwn
TO:
FROM:
DATE:
su&TEqr!
tS aoulh frcntlgr rcld
yrll. color.do 81657
(303) 479-21.38 ot 479-2t39 offlcr ot communlty dcuclopmrnl
AI.I. CONTRAqIORS CT'RRENTLYI, REGISTERED WITII TEETOITN OF VAIL
IOr{N OF VAIL PUBLTC WORKS/CO!,IMI'NITY DEIIIEIOPUENT
I.IARCH 16, 1989
CONSTRUqTION PARKING & II'ATERIAI STORAGE
rn sunoary, ordinance No. 6 states that it ig unrawful for anyperson to litter, track or deposit any ""ir,-ro"r, sand, debrisor naterial, including trastr l.rupster3, porialie toilets andwortoen vehicres.lpon gny srreer; ai-;;"ik;;ti;y or publicpr?ge 9r anv portion trreieor. -iit" iighi:;iGi-bn arl Town ofVail streets and.roads is approiinateiy 5 ft.-6ff pavenent.This ordinance wilr be "iriEilv--enforced by the Tonn of vailPublic works Departnent. i"==ir"= found viitating this ordinancegill. be siven a-24 hour *tiir"i-i"ii;;1;-;;;;;'said naterial.rn tbe event the person so notiti"a-a"""-";;;pry wittr tbenotice within the-24 rrour tGe-specifiea,- trr"-i"lric worksDepartnent wirr rerove said nattii"i -.i-irr;-;ra#;-"i-i"i=o'
notified. The provi=ions-or:trris orainance sharl not beappricabre to c-onstnrction, -r"iii.tt"nce or repair projects ofany street or alley or any utiU.ties in tfre-rl9f,i_"_r.y.
To review Ordinance No. G in full, please stop by the Town ofvail Buirding Departnent to oriiin a copy. rlani< you for yourcooperation on this natter.
Br.-**
Project (i.e. contractor, owner)r
75 3oulh trontrgc rold
u.ll, colorrdo 81657(38) 479-2138 or 479-2139
undersigned' understand the plan check procedure and time
ofllco of communlly dmlopncnt
BUILDING PERI.IIT ISSUAI{CE TII'IE FRAI.|E
Il-Ii:_f"ljt.pcu.t1eg I rowl of Vait Fire Department Approval,Engineer"s (.Pub'lic !9"ft) review and approval,' a ptannini-beparment
f:l:L:l.Hellftr_lggartnlnt. review, anit a-review by the auiibinf--"-uepartment' ffie estimated time for a totar review iray take as 16ngas three weeks.
A]'l cormercial flarge or small) and all multi-farnily permits willhave to follow itre iuove ffiii;#-raiimum reguirements. Restdentialand.smal] projects should tarie a lesser amund of time. Hil;;;;-i;'residential or smaller projects impact the various auove mentioneddepartments with regard'to-necessary review, til;; p*j."ii *valso talte the three-weef perioJ.-
Every.attempt will be tsge bV this departrnent to expedite thispenni't as seon as possible. -
I' the
frame.
Communi ty Development Oepartnent.
70:
FROM:
DATE:
RE:
MEMORANDUM
ALL CONTRACTORS
TOWN OF VAIL PUBLIC WORKS DEPARTMENT
MAY 9, 1994
WHEN A'PUBLIC WAY PERMIT'IS FEOUIRED
Job Name: C=rt 9 PJ- Sf.j Sh*.-:,--Date: /6/ 3/q7
Please answdr lhe ?ollowing que$ionnaire regarding lhs need for a 'Public Way Permif:
YES NO
1) ls this a new residence?
2) ls demolition work being performed
that requires the use of the right
of way, easements or public propefi?
3) ls any utility work needed?
4) ls the driveway being repaved?
5) ls ditferent a@ess needed to site
olher than existing ddveway?
6) ls any drainage work being done
afieaing the right of way, easements,
or public prcpefty?
7l ls a "Bevocable Right CI Way Permit'
required? :
8) A. ls lhe right of way, easements or ./
public property to be used tor staging,
parking or lencing? .
B. lf no to 8A. is a parking, staging 1.,.
or fencing plan required by Community
Development?
lf you answered yes to any of these questions, a "Public Way Permit' rnusl be obtained.
'Public Way Permit' applications may be obtained at the Public Work's oflice or at
Communlty Development. lf you have any questions ptease catl Charlie Davis, the Town
of Vaif Construction Inspector, at 479-218. '
I have read and answered allthe above
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75 South Frontage Road
Vail, Colorado 8/,657
970-479-213V479-2139
FAX 970-479-2452
Marchz7,1997
Mr. Frederick WYman ll
93 Whippoorwill Road
Armonk, NY 10504-1108
Deparnnent of Contmunity Deve lopment
FE: Golden Peak Parking Garage
Dear Mr. Wyman:
Thank you for taking the time last week to discuss your concerns related to the parking slructure
at Golden Peak. W-e discussed three issues: ihe lidht from the parking structure; the light of the
headlights coming from the structure; and the industrial look of the garage and delivery entrance'
As you are aware, Vail Associates received Town of Vail approval lor this.project in 1996' alter
review by the Planning and Environmental Commission, Vail Town Council and the Design
Review Board. At thiJtime, tlre Town of Vail has no authority to reconsider any approval related
to this project. Any applicant receiving Town of Vail approval must be able to rely upon that
approval as they proceed through their proiect.
Throughout this project, the Town of Vail and Vail Associates has worked together to insure that
this pr-oject meeis tne high level of quality ihat is expected in Vail. This project was in the review
proc'esi for nearly a yeai lfrom application to building permit issuance) and there were many
issues to be condiOeied. i would urge you again to remember that the project is not complete.
When the work is linally done, I believd that the architectural issues will not be as pronounced as
they are now.
I have spoken with David Corbin, with Vail Associates Real Estate Group, regarding your
concerns. I believe his letter to you of January 31, 1997 explains the difficulty of putling garage
doors at the entrance to the parking structure. The addilion of garage doors would require that
intake fans be installed. t'm atraiO ihat the noise and visual eftect of the intake fans may only
replace one nuisance with another.
Regarding the look of the parking slructure, David and I agreed !o.megt and discuss the
taniscap'irg in this area. i Oetieve that we can find ways, through landscaping, to reduce.s-ome
of the abpeirance of the entrance. While it certainly will not disappear completely, the addition
of significant landscaping will help shield the entrance.
Thank you for your interest in this project and the appearance of-the town- | believe that you will
nnO me projecf will continue to imfrove as il nears cirmpletion. After David and I meet regarding
{g *""r"uo r*",
the landscaping, I would be happy to share rvith you any changes lhat mqy result. lf you have
any questiohs in the meantime, please feel free to contact me at (970) 479-2454.
Sincerely,
Itt
LA//'+a.^Walcftv\--
Lauren Waterton
Town Planner
xcr Susan Connelly, Communily Developmenl Directol
David Corbin, Vail Associales Real Eslale Group
Diane Milligan, Ramshom Condomiums
t RECE,VEO nAy l g tgg7 .*?^_.___
FREDERICK WYMAN II
93 WHIPPOORWILL FOAO
ARMONK, NEW YORK TO5O4.ITOA
(et4) 273-!1!rtFAr -5118 FaX
(914't 2'13.3145
May 13,1997
Mayor Bob Armour
Members ofthe Town Board
Town of Vail
75 S. Frontage Rd.
Vail, CO 81657
RE: Golden Peak Parking Structure
DearMr. Mayor and Members ofthe Town Board:
The redevelopment of tle base facility at Golden Peak as you are no doubt aware is well
under way. It is distressing to the many property owners living across the street from
Golden Peak that Vail Associates has made no attempt to mitigate the impact of this
denigration on their viewshed.
Of particular concetn is the blinding light that emanates from the entmnce of the parking
struchre. I contacted Vail Associates and was referred to David Corbin, the Golden Peak
Project Manager. I subsequently received the enclosed letter.
When it became apparent that Vail Associates intended to do nottring to satisfactorily
mitigate this problem I contacted Lauren watertoq Town Planner, in your DeparEnent of
Community Development. We spoke about this matter on several occasions and I met
with her during my March visit to Vail. She sent me a letter (copy enclosed).
Essentially Miss Waterton states that once a project is approved in Vail that irrespective
of any unanticipated consequences the Town has no authority to compel and direct the
developer to rernedy and mitigate tlese unanticipated adverse consequences. She is
hopeful that some landscaping will mitigate the appearance of the gamge structure. I
respectfirlly suggest that a planting bed that is at best 6 ft. wide in places will hardly do
an adequatejob.
We had discussed enlarging the planting area by eliminating several parking spaces to
enable the construction of a berm which would afford the possibility of installing more
plants at higher elevations. My sense in talking with David Corbin was that he would not
even consider this.
The issue of the light emanating from the parking structure can only be satisfactorily
addressed with a door and it is my sense that Vail Resorts, Inc. is not inclined to do so
simply for financial reasons.
According to the prospectus issued when vail Resorts, Inc. went public recently; the
anticipated cost of the Golden Peak facility was $33,000,000. S24200,000 was to be
recouped from the sale of6 condominium units apparently under contract already and an
additional $6,000,000 was to be recouped from tJre parking facility. This leaves vail
Resorts, Inc. with 43,000 SF of commercial space at a cost to them of approximately
$3,000,000 or less than $70 per SF. It is my understanding that reats in Vail for retail
and commercial space significantly exceed $70 per SF. It doesn't app€ar to me to be a
major financial hardship to install doors with whatever ventilation may subsequently be
required.
It is interesting to note from a brochure regarding the architectural and design guidelines
for Bachelor's Gulch as well as Strawberry Fields in Beaver Creek that they precisely
dictate where the houses can be located as well as restricting which trees can be cut in
order to preserve the marketing environment they are trying to create. I also noted during
a recent visit to Beaver Creek that the majority ofthe garages underneath the buildings
have doors.
It is regrettable that Vail Resorts, Inc. does not take the same interest and pride in
mitigating the impact of the Golden Peak project and parking structure on the adjacent
property owners. I respectfully request that the Town Board review this matter and
require Vail Resorts, Inc. to act as a responsible member ofthe community.
Vail Resorts, Inc. desperately wanted a new portal to the mountain. They have it. They
oqmaking a gleat deal of money fom it. They should now do whatever is necessaq/ to
make it possible for the people who live in the area to enjoy their property in the firture as
they did in the past.
FW:ml
CC: Susan Connelly
Anty Daly
Jim Lamont
DianeMlligan
Al Selke
ttEE- >/t?/1.i
Vail Associates Real Estate 0roup, Inc.
O?reloft'' of lhfl,
,aarlr Crct"crott
,,',!0,','.'d.a,rd
'|d!rb.
GsLh |tlvry'
January 31,1997
Frederick Wyman II
93 Whippoorwill Road
Armonk, NY 10504-1108
Re: Golden Peak Development
Dear Mr. Wyman:
I have received your letter of January l3'h, together with copies of letters sent to
Andy Daly by Timothy Wyman and Al Sell!<e, a!! restating the concern you raised
with me in our meeting of January 3'd regarding the light emanating from the
Golden Peak parking structure entry. At that time I noted your concern about the
illumination of the interior of the garage and your displeasure with its impact on
your property. You requested that we examine the feasibility of installing garage
doors at tlte entrance to the parking structure. I indicated that I was not readily
inclined to make that change to the garage entry because the garage was not
designed for overhead doors. The problems posed by overhead doors include
conflicts with existing mechanical systems and fire protection and design
incompatibility with the key pad controls. parking booth and gate. T also indicated
at that time I would examine the possibility of shielding or covering the interior
garage entry lights with hoods or lenses of some type.
To repeat the substance of our phone conversation of yesterday, I have leamed
from our mechanical company that the automobile entry openings are in fact used
for air intake or make up air for the garage exhaust system. These open areas
account for 100% of the intake which is then circulated and exhausted
mechanically in the structure above the garage opening. To close the openings
would require the construction of substantial louvers and intake fans which were
dismissed as visually unacceptable in early conversations between the design
team, Vail Associates, and the town staff. Objections to the noise generated by a
mechanical intake system were also raised in the early design stages.
As I mentioned to you over the phone the electrician who has designed the
lighting system in the garage interior believes that a hood system or shield on the
light fixtures would not change the effects of illumination since the lenses
themselves are not directly visible from the exterior (with one exception) and it is
reflected light from the concrete surfaces that spills out ofthe garage opening and
is visible from your residence. The electrician is also not familiar with any
smoked lens which is available for this fixture type and instead has suggested that
| 37 Benchmark Ro.d . PO Bor 959 . Avon, Colorado .81520 . phone 970 845 2535 . far 970 845 2555 a
two of the three entry lamps be disconnected to see if the reflected illumination is
mitigated in that fashion. we have done this. I intend to inspect the condition
this evening and I believe that Jim Lamont intends to drive by ihe project at night
to view this new condition.
The one fixture which is wall mounted and is visible through the garage opening,
though not visible from your residence, I have directed be moved to another
location so it is not visible.
I would also like to remind you once again that the project landscaping is not
complete and landscaping is contemplated on the island between the road and the
north side skier drop offzone. I believe that when this area is landscaped in early
summer of this year that impacts of light emanating from the structure openingwill be mitigated to some degree. Hopefully this will lessen the light as seen from
your residence and other All Seasons condominiums.
Finally, while I respect your opinion and displeasure with respect to the changed
condition across the street from your residence I do not concur that this new lilht
source has significantly devalued your property or those of other All seasons
owners. In fact, I believe that an argument could be made that the substantial
investment by Vail Associates in improved lifu, base facilities, site conditions,
and high end residential condominiums may in fact have appreciated the value of
your residences. I hope you will wait for the final completion of the project in all
respects before finalizing your opinion regarding its merits.
Very truly,
VAIL ASSOCIATES REAL ESTATE GROUP.INC.
/)*"-"-/+, cL----
David G. Corbin
Vice President of Development
DGC/db
cc: Andy Daly, VAI
Jim Lamont, East Village Homeowners Association
Al Sellke, President All Seasons Condominium Association
Timothy Wyman
j:\dana\corbin\goldcn pcak\frcderick wyman 013 | 97
..-.
a
75 South Frontage Road
VaiL Colorado 81657
970-479-213V479-2r39
FAX 970-479-2452
March 27, 1997
Mr. Frederick Wyman ll
93 WhippoonaillRoad
Armonk, NY 10504-1108
Department of Community Devebpment
RE: Golden Peak Parking Garage
Dear Mr. Wyman:
Thank you for taking the time last week to discuss your concerns related to the parking structure
at Golden Peak. We discussed three issues: the light from the parking structure; the light of the
headlights coming from the structure; and the industrial look of the garage and delivery entrance.
As you are aware, Vail Associates received Town of Vail approval for this project in 1996, after
review by the Planning and Environmental Commission, Vail Town Council and the Design
Review Board. At ttris time, the Town of Vail has no authority to reconsider any approval related
to this project. Any applicant receiving Town of Vail approval must be able to rely upon that
aoproval as they proceed through their project.
Throughout this project, the Town of Vail and Vail Associates has worked together to insure that
this project meeis the high level of quality that is expected in Vail. This project was in the review
process for nearly a year (from application to building permit issuance) and lhere were many
issues to be coniideied. I would urge you again to remember that the project is not complete.
When the work is finally done, I believe that the architectural issues will not be as pronounced as
they are now.
I have spoken with David Corbin, with Vail Associates Real Estate GroqP, regarding your
concerni. I believe his letter to you of January 31, 1997 explains the difficulty of putting garage
doors at the entrance to the pariing structure. The addition of garage doors would require that
intake tans be installed. I'm alraid inat the noise and visual elfect of the intake fans may only
replace one nuisance with another.
Regarding the look of the parking structure, David and I agreed !o megt and discuss the
tandscapfng in this area. I believre that we can find ways, through landscaping, to reduce.some
of the aipeirance of the entrance. while it certainly wltt not disappear completely, the addition
of significant landscaping will help shield the entrance.
Thank you for your interest in this project and the appearance of-the town. .
I believe that you will
find thd projecf witt continue to lmdrorie as it nears ibmptetion. After David and I meet regarding
{S *"rr"t oruo
the landscaping, I would be happy to share with you any changes fiat may result. lf you have
any questions In the meantlme, please feelfree to contact me at (970) 479-2454.
Slncerely,
lru*rr^uhla-u.
Lauren Waterton
Torn Planner
9'r| Cmn*l CcnmnnyDa,rloF rnl B€dot
DavU Co|tln, Vail lssociet Rad E3ld. Gtup
Dirn ]ilil$n, Rrrteltofi Cotrdotrtintt
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Ilil.4qqo.o|lls.q&tl Flla.tp tnqpr.tlg:. .. . ...
Jaouuy 3l,lW
Frederick Sryrnantr
93 Whippoorr'illRoad
AnnonlNY 1054il0t
Rer Goldon Prrtrr Dcvclopment
DeaMr Wyoau
I hflreftcoircd yorn lau of Jan'uy l3t, ogcthec with copies of tctrers scdt toA$y Dary by Tin'tby wpa aoa er s"ttre, al.twunoe ftu conccm you nlscd
yttL urc_in orr nc*tiag of Janu*y 3n rogarding U tigU frnsnrtlng- fim ftB
gotdeo Pcak paddqg stuucnro ory. et t* tir"-t noea yro
"onccni
about theilwnincioq of tbs intedor of thc garage ard yot displeaiurc witb its impact m
y.oru prqpcrty. You rcguesEd that we ommino tne feasiuility of ius8uing eEragpdoqs c tbs cffiuae to thc paddng strlcnre. I indicqfcd tirat I "n" not reaailvincllnad to nakc tLat c,bmge to tbe grage cnry becarrc tbe gamge was lot
dosignd ftn ovcrtead dmrs. The poil.ms pdd by orrsm"A Ows iduas
foaicfu sttr cristhg noechetcal Erstlrlr aod firE potectioa and d€dgn
incoopuibility.with the ke,y p+ aontrots, prking boou ud gat. I also indicatcrtd thrt tine l-would €xsminp trc posdbitity or stieldiug or o"vaing tbc iDErior
grngo mfry Ughtswilhhmds q lcnscs of s@s ty;i.
To Fpcattrc substErccof oruphom co$rcrsstion of yestocrrlay, Ihcve Lnm€d
from oumcchrnical mnpauy tbdrbc E'tomobile erty op'nringJare in factuscdfur air htakc or ryke up air for the guago o(hgust;'rstil" tbecc opcn areasaccourt fw llwo of tbc intake rrrhia,h is thm oirculdcd ana erhausbd
ncahmically h thc snucnre above thp guagc op€oing. To close 6E opcoings
uould rcquirc ths cmseuction of substantial louvrrs md iffiLo ftns vhiih wme
'fiemiss€d as visually rluaooqtablc in carly cmversadoas betcrEeo tho dcsipt!o'} vailAssocircg ed the torvn stafi objesdoru to tbe noiso gencrccd by a
nochruical iutako sysEn wsre also raiscd In the early deeig! stNg6.
As I mcndoned to you ovcr the-pbonc the ol€ctisian qfto hrs designsd &c
li+- frg tttstcrn ln the garrgc interior bclieves tbat a hoo4 systcn or shieid on thelisht firtrres vronld not cbaagc thg €ftcts of illrrrninalm sbcc tbc leosestrytTty1 yr_oot rlirwtly visiblc fiom tbc eceriu (wift onc excerytion) 8rd it is
t€Ocstsd ti.gh AoE fte cqg.tc su.frcas thd spiUs,our of tlre ga'u8" "phi'g -dir {"!tg ft,m-y_or,rcsidfocc, Ihe electuician is Aso noismitiai *ith -vsqokod lcnsuaiohis av"ibblc fmthis fixhnBtype andirstead lirs sirggestcdihd
ortprdll|f
b|Jorr.&FG
ffiadr.i.ata*0 }tttF
1!' Bmdmril Rod I Po tor 9s9 rAyon,6rondo .!rG20 .phonr 9r! ir5 $rr .firg0 tf5 255i s
mR. 4.19S7 3:!trf't CMTLE REfl-TY GROIP tP.Zl8 P.3/3
t'to. ofrlF thr€e entry lp''Fs be dis'oDqectod b sec ifthc rcflcctod i[rrroination isnidg€bd in that frshion, wc hanp done this. I iDEad to furspgct tlc conarton
thiscveoing ald I htiove tbd Jim Laraont inb'ds b drivs ry fi. pn":""t at light
16 yi6q' this norg condltio
Tbe oap frc[uc uftich ts wall ooudcd and tF yisibtc trough thc garago opcning,
thou8h lot vfuibb tom yow rtsldeocc, I have dircoted ue nJ'ca to inott t
location so lt is not vlsible.
I vnuld dso litp to rqid you oDoo aCEin trat tbc poject lodscapiry is rct
compleb aud laodscaping is contcmplaed on the islmd uJnreeo tlo,6ra'ana ft"
north sidc ski€r &op offzo"a. I bsli€vc that whcn this arca is ranrlecaec in cartytagTGE of ibis ycar tbd inpacb of light +rneneting tr@ fu -ttua,hr* opcdliwi[ be dtigsbd b somo degrce. ttopduUy Ois wil-lesscn tb€ lig[t as ,"i Aon"yonr rcsideocc nd otber All Sessons afrduinfuEs.
Fiull.l cfrile I rcspect prr ofrnion ad disploasrre witb rcspcgt 515s.rrnngedcqdifion acrocs thc steet &on your rrsidcocc t do not cmcuitt*ttis ne,w rigrrsorco ht sigdficailly dcvrlud yor proP'rty or tbosr of other Alr searons
owDcsr. In ect, I bclicve thd an scuecmt corr&l bc mldB fiat tbe subsffiidinr'su€d by vail Associdas in inEoved lifts, baee fioilitics, oic cmeftimq
md his cnd rcsidenrhl conrtominirris nay in &ct barrc ageaha ru vahrc ofyo'rrosideaccs- I @ youwill wsit frr thr enat comptcdda offre pojEsr in {ll
rcspccts bcftre qpatiqing
'otu
opioion rcgudi[g if mcriE.
Vecytrrly,
VAIL ASSOCIATES REAL ESTATE GROUP.INC./h"*a+,L_-
DavidG. Corbin
Vioe Prcsid€nt of Dcvclopcnt
D6(ydb
cc: AodyDaly, VAI
Jim Lanont, East Villagc Homcowncrs Aesooistion
Al SGUk!, Prcsid€ot All seasons Condominiun AssociadonTinothyWpm
j:Uaubffib\cp&h pcek\tadaic& nyoro 013 lgr
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Date Received by the Community Development
APPLICATION FOR
CONDOMTNIUI,/UTOWNHOUSE PLAT REVIEW
(Chapter 17.22 Yall Municipal Code)
(please print or type)
A.APPLICANT_Va:LI Hesorrs Devel-oument Compan
MAILING ADDRESS P. o. Box 595 . Avon co 81620
pHONE 845-2658 or 845-2530
B.APPLICANT'S REPRESENTATTVE Gerrv Arnold
ADDRESSSame
c.PROPERTY OWNEH VaiI Resorts Development Company
OWNER'S SIGNATURE 4,k,
MAILING ADDRESS
LOCATION OF PROPOSAL:
Golden Peak Contlominiums
STREET ADDRESS 458 Vail Va11ey Drive
-t#1' olrl.arcell srBDrvrsro",g:11::-:""o tn=1,, R?s' :i1^I."'""ationts L[JL:K_ S U B D I V I S I O Nff 15f rir;___H tlNG _ p-a r c eL_
APPLICATION FEE $1OO.OO PAID&lgg_ CHECK # 1 3 1 b0014DATE 08-01 -92
MATERIALS TO BE SUBMITTED:
Vail- Associates, Inc.
D.
E.
F.
1' Two mylar copies and_one paper copy of the suMivision plat shall be submittedto the Department of community oev-etopment. The ptat shalt Inctude a sitemap with the following requirements:
a' The finar prat shail be drawn by a registered surveyor in India ink, orolher substantial solution, on a reproducible medium (preferably mylar)wlth dimension of twenty-four by thirty-six inches anO inal Oe it aicjteot one hundred feet to one inch or raiger with margins or one and one-half to two inches on the reft and one-hafi inch on ltt otner sides.
b.Accurate dimensions lo the nearest one-hundredth of a foot lor all lines,angles and curves used to describe boundaries, streets, setbacks,
alleys, easemsnts, slructures, areas to be reserved or dedicated lorpublic or common uses and other important features. All curves shall be
circular arcs and shall be defined by the radius, centrat angle, arcscored distances and bearing. All dimensions, both linearlnd angular,
are to. be determined by an accurate contror survey in the field which
must balance and close within a limlt of one in ten thousand.
North arrow and graphic scale.
A syslematic identification of all existing and proposed buildings, units,lots, blocks, and names for all streets.
c.
d.
/*l
e. An identilication of the streets, alleys, parks, and other public areas or
facilities as shown on the plat, and a dedication thersof to ths public
use. An identification of the easemenls as shown on the plat and a
grant thereof to the public use. Areas reserved for luture public
icquisition shallalso be shown on lhe plat '
f. A written survey description of the arsa lncluding the total acreage lo lhe
nearest appropiiate signlficant figure. The acreage of each lot or parcel
shall be shown in this manner as well.
s. A description of all survey monumenls, both found and set, which mark
the boundaries of the subdivision, and a descriptlon ol all monumonts
used in conducting the survey. Monument perimeter per colorado
statutes. Two perimeter monuments shall be established as major
control monuments, the materials which shall be determined by lhe town
engineer.
h. A statement by the land surveyor explaining how bearing base was
determined.
l. A certificate by the reglstered land surveyor as outllned in Chapler 17.32
of this title as to the accuracy of the survey and plat, and that lhe survey
was perlormed by him in accordance with Colorado Flevised Statules
1973, Title 38, Article 51.
J. A certificate by an attorney admitted to practice in the state.of colorado,
or corporale title insurer, that the owner(s) ol record dedlcating to ths
public the public right-of'way, areas or facilities as shown thereon are
the owners thereol in tee simple, frea and clear ol all liens and
encumbrances excePt as noted.
k. The proper lorm for filing ol the plat with the Eagle Gounty Clerk and
Recorder.
l. Certificate of dedication and ownership. Should the certificate ol
dedication and ownership provide for a dedication ol land or
improvements to the public, all beneliciaries of deeds of trust and
mortgage holders on said real property will be required to sign the
certificale ol dedication and ownership in addition to the fee simple
owner thereol.
m. All current taxes must be paid prior to the Town's approval of plat' This
includes taxes which have been billed but are not yet due. The
certilicate ol taxes paid must be signed on the plat or a statement from
the Eagle County Assessor's Otfice must be provided with the submltlal
information stating that all ta(es have been paid.
n. Signature of owner.
The condominium or townhouse plat shall also include floor plans, elevations
and cross-sections as necessary to accurately determine individual alr spaces
and/or other ownerships and if the proiect was built substantially lhe same as
the approved Plans.
A copy of lhe condominium documents for Staff review lo assure that there are
maintenance provisions included for all commonly owned areas.
APPROVAL PROCESS, REVIEW CRITERIA
Upon receiving two copies of a complete submlttal along with payment of the
appropriate fee, the zoning administrator shall route one copy of the site map to the
tdwn ingineer for his review. The zoning administrator shall then conduct lhis review
concurrently. The town engineer shall review the submittal and return comments and
2.
a
G,
r
,
H.
notlflcallons lo the zoning admlnistrator who shall transmit the approval, dlsapproval or
approvalwlth modifications of the plat within fourteen days to the appllcant, fhe
zoning administrator shall slgn the plat lf approved or requlre modificailons on the plat
for.approval or deny approval due to inconsistencles with the originally approved pian
or lallure to make other required modificatlons ol the plat.
FILING AND RECORDING
The zoning administrator shall be the flnat signature required on ihe plat so that lhe
Department of Community Development will be responsible tor promiily recordlng the
approved plat with lhe Eagla County Clerk and Recorder. Fees for recilrOtng sha-ll bepaid by ths appllcant. The Community Developm€nt Dspartment wlll retaln 6ne mylar
copy ol lhe plat for lheir records and wlll record the remalning mylar copy.
lf lhls appllcation requires a separats review by any local, slate or Federal agency
other than the Town of Vall, the applicailon ted snitt be Increased by $2oo.oo.Examples ol such review, may lnclude, but are not limlted to: colorado Department of
Highway Access Permits, Army Corps of Englneers 404, etc.
The appllcant shall be responsible for paying any publishlng lees whlch are In sxcess
ot 50% of the application fes. tf, at thi appticani'i request]any matter ls postponed for
hearing, causing the matter to be re-published, then tlie entire tee tor such re-publication shall be paid by the applicant.
Applicallons. deemed by the Community Development Department to havs slgnlficantdeslgn, land uso or other lssues whlch may have a slgnlficant lmpact on the
community may require review by consultants other than town stifl. should a
determinallon be made by ths town staff that an outslde consuttant ls needed to review
any applicalion, the community Development Department may hire an outsUe
consultant, lt shall estimate the amount of money neaessary t6 pay hlm or her and thls
amount shall be fonvarded to the Town by the aipplicant at the imb tre files hls
applicafion with the communily Development Deiartmenl. upgn qomplotlon of tha
review ol the application by the consullant, any of the funds tbrwarded by the applicantfor payment ol lhe consultant which have not been pald to the consulani shall ii
retumed to the applicant. Expenses incurred by thd Town in excess ol the amountforwardedby the apptication shail be patd to thi Town by the applicant withtn 30 daysof notification by the Town.
Tcrhlt-t CIF tJtr|fL
l'li sce I I areous Cash
fi[{-lt-?l 1f,:':lft:45
Flr'r* i. p t. *';::':rt:l? 1.
F,:,:'-rr-rnt S t:l': S 1:i1lSE1t+
l rFr I L Hi!:'r:rr:: I *TF-i I t'11:j" si-lFitr I i.l
Erri*r-ri-r t t.pflj,.:.re,j .: ltli$, Bt
It'en Paid Fimor'rrrt' Paid
i.1 1 $$lJr14 1 :iir-1riJt:1F-r 1- tiB . t:t$
l:l-rirn,.lE !"f, t.r-!rne'j .r '-i " lli:l
.I-HFT.I}{ VEU
Y;,,-iI r:.:s!-rt er FlEFt l"!tt'l
Vail Assooiates, Inc.
Seningthe
WorldClott
HAND DELIVERED
August 8, L997
Town of VaiL Community Development
Attn: Ms, Lauren Waterton
75 South Frontage RoadVai1, CO 81557
Re: Golden Peak Condominiums Map
Dear Irauren:
By this letter and attachments hereto, we are submitting for
condominium map approval for the Go1den Peak Condominiums.
Attached to this fetter is an application, application fee in
the amount of $100, draft copy of the condomj-nium documents
and two bLue line copies of the map. After I have received
commenEs from you on the application, I will provide you with
two mylars of the map with corrections, if any, the executed
and ready for recording declaration and recording fees.
If you have any questions or would like additional
information, please call me at 845-2658.
q"-"1 ,(-
cc: David Corbin w/o attachments
t,
Sincerely,
PO Box 7. Vail, Colorado. 81658. phone 970 476 5601
ARTICLES OF INCORPORATION
OF
GOLDEN PEAK CONDOMINITJM ASSOCIATION.^"9!!:!
The undersigned hereby signs and acknowledges, for delivery in duplicate to the
Secretary of State of Colorado, these Articles of Incorporation (these "Articles") for the purpose
of forming a nonprofit corporation under the Colorado Nonprofit Corporation Act (the 'Act')
in conformance with the Colorado Common Interest Ownership Act ("CCIOA").
I. NAME
The name of the corporation is Golden Peak Condominium Association, Inc. (the
"Association").
II. DTJRATION
The period of duration of the Association will be perpetual.
III. PURPOSES
The Association is organized to be and constitutes the Association to which the
Golden Peak Condominium Declaration (the "Declaration") refers. The Declaration is or will
be recorded in the real property records of Eagle County, Colorado. All initially capitalized
terms used in these Articles have the same meanings as used in the Declaration, unless otherwise
defined in these Articles.
IV. POWERS
The Association has all of the powers which a nonprofit corporation may exercise
under the Act. CCIOA and the laws of the State of Colorado in effect from time to time.
V. REGISTERED OFFICE AND AGENT
The initial registered office of the Association is at
. The initial registered agent of the Association at
the registered office is
Itzr.a RMS ot^r'/', 8:55 r'r
VI. BOARD OF DIRECTORS
The affairs of the Association will be managed by a Board of Directors. The
duties, qualifications, number and term of directors and the manner of their election,
appointment and removal will be as set forth in the Bylaws.
There are three members of the Board of Directors. The names and addresses
of the persons who serve as the initial directors are:
Name Address
VII. MEMBERS
Each Person, or if more than one, all Persons collectively, constituting the Owner
of a Unit is a member of the Association. Each membership is appurtenant to the fee simple
title to a Unit. 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 the 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 transfened, 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. Following a termination of the Condominium Project, the
Association will consist of all Owners entitled to share in the distribution of proceeds of a sale
of the Property. The Association will have no more than two classes of members, as provided
for in the Bylaws. In matters coming before the Association for which a vote of the Owners is
required, each member has a percentage of the votes in the Association equal to the Common
Allocation allocated to each Unit owned by the member, except that the Association itself is not
entitled to any votes for any Unit it owns.
VIII. PROXY VOTING
A member may vote in person, as provided in the Bylaws, and may be authorized
in the Bylaws to vote by proxy on any matters on which the member is entitled to vo!e.
I372t4.4 RMS 0t/07M t:56 .ft
^
IX. CUMULATIVE VOTING
Cumulative voting by members in the election of directors is not permitted.
X. BYLAWS
The Board of Directors has the power to make and alter Bylaws, not inconsistent
with these Articles. the laws of the State of Colorado or the Declaration, for the administration
and regulation of the affairs of the Association. The Board of Directors may alter, amend or
repeal the Bylaws or adopt new Bylaws, subject to the provisions of the Bylaws.
XI. AMENDMENT OF ARTICLES
The Association may amend these Articles of Incorporation from time to time in
accordance with the Act by vote of the members, but only so long as these Anicles as amended
contain provisions that are lawful under the Act and are not contrary to or inconsistent with any
provision of the Declaration. Notwithstanding the previous sentence, the Board of Directors
may change the Association's registered office and the Association's registered agent.
XII. DISSOLUTION
In the event of dissolution of the Association, the sale of the Property and the
distribution of the proceeds from the sale will conform with the provisions of CCIOA and the
Declaration, and the proceeds of the sale of the Association's'other assets will, after making the
distributions set forth in subsection 7-26-lo3(l)(a)-(c) of the Act, be divided among the Owners
in proportion to the Common Allocation of the Unit or Units owned by each Owner.
XIII. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. Indemnification. The Association will indemnify, to the maximum extent
permitted by law, any person who is or was a director or officer of the Association, and may
indemnify any other person, against any claim, liabilily or expense arising against or incurred
by the person made party to a proceeding because he or she is or was a director, officer, agent,
fiduciary or employee of the Association or because he or she is or was serving another entity
as a director, officer, partner, trustee, employee, fiduciary or agent at the Association's request.
The Association further may, to the maximum extent permitted by law, to purchase and maintain
insurance providing such indemnification, advance expenses to persons indemnified by the
Association, and provide indemnification to any person by general or specific action of the board
of directors, the bylaws of the Association, contract or otherwise. The Association may obtain
and maintain directors' and officers' insurance and such other insurance as deemed appropriate
bv the board of directors from time to time.
13728a.4 IMS 08/(r/9 8:56 am -3-
B. Limitation on Director's Liability. No director of the Association has any
personal liability to the Association or its members for monetary damages for breach of his
fiduciary duty as a director, except that this provision does not eliminate or limit the personal
liability of a director to the Association or to its members for monetary damages for: (i) any
brcach of the director's duty of loyalty to the Association or its members; (ii) acts or omissions
not in good faith or which involve intentional misconduct or a knowing violation of law:
(iii) assenting to or participating in making a loan to any director or officer of the Association;
or (iv) any transaction from which the director directly or indirectly derives an improper
personal benefit. Nothing contained in this Article XIII will be construed to deprive any director
of his or her right to all defenses ordinarily available to a director nor will anythlng herein be
construed to deprive any director of any right he or she may have for contribution from any
other director or other person.
XIV. INCORPORATOR
The Incorporator's name and address is:
Name Address
IN WITNESS WHEREOF.
,1996.
these Articles of Incorporation are executed on
oa-.<,.A'
IA'L
--
Incorporator
1372tr.4 IMS Gfi/9 t:56 rm 4-
TE OF COLORADO
COUNTY OF
)
) ss.
)
instrument was acknowledged before me this _ day of
Witrpss my hand and official seal.
My commission expires:
Notary Public
forcgoing
, lgg_, by
r RMS o0w/gl &56 rm -5-
ry,
BYLAWS
OF
GOLDEN PEAK CONDOMINIUM ASSOCIATION, INC.
1372E2,7 RMS 08/07/9 2:01 Dm
BYLAWS
OF
GOLDEN PEAK CONDOMINIUMS ASSOCIATION, INC.
Table of Contents
Page
ARTICLEI GENERAL I
Purpose of Bylaws
Terms Defined in the Declaration
Controlling Laws and Instruments
ARTICLE II OFFICES
Principal Office
Registered Offrce and Agent .
ARTICLE III MEMBERS AND VOTING RIGHTS
General
Authorized Representative
Transfer of Memberships on Association Books
ARTICLE IV MEETINGS OF MEMBERS . . .
1.1
t.2
1.3
2.1
2.2
3.1
3.2
J.J
I
I
I
1
I
1
Place of Members' Meetings
Annual Meetings of Members
Special Meetings of Members
Record Date .
Notice of Members' Meetings
Proxies
Quorum at Members' Meeting
Adjournments of Members' Meetings
Vote Required at Members' Meeting
Officers of Meetings
Expenses of Meetings
Waiver of Notice
Action of Members Without a Meeting
ARTICLE V BOARD OF DIRECTORS
General Powers and Duties of Board
Special Powers and Duties of Board of Directors
Number, Qualification, Appointment, Election and Term of
Directors
Classes of Directors.
Removal of Directors
Resignation of Directors
Vacancies in Directors
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.tl
4.t2
4.t3
2
2
)
3
3
J
J
4
5
5
6
4
4
4
4
)
)
J
5
5
5
5.1
5.2
5.3
5.4
).)
5.6
5.7
5.8
1372@,7 RMS 06,itn 2:0t pm
6
6
1
7
7
7Executive Committee
-t-
5.9
5.10
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
PAGE
General Provisions Applicable to Committees
Manager or Managing Agent .
Place of Directors' Meetings
Annual Meeting of Directors
Special Meetings of Directors
Notice of Directors' Meetings
Proxies
Quorum of Directors
Adjournment of Director's Meetings
Vote Required at Directors' Meeting
Waiver of Notice
Action of Directors Without a Meeting
Amendment of Bylaws 11
Compensation of Officers, Directors and Members 11BooksandRecords ...... 11
Biennial Corporate Reports
Fiscal Year
Annual Financial Statements
Seal . .
Shares of Stock and Dividends Prohibited
Loans to Directors and Officers Prohibited
Minutes and Presumptions Thereunder . .
Checks, Drafu and Documents
7
8
ARTICLE VI MEETINGS OF DIRECTORS .8
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8
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ARTICLE VII OFFICERS
Officers, Employees and Agents
Appointment and Term of Office of Officers
Removal of Officers
Resignation of Officers
Vacancies in Officers
President
Vice President
Secretary
Treasurer
7,1
7.2
7.3
7.4
t.)
7.6
7.7
7.8
7.9
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ARTICLEVIIIMISCELI-ANEOUS. ...... 11
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.1I
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BYLAWS
OF
GOLDEN PEAK COIYDOMINITJM ASSOCIATION. INC.
ARTICLE I
GENERAL
1.1 Puroose of Bylaws. These Bylaws are adopted for the regulation and
management of the affairs of Golden Peak Condominium Association, Inc. (the "Association").
The Association is organized as a Colorado nonprofit corporation under the Colorado Nonprofit
Corporation Act in conformance with the Colorado Common Interest Ownership Act, and it is
the Association under the Golden Peak Condominium Declaration (the "Declaration"). The
Declaration relates to the real property in Eagle County, Colorado, which is or may become
subject to the Declaration (the "Property").
1,2 Terms Defined in the Declaration. Initially capitalized terms used but
not defined in these Bylaws are defined in the Declaration and have the same definition as in the
Declaration.
1.3 Controlling Laws and Instruments. These Bylaws are controlled by and
will always be consistent with the provisions of the Colorado Nonprofit Corporation Act, the
Colorado Common Interest Ownership Act, the Declaration and the Articles of Incorporation of
the Association filed with the Secretary of State of Colorado,'as any of them are amended from
time to time.
ARTICLE II
OITICES
2.1 hincioal Office. The Board of Directorc, in its discretion, may fix and
may change the location of the principal office of the Association from time to time.
2.2 Registered Office and Agent. The Board of Directors may change the
Association's initial registered office and initial registered agent specified in the Articles of
Incorporation at any time by filing a statement as specified by law in the Office of the Secretary
of State of Colorado.
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ARTICLE III
MEMBERS AND VOTING RIGHTS
General.
(a) By this reference, these Bylaws incorporate the membership and
voting rights provisions of the Declaration. Each Person, or if more than one, all Persons
collectively, constituting the Owner of a Unit is a member of the Association (a "Member").
For the purpose of determining membership in the Association ("Membership"), there is only
one Owner for each Unit. When an Owner consists of more than one Person, all such Persons
collectively constitute one Member. Each Membership is appurtenant to the fee simple title to
a Unit. The Owner of fee simple title to a Unit is automatically the holder of the Membership
appurtenant to the Unit, and the Membership automatically passes with fee simple title to the
Unit. In matters coming before the Association for which a vote of the Members is required,
each Member has a percentage of votes in the Association equal to the Common Allocation
allocated to each Unit owned by the Member, except that the Association itself has no vote for
any Unit it owns.
(b) For purposes of electing the "Residential Director" and the
"Commercial Directors" (as those terms are defined in Section 5.4) only, the Membership is
divided into fwo separate classes. The class of "Residential Members" is comprised of all
Members owning Residential Units, and the class of "Commercial Members" is comprised of
all Members owning Commercial Units. For the purpose of electing the Residential Director,
each Residential Member has a percentage of votes equal to the Common Allocation of each
Residential Unit owned by the Residential Member divided by the total Common Allocations of
all Residential Units. For the purpose of electing the Commercial Directors, each Commercial
Member has a percentage of votes equal to the Common Allocation of each Commercial Unit
owned by the Commercial Member divided by the total Common Allocations of all Commercial
Units.
3.2 Authorized Representative.
(a) Any Owner who is either (a) two or more Persons, or (b) one
Person that is not a natural person (i"e.,., an estate or a trust, corporation, partnership, limited
liability company or other entity), will appoint an Authorized Representative and may vote only
through its Authorized Representative. Any Owner who is one natural person may appoint a
natural person as a proxy, attorney-in-fact and authorized representative to vote on behalfofthe
Owner in matters coming before the Members of the Association (an "Authorized
Representative").
(b) Any Owner required to appoint an Authorized Representative will
do so immediately upon becoming an Owner. Any Owner who is required or elects to appoint
an Authorized Representative will notify the Association of its Authorized Representative or any
subsequent replacement for its Authorized Representative within l0 days after appointment. The
notice will (i) be signed by all Persons constituting the Owner, (ii) be dated, and (iii) contain
3.1
l!72t2.7 RMS o&Otr'g-r 2:01 Dm a-L'
a statement that the natural person named as the Authorized Representative in the notice will
remain the Authorized Representative of that Owner until a subsequent notice is given to the
Association (A) appointing a replacement Authorized Representative or (B) terminating the
appointment of the Authorized Representative in the case of an Authorized Representative
appointed by an Owner who is one natural person. The notice will have the effect of a proxy
given by all Persons collstituting that Owner to the Authorized Representative named in the
notice for all purposes under the Declaration, these Bylaws, the Act and the Colorado Nonprofit
Corporation Act. The appointment of an Authorized Representative is binding upon all Persons
comprising the appointing Owner and the vote of the Authorized Representative is conclusive
as to the Association, unless and until the Association receives (A) a notice appointing a
replacement Authorized Representative or (B) in the case of an Authorized Representative
appointed by an Owner who is one natural person, a notice terminating the appointment of the
Authorized Representative. Upon receiving any notice appointing an Authorized Representative,
the Association may request additional evidence of authority that it reasonably deems necessary
to verify the due appointment of the named Authorized Representative. If an Owner who is
required or elects to appoint an Authorized Representative owns more than one Unit, the Owner
may appoint (1) one natural person to serve as Authorized Representative for all of its Units;
or (2) a different natural person to serve as Authorized Representative for each of its Units or
any number of its Units.
(c) Unless the context clearly indicates otherwise, the term "Member"
as used in these Bylaws means a Member or its Authorized Representative.
3.3 Transfer of Membershins on Association Books. Transfers of
Memberships will be made on the Association's books only upon presentation of evidence,
satisfactory to the Board of Directors, of the transfer of ownership of the Unit to which the
Membership is appurtenant. Prior to presentation of the evidence, the Association may treat the
previous owner of the Membership as being entitled to all rights in connection with the
Membership.
ARTICLE TV
MEETINGS OF MEMBERS
4.1 Place of Members' Meetings. Meetings of the Members will be held
at the principal office of the Association or at another place in Eagle County, Colorado specified
in the notice of the meeting.
4.2 Annual Meetings of Members. Annual meetings of the Members will
be held in December of each year beginning in December of 1997 on the day and at the time
of day that the Board of Directors fixes and specifies in the notice of meeting. The annual
meetings will be held to transact the business that properly comes before the meeting.
117282.? nMS 08{)7/(t 2:01 pm
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4.3 Special Meetings of Members. Special meetings of the Members may
be called by the Board of Directors of the Association, the President of the Association, or by
the Members holding not less than20% of the total votes in the Association. No business may
be transacted at a special meeting of the Members except as indicated in the notice of it.
4.4 Record Date. For the purpose of determining the Memberc entitled to
notice of, or to vote at, any meeting of the Members, or for the purpose of determining such
Members for any other proper purpose, the Board of Directors of the Association may fix in
advance a date as the record date for any determination of the Members. The record date may
be not more than 50 days prior to the meeting of the Members or the event requiring a
determination of the Members.
4.5 Notice of Members' Meetings. Wrinen notice of any meeting of the
Members will be delivered not less than 10 nor more than 50 days before the date of the
meeting, either personally or by mail, by or at the direction of the President or the Secretary of
the Association or the officers calling the meeting, to each Member entitled to vote at the
meeting. The notice of any meeting will state the time and place of the meeting and the items
on the agenda, including the general nature of any proposed amendment to the Declaration or
Bylaws, any budget changes and any proposal to remove a member of the Board of Directors.
If mailed, the notice will be deemed to be delivered three business days after it is deposited in
the United States mail, postage prepaid, addressed to the Member at the mailing address for the
Member appearing in the Association's records, or if the Member has not furnished a mailing
address to the Association, then to the mailing address of the Member's Unit.
4.6 hoxies. In addition to the appointment of an Authorized Representative
pursuant to Section 3.2 of these Bylaws, a Member (including an Authorized Representative) that
is entitled to vote may vote in person or by proxy if the proxy is executed in writing by the
Member and filed with the chairman of the meeting prior to the time the proxy is exercised.
A proxy may be revoked by a wriften revocation filed with the chairman of the meeting prior
to the time the proxy is exercised. A proxy automatically ceases upon a change in the ownership
of the Membership on the Association's books. No proxy is valid after 1l months from the date
of its execution unless otherwise provided in the proxy. Any form of proxy furnished or
solicited by the Association will afford an opporunity for the Members to specify on the form
a choice between approval and disapproval of each matter or group of related matters which is
known, at the time the form of proxy or written ballot is prepared, may come before the meeting
and will provide, subject to reasonably specified conditions, that if a Member specifies a choice
with respect to any matter, the vote will be cast in accordance with the Member's choice.
4.7 Ouorum at Members' Meeting. The presence at a meeting of the
Members, in person or by proxy, of Members entitled to cast half (ic-, 50%) of the votes in
the Association that may be cast on a matter that comes before the meeting constitutes a quorum
at any meeting of the Members concerning that matter. The Members present in person or by
proxy at a duly organized meeting may continue to transact business until adjournment,
notwithstanding that some of the Members withdraw, leaving less than a quorum.
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4.8 Adiournments of Members' Meetings. Members present in person or
by proxy at any meeting may adjourn the meeting from time to time, whether or not a quorum
is present in person or by proxy, without notice other than announcement at the meeting for a
total period or periods of not to exceed 60 days after the date set for the original meeting. At
any adjoumed meeting held without notice other than announcement at the meeting, the quorum
requirement may not be reduced or chan-qed, but if the originally required quorum is present in
person or by proxy, any business may be transacted which might have been transacted at the
meeting as originally called.
4.9 Vote Reouired at Members' Meeting. At any meeting of the Members
called and held in accordance with these Bylaws, if a quorum is present, the affirmative vote of
Members entitled to cast a majority (i.e., more than 50%) of the votes, present and voting either
in person or by proxy, which may be cast on a matter are necessary to adopt the matter, unless
a different percentage is required by law, the Declaration, the Articles of Incorporation, or these
Bylaws, in which case the different requirement controls.
4.10 Officers of Meetines. At any meeting of the Members, the President
of the Association will act as chairman.
4.ll Expenses of Meetines. The Association will bear the expenses of all
annual and special meetings of the Members.
4.12 Waiver of Notice. A waiver of notice of any meeting of the Members,
signed by a Member, whether before or after the meeting, is equivalent to giving notice of the
meeting to the Member. Attendance of a Member at a meeting, either in person or by proxy,
constitutes waiver of notice of the meeting except when the Member attends for the express
purpose of objecting to the transaction of business because the meeting is not lawfully called or
convened.
4.13 Action of Members Without a Meeting. Any action required to be
taken or which may be taken at a meeting of the Members may be taken without a meeting if
a written consent setting forth the action taken is signed by all of the Members entitled to vote
on subject matter of the action.
ARTICLE V
BOARD OF DIRECTORS
5.1 General Powers and Duties of Board. The Board of Directors has the
dufy to manage and supervise the affairs of the Association and has all powers necessary or
desirable to permit it to do so. Without limiting the generality of the previous sentence, the
Board of Directors has the power to exercise or cause to be exercised for the Association, all
of the powers, rights and authority of the Association not reserved to the Owners in the
Declaration, the Articles of Incorporation, these Bylaws, the Colorado Nonprofit Corporation
Act, or the Colorado Common Interest Ownership Act. Further, the Board of Directors may
l3r2|2.? RMS 08 t/97 2:01 F -5-
delegate any portion of its authority to an executive committee or an officer, executive manager
or director for the Association.
5,2 Special Powers and Duties of Board of Directors. Without limiting the
general powers and duties set forth in Section 5.1 of these Bylaws, the Board of Directors has
all powers and duties set forth for it in the Declaration, including, without limitation, the specific
powers and duties set forth in Section 6.2 of the Declaration.
5.3 Number. Oualification. Appointment. Election and Term of Directors.
(a) The Board of Directors will consist of three directors. All
directors appointed by Declarant pursuant to this Section 5.3 are called "Appointed Directors,"
and all directors elected by the Members other than Declarant are called "Elected Directors."
(b) From the formation of the Association until 60 days after the date
on which 25% of the Units that may be created pursuant to Section 2.9 of the Declaration have
been conveyed to Owners other than Declarant (the "Phase One Period"), the Board of Directors
will consist of three Appointed Directors.
(c) When the Phase One Period expires, Members other than
Declarant will nominate and elect one director who will serve until the Board of Directors is
elected pursuant to Section 5.3(d) (the "Phase Two Period"). During the Phase Two Period, the
Board will consist of two Appointed Directors and the Elected Director elected pursuant to this
Section 5.3(c).
(d) Not later than the end of the Declarant Control Period, the
Members will elect all three directors in accordance with this-section 5.3(d) (the "Phase Thlee
Election"). The Residential Members will nominate and elect one Residential Director, and the
Commercial Members will nominate and elect two Commercial Directors pursuant to
Section 5.4. At least two of the directors elected at the Phase Three Election will be Members
other than Declarant or designated representatives of Members other than Declarant.
(e) Declarant or its Authorized Representative will appoint each
Appointed Director. Each Appointed Director will serve until the earlier of the appointment or
election and qualification of his or her successor, or his or her death, resignation or removal.
(f) The term of each Elected Director will be one year, except that
the term of an Elected Director who was not elected at an annual meeting of the Members will
run until the next annual meeting of the Members. At each annual meeting of the Members, the
Members will elect the persons who will serve as Elected Directors until the next annual
meeting. Each Elected Director will serve until the earlier of the election and qualification of
his or her successor, or his or her death, resignation or removal.
5.4 Classes of Directors. The "Residential Director" means one director
nominated and elected by the Residential Members only. The "Commercial Directors" means
two directors nominated and elected by the Commercial Members only. Upon the Phase Three
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Election, the Board of Directors will be comprised of two classes of directors, and the class of
the Residential Director and the class of the Commercial Directors will be deemed created.
5.5 Removal of Directors.
(a) At any meeting of the Members called and held in accordance with
these Bylaws at which a quorum is present, any Elected Director may be removed, with or
without cause, by the affirmative vote of Members entitled to cast 67 % of the votes, present and
voting either in person or by proxy, which may be cast in the election of that Elected Director.
For example: (i) during the Phase Two Period the Elected Director may be removed by the
affirmative vote of the Members having 67 % of the votes present and voting either in person
or by proxy; and (ii) after the Phase Three Election a Commercial Director may be removed by
the affirmative vote of the Commercial Members having 67% of the votes of all Commercial
Members present and voting either in person or by proxy.
(b) During the Declarant Controt Period, any Appointed Directors(s)
may be removed from office by Declarant with or without cause at any time and from time to
time and all vacancies of any Appointed Director(s) may be filled by Declarant.
5.6 Resignation of Directors. Any director may resign at any time by giving
written notice to the President, to the Secretary or to the Board of Directors stating the effective
date of his or her resignation. Acceptance of a resignation is not necessary to make the
resignation effective.
5.7 Vacancies in Directors. Any vacancy occurring in the position of an
Elected Director will be filled by appointment of a new Elected Director by the remaining
Elected Directors, or if there are no remaining Elected Directors, by the vote of the Members
at a special meeting of the Members called for that purpose. The term of each Elected Director
appointed or elected pursuant to this Section will run until the next annual meeting of the
Members. Any vacancy occurring in the position of an Appointed Director will be filled by
appoinunent of a new Appointed Director by Declarant or its Authorized Representative, except
as otherwise provided in Section 5.3.
5.8 Executive Committee. The Board of Directors, by resolution adopted
by a majority of the directors in office, may designate and appoint an executive committee
consisting of two or more directors that, unless otherwise provided in the resolution, may
exercise all the authority of the Board of Directors, except as specifically prohibited by the
Colorado Nonprofit Corporation Act. The Residential Director shall always be a member of the
Executive Committee.
5.9 General Provisions Applicable to Committees. The designation and
appointment of any committee and the delegation to it of authority does not relieve the Board
of Directors, or any individual member of the Board of Directors, of any responsibility imposed
upon it, him or her by law. The provisions of these Bylaws with respect to notice of meetings,
waiver of notice, quorums, adjournments, vote required and action by consent applicable to
117282.7 RMS 08r'fl/Y, 2:01 pm 1
meetings of the Bo;, rlf Directors alplicable to meetings of committees of the Board of
Directors.
5.10 Nlanaser or NI:..::tging Agent. The Board of Directors, by resolution
adopted by a majoritr of the directors in office, may designate and appoint a manager or a
managing agent, or h.'th: provided that r consent of the Residential Director shall be required
in order to designlte .r manager or nrr' :ing agent, which consent shall not be unreasonably
withheld or delayed. 'fhe manager or nr:rnaging agent will have and exercise those powers and
will fulfill those duties of the Board oi i)irectors as specified in the resolution. The manager
or managing agent nlrly be Declarant o: rrn affiliate of Declarant.
ARTICLE VI
MEETINGS OF DIRECTORS
6.1 Place of Directors' Meetinss. Meetings of the Board of Directors will
be held at the principli office of the As.,,ciation or at another place in Eagle County, Colorado
specified in the notice of the meeting. i he Board of Directors may participate in a meeting by
means of a conference telephone or r' :er similar communications equipment by which all
directors participatins in the meeting. .. r.i any Members or their representatives attending the
meeting to the extent provided in Section 308 of the Colorado Common Interest Ownership Act,
can hear each other ai the snme time. .>uch participation constitutes the presence in person of
the director at the merting.
6.2 Annual Meeti:; - of Directors. Annual meetings of the Board of
Directors will be held on the same date rs. or within 10 days following, the annual meeting of
the Members. The h'rsiness conducter 'r the annual meeting of the Board of Directors will
consist of the appointn.rent of officers r, the Association and the transaction of other business
that properly comcs -,irr-e the meeting ,...r prior notice of the annual meeting of the Board of
Directors is necessarv il'the meeting is i' 'rcl on the same day and at the same place as the annual
meeting of the Meml',:rs at which the i :rd of Directors is elected or if the time and place of
the annual meeting o i .,)e Board of Dirc rs is announced at the annual meeting of the Owners.
6.3 ipecial Meetir rf Directors. Special meetings of the Board or
Directors may be call-'d by the Preside: 'rr a majority of the directors.
6.4 Notice of Directr-rrs' Meetinss. When notice is required for any meeting
of the Board of Direct,,rs, notice stating 'c place, day and hour of the meeting will be delivered
not less than three ni more than 50 u ; before the date of the meeting, by mail, facsimile,
telephone or petsonr. i. by or at the :cction of the persons calling the meeting, to each
director. If mailed. ' : notice will be t 'red delivered three business days after it is deposited
in the mail addressed the director at 'rr her home or business address as either appears in
the records of the rt :iation, with its iage on prepaid. If by facsimile, the notice will be
deemed delivered ri -l facsimilied tr, : director at his or her home or business facsimile
number as either api' r's on the recorcl the Association. If by telephone, the notice will be
|]72E2.7 RMS (tr^rrlyt :r0l om -8-
deemed delivered when given by telephone to the director or to any person answering the
telephone who sounds competent and maure at his or her home or business phone number as
either appears on the records of the Association. If given personally, the notice will be deemed
delivered upon delivery of a copy of a written notice to, or upon verbally advising, the director
or some person who appears competent and mature at his or her home or business address as
either appears on the records of the Association. Neither the business to be transacted at, nor
the purpose of, any regular or special meeting of the Board of Directors need be specified in the
notice or waiver of such meetins.
6.5 Proxies. A director may not vote by proxy at any meeting of the Board
of Directors.
6.6 Ouorum of Directors. A majority of the number of directors of the
Board of Directors fixed in these Bylaws constitutes a quorum for the transaction of business.
6.7 Adjournment of Director's Meetings. The directors present at any
meeting of the Board of Directors may adjourn the meeting from time to time, whether or not
a quorum is present, for a total period or periods not to exceed 30 days after the date set for the
original meeting. Notice of an adjourned meeting will be given to all directors. At any
adjourned meeting, the quorum requirement will not be reduced or changed, but if the originally
required quorum is present, any business may be transacted which may have been transacted at
the meeting as originally called.
6.8 Vote Required at Directors'Meetins. At any meeting of the Board of
Directors, if a quorum is present, the affirmative vote of a majority (i.e., more than 50%) of
the members of the Board of Directors present is necessary for the adoption of a matter, unless
a greater proportion is required by law, the Declaration, the.Articles of Incorporation or these
Bylaws, in which case the greater requirement controls.
6.9 Waiver of Notice. A waiver of notice of any meeting of the Board of
Directors, signed by a director, whether before or after the meeting, is equivalent to giving
notice of the meeting to the director. Attendance of a director at a meeting in person constitutes
waiver of notice of the meeting, except when the director attends for the express purpose of
objecting to the transaction of business because the meeting is not lawfully called or conveyed.
6.10 Action of Directors Without a Meetine. Any action required to be
taken or which may be taken at a meeting of the Board of Directors may be taken without a
meeting if .all of the directors sign a written consent setting forth the action taken.
7.1
consist of a President,
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ARTICLE VII
OFFICERS
Officers. Employees and Agents. The officers of the Association will
a Vice President, a Secretary, a Treasurer and other officers, assistant
-9-
otficers, employees and agents as the Board of Directors deems necessary. Any two or more
offices may be held by the same person, except the offices of President and Secretary.
7.2 Aopointment and Term of Office of Officers.
(a) Except as otherwise provided in this Section 7 .2, the officers will
be appointed by the Board of Directors at its annual meeting and will hold office, subject to the
pleasure of the Board of Directors, until the next annual meeting of the Board of Directors or
until their successors are appointed, whichever is later, unless the officer resigns, or is removed
earlier. During the Declarant Control Period, Declarant may appoint the officers of the
Association.
7.3 Removal of Officers. Except as otherwise provided in this Section 7.3,
any officer, employee or agent may be removed by the Board of Directors, with or without
cause, whenever in the Board of Directors' judgment the best interests of the Association will
be served by the removal. The removal of an officer, employee or agent will be without
prejudice to the contract rights, if any, of the officer, employee or agent removed. Election or
appointment of an officer, employee or agent does not itself create contract rights. During the
Declarant Control Period. Declarant mav remove the officers of the Association with or without
cause.
7.4 Resignation of Officers. Any officer may resign at any time by giving
written notice to the President, to the Secretary or to the Board of Directors stating the effective
date of his or her resignation. Acceptance of the resignation is not necessary to make the
resignation effective.
7.5 Vacancies in Officers. Except as otherwise provided in this Section 7.5,
any vacancy occurring in any officer's position may be filled by appointment of a new officer
by the Board of Directors. During the Declarant Control Period, any vacancy occurring in any
officer's position may be filled by appointment of a new officer by Declarant. An officer
appointed to fill a vacancy will be appointed for the unexpired term of his or her predecessor
in office.
7.6 President. The President will be the principal executive officer of the
Association and, subject to the control of the Board of Directors, will direct, supervise,
coordinate and have general powers generally attributable to the chief executive officer of a
corporation. The President will preside at all meetings of the Board of Directors and of the
Members.
7.7 Vice President. The Vice President may act in place of the President
in case of his or her death, absence or inability to act, and will perform other duties and have
authority as is from time to time delegated by the Board of Directors or by the President.
7.8 Secretary. The Secretary will be the custodian of the records and the
seal of the Association and will affix the seal to all documents requiring it; will prepare,
execute, certify, and record amendments to the Declaration on behalf of the Association; will
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see that all notices are duly given in accordance with the provisions of these Bylaws and as
required by law and that the books, reports and other documents and records of the Association
are properly kept and filed; will take or cause to be taken and will keep minutes of the meetings
of the Members, of the Board of Directors and of committees of the Board of Directors; will
keep at the principal office of the Association a record of the names and addresses of the
Members and the Authorized Representative($, if any, of each Member; and, in general, will
perform all duties incident to the office of Secretary and other duties as may, from time to time,
be assigned to him or her by the Board of Directors or by the President. The Board of Directors
may appoint one or more Assistant Secretaries who may act in place of the Secretary in case of
his or her death, absence or inability to act.
7.9 Treasurer. The Treasurer will have charge and custody of, and be
responsible for, all funds and securities of the Association in depositories designated by the
Board of Directors; will keep correct and complete financial records and books of account and
records of financial transactions and condition of the Association and will submit reports of them
as the Board of Directors requires from time to time; and, in general, will perform all the duties
incident to the office of Treasurer and other duties as may from time to time be assigned to him
or her by the Board of Directors or by the President. The Board of Directors may appoint one
or more Assistant Treasurers who may act in place of the Treasurer in case of his or her death,
absence or inabilitv to act.
ARTICLE VIII
MISCELLANEOUS
8.1 Amendment of Bylaws. The Board of Directors by unanimous vote may
alter, amend or repeal these Bylaws or adopt new Bylaws. The Bylaws may contain any
provision for the regulation or management of the affairs of the Association not inconsistent with
the Declaration, the Articles of Incorporation, the Colorado Nonprofit Corporation Act, or the
Colorado Common Interest Ownership Act.
8.2 Comoensation of Officers. Directors and Members. No director may
receive any compensation from the Association for serving on the Board of Directors except for
reimbursement of expenses approved by resolution of disinterested directors. Officers, agents
and employees will receive reasonable compensation, if any, approved by the Board of
Directors. Appointment of a person as an officer, agent or employee does not, itself, create any
right to compensation.
8.3 Books and Records. The Association will keep correct and complete
books and records of account and will keep, at its principal office in Colorado, a record of the
names and addresses of its Members and any Authorized Representative, a copy of the current
budget for the Association, and copies of the Declaration, the Rules, the Articles of
Incorporation and these Bylaws. Any Member or a Member's agent or attorney may inspect for
any proper purpose and at any reasonable time all books and records of the Association,
including the Articles of Incorporation and these Bylaws, as amended, and minutes of meetings
l3728l.7 RNls 08 t/r, 2:01 Dm -11-
of the Members and of the Board of Directors. The right of inspection is subject to any Rules
requiring advance notice of inspection, specifying hours and days of the week during which
inspection is permitted, and establishing reasonable fees for any copies made or furnished.
8.4 Biennial Corporate Reports. The Association will file with the
Secretary of State of Colorado biennial corporate reports on the forms prescribed and furnished
by the Secretary of State. The Association will file the reports within the time and containing
the information required by law. The Association will pay the fee for the filing as prescribed
by law.
8.5 Fiscal Year. The Association's fiscal year will begin on January I and
end the succeeding December 3l except that the first fiscal year will begin on the date of
incorporation. The Board of Directors may change the fiscal year without amending these
Bylaws.
8.6 Annual Financial Statements. The Board of Directors will cause to be
prepared annually a report with respect to the financial condition of the Association consisting
of a balance sheet as of the end of the preceding fiscal year and an operating (income) statement
for the fiscal year. If the annual report is not audited by an independent certified public
accountant, it will be accompanied by the cenificate of an officer of the Association certifying
that it was prepared from the books and records of the Association without independent audit
or review. A copy of the annual report will be distributed to each Member within 120 days after
the close of each fiscal year. If the annual report is unaudited, any Owner or Security Holder
may, at its expense, cause the report to be audited by an independent certified public accountant.
8.7 Seal. The Board of Directors may adopt a seal on which is inscribed the
name of the Association and the words "SEAL" and "COLORADO."
8.8 Shares of Stock and Dividends Prohibited.
(a) The Association may not have or issue shares of stock, and may
not pay any dividend or disuibute any part of the Association's income or profit to its Members,
Board of Directors or officers.
(b) Notwithstanding Section 8.8(a), the Association may issue
certificates evidencing membership, may confer benefits upon its Members conforming with its
purposes, and, upon dissolution or final liquidation, may make distributions as permitted by law.
No such payment, benefit or distribution will be deemed to be a dividend or distribution of
income or profit.
8.9 Loans to Directors and Officers Prohibited. The Association may not
make any loan to any director or officer, and any director or officer who assents to or
participates in making any such loan is liable to the Association for the amount of the loan until
it is repaid.
lln82.7 RMS 0t/0?/9 2:01 Fn -t2-
E. f0 Minutes and Presumotions Thereunder. Minrtes or any similar records
of tbe meetings of the Members or the Board of Directors, when sigrrd by the Secreary or
acting Secreary of the meeting, are prcsumed to tnrthfully eviderre the matters set forth in the
minutes or records. A recitation in any such minutes that notice of the meeting was properly
given is prima facie evidence that the notice was given.
8.11 Checks. Drafts and Documents. All checks, drafts or other orders for
payment ofmoney, notes or other evidences of indebtedness, issued in the narne ofor payable
to the Association, will be signed or endorsed by such person or persorui, and in such manrpr
as the Board of Directors deterrrines by resolution from time to time.
lYt2[4.7 RMSo!
''/t
2r0l prt -13-
.a, l,
After rccording, please ren;lrn to;
Otten, Johnson, Robinson,
Neff& Ragonetti, P.C.
950 17th Sueet, Suite 16OO
Denver, Colorado 80202
Attn: R. Michael Shomo, Esq.
r99
9aarr/.e7
GOLDEN PEAK CONDOMINIT'M
DECLARATION
lrc.t tMS EOAt ti6 Fr
TABLE OF CONTENTS
Page
ARTICLE I Definitions and Exhibits1.1 Definitions1.2 Exhibits
ARTICLE 2 Crcation of the Condominium Project; Units and Allocations . . . . . 82.1 Creation ....82.2 Name. .....82.3 DivisionofProperty .......92.4 DesignationofBoundaries ... .....9(a) Horizontal Boundaries.
O) Vertical Boundaries.(c) StructuralElements.(d) Utility/ServiceElements.(e) Unit Mechanical Rooms.(f) Improvements in Unit.(g) Penetrations.
Unit Subdivisions, Connections and Boundary Changes
Limited Common Elements(a) Deck Areas(b) Parking Spaces(c) Storage Spaces(d) Limited Common Hallways(e) Skylights.(f) Doors and Windows.
2.7 Allocations(a) Ownership of Common Elements(b) Liability for Common Experues(c) Votes in the Association .(d) Reallocation of Limited Common Elements
2.8 Reservation of Special Declarant Rights(a) Improvements ...
O) Boundary Relocation(c) Reallocation of Parking or Storage Spaces(d) Marketing(e) Easements
(0 Appoint Board and Officers(g) Amend Declaration
2.9 Number of Units.
ARTICLE 3 Easements
3.1 General Common Elements(a) General Pedestrian Access
2.5
2.6
1
I
8
10
10
9
9
9
9
9
l0
l0
l4
t4
14
t4
10
10
10
l1
l1
11
l1
l1
11
l1ll
l2
l2
t2
13
13
13
l3
13
13
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(b) Driveway Access
-i-
3.2
J.J
3.4
3.5
3.6
3.8
3.9
3.10
Limited Common Elements
Paee
t4
l4
l5
l5
l5
15
16
16
16
l6
l6
t6
T7
t7
t7
17
t7
17
t7
t7
18
l8
18
18
level 2 Pedestrian Access
Easements Benefiting Association
Easements Benefiting Declarant
Easements for Encroachments
Easements to Repair, Maintain,Restore and Reconstruct
Easements for Utilities and Mechanical Equipment
Easements Run with land
Regulation by Association
ARTICLE 4 Covenants, Conditions and Restrictions
Administration . . .
Compliance
Residential Units. .(a) Permitted Uses.(b) Prohibited Uses. .
Commercial Units. .
(a) Permitted Uses.(b) Prohibited Uses.
Association's Units.
Parking and Vehicles
Prohibited Uses Generallv . . .(a) Insurance Risks .
(b) Overloading(c) Nuisance(d) Violation of Law(e) Existing Covenants
Manner of Use(a) Pets . .(b) l-eases(c) Signs .
(d) Refuse Removal(e) Obstruction of Common Elements
Rules .
Indemnity
Provisions Run with Land .
Enforcement
5.2
l3am.t RMS Wl'/9 3:36 Pt|l
4.r
4.2
4.3
4.4
4.5
4.6
4.7
4.8
18
18
2L
2l
t9
19
19
19
19
19
20
20
20
20
2l
))
22
23
23
4.9
4.10
4.tl
4.r2
ARTICLE 5 Operation, Maintenance and Repair
5.1 Association's Duties .(a) Maintenance of Common Elements
(b) Central Mechanical Equipment
(c) Election to Perform Owners' Duties .
Owners'Duties .(a) Units and Certain Limited Common Elements
-ll-
Paee
23
5.3
5.4
O) Damage Caused by Owners
Maintenance Standard
Management Contracts and Contracts with Declarant
23
23
ARTICLE 6 The Association and Board . 24
Formation of the Association; Membership
Powers
Bylaws
Rrrrloef
(a) Preparation of Budget(b) Ratification of Budget
ARTICLE 7 Assessments . .
7.1 General Assessments
(a) Budget and Payment(b) Adjustment(c) Reconciliation . .
(d) Material Increase
Special Assessments(a) Limited Benefit Expenses(b) Reimbursable Expenses(c) Restoration Deficit(d) Voluntary Capital Expenses
Working Capital Fund .
Payment of Assessments; Notice and Acceleration . .
Enforcement of Assessments . . .
(a) Suit . .(b) Lien and Foreclosure
Reallocation
Disputes and Records
Owners not Exempt from Liability
ARTICLE 8 Alterations
8.1 Permitted Unit Alterations
Boundary Relocation
Connection of Adjoining Units .
Unit Disconnection
Permitted Deck Enclosures
Hallwav Refurbishment
Construction
Alteration of Common Elements
8.9 Alterations by Declarant
6.1
6.2
6.3
6.4
24
24
25
26
26
26
32
32
32
34
35
35
36
36
37
38
27
27
27
27
27
28
28
28
28
29
29
29
30
3l
3t
3l
3l
3L
32
7.2
7.3
7.4
7.5
7.6
7.7
7.8
8.2
8.3
8.4
8.5
8.6
8.7
8.8
ARTICLE 9 Insurance 38
389.1 Association'slnsurance
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Pase
38(a) Property Insurance
O) Liability Insurance(c) Worker's Compensation and Employer's Liability
(d) Automobile Insurance
(e) Directors' and Officers' Insurance
(f) Fidelity Insurance(g) Other Insurance
(h) Licensed Insurers
9.2 Owners' Insurance
(a) Property Insurance(b) Liability Insurance(c) Other Insurance(d) Assignment of Proceeds
Certificates of Insurance; Notices of Unavailability
Waiver of Claims
Proceeds
39
39
39
40
40
40
40
40
40
4L
4l
4L
4I
41
42
42
42
434444
45
45
45
45
46
46
46
46
47
47
4E
48
48
48
48
48
48
ARTICLE l0 Casualty
10. I Restoration Decision
10.2 Disposition of Insurance Proceeds
10.3 Manner of Restoration
(a) Plans .(b) Requirements(c) Coordination by Association . .
10.4 No Abatement
ARTICLE ll Condemnation
Taking of Condominiums
Taking of Common Elements
9.3
9.4
9.5
ll.1
tt.2
ARTICLE 12 Termination . . .
l2.L TerminationAgreement
12.2 Sale of Condominium Project
12.3 Proceeds
ARTICLE 13 Amendment . . .
13.1 Required Votes .
L3.2 AmendingDocuments
(a) Approved Writing
O) Certificate by Association . . .
(c) Recording
13.3 Presumption of Validity
ARTICLE 14 Owner's Acknowledgments and Waivers
l4.l Owner's Acknowledgments . . .
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Page
48
14.2
14.3
14.4
ARTICLE 15
15.1
15.2
15.3
L5.4
(a) Mountain Activities(b) Construction Activities(c) Commercial Activities(d) Waiver and Release
Lift Tickets and Other Fees . .
Private Club.
Disclaimer
Conveyancing and Encumbrancing
Units
Common Elements
Transferee Liability
(a) General
(b) First Mortgage Foreclosure(c) Reallocation.
Estoppel Certificates.
49
49
50
50
50
s0
5l
5l
5l
5l
51
51
52
52
ARTICLE 16 General Provisions
16.1 The Act; Severability
L6.2 Interpretationof Declaration
16.3 Notices
L6.4 Alternative DisputeResolution(a) General.(h) Choice of Procedure\vtfc) Mediation.\Y'(d) Arbitration Agreement.(e) AAA Arbitration.(f) Mediators and Arbitrators.(g) Costs of Arbitration.
Partition
Assignment of Special Declarant Rights
Taxation of Units
16.5
16.6
t6.7
52
52
53
53
53
53
53
54
54
54
55
f,)
56
56
56
Exhibit A LEGAL DESCRIPTION OF THE PROPERTY . . . . AI
EXhibitBCOMMONALLOCATIONS.. 81
Exhibit C ALLOCATION OF PARKING SPACES AND STORAGE SPACES
Exhibit D LEGAL DESCRIPTION OF THE DRIVEWAY EASEMENT
c1
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DI
GOLDEN PEAK CONDOMINII.JM DECLARATION
THIS GOLDEN PEAK CONDOMINIUM DECLARATION (this "Declaration")
is made as of _, 199_, by VAIL RESORTS DEVELOPMENT COMPANY, a
Colorado corporation ("Declarant').
RECITALS
This Declaration is made with respect to the following facts:
A. Declarant is the owner of the "Property" (as defined in Section 1.1 below).
B. In accordance with the provisions of the Colorado Common Interest
Ownership Act, Declarant desires to create on the Properfy 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 1
Definitions and Exhibits'
1.1 Definitions. The following initially-capitalized, defined terms will have
the respective meanings set forth below:
rraAArr is defined in Section 16.4(e).
"AAA Notice" is defined in Section 16.4(e).
"Act" means the Colorado Common Interest Ownership Act, C.R.S.
$ 38-33.3-101 et seg.
"Alteration'f is defined in Section 8.7.
"Arbitration Agreement" is defined in Section 16.4(d).
"Arbitration Agreement Period" is defined in Section 16.4(d).
"Assessment Dispute" is defined in Section L6.4(a).
l3.l@.1 RMS (! r,/9 !:16 pn
"Assessments" is defined in Section 7.4.
"Association" means Golden Peak Condominium Association, Inc.. a
Colorado nonprofit corporation.
"Board" means the Board of Directors of the Association.
"Boundary Relocation" means: (a) with respect to the Residential Units,
(i) the combination of two or more adjoining Residential Units, or (iD the subdivision of
a single Residential Unit into two or more Residential Units; and (b) with respect to the
Commercial Units, (i) the combination of two or more adjoining Commercial Units,
which combination may, but need not, include the addition, elimination or change of the
Limited Common Hallway located on the same Level as those Commercial Units, (ii) the
alteration of the boundaries between two or more adjoining Commercial Units, which
alteration may, but need not, include the addition, elimination or change of the Limited
Common Hallway located on the same kvel as those Commercial Units; or (iii) the
subdivision of a single Commercial Unit into two or more Commercial Units, which
subdivision may, but need not, include the creation of a Limited Common Hallway on
the same kvel as those Commercial Units that provides access to both those Commercial
Units (unless the Limited Common Hallway exists prior to the subdivision).
"Building" means the four-story multi-family and commercial building
known as The Golden Peak Condominiums, located at 485 Vail Valley Drive in Vail,
Colorado and constituting a part of the Property.
"Bylaws" means the Articles of Incorporation and the Bylaws of the
Association.
"Casualty" is defined in Section 10.1.
"Central Mechanical Equipment" means all plumbing, electrical and
mechanical equipment in the Building that is designed to provide; (a) domestic hot and
cold running water to all Units and certain Common Elements; (b) heating and air
handling for the Commercial Units and certain interior Common Elements (such as, for
example, the Limited Common Hallways). The Central Mechanical Equipment
constitutes a part of the General Common Elements.
"Claims" is defined in Section 4.10.
"Comnercial Activities" is defined in Section 14.l(c).
"Commercial Unit" means the Units initially designated Cl through C5
in this Declaration and on the Map. Each Commercial Unit is designated for commercial
purposes pursuant to Article 4.
li.rl{)l-8 RMS 0Mt/97 3:16 pm .)
"Common Allocation" means with respect to each Unit, the percentage
allocated to the Unit as set forth on Exhibi!_E. The Common Allocation for each Unit
has been determined by dividing the Measured Area of the Unit by the total Measured
Area of all Units.
"Common Alteration" is defined in Section 8.8(b).
"Common Element Taking" is defined in Section 11.2.
"Common Elements" means all portions of and areas within the
Condominium Project, including land and air space, which 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."
"Common Expenses" means, except for those costs and expenses
expressly excluded below, all costs, expenses and financial liabilities incurred by the
Association pusuant to this Declaration or the Bylaws includin-s, without limitation: all
costs of operating, managing, administering, securing, protecting, insuring, heating,
cooling, ventilating, lighting, decorating, cleaning, maintaining, repairing, renewing,
replacing or restoring (to the extent not covered by insurance or condemnationproceeds),
and providing water, sewer, waste disposal, electricity, natural gas and other energy and
utilities to, the Common Elements (including, without limitation, the Central Mechanical
Equipment) and the Association's personal property and equipment located in, or used
in connection with the operation or maintenance of, the Common Elements; taxes on any
property owned by the Association; and funding of working capital and reasonable
reserves for Common Expenses. Except to the 'extent provided in Sections 7.6
and 15.3(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
Section 38-33.3-103(9) of the Act, created by this Declaration and consisting of the
Property.
"Construction Activities" is defined in Section 14.1(b).
"Deck Area" is defined in Section 2.6(a).
"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 75% of the
l3al02.8 RMS 00/07fi 3:!6 om -3-
total number of Units that may be created pursuili)r ',' Scction 2.9 have been conveyed
to Owners other than Declarant; (ii) two years aiter the last conveyance of a Unit by
Declarant in the ordinary course ofbusiness; (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 Control Period pursuant to a
Recorded statement of termination executed by Declarant. If Declarant terminates the
Period of Declarant Control 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 or the Board, as described
in the Recorded statement of termination, be approved by Declarant before they become
effective.
"Declarant Sales Period" means the period beginning on the date this
Declaration is Recorded and ending on the first to occur of (i) the date on which all of
the Units have been conveyed to Owners other than Declarant; or (ii) the 10th
anniversary of the date on which this Declaration was Recorded.
"Delinquency Costs" is defined in Section 7.4.
"Dispute Notice" is defined in Section 16.4(a).
"Disputing Parties" is defined in Section 16.4(a).
"Driveway Easement" is defined in Section 3.1(b).
"Easements" means all easements which burden or benefit the
Condominium Project or a portion of it, including (a) easements established or granted
under this Declaration, (b) easements which first burdened or benefited the Property
before the Recording of this Declaration, and (c) easements which first burden or benefit
the Property after this Declaration is Recorded.
"Exterior Parking Spaces" means the two exterior parking spaces located
in the courtyard adjacent to the entrance to the Garage at the north side of the Building.
"First Mortgage" means a bona ticte nrortgage or deed of trust which is
Recorded and which is a first lien on the Unit or Units described in it.
"First Mortgagee" means the holder, from time to time, of a First
Mortgage on any Unit or Units as shown by the Records, including a purchaser at a
foreclosure sale upon foreclosure of a First Mortgage until expiration of the mortgagor's
period of redemption. If there is more than one holder of a First Mortgage, the holders
will be treated as, and act as, one First Mortgagee fbr all purposes under this Declaration
and the Bylaws.
"Fiscal Year" means the fiscal accounting and reporting period of the
Association selected bv the Board from time to time.
]!lO2.E RMS 08/U|/y| 1116 pm
-4-
"Garage" means the parking facilities located in kvel 1 of the Building.
"General Assessments" is defined in Section 7.1.
"General Cornmon Elements" means all Common Elements which are
not Limited Common Elements. For example, the Building's structure, roof and exterior
enclosure systems are General Common Elements. A portion of the General Common
Elements may be refened to as a "General Common Element. " Some of the General
Common Elements may be designated on the Map and identified by the initials "GCE.'
"Hallway Refurbishment" is defined in Section 8.6.
"Initial Agreement" is defined in Section 16.4(b).
"Initial Agreement Period" is defined in Section 16.4(b).
"Initiating Party" is defined in Section 16.4(a).
"Insured Permittee" means any Permittee who is required to maintain,
who in fact does maintain, or who is listed as an additional insured under, a policy of
property insurance covering a Unit, any portion of or any personal property located in
ir.
"Level" means one of the four principal floor levels of the Building.
"kvels" means more than one kvel. "lrvel 1" means the lowest kvel of the Building;
"Irvel 2" means the kvel immediately above kvel 1 of the Building; "kvel 3" means
the l€vel that is immediately above Level 2 of the Building; and "kvel 4" means the
top level of the Building.
"level 2 Pedestrian Easement" is defined in Section 3.3.
"Limited Benefit Expenses" is defined in Section 7.2(a).
"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.
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. " Some of the Limited Common
Elements are also identified with respect to the Unit or Units to which those Limited
Common Elements are allocated. For example: a Limited Common Element allocated
to the use of all Commercial Units may be identified as "LCE-C"; a Limited Common
Element allocated to the use of all Residential Units may be identified as "LCE-R"; and
a Limited Common Element allocated only to the use of Residential Unit Rl may be
identified as "LCE-RI."
l'am,E RMS 0E/Oll97 l:]6 om -5-
"Limited Common Hallway" means a hallway identified as such on the
Map that connects the entries to the Units on the l-evel on which the hallway is located
(including, without limitation, main entries, service entries and entries to the Unit
Mechanical Rooms that constirute a portion of those Units) with the entries to the
Building's elevators, stairwells and trash chute on that kvel.
"Map" means the plat and map of the Property which is Recorded with
and made a part of this Declaration, as the plat and map may be amended in accordance
with this Declaration.
"Measured Area" means the area in square feet of all floor space within
and measured from the vertical boundaries of a Unit (as described in Section 2.4(b)).
"Mediator" is defined in Section 16.4(c).
"Mediator Selection Period" is defined in Section 16.4(c).
"Mountain Activities" is defined in Section 14.1(a).
"Mountain Recreational Areas" is defined in Section 14.1(a).
"Optional Dispute" is defined in Section 16.4(a).
t'Owner" 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 Unir).
"Parking Space" is defined in Section 2.60).
"Permitted Deck Enclosure" is defined in Section 8.5.
I'Permitted Unit Alteration" is defined in Section 8.1.
"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, (a) a tenant of an Owner or the
Association or (b) 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.
"Private Club" is defined in Section 14.3.
134302.8 RMS o8r'Ur/Yl 3:36 om -6-
"hivate Club Facilities" is defined in Section 14.3.
"hoperty" means the real property legally described on Exhibit A,
including all improvements on and appurtenances to that property.
"Records" means the real property records of Eagle County, Colorado;
to "Record" or "Recording" means to file or filing for recording in the Records; and 'of
Record" or "Recorded" means recorded in the Records.
"Reimbursable Expenses" is defined in Section 7.2(b).
"Residential Lobby" means each area identified as such on the Map.
Each Residential Inbby is a LCE-R.
"Residential Unit" means each of the Units initially designated Rl through
R6 in this Declaration and on the Map. Each Residential Unit is designated for
residential purposes pursuant to Article 4.
"Restoration Deficit" is defined in Section 7.2(c).
"Rules" means the rules and regulations 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 sheriff's 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.
"Shared Area" is defined in Section 8.3(a).
"Special Assessments" is defined in Section 7.2.
"Special Declarant Rights" means the rights reserved by Declarant in
Section 2.8.
"Storage Space" is defined in Section 2.6(c).
"Taking" is defined in Section 11.1.
I'Termination Agreement" is defined in Section 12.1.
"Termination Allocation" is defined in Section 12.3.
ltau.t RMS 6ir07t 3:35 pm 1-I-
"Transferee" is defined in Section 15.3(a).
"Unitu 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 this Declaration. 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 inside and partly outside the
boundaries of the Unit (e.e., any columns, beams, floor slabs or other structural
elements, or any ducts, pipes flues, chases or equipment serving portions of the
Condominium Project other than the Unit).
"Unit Connection" is defined in Section 8.3(a).
"Unit Disconnectionrr is defined in Section 8.4(a).
"Unit Mechanical Room" means a mechanical room located within and
serving a single Unit, but not designated as part of the Common Elements. A Unit
Mechanical Room is a part of the Unit in which it is located. Each Unit Mechanical
Room contains a portion of the Central Mechanical Equipment and additional mechanical
equipment that is connected to the Central Mechanical Equipment but serves only the
Unit in which the Unit Mechanical Room is located.
1.2
this Declaration:
Exhibit A
Exhibit B
Exhibit C
"Voluntary Capital Expenses" is defined in Section 7.2(d).
"Working Capital Fund" is defined in Section 7.3.
Exhibits. The Exhibits listed below are attached to and incorporated in
- kgal Description of the Property
- Common Allocations
- Allocation of Parking Spaces and Storage Spaces
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
Section 38-33.3-103(9) of the Act and, thus, constitutes the Condominium Project.
2.2 Name. The name of the Condominium Project is "The Golden Peak
Condominiums. "
l34m.t RMSfl nly' 3:36 orn -8-
2.3 Division of Property. Declarant, pursuant to the Act, hereby divides the
Property into the Units (identified by number on Exhibit B 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. The vertical and horizontal boundaries of
each of the Units are described below and are graphically depicted on the Map:
(a) Horizontal Boundaries. The upper horizontal boundary of each
Unit is the unfinished surface of the bottom of the floor or roof structure immediately
above the Unit. The lower horizontal boundary of each Unit is the unfinished surface
of the top of the floor slab immediately beneath the Unit.
(b) Vertical Boundaries. The vertical boundaries of each Unit are the
interior surfaces of such Unit's perimeter wall studs, windows and doors as shown on
the Map; or in the case of the boundary between two or more Commercial Units, the line
depicted on the Map as the boundary berween such Commercial Units. Notwithstanding
that any wallboard, plasterboard or other materials which form part of any required,
rated fire-separation assembly may be a part of a Unit, no Owner may remove, penetrate
or do anything to otherwise impair the hre-separation capability of such materials or
assemblies. Any interior demising wall located on a boundary line and physically
separating two or more Commercial Units is a Limited Common Element allocated to
those Commercial Units.
(c) Structural Elements. All structural elements of the Condominium
Project, including, without limitation, bearing walls, bearing columns, structural slabs
and decks for floors, ceilings or roofs, structural'girders, beams and joists, and
foundations and footings, regardless of whether they are located wholly or partially
within the boundaries of any Unit, are General Common Elements.
(d) Utility/Service Elements. Any shafts, chutes, flues, ducts, vents,
chases, pipes, wires, conduits or utilify lines (collectively, "Utility/Service Elements")
located completely within and exclusively serve a single Unit are a part of the Unit. Any
Utility/Service Elements that exclusively serve a Common Element are a part of the
Common Elements. Any Utility/Service Elements that serve one or more but fewer than
all Units are Limited Common Elements allocated to the Unit(s) which they serve. Any
Utility/Service Elements that serve all of the Units are General Common Elements.
(e) Unit Mechanical Rooms. Each Residential Unit includes its Unit
Mechanical Room(s). As of the date of this Declaration, the Commercial Unit does not
contain a Unit Mechanical Room; however, any Commercial Unit in the future may
include its Unit Mechanical Room. All Central Mechanical Equipment located in each
Unit Mechanical Room constitutes a part of the General Common Elements. All
mechanical equipment located in a Unit Mechanical Room that exclusively serves the
Unit of which the Unit Mechanical Room is a part constitutes part of the Unit.
134302.8 RMS 06/(n/9| 4:01 pm -9-
(f) Improvements in Unit. Subject to Secrions 2.4(c), 2.4(d) and
2.4(e) above, all spaces, interior partitions and other fixtures and improvements within
the boundaries of any Unit are a part of the Unit.
(g) Penetrations. Where a Unit boundary is penetrated by an opening
(e.s.., a window, door, skylight, or a flue or chase), the boundary 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 Changes. No Unit may
be subdivided into more than one Unit if, as a result of the subdivision. there would be more
than six Residential Units and 18 Commercial Units in the Condominium Project. However,
a Boundary Relocation may be made by Declarant pursuant to Section 2.8(b) or by Owners
pursuant to Section 8.2; a Unit Connection may be made pursuant to Section 8.3; and a Unit
Disconnection may be made pursuant to Section 8.4.
2.6 Limited Common Elements. The Limited Common Elements consist of
those designated in the Act, those designated in Section 2.4(d), those designated by the Board
pursuant to Section 8.3, those designated 'LCE' or otherwise allocated on the Map, and the
following:
(a) Deck Areas. Each area entitled "Deck" on the Map is an exterior
deck area (a "Deck Area"). The airspace above each Deck Area, from its finished floor
surface to the lower of eight feet above its finished floor surface or the underside of any
eave or other portion of the Building that projects over the Deck Area, constitute a
Limited Common Element allocated for the exclusive use of the Unit to which the Deck
Area is allocated, as shown on the Map (e.g., the Deck Area designated on the Map asrrLCE-Rl'r is allocated to the exclusive use of Unit R1). The surrounding walls, floors
and eaves of each Deck Area are General Common Elements.
O) Parking Spaces. The areas entitled uP-l,n uP-2," "P-3,o etc. on
the Map are parking spaces (each, a "Parking Space") located in the Garage. Each
Parking Space constitutes a Limited Common Element allocated for the exclusive use of
a Residential Unit pursuant to Exhibit C. A Parking Space may be reallocated to a
different Residential Unit by either (i) Declarant pursuant to Section 2.8(c); or (ii) the
Owners of the affected Residential Units pursuant to Section 2.7(d).
(c) Storage Spaces. The areas entitled 'S-1," 'S-2," "S-3," etc. on
the Map are storage areas (individually, a "Storage Space") located adjacent to the
Residential l,obby on kvel 1 and elsewhere in the Building. Each Storage Space
constitutes a Limited Common Element allocated for the exclusive use of a Residential
Unit pursuant to Exhibit C. A Storage Space may be reallocated to a different
Residential Unit either by (i) Declarant pursuant to Section 2.8(c); or (ii) the Owners of
the affected Residential Units pursuant to Section 2.7(d).
lgl@.E RMS oEr'flig7 3:36 Dn -10-
(d) Limited Common Hallways. Each Limited Common Hallway is
either a LCE-R or LCE-C allocated for the exclusive use of either the Residential Units
or the Commercial Unit(s), respectively, subject to the rights of the Association and
Declarant under this Declaration.
(e) Skylights. Each skylight installed in the roof of the Building which
admits daylight to a Unit through an opening in the ceiling of the Unit is a Limited
Common Element allocated for the exclusive use of that Unit. Each skylight in the roof
of the Building which admits light to a Limited Common Element is a part of that
Limited Common Element. Each skylight in the roof of the Building which admits light
to a General Common Element is a part of that General Common Element. The roof of
the Building (other than skylights that are Limited Common Elements) is a General
Common Element. The glazing, sash, frame, hardware, flashing and operating
mechanism (if any) of each skylight are parts of the skylight and are allocated pursuant
to this Section 2.6(e).
(f) Doors and Windows. All 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
and windows are parts of the doors and windows and are allocated pursuant to this
Section 2.6(f;.
2.7 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 2.7(a), the allocation of Reimbursable
Expenses set forth in Section 2.7(b), and the allocation of Voluntary Capital Expenses
set forth in Section 2.7(d)).
(c) Votes in the Association. In all matters coming before the
Association for which a vote of the Owners is required, each Unit is allocated a
percentage of the votes in the Association equal to the Unit's Common Allocation, except
the Association is not entitled to any votes for any Unit it owns.
(d) Reallocation of Limited Common Elements. Any Limited
Common Element may be reallocated befween or among Units upon (i) application made
to the Board by the Owner(s) of the Uni(s) to which the Limited Common Element is
allocated at the time of the application and the Owner(s) of the Uni(s) to which the
Limited Common Element will be allocated pursuant to this Section 2.7(d), (ii) approval
lYm.E RMS 08/grly| 3136 Dm -11-
of the application by the Board, (iii) approval of the reallocation by the Security Holder
of any Security for an Obligation encumbering any of those Units, and (iv) the Recording
of an appropriate amendment to this Declaration. The application will include the
proposed form of the amendment to reallocate the Limited Common Element, a deposit
against attorneys' fees and costs which the Association may incur in connection with the
reallocation as reasonably estimated by the Board, and other information reasonably
requested by the Board. All costs and attorneys' fees incuned by the Association as a
result of the application are the sole obligation of the applicants and may be levied
against them as a Special Assessment. The Association and the applicants will sign the
amendment.
2.8 Reservation of Special Declarant Rights.
following Special Declarant Rights:
Declarant reserves the
(a) Improvements. DuringtheDeclarantSalesPeriod, Declarantmay,
but is not required to, complete any one or more of the following improvements or
alterations at the sole cost and expense of Declarant: (1) complete any improvements
indicated on the Map, including, without limitation, exterior site work, landscaping and
planting; (2) remodel or refurbish any one or more of the General Common Elements;
(3) remodel or refurbish the cabs of the Building's elevators; (4) remodel or refurbish
any Unit owned by Declarant; (5) remove and reinstall or relocate the Building's
mailboxes; (6) install security equipment, such as cameras, monitors and video recorders,
on or about the General Common Elements and the LCE-C; (7) construct or install a
sales or management office in the Common Elements on Lcvels I and 2 of the Building;
(8) install utility lines, outside the Building or inside the Building (and, with respect to
lines inside the Building, running through existing or newly created chases in the
Common Elements or in any or all of the Units), as'may be necessary or desirable to
provide additional utility services in some or all of the Units; (9) construct or install
lighting in or on any of the Common Elements; (10) construct or install signage relating
to the Condominium Project; and (11) install awnings on any one or more of the
following Common Elements: the entrances to the Building or the terraces or patios
adjacent to the Building.
(b) Boundary Relocation. During the Declarant Sales Period,
Declarant may from time to time make Boundary Relocations affecting any Unit(s) then
owned by Declarant. To effect a Boundary Relocation during the Declarant Sales 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 changes to their identifying numbers, and revising Exhibit B to show any changes
in the Common Allocations resulting from tlte Boundary Relocation. The revised
Common Allocations resulting from any Boundary Relocation made by Declarant must
be based on the formula set forth in the definitions of "Common Allocation" and
"Measured Area" set forth in this Declaration. For example, if Declarant combines two
Units into one Unit, the combined Unit will have a Common Allocation equal to the sum
of the Common Allocations of the two combined Units, and the Common Allocations of
114302.8 RMS 00m/9 r:36 Dm !a- LZ-
any of the other Units will not be changed. Nothing in this Section 2.8(b) prohibits
Declarant. as an Owner, from making a Boundary Relocation pursuant to Section 8.2.
(c) Reallocation of Parking or Storage Spaces. During the Declarant
Sales Period, Declarant may from time to time reallocate between or among any Unit or
Units owned by Declarant any Parking Space(s) or Storage Space(s) allocated to such
Unit or Units pursuant to this Declaration. To effect a reallocation during the Declarant
Sales Period, Declarant will execute, acknowledge and Record an amendment to this
Declaration revising Exhibit C to show the changes in the allocations of Parking Spaces
or Storage Spaces to the various Units resulting from the reallocation. Declarant may
not reallocate under this Section 2.8(c) any Parking Space or Storage Space that is then
allocated to a Unit previously conveyed to an Owner other than Declarant or subject to
a written sales contract; however, nothing in this Section 2.8(c) prevents Declarant, as
an Owner, and another Owner from effecting a reallocation ofParking Spaces or Storage
Spaces pursuant to Section 2.7(d).
(d) Marketing. During the Declarant Sales Period, Declarant may
maintain sales offices, management offices and model Unit(s) in any Unit(s) owned by
Declarant or in any part of any Limited Common Element allocated to any Unit owned
by Declarant, but Declarant's use of a Limited Common Element may not preclude
access to any Unit. Declarant may change the locations of the offices and model Unit(s)
from time to time during the Declarant Sales Period. During the Declarant Sales Period,
Declarant may maintain signs on the General Common Elements, or on any Limited
Common Elements allocated to any Unit owned by Declarant, advertising the Units for
sale and directing prospective purchasers to the offices or model Unit(s). Upon the
termination of the Declarant Sales 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 3.5 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 Sales Period amend this Declaration
(including the Map) in any manner authorized by the Act, provided that no amendment
will have a materially adverse effect on the rights or obligations of any Owner.
2.9 Number of Units. Initially, the Condominium Project will consist of six
Residential Units and seven Commercial Units. The maximum number of Units that may be
created, by subdivision or otherwise, equals 24, including not more than six Residential Units
and not more than 18 Commercial Units.
llr]{n.E RMS 0Mn/9 l:36 prn
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ARTICLE 3
Easements
3.1 General Common Elements. Subject to the provisions of this
Declaration, including, without limitation, Section3.l0, each Owner has a nonexclusive
Easement for the Owner and the Owner's Permittees to use each General Common Element for
its intended purpose. Without limiting the generality of the previous sentence, each Owner has
the followine nonexclusive Easements:
(a) General Pedestrian Access. A nonexclusive Easement over and
across all stairs, hallways, lobbies, walkways and other pedesuian access-ways
designated as General Common Elements on the Map for the purpose of gaining
pedestrian access between (i) the public streets and sidewalks adjoining the Property;
(ii) any Parking Space or Storage Space allocated to the Owner's Unit; (iii) the
Residential Lobby on Level 1 of the Building; (iv) the terraced gardens and other
common facilities identified on the Map as General Common Elements; and (v) the
Owner's Unit.
(b) Driveway Access. A nonexclusive Easement over and across the
driveway located on the real property described on Exhibit D attached to this Declaration
for the purposes of vehicular and pedestrian ingress and egress between the Property and
the public street known as Vail Valley Drive located to the north of the Property (the
"Driveway Easement").
3.2 Limited Common Elements. To the extent that any Unit is allocated the
exclusive use of a particular Limited Common Element pursuant to this Declaration, (such as,
for example, a Parking Space or Deck Area) 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 (such as, for
example, a Limited Common Hallway), 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 Area, Parking Space, Storage Space or another Limited Common Element, the
right of the Owner and its Permittees to use that Limited Common Element is subject to the
Easements described in Sections 3.3 through 3.8.
3.3 Level 2 Pedestrian Access. Each Residential Unit has an Easement for
pedestrian access through the Limited Common Hallway on lrvel 2 designated on the Map as
"Great Room, LCE-C," as it may exist from time to time (the "I*vel 2 Pedestrian Easement").
The Owners of the Residential Units and their Permittees have the right to use the l*vel 2
Pedestrian Easement only on the days and during the hours that kvel 2 of the Building is open
to the public. Nothing in this Section 3 . 3 may be construed to limit the ability of the Owners
of the Commercial Units on lrvel 2 to reconfigure or change the boundaries of those Limited
Common Hallways so long as the Owners of the Residential Units and their Perminees have
lla3@.E RMS 08/07/9 3:36 om -t4-
pedestrian access between the Residential Lobby on kvel 2 and the main entrances to Level 2
on the north and south sides of the Building, subject to the time restrictions set forth in this
Section 3.3.
3.4 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 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 Mechanical Room to the extent reasonably required to operate, manage and control the
Central Mechanical Equipment.
3.5 Easements Benefiting Declarant. Declarant reserves Easements over and
across the Condominium Project as may be reasonably necessary for the purposes of completing
the construction of any improvements or alterations described in Section 2.8(a); constnrcting and
installing any shafts, chutes, flues, ducts, vents, chases, pipes, wires, conduits or utility lines
necessary 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 performing any of Declarant's
obligations under this Declaration. Declarant's Easements will exist as long as reasonably
necessary for those purposes. Without limiting the generality of the previous two sentences,
(i) 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.
3.6 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 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.
3.7 Easements to Repair, Maintain, Restore and Reconstruct. With respect
to any provisions of this Declaration or the Act that authorize or require 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
134302.t RMS @q'/y' !:36 !m -15-
an Easer.' ,'nt to enter each Unit (including, without limitation, its Unit Mechanical Room) to the
extent rcrsonably required to repair and maintain the Central Mechanical Equipment. The
Easements created under this Section 3.7 burden those portions of the Condominium Project
through rvhich 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.
3.8 Easements for Utilities and Mechanical Equipment. An Easement exists
for the benefit of each Unit and Common Element for the use of all shafts, chutes, flues, ducts,
vents, chases, pipes, wires, conduits and utility lines (including, without limitation, any of them
constructed or installed by Declarant pursuant to the Easements reserved in Section 3.5) 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.
3.9 Easements Run with Land. Except for the Easements described in
Section 3 .5, all Easements existing pursuant to this Article 3 are appurtenant to and run with the
Property and 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 specificallv mentioned in the convevance or
encumbrance.
3.f0 Regulation by Association. All Easements existing pursuant to this
Article 3 are subject to reasonable Rules that the Association may promulgate concerning the use
and enjoyment of those Easements. Such Rules will be promulgated in accordance with
Section 4.7 and may regulate matters such as the permitted number, time and manner of uses
of the Easements.
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
claimin-e under them will take and hold their right, title and interest in any Unit subject to atl
of the covenants and conditions of the Act, this Declaration and the Bylaws. Each Owner,
Permittec 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,
Permittec lnd Security Holder will comply with all applicable provisions of the Act.
114302.8 RMs,)s :,t l:16 pm
-16-
4.3 Residential Units.
(a) Permitted Uses. Each Residential Unit may be occupied and used
only for: (i) residential uses and uses incidenral to them; (ii) lodging uses permitted by
applicable zoning laws, provided that not less than an entire Residential Unit be rented
for lodging purposes; (iii) long term and short term rentals of the entire Residential Unit
for residential and lodging purposes; and (iv) home occuparions permitted by appticable
zoning laws, so long as that use is incidental to residential use of the Residential Unit,
does not materially increase the use of elevators, lobbies or other Common Elements,
and is not advertised or identified by signage on or any directory in the Building. During
the Declarant Sales Period, Declarant may also use one or more Residential Units owned
by Declarant for sales or management offices or for model Residential Units.
(b) Prohibited Uses. Except as otherwise provided in Section 4.3(a),
no Residential Unit may be used for commercial purposes. No Residential Unit may be
used for the creation of any time share estate as presently defined in C.R.S. g 38-33-110.
4.4 Commercial Units.
(a) Permitted Uses. Except as otherwise provided in this Article 4,
Commercial Units may be used for any purposes and uses permitted under applicable
zoning laws. Without limiting the generality of the previous sentence, the Commercial
Units may be used for sales, management or maintenance facilities relating to either the
Residential Units or the Commercial Units.
(b) hohibited Uses. No Commercial Unit may be used for
residential or lodging pu{poses; provided that Commercial Units may be used for sales,
management and maintenance facilities in connection with residential or lodging uses
occurring in the Residential Units. No Commercial Unit may be used for the creation
of any time share estate as presently defined in C.R.S. $ 38-33-110.
4.5 Association's Units. Notwithstanding the provisions of Sections 4.3 and
4.4, the Association may use any Unit it owns for any lawful purpose relating to the
performance of its obligations under this Declaration or otherwise benefiting the Owners so long
as only the Residential Units are used for residential or lodging purposes.
4.6 Parking and Vehicles. The Garage and Exterior Parking Spaces may be
used by the Owners of Residential Units and their Permittees for motor vehicle parking and
other uses incidental to or consistent with motor vehicle parking; provided, however, that
without the prior written approval of the Board: (i) no Parking Space or Exterior Parking Space
may be used in such a manner that precludes its use for motor vehicle parking; and (ii) no
commercial vans, boats, off-road motorcycles, campers, trailers or other commercial or
recreational vehicles of any type may be kept or parked in any Parking Space or Exterior
Parking Space. The Owners of Residential Units and their Permittees may not use any other
portion of the Property or the Driveway Easement for motor vehicle parking.
lYl,oz.E RMS 0t/0,/Y, 3:36 Dm
-17-
4.7 hohibited Uses Generally. Uses other than permitted uses 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 integriry 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 Condominium may be used for any use
which would constitute an unusual fire hazard, would result injeopardizing 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
if adequate 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 7.2(bXii).
(b) Overloading. No Unit or Common Element may be used for any
use beyond the maximum loads the floors of the Condominium Project 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.
(c) Nuisance. Except for the uses and activities described in
Section 14.l which may occur in and around the Commercial Units, no Unit or Comrnon
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.
(d) 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 govenrmental authority having jurisdiction over the Condominium Project,
including, without limitation, any of them that regulate or concern hazardous or toxic
waste. substances or materials.
(e) Existing Covenants. No portionof the Condominium Projectmay
be used for any use that violates the following existing covenants encumbering the Property, as
they may be amended or repealed: (i) Protective Covenants of Vail Village, Fifth Filing, Eagle
County, Colorado, Recorded on November 15, 1965 in Book 187 at Page 353, as amended by
Amendment to Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado,
Recorded on August 27, 1984 in Book 393 at PaEe 492; (ii) Protective Covenants of Vail
Village, Seventh Filing, Eagle County, Colorado, Recorded on December I7, 1965 in Book 187
at Page 515; and (iii) Declaration of Protective Covenants, Recorded on January 15, 1987 in
Book 455 at Page 933, as amended by First Amendment to Declaration of Protective Covenants
recorded on August 2, 1988 in Book 488 at Page 379, and as further amended by Waiver and
Declaration of Additional Covenants, Recorded on August 2, 1988 in Book 488 at Page 379.
l3al0!.8 RMS 08r'Ur/9 3:36 pm
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4.8
the
Manner of Use. The occupation and use of the Condominium Project by
Association and their respective Permittees are subject to the followingeach Owner.
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.e., 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. Without limitation, the Rules may govern the kind and number of pets that may
be kept in a Unit. No pet may be kept, bred or maintained for any commercial purpose.
(b) Leases. Subject to Sections 4.3 and 4.4, 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 concerning the
leasing of Units.
(c) Signs. No signs may be displayed to the public view on or from
any Unit or the Common Elements without the Board's prior written approval, except
(i) signs approved by the Board of a reasonable size (and at locations approved by the
Board) providing direction, prohibiting trespass or identifying the Condominium Project,
the Owners or their tenants; (ii) signs maintained and used by Declarant in connection
with its initial and ongoing rental or sales activities; and (iii) signs relating to the
Commercial Units and the uses in the Commercial Units, as those signs are permitted by
applicable zoning laws.
(d) 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.
(e) 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 2.8(a) in or on the
Common Elements. Nothing may obstruct or otherwise impair access to the Common
Elements except as provided in Section 2.8(d).
ll,{102.8 RMS 08/fi/9 3:16 o'h
-19-
4.9 Rules. In addition to the restrictions, conditions and covenants in this
Article 4 concerning the use of the Condominium Project, the Units and the Common Elements,
the Board from time to time may promulgate and amend reasonable Rules not in conflict with
the Act, this Declaration or the Bylaws.
4.f0 Indemnity. Subject to Section 9.4, 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 attorneys' fees, court costs and other expenses of litigation) and liabilities of any kind
or nature whatsoever (collectively referred to as "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
Permittees; 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
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. To the extent provided
in Section 7.2(bxiiD, the amount of the 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 Section4.10 will be
construed to provide for any indemnification which violates applicable laws, voids any or all of
the provisions of this Section4.l0 or negates, abridges, eliminates or otherwise reduces any
other indemnification or right which the Association or the Owners have by law.
4.ll Provisions Run with Land. Each Condominium, Owner, Permittee and
Security Holder are subject 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.
4.12 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 irreparable damage to the Property. Therefore, subject to the terms and conditions of
this Section 4.12 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,
including, without limitation, an action for a temporary restraining order, preliminary iqiunction
and permanent injunction.
13a302.8 RMS oMtryt l:36 pm
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(b) The Association may recover from any Person violating or
attempting to violate any provision of this Declaration reasonable attorneys' fees and other legal
costs incurred by the Association in successfully enforcing the provision, regardless of whether
suit is initiated. 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 7.5. 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
collection costs relating to delinquent payments), the Board will promulgate Rules relating to
those measures including provisions affording a defaulting Owner notice of the claimed default
and an opportunity to be heard by the Board prior to the imposition of the disciplinary measure.
(c) Before 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 in law or in equity to enforce the provisions of this 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 4.12(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 Articles l0 and I I , the
Association has the following rights and responsibilities with respect to the operation,
maintenance and repair of the Condominium Project:
(a) Maintenance of Common Elements. Except to the extent that the
Owners are responsible for the cleaning of Limited Common Elements pursuant to
Section 5.2(a), the Association will maintain, repair, replace and restore the Common
Elements (including, without limitation, the Central Mechanical Equipment), 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 Sections4.10, 5.2(b),
7.2(a) or 7.2(b).
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-21-
(b) CentrallVlechanicalEquipment.
(i) The Association will operate the Central Mechanical Equipment
to provide (A) hot and cold running water for the use of the Units and, as the Association
deems necessary or desirable, the Common Elements; (B) heating and cooling as the
Association deems necessary or desirable for the interior Common Elements and the
Commercial Units; and (C) other utilities and services as the Association deems
necessary or desirable for the use of the Units or the Common Elements. The
Association's costs to operate the Central Mechanical Equipment, including the costs of
utilities not otherwise paid directly by the Owners, will be included in Common
Expenses.subjecttotheprovisionsofSections5.l(bXiDand5.l(b)(iii). TheAssociation
is not responsible if any utilities are unavailable through no fault of the Association.
(ii) Either Declarant or the Association may install meters or
similar measuring devices on some or all of the Central Mechanical Equipment or utility
lines to measure the Central Mechanical Equipment services or utilities (not otherwise
paid directly by the Owners) separately supplied to the residential portion (including all
Residential Units and LCE-R) and the commercial portion (including all Commercial
Units and LCE-C) of the Condominium Project. From and after the date of installation
of such meters or measuring devices, the costs of operating or providing the Central
Mechanical Equipment or utilities separately metered or measured pursuant to this
paragraph will be divided among the Residential Units and the Commercial Units based
upon usage as rneasured by the meters or measuring devices and will be assessed against
each Unit as a Limited Benefit Expense pursuant to Section 7.2(a).
(iiD The Association may install meters or similar measuring
devices on some or all of the Central Mechanical Equipment or utility lines to measure
the Central Mechanical Equipment services or utilities (not otherwise paid directly by the
Owners) separately supplied to each Unit and Common Element. From and after the
date of installation of such meters or measuring devices, the costs of operating or
providing the Central Mechanical Equipment or utilities separately metered or measured
pursuant to this paragraph will be divided among the Units and Common Elements based
upon usage as measured by the meters or measuring devices. The portion of the costs
attributable to each Unit will be assessed against the Unit as a Reimbursable Expense
pursuant to Section 7.2(b) and the portion attributable to the Common Elements will be
included in Common Expenses.
(c) 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(a) 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 materially
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 Condominium Project, or has a materially adverse
134302.E RMS 08/07r'9', 3:36 pm aa
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 nor perform
the repair, maintenance, replacement or restoration so long as such Owner cornmences
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(c) 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.
(a) Units and Certain Limited Common Elements. Subject to the
provisions of Articles l0 and 11, 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, including, without limitation, all mechanical, electrical and
plumbing systems, lines, equipment or components that are located in, and exclusively
serve, the Unit; (ii) clean and keep in a sanitary condition the Deck Area and the
enclosed portion of any Storage Space 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.
(b) Damage Caused by Owners. Subject to Section 9.4, each Owner
will pay all costs of repair or replacement of any portion of the Condominium Project
that is damaged or destroyed by reason of the willful misconduct, negligence or violation
of any law, this Declaration, the Bylaws or the Rules by the Owner or any of its
Permittees. The Owner will make the payment upon receipt of the Association's demand
for it. If an 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 instioting an action at law
or in equity.
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 5.2ina manner consistent with a first-class condominium project located in
Vail, Colorado.
5.4 Management Contracts and Contracts with Declarant. Any agreement
for the professional management of the Condominium Project, or any other contract providing
for services of Declarant, may not exceed three years. Any such agreement or contract will
provide for termination by either party without cause and without payment of a termination fee
on not more than 90 days' written notice.
134302.8 RMS 08fi/9 3:16 om
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 conveyed to an Owner other than Declarant. Each
Owner is a member of the Association as soon and for so long as it is an Owner. Following a
termination of the Condominium Project, 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 mav:
(a) adopt and amend the Bylaws and Rules;
(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
and independent contractors;
(d) insrirute, defend
proceedings in its own name on behalf
affecting the Condominium Project;
managing agents and other employees, agents
or intervene in litigation or administrative
of itself or two or more Owners on matters
(e)make contracts and incur liabilities:
(0 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 15.2;
(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;
tlrnrl.S R\t\ 08"(n/9 l:_16 nm ,,^
(i) acquire, hold, encumber and convey i!, '' ,rvn name iluv right, title
or interest to real or personal property (including, withour tirnitation, one or more
Condominiums). provided that Common Elements may be conveyed or subjected to a
security interest only pursuant to Section 15.2;
() grant easements, leases, licenses, and ccrncessions through or over
the Common Elements;
(k) impose and receive any payments, t'ees or charges for the use,
rental or operation of the General Common Elements and for any services provided to
Owners;
(D impose charges for late payment of Assessments, recover
reasonable attorneys' 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, atier 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 15.4;
(n) provide for the indemnification of its officers and members of the
Board and maintain directors' and officers' liabiliry insurance:
(o) assign its right to future income, including the right to receive
Assessments;
(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 Associationt and
(rt exercise any other powers necessary .1,^.. , .;p€r for the governance
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 Bylaws. The Association may adopt Bylar.vs tbr the regulation and
management of the Association, provided that the provisions of the Bylaws will not be
inconsistent with the provisions of this Declaration or the Act. " ; Bylaws rnay include,
without limitation, provisions regarding the voting rights of the Owncrs, the appointment or
election of the Board, and the appointment or election of officers ol thc Association.
Ml:.8 RVS 08r'O7/9 J:5 om -25-
6.4 Budget.
(a) Preparation 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 categories of revenue and expense;
(ii) the current cash balance in the Association's reserve fund for
the major repair or replacement of Common Elements, the Association's
equipment, fuminrre 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, furniture 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 Budget. Within 30 days after the Board adopts any
proposed budget for the Association, the Board will mail, by ordinary first-class mail,
or otherwise deliver a surnmary 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 not less than
30 nor more than 60 days after mailing or other delivery of the summary. Unless at that
meeting Owners owning Units to which are allocated more than 5O% of the votes in the
Association vote to reject the proposed budget or unless all of the Residential Owners
vote against the proposed budget, the proposed budget will be ratified, whether or not
a quorum is present. In the event that the proposed budget is rejected, the periodic
budget last ratified by the Owners will continue in effect until such time as the Owners
ratify a subsequent budget proposed by the Board. For the first Fiscal Year of the
Association, the Board may adopt the Declarant's estimated budget for the Association
and assess General Assessments pursuant to Section 7.1(a) of the Declaration based on
it if the Board submits such budget to the Owners for ratification in accordance with this
Section 6.4(b) within 60 days after adopting it.
134302.8 RMS oEur/t a:25 Dm -26-
ARTICLE 7
Assessments
7.1 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 Section 6.4. 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
quarterly installments on or before the first day of each quarter during 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 6.4, then the Board will submit the
amendment for ratification by the Owners pursuant to Section 6.4 before increasing the
General Assessments based on the amendment.
(c) Reconciliation. As soon as reasonably possible after the end of
each 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 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
1343{n.8 RMS 08,0797 3:36 Dm
^1
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.
(d) Material Increase. Notwithstanding any other provision of this
Section 7.1 or the Bylaws, after the Board assesses General Assessments for the
Association's first Fiscal Year, the Board may not increase General Assessments for any
subsequent Fiscal Year by more than 25% of the General Assessments for the prior
Fiscal Year unless the increase is approved by the affirmative vote of Owners of Units
to which at least 5L% of the votes in the Association are allocated.
7.2 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 carrying out the other responsibilities of the Association in accordance with
this Declaration. Each Special Assessment will be allocated among the Units in accordance with
the provisions SectionsT.2(a) throughT.2(d). 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 detennined by the
Board. The Board may require that Special Assessments be paid before the subject services or
materials are provided.
(a) 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, or the cost of separately metered utilities or Central
Mechanical Equipment services pursuant to Section5.l(bxii)) ("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
incurred 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.
(b) Reimbursable Expenses. If the Association incurs any costs or
expenses as a result of or in connection with (i) the cost of separately metered utilities
or Central Mechanical Equipment services pursuant to Section 5.l(bXiii); (ii) an increase
in any insurance premium for which an Owner is responsible pursuant to Section 4.7(a)
or 9.1(a); (iii) subject to Section 9.4, the willful misconduct or negligence or violation
of any law, this Declaration, the Bylaws or the Rules by an Owner or its Permittees; or
(iv) subject to Sections 4.12 and 5.1(c), bringing an Owner or the Owner's Unit into
l3'r3(n.8 RMS 08/07yl }16 pm -28-
compliance with the provisions of this Declararion (including, without limitation,
Sections 4.10 and 5.2) or any other document governing 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.
(c) 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.
(d) Voluntary Capital Expenses. Provided the requisite number of
Owners approve the same as provided below, the Board may make Special Assessments
for the purpose of paying Voluntary Capital Expenses. "Voluntary Capital Exp€nses"
means all 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); or (iii) costs
that constitute all or any part of a Restoration Deficit. Any proposal before the
Association (or Owners) to make a Special Assessment for Voluntary Capital Expenses
must include provisions describing 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 manner in
which the total amount of the Special Assessment will be allocated among the Units
subject to it. Approval of any Special Assessment for Voluntary Capital Expenses
requires the affirmative vote of (A) if all of the Condominiums will be subject to the
Special Assessment, 67% of the votes in the Association; or (B) if less than all of the
Condominiums will be subject to the Special Assessment, L00% of the votes in the
Association that are allocated to the Units that will be subject to the Special Assessment.
If the requisite affirmative vote of Owners is obtained, the Board will assess the total
amount of a Special Assessment for Voluntary Capital Expenses against (1) all of the
Units, if all of the Units are subject to the Special Assessment pursuant to the approved
proposal, by allocating to each its Common Allocation of the whole; or (2) the Units
subject to the Special Assessment pursuant to the approved proposal. by allocating to
each the portion of the Special Assessment specified in the approved proposal.
7.3 Working Capital Fund. To provide the Association with sufficient
working capital to cover the cost of unforeseen expenditures or to purchase any additional
equipment or services, an initial "Working Capital Fund" will be established in an amount equal
l]4m.8 RMS ()8y(I,/9 l:15 D|n -29-
to three months' estimated General Assessments for each Unit (based on Declarant's estimated
budget for the Association). For each Unit, the contribution of three months' estimated General
Assessments to the Working Capital Fund is due on the earlier of (i) the closing of the sale of
the Unit to an Owner other than Declarant; (ii) the end of the Declarant Control Period; or
(iii) if the Unit is a Commercial Unit, the issuance by the Town of Vail of a cenificate of
occupancy for the Unit. Contributions required pursuant to clause (i) above will be made by the
Owner that purchases the Unit from Declarant at the closing of the Owner's purchase of its Unit.
Contributions made pursuant to clause (ii) or (iii) above will be made by Declarant with respect
to any Units then owned by it. When Declarant subsequently sells any Unit for which it made
a contribution to the Working Capital Fund, Declarant may charge the purchasing Owner at
closing an amount sufficient to reimburse Declarant for such contribution. Amounts contributed
to the Working Capital Fund do not constitute advance payments of General Assessments.
Declarant may not use the Working Capital Fund to defray any of Declarant's expenses, reserve
contributions or construction costs or to make up any budget deficits during the Declarant
Control Period.
7 .4 Payment of Assessmentsl 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 Owner 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 15 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 2L% per year);
(b) late 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
attorneys' fees, incurred by the Association. If an Assessment or installment of an Assessment
is delinquent, the Association will notify the Owner of the delinquency and state in the notice
(i) the amount and due date of the delinquent Assessment or installment; (ii) the Delinquency
Costs accrued to date; (iii) the date by which the delinquent Assessment or installment and all
associated Delinquency Costs must be paid, which date may be not earlier than the later of 60
days from the due date of the Assessment or installment or 30 days from the date the notice is
given; and (iv) that failure to pay the delinquent Assessment or installment and all associated
Delinquency Costs by the date specified in the notice may result in acceleration of the balance
of the Assessment or installments for the current Fiscal Year and the foreclosure of the
Association's lien for the Assessment or installments against such Owner's Unit. If the
Association gives such a notice and the delinquent Assessment or installment of an Assessment
and all associated Delinquency Costs are not paid in full by the due date specified in the notice,
then the Board, at its option, may declare all unpaid installments of the subject Assessment for
the current Fiscal Year to be immediately due and payable in full without further demand or
notice and may enforce the collection of the Assessment (including any installments whose due
dates were so accelerated) in accordance with Section 7.5, subject, however, to the protection
afforded First Mortgagees pursuant to Section 15.3(b).
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7.5 Enforcement of Assessments. The amount of any delinquent Assessments
(including any installments whose due dates are accelerated by the Board pursuant to
Section 7 .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 7.4) and associated
Delinquency Costs. Each action will be brought in the name of the Association. The
judgment rendered in the action will include, where permissible under applicable law,
a sum for reasonable attorneys' fees in an amount adjudged by the court 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 7.4\ 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 Section 38-33.3-316 of the Act. If an
Assessment is delinquent, if the Association gives a notice concerning the delinquency
that substantially complies with the provisions of Section 7.4., 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 7.4, 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 15.3(b).
7.6 Reallocation. If any Assessment remains unpaid for more than six months
after it is first due, the Association may treat the unpaid Assessment as a Common Expense to
be assessed against all Condominiums; provided, however, that if the Association subsequently
collects all or any part of the unpaid Assessment, through foreclosure of its lien or otherwise,
then any Owner who has paid a portion of the unpaid Assessment as a Common Expense is
entitled to a credit (in an amount equal to its pro rata share of the amount of the unpaid
Assessment subsequently collected by the Association) against any General Assessments
subsequently due from that Owner.
7.7 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 may cause the dispute to be submitted to alternative dispute resolution pursuant to
Section 16.4; provided, however, that the Owner will pay in a timely manner the full amount
of the disputed Assessment unless and until it is finally determined in the alternative dispute
resolution 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 alternative dispute
114302,t RMS 0U(r'/9 3116 om
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resolution proceeding 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 alternative dispute resolution proceedin-e is not a bar or defense
to any actions by the Association.
7.8 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.
ARTICLE 8
Alterations
8.1 Permitted Unit Alterations. An Owner may, subject to the terms and
provisions of this Article 8, construct an alteration or improvement to its Unit (a "Permitted Unit
Alteration") that:
(a) does not, either during construction or after completion, impair the
structural stability, or building systems of, 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;
(c) does not, during construction, change the appearance or otherwise
adversely affect the Common Elements, except for such temporary increases in the use
of the Condominium Project's elevators, service entry and trash removal facilities that
are reasonable and necessary in view of the nature of the alteration or improvement;
(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 8) and may be enjoined by the Association or any aggrieved Owner, subject to the
provisions of Section 4.12.
8.2 Boundary Relocation. The Owner(s) of one or more Residential Unit(s)
or one or more Commercial Unit(s) may make a Boundary Relocation affecting the Unit(s)
owned by the Owner(s) in accordance with this Section 8.2. The Owner(s) of the Unit(s)
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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 showin-e all walls. doors and other
improvements that will be demolished or constructed;
(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 8.1(a)
through 8.1(e);
(c) evidence sufficient to the Board that the proposed Boundary
Relocation will comply with all applicable 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 Uni(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 identifying numbers and the reallocation of interests, if any. proposed pursuant to
Section 8.2(d);
(D a deposit against attorneys' fees and costs which the Board may
incur in reviewing and effectuating the application, in an amount 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 8.2(a) through 8.2(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.
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8.3 Connection of Adjoining Units.
(a) Two adjoining Residential Units or two adjoining Commercial Units
may be connected without combining those Units into a single Unit, so that each
connected Unit will retain its separate identity, identifying number, and Unit allocations
(a "Unit Connection"), if the Board approves the Unit Connection 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 construcrion necessary to create the
connecting opening(s) in the General Common Element floor or walls 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 strucfural 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 floor or wall(s) 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 Connection be commenced and completed within a reasonable time).
(c) If the Board approves an application for a Unit Connection, then
it will redesignate concurrently from a General Common Element to a Limited Common
Element the Shared Area. 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 also cause a statement executed by the president or another
authorized officer of the Association to be Recorded that (D 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, and (iii) specifies any conditions
imposed by the Board pursuant to Section 8.3(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.
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Unit Disconnection.
(a) Subject to the provisions of this Section 8.4, 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 connected Units fails to satisfy the
conditions imposed by the Board pursuant to Section 8.3(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 General Common Element floor or walls 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 Uni(s) or that the respective
Security Holder(s) has or have approved the proposed Unit Disconnection; (iii) the
replacement of the General Common Element floor or walls at the Shared Area will not
impair or adversely affect (A) the structural stability or building systems of the Building,
(B) any Easement or right granted pursuant to this Declaration, or (C) any Common
Element other than the floor or wall(s) which is or are to be constructed; and (iv) any
conditions imposed by the Board concerning 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 (D identifies the Units to be
disconnected by the Unit Disconnection, (ii) gives notice that those Units are no longer
the subject ofa Unit Connection (and, therefore, may thereafter be conveyed separately),
and (iii) specifies any conditions imposed by the Board pursuant to Section 8.4(b) that
must be satisfied before the Unit 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 General Common Element floor or walls 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.
8.5 Permitted Deck Enclosures. An Owner may enclose the Deck Area
allocated to its Unit if (1) the Board approves in advance the proposed enclosure, (2) the
proposed enclosure, as approved by the Board, is approved in advance by the Town ofVail, and
(3) the enclosure is completed strictly in accordance with the approved plans and specifications
8.4
l]4102.E RMS 06 tr'97 lil6 prn
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and this Article 8 (a "Permitted Deck Enclosure"). The Owner proposing a Deck Area
enclosure will prepare, sign and submit to the Board an application for approval ofthe proposed
enclosure. The Application will include plans and specifications prepared by a licensed architect
containing the level of detail and information as the Board requires. The Board will review any
application for enclosure of a Deck Area and will approve it if the Board, in its reasonable
discretion, finds that the proposed enclosure (a) will be consistent with the design of the exterior
of the Building; (b) will minimize any adverse effect on the exterior appearance of the Building;
(c) will comply with all applicable laws (including, without limitation, building codes); (d) will
not overburden or otherwise adversely affect the Building's strucfure or other systems (such as
the Central Mechanical Equipment); and (e) will be the same as, or reasonably consistent with,
any previously approved and constructed Permitted Deck Enclosure. The Board may impose
conditions on its approval of a Permitted Deck Enclosure, including, without limitation, a
requirement that the Owner complete it within a reasonable time.
8.6 Hallway Refurbishment. The Owner(s) of all Units to which any Limited
Common Hallway is allocated may refurbish it from time to time (including, without limitation,
painting or installing new or replacement floor or wall coverings or lighting fixtures) if the
Board approves the refurbishment in accordance with this Section 8.6 (a "Hallway
Refurbishment"). The Board will approve any proposed Hallway Refurbishment if (a) the
Owner(s) of all Units to which the subject Limited Common Hallway is allocated has or have
signed an application describing the proposed Hallway Refurbishment in sufficient detail to
demonstrate that those Owners (if more than one) have agreed on all matters of design; and
(b) the proposed Hallway Returbishment will comply with the requirements of Sections 8.1(a)
through 8.1(e), except that the appearance of the subject Limited Common Hallway itself may
be changed.
8.7 Construction. Any Owner(s) performing any construction or demolition
work relating to a Permitted Alteration, a Boundary Relocation, a Unit Connection, a Unit
Disconnection, a Permitted Deck Enclosure or a Hallway Refurbishment (any of which is
referred to in this Section 8.7 as an "Alteration") will comply with the following additional
provisions:
(a) such Owner(s) will obtain all necessary permits and governmental
authorizations for the Alteration:
O) the Alteration and the construction of it will comply with all
applicable zoning and building codes and other applicable laws, ordinances and restrictive
covenants:
(c) prior to commencing any construction, such Owner(s) will provide
the Board with evidence sufficient to the Board that the insurance required to be
maintained by such Owner(s) pursuant to Section 9.2 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;
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(d) 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;
(e) 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;
(0 such Owner(s) will minimize any impact from the construction
process on other Units or Common Elements;
(g) such Owner(s) will perform the Alteration work, or cause the work
to be performed, in a rnanner 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;
(h) such Owner(s) will reimburse the Association for all costs incurred
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
(D such Owner(s) will pay or cause to be paid all costs of design and
construction of the Alteration.
8.8 Alteration of Common Elements.
(a) Except to the extent permitted in connection with an approved
Boundary Relocation, Unit Connection, Unit Disconnection, Permitted Deck Enclosure
or Hhllway Refurbishment, 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. Without limiting the generality of
the previous sentence, no Owner or Owner's Permittee may do anything which impairs
or 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 (provided, 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 6.4, ot the cost of the Common Alteration constitutes
1343@.8 RMS 0&07M 3:36 Dm -37-
a Voluntary Capital Expense and a Special Assessment is approved pursuant to
Section 7 .2(d). The Association will comply with the provisions of Section 8.7 (except
Section 8.7(h)) in constructing any Common Alteration, as if the Association were an
Owner.
8.9 Alterations by Declarant. Nothing in this Article 8 restricts or prohibits
Declarant from making any alteration or improvement that Declarant has reserved the right to
make pursuant to Section 2.8(a) or 2.8(b). The provisions of this Article 8 do not apply to any
alteration or improvement made by Declarant pursuant to Section 2.8(a) or 2.8(b).
ARTICLE 9
Insurance
9.1 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 9.1 will
be included in Common Expenses:
(a) Property Insurance. The Association will 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 each renewal date) of (l) the Common Elements and
all fixtures, improvements and alterations situated on or constituting a part of the
Common Elements, (2) each Unit and all fixtures, improvements and alterations situated
on or constituting a part of the Unit, and (3) 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 among, and provide for a waiver of subrogation
by the insurer as to claims against, the Association, its directors, officers, employees and
agents, each Owner and the members of the Owner's household, each Security Holder,
any other person for whom the Association or any Owner or Security Holder may be
responsible, and any Insured Permittee; (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
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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" and "steam boiler and machinery coverage" endorsements.
If, as a result of any improvements or alterations made to a Unit by its Owner, the
premium for the Association's property insurance policy is increased to an amount
exceedin_Q 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 7.2(b\.
(b) Liability Insurance. The Association will maintain bodily injury
and property damage liability insurance 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. All Owners shall be named as additional insureds for claims and
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 $1,000,000 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" e ndorsement 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) be written as a primary policy, not contributing with and not
supplemental to any coverage that any Owner may carry; (iv) 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;
(v) 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 (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. The liability insurance
required to be maintained under this Section 9.1(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 Employer's Liability. The
Association will 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 in amounts and with coverages required by applicable law.
(d) Automobile Insurance. If the Association operates owned, hired
or non-owned vehicles, the Association will maintain comprehensive automobile liability
insurance at a limit of liability of not less than $500,000 for combined bodily injury and
property damage.
ll{lol.t RVS 08/1|7/97 l:16 pm
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(e) Directors' and Officers' Insurance. The Association will
maintain directors' and officers' liability coverage in the amount it determines from time
to time.
(f) Fidelity Insurance. The Association will mainrain 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, include a provision requiring at least l0 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 fidelity insurance satisfying the
foregoing requirements of the previous sentence and provide evidence of the coverage
to the Board.
(g) Other Insurance. The Association may procure and maintain other
insurance as the Board from time to time deems appropriate to protect the Association
or the Owners.
(h) Licensed Insurers. All policies of insurance required to
maintained by the Association will be placed with insurers licensed in the State
Colorado.
9.2 Owners' Insurance. Each Owner has the following responsibilities with
respect to insurance:
(a) hoperty Insurance. Each Owner will maintain at its expense (or
will cause its Permittee to maintain at its expense) property insurance upon all personal
property within the Owner's Unit or in any Limited Common Element allocated thereto,
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) provide for a
waiver of subrogation by the insurer as to claims against, and permit a waiver of claims
among, the Association, its directors, officers, employees and agents, each Owner and
the members of the Owner's household, each Security Holder, any other person for
whom the Association or any Owner or Security Holder may be responsible, and any
Insured Permittee; (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 seftlement, 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 carried under this Section 9.2(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 or Insured Permittee may select the amount and
type of such insurance, for purposes of the waiver of claims set forth in Section 9.4,
be
of
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each Owner and Insured Permittee are 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 insureds 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
$100,000; (ii) be written as a primary policy, not contributing with and not supplemental
to any coverage that the Association or another Owner carries; and (iii) 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 Owner's Unit.
(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 to protect its interests. Any such insurance will contain waivers
pursuant to Section 9.4 and will provide that it is without contribution as against the
insurance maintained by the Association.
(d) Assignment 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.
9.3 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 10 days
subsequent to expiration of any coverage, certificate(s) of insurance evidencing the insurance
required to be carried under Sections 9.2(a) and 9.2(b). The Association will provide each
Owner certificates of insurance evidencing the insurance required to be canied by the
Association under Sections 9.1(a) and 9. 1(b) and naming each owner as an additional insured
under such policies. If the insurance described in Sections 9.1(a) and 9.1(b) is not reasonably
available, or if any policy of such 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.
9.4 Waiver of Claims. The Association will make no claim against any
Owner or the members of the Owner's household, any Security Holder, any other person for
whom any Owner or Security Holder may be responsible, or any Insured Permittee, and no
Owner, Security Holder or Insured Permittee will make any claim against the Association, its
directors, officers, employees or agents, or any other Owner, Security Holder or Insured
Permittee or any of their respective employees, agents, officers or directors, for any loss,
134m.8 RMS 0Er07M 3:36 om -4t-
damage. injury or liability, and all such claims are hereby waived, to the extent that the loss,
damage, injury or liability would be covered by any insurance policy that is required to be
maintained by or for the benetit of the waiving Person under this Declaration (assuming in the
case of property insurance policies that such insurance policy is maintained on a 100%
replacement cost basis). that is in fact maintained by the waiving Person, or under which the
waiving Person is named as an additional insured. All insurance policies carried by the
Association or any Owner or Insured Permittee will contain a waiver of subrogation in
accordance with the preceding sentence. For purposes of this Section 9.4, the deductible 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 (up to the covered limits, or deemed covered limits, of the policy), the
waiving Person waives all claims for amounts within the deductible.
9.5 hoceeds. Except as provided in Section 9.2(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 may receive all
proceeds of any 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 Board will disburse the proceeds of any property insurance relating to damage to any Unit
or Common Element in accordance with Section 10.2.
ARTICLE TO
Casualty
10.1 Restoration Decision. If any Unit or Common Element is damaged or
destroyed by fire or other casualty (a "Casualty"), the provisions of this Article 10 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)
Agreement made
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The Condominium Project is terminated under a Termination
pursuant to Article 12 and, prior to the stated expiration of the
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Termination Agreement, it becomes effective according to the provisions of Section 12. l;
or
(b) At least 8O% of all Owners, including at least 67 % of the Owners
of Residential Units, and 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 specifications 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 Elemen(s) to one or more Unit(s) and the corresponding reallocation of votes
and interests allocated to the Units pursuant to this Declaration (which reallocation will
be based on the same formulas set forth in this Declaration for the allocations being
changed).
If the Condominium Project is terminated and a Termination Agreement becomes effective
pursuant to Section 12.1, the Association will perform limited restoration of the Units and
Common Elements as necessary to return 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 tenninate
the Condominium Project, the Association will perform the limited restoration and Record the
amendment to this Declaration, if any, approved by the requisite number of Owners pursuant
to Section 10.1(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 7.2(c) to the
extent necessary to cover any Restoration Deficit.
10.2 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 10. 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 12,
then each Owner will be paid its Unit's Termination Allocation of the excess proceeds
pursuant to Section 12.3;
(b) if the Owners elect not to fully restor€ all damaged Units and
Common Elements and not to terminate the Condominium Pioject, 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
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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 of the
remainder of the excess proceeds, if any: 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.
10.3 Manner of Restoration. The restoration of any Unit or Common Element
under this Article 10 is subject to the following requirements:
(a) Plans. Except in the case of a limited restoration in accordance
with Section 10.1(a) or 10.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. Any deviation from the as-built plans and specifications is deemed an
alteration and is subject to the terms and provisions of Article 8.
(b) Requirements. The Association will:
(i) 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;
(iii) perform the restoration in a diligent, good and workmanlike
manner, free and clear of all mechanics' and materialmen's liens and other
claims;
(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 construction process on other
Units or Common Elements: 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 anywhere 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 10 to ensure the completion of the restoration in an efficient
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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 10, a
"restoration" will include any repair, replacement, restoration, reconstruction,
construction or demolition required as a resirlt of any damage or destruction.
10.4 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 damase or destruction.
ARTICLE 11
Condemnation
1l.l Taking 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 condemaing authority concerning
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 10.3(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 paft 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 13, 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 subject to this Declaration.
ll.2 Taking of Conunon 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 concerning, 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
return 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 (j.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 resulted from a sale of the Condominium Project pursuant to Section 12.2;
provided, however, that the valuation date used to determine the fair market value of each Unit
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pursuant to Section 12.3 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 7.2(c).
ARTICLE 12
Termination
l2.l 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 at least 67% of the votes in the
Association are allocated, including at least 67% of the votes allocated to all Residential Units
(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, provided that those terms will be at least as favorable as the minimum terms set
forth in the Termination Agreement.
12.2 Sale of Condominium Project. 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 12.3. 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 attorney, 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, 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.€-, sales proceeds and, if applicable, 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 occupy its former Unit and remains liable for all
Assessments and other obligations imposed on the Owner pursuant to this Declaration.
12.3 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).
46-l3am.8 RMS o8fffi 3:36 Dm
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 Unit 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 10.1(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 by the Owners of Units to which at least 25% of the votes in the Association are
allocated.
ARTICLE 13
Amendment
13.f Required Votes.
(a) Amendments to this Declaration contemplated by Sections 2.7(d),
8.2 and 11. I 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 2.8(b), 2.8(c) and 2.8(g) may be made by Declarant and do nor require the
approval of the Owners
(b) Except as otherwise expressly permitted under this Declaration and
the Act, any amendment to this Declaration that increases the Special Declarant Rights,
increases the number of Units, or changes the boundaries of any Unit, the allocated
interests of any Unit, or the uses to which any Unit is restricted, requires the written
approval of all Owners.
(c) 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 of Units to which at least that percentage (as prescribed in that
clause or provision) of the votes in the Association are allocated.
(d) 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 Sales Period affecting a right
that Declarant may exercise during that period, requires the written approval of Declarant
in each case.
l3.ll02.E RMS 0t/079 3116 Dm
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(e) Exceptas provided inSections 13.1(a)through 13.l(c), and subject
to section 13.1(d), this Declaration (including the Map) may be amended by the
affirmative vote or written consent of the Owners of Units to which at least a 67 % of the
votes in the Association are allocated.
13.2 Amending 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 behalf of the Board, an amendment to this Declaration is effective only when all of the
following events occur:
(a) Approved Writing. The amendment is reduced to a writing that
is approved (by affirmative vote or written consent) by the Owners of Units to which at
least the applicable required percentage of votes 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 13.1.
(c) Recording. The approved written amendment described in
Section 13.2(a) and the certificate described in section 13.2(b) are Recorded.
13.3 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 predumption is deemed conclusive.
' ARTICLE 14
Owner's Acknowledgments and Waiyers
l4.l Owrrer's Acknowledgments.
(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 of roads, trails, ski trails, skiways and other facilities relating to the
Mountain Recreational Areas (including, without limitation, tree cutting and clearing,
l34lO:.E RMS 00/Vrl97 3:16 om
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Y
itdin-q and earth movir .)ther construction activities, constiuction, operation and
nraintenance of access i, .. snow-making equipment, chairlitis. gondolas or other
transportation systems, ()l'r::ition of vehicles and equipment relating to trash removal,
snow removal, snow grt,r,,rrllg, and over-the-snow or over-the-terrain transportation
ourposes, and operation of 'l'ety and supervision vehicles); (iii) activities relating to the
:rse of the Mountain Ree rnal Areas (including. without limitarion, skiing, snow-
.'oarding, ski-patrol acti.. -,. and other over-the-snow activities. hiking, horseback
riding. bicycling and othc -'creational activities; (iv) ski racing and organized events
lnd competitions relating ihe activities described in clause (iii) above; (v) concerts,
fireworks displays. and o' performances and special evenrs: (vi) restaurants, clubs,
!-estrooms and other publie : tacilities; and (vii) public access to adjacent U.S. National
Forest Service lands). The rVlountain Activities may occur during daytime and nighttime.
(b) Construction Activities. The Condominium Project is located in
an area that is subject 'r or near ongoing construction activities relating to the
development of adjacen. rroperties and the Mountain Recreational Areas (the
"Construction Activities" The Construction Activities are expected to generate an
unpredictable amount of ..ble, audible and odorous impacts and disturbances. The
Construction Activities r' ' include, without limitation: (i) construction traffic
iincluding, without limit construction vehicles, equipment and vehicles used or
owned by Declarant, adja,- . . iandowners, and the employees, a_9ents and contractors of
either of them; and (ii) c .,r'ruction activities (including, without limitation, grading,
excavation, clearing, site .i'ork and construction of improvements) relating to the
fondominium Project, n.-. nroperties, or the Mountain Recreational Areas.
(c) Cori...,crcial Activities. A variety of commercial activities are and
., ill be conducted in an Jjacent ro rhe Condominium Project (rhe "Commercial
":tivities"). The Comr' 'l Activities are expected to generate an unpredictable
nount of visible. audil" 'd odorous impacts and disturbances. The Commercial
...ctivities may include, \\ Jr limitation: (i) retail sales and rentals of clothing, skis,'.i-related equipment, ori' :r-rhe-snow equipment, and other recr:ational equipment:
.itsales of tickets for ', :tts, gondolas, other transportation systems, and other
Lctivities and events cond I on the Mountain Recreational Areas; (iii) restaurant and'rr operations (includin 'rout limitation, sales of food and alcoholic and non-
. -.,rholic beverages for c, ..rrion on and immediately adjacent at rhe Property and at
',ther locations, preparati' hot and cold food and beverages at indoor and outdoor
facilities on and immediatu adjacent to the Property); (iv) sales of services relating to
skiing, other over-the-sno\\ ; i ivities, and other recreational activities (including, without
.rmitation, ski schools a Lher forms of individual and group lessons, tours and
r':cursions); (v) public u: .re Property and the Building for access to the Mountain
?':creational Areas, vehi' rrssenger drop-off and pick-up. locker room, changing' ,)m, rest room and lor: :r-poses in designated areas, and ,\lt{'!'t-term clothing and
.ripment storage; (vi) pr: - lctivities (including, without limitarion. activities relating
.alet parking or the Pf .ub); (vii) the installation, openrr; : and maintenance of
r,iuminated and non-illun :d signage; (viii) meetings and conferences; (ix) public-
ll.r't0t 3 !
49-
address speaker system announcements; and (x) 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 occurence 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 gross negligence or willful misconduct of the operators of the
Mountain Recreation Area or their successors or assigns.
14.2 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 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.
14,3 hivate Club. The real property located immediately to rhe west of the
Property may be occupied by parking and other facilities operated by a private club (the "Private
Club") for the benefit of its members. The Private Club may also occupy and operate other
facilities located on kvels I and 2 of the Building and may have nonexclusive rights to use the
area encumbered by the Driveway Easement. The parking and other facilities of the Private
Club, wherever located, are referred as to the "Private Club Facilities." By taking title to a
Unit, each Owner acknowledges that no right, title or interest is created or arises, from
ownership of a Unit or membership in the Association, in or to the Private Club, the Private
Club Facilities, or any membership in the Private Club. Any right, title or interest that any
Owner acquires to membership in the Private Club or the Private Club Facilities may be created
or arise, if at all, only through a separate agreement with or license granted by the Private Club
and is not derived in any way through ownership of a Unit or membership in the Association.
14.4 Disclaimer. Declarant makes no representations, covenants or warranties
to any Owner concerning the nature, scope, schedule or continuation of activities operated or
conducted in or relating to the Mountain Recreational Areas (including, without limitation, the
Vail ski area), Private Club, or Commercial Units. By taking title to a Unit, each Owner
acknowledges that (a) the activities may be discontinued from time to time or permanently after
Ila3f2.6 RMS m/()7/y, }15 pm
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the date of this Declaration; (b) the activities may nor be operated or conducred 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,
Private Club, or Commercial Units than occur or are contemplated on the date of this
Declaration.
ARTICLE 15
Conveyancing and Encumbrancing
15.f Units. Any conveyance of a Unit includes 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 identifying number of the Unit, (b) the name of the Condominium Project,
(c) the date of recording and the recording data of this 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 tlte undivided interest in the Common Elements, any rights to use any
Limited Common Elements, and all Easements, rights and other benefits allocated or appurtenant
to the Unit as provided in this Declaration. A Person who becomes an Owner will promptly
notify 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.
15.2 Common Elements. Except as otherwise provided in Article 12 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 Section 38-33.3-312 of the Act, with the written approval of Owners of Units
to which are allocated 80% of the votes in the Association, including 80% 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 15.2 will be distributed to the Owners in accordance with Article 11,
as if the proceeds are an award paid as a result of the condemnation of the Common Element.
15.3 Transferee Liability.
(a) General. If any Unit is voluntarily or involuntarily transferred to
any Person, the transferee of the Unit (the "Transferee") is liable for all Assessments or
Assessment installments against the Unit beginning as of the time of transfer; provided
that the Transferee's interest in the 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
lla3o2.E RMS 00,/(r,/y, l:36 pm
-51-
delinquent at the time the First Mortgage is Recorded, or (ii) which become due after the
First Mortgage is Recorded to the extent of an amount equal to Assessments based on
a budget adopted by the Board and ratified by the Owners pursuant to Section 6.4 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 15.3(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.
15.4 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 parfy, 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 furnished by
the Association pursuant to this Section 15.4 is binding on the Association, the Board and every
Owner. Such Owner's Unit is not 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 Sectionl5.4, the unpirid 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 16
General Provisions
16.f 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 all Owners who would be required to approve an amendment to this
Declaration pursuant to Section 13.1 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
l3.r3r):8 RMS {)n',r)rr{)7 1:,16 nnl -52-
or the application of any of them to any person or circumstance will not impair or affect in any
manner the validity, entbrceability 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.
16.2 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 mixed-use 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 anv
part of it.
f 6.3 Notices. Except for notices concerning meetings of the Association or the
Board, which will be -eiven 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, return
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, its address
most recently given to the Association by notice from the Security Holder. 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 16.3. The Association or the Board may change its
address for purposes of notice by notice to all Owners in accordance with this Section 16.3.
Any such change of address is effective five days after the required notice is given.
16.4 Alternative Dispute Resolution.
(a) General. Any dispute regarding the amount of any Assessment,
as described in Section 7.7 (an "Assessment Dispute"), will be resolved in accordance
with the alternative dispute resolution procedures described in this Section 16.4. The
Owner disputing an Assessment in the case of an Assessment Dispute is the "Initiating
Party." Additionally. any other dispute among one or more Owners, Declarant or the
Association relating to the provisions of this Declaration, the Bylaws, or the Rules (an
"Optional Dispute") will, if all parties to the dispute enter into an Initial Agreement
pursuant to Section 16.4(b), be resolved in accordance with the alternative dispute
resolution procedures described in this Section 16.4. Any party to an Optional Dispute
may initiate the procedures set forth in this Section 16.4 (the "Initiating Party") by giving
written notice to the other parties to an Optional Dispute (a "Dispute Notice"). All
parties to a dispute are referred to as the "Disputing Parties.,'
(b) Choice of Procedure. Within 15 days after a Dispute Notice is
given to the Disputing Parties (the "Initial Agreement Period"), all Disputing Parties will
agree in writing to either (i) mediate the dispute under Section 16.4(c), (ii) submit the
dispute to arbitration under Section 16.4(d), or (iii) submit the dispute to arbitration
l3alo2.6 RMS 06/07y| 3:36 pm
-53-
under Section 16.4(e). An "Initial Agreement" is a written agreement made by all
Disputing Parties pursuant to this Section 16.4(b). If the Disputing Parties fail to
unanimously agree to and execute an Initial Agreement within the Initial Agreement
Period, then: (l) if the dispute is an Assessment Dispure, it will be submitted to
arbitration under Section 16.4(e); or (2) if the dispute is an Optional Dispute, the
Disputing Parties may seek any remedy permitted under this Declaration.
(c) Mediation. If the Disputing Parties agree in an Initial Agreement
to mediate the dispute, then, within 30 days after the Initial Agreement Period expires
(the "Mediator Selection Period"), the Disputing Parties will unanimously select, in a
written agreement, a mediator having qualifications satisfying the requirements of in
Section 16.4(0 to mediate the dispute (a "Mediator"). If the Dispuring Parties fail to
unanimously select a Mediator within the Mediator Selection Period, then the dispute will
be submitted to arbitration under Section 16.4(e). If a Mediator is selected, then the
Disputing Parties and the Mediator will commence mediation proceedings as soon as
practicable. If the dispute is not resolved by a binding agreement executed by all
Disputing Parties within 30 days after the Mediator Selection Period expires, then the
dispute will be submitted to arbitration under Section 16.a(e). Each of the Disputing
Parties will bear its own costs and expenses relating to the mediation of the dispute, and
all Disputing Parties will equally bear the costs and expenses of the Mediator.
(d) Arbitration Agreement. If the Disputing Parties agree in an Initial
Agreement to submit the dispute to arbitration under this Section 16.4(d), then, within
30 days after the Initial Agreement Period expires (the "Arbitration Agreement Period"),
all Disputing Parties will agree to and execute a written agreement concerning the
arbitration procedures to be followed regarding the dispute (an "Arbitration Agreement").
An Arbitration Agreement will contain at least the following mandatory provisions: (i) a
schedule and procedures regarding the selection of a Panel; (ii) qualifications for the
arbitrator or arbitrators selected for the Panel satisfying the requirements of
Section 16.4(f); (iii) a schedule and procedures regarding the discovery ofevidence; (iv)
procedures to be used by the Panel to hear evidence and decide the dispute; (v) the
decision of the Panel concerning the dispute submitted to arbitration pursuant to the
Arbitration Agreement will be final and binding upon all Disputing Parties; and (vi) the
Arbitration Agreement is not effective until signed by all Disputin_e Parties. The
arbitration of the dispute under this Section 16.4(d) will proceed in accordance with the
schedules and procedures set forth in the Arbitration Agreement. If all Disputing Parties
fail to agree to and execute an Arbitration Agreement within the Arbitration Agreement
Period, then the dispute will be submitted to arbitration under Section 16.a(e). The
decision of the Panel concerning any dispute submitted to arbitration under this
Section 16.4(d) will be final and binding upon all Disputing Parties.
(e) AAA Arbitration. If the Disputing Parties agree pursuant to an
Initial Agreement to submit the dispute to arbitration under this Section 16.4(e), then
within 10 days after the Initial Agreement Period expires the Initiating Pany will deliver
to the American Arbitration Association (the .AAA") and to each of the other Disputing
Parties (i) written notice of the arbitration (a "AAA Notice"), (ii) a copy of the Initial
l!41n.8 RMS o8fi/Yl 3:36 om
-54-
Agreement, and (iii) a copy of this Declaration and the Bylaws. If the dispute may be
submitted to arbitration under this Section 16.4(e) pursuant to the procedures of either
Section 16.4(c) or 16.4(d), then, within 40 days after the Mediator Selection Period
expires (in the case of Section 16.4(c)) or within l0 days after the Arbitration Agreement
Period expires (in the case of Section 16.4(d)), the Initiating Party will submit to the
AAA and to each of the other Disputing Parties the items specified in clauses (i) though(iii) of the previous sentence and a sworn affidavit that the conditions of either
Section 16.4(c) or 16.4(d) have been satisfied in order for the dispute to be submitted for
arbitration under this Section 16.4(e). If the Initiating Party fails to submit the AAA
Notice and other required items within the appropriate period, then any of the other
Disputing Parties may deliver a AAA Notice and all other required items to the AAA and
all other Disputing Parties within the l0-day period followin-s such period. If a AAA
Notice and all other required items are not delivered as required by this Section 16.4(e),
then the claims of the Disputing Parties relating to the dispute are deemed to be moot,
and none of the Disputing Parties may have any remedy relating to those claims. Any
dispute to be resolved pursuant to this Section 16.4(e) will be submitted to arbitration in
Eagle County, Colorado before a Panel of one or more arbitrators under the supervision,
rules and procedures of the AAA then in effect, as modified by this Section l6.a(e). If
the dispute relates to the amount of any Assessment, or if the dispute relates to money
damages or an amount owed resulting from an alleged violation of the provisions of this
Declaration or the Bylaws by one or more of the Disputing panies, then (i) if the amount
in dispute is $250,000 or less, the Panel will consist of one arbitrator; or (ii) if the
amount in dispute exceeds $250,000, then the Panel will consist of three arbitrators.
Each arbitrator will have qualifications satisfying the requirements of in Section 16.4(0.
The Disputing Parties will select the Panel; provided, however, that if they are unable
to agree upon the selection of the Panel within 30 days after the AAA Notice and all
other required items are delivered as required by this section 16.4(e), then the AAA will
select and implement a method of selecting the Panel. The decision of the panel
regarding the dispute is final and binding on all Disputing Parties.
(f) Mediators and Arbitrators. Any mediator or arbitrator selected
pursuant to this Section 16.4 will (i) be an attorney or other real estate professional
licensed by the state of colorado; (ii) have at least 10 years experience with the
formation of condominium projects and associations and the issues relating to the
operation and administration of condominium projects and associations; (iii) have
demonstrable experience as a mediator, in the case of the selection of a mediator, or
arbitration, in the case of the selection ofan arbitrator; and (iv) be an individual who has
not been emptoyed or otherwise compensated for work or services by any of the
Disputing Parties.
(g) Costs of Arbitration. The cost of the arbitration proceedings
under either Section 16.4(d) or 16.4(e), including the reasonable attorneys' fees and
expenses of all Disputing Parties, will be paid by the party(ies) which is or are the non-
prevailing party(ies) in the arbitration proceedings (in equal shares, if there is more than
one non-prevailing party). In any arbitration under this Section 16.4, the Panel will
determine, in addition to any matters submitted by the parties, which party(ies) is or are
13..I):.E RMS 0807qf l:16 pm
-55-
the prevailing party(ies). The prevailing party(ies) is or are the party(ies) who prevail(s)
on substantially more of the matters submitted to arbitration (including, without
limitation, claims, defenses, remedies and amount of damages sought) than any of the
other parties to the arbitration.
16.5 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 16.5 prevents the sale or encumbrance of
all or a portion of the Common Elements in accordance with Section 15.2.
16.6 Assignment of Special Declarant Rights. Declarant may assign any or
all of the Special Declarant Rights in accordance with Section 38-33.3-304 of the Act.
16.7 Taxation of Units. Upon Recording this Declaration, Declarant will
deliver a copy of it to the assessor of the Counfy of Eagle in accordance with
Section 38-33-105(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 be assessed against each Unit in accordance with the
Unit's Common Allocation and may not be separately assessed or taxed.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the dav and
year first above written.
DECLARANT:
VAIL RESORTS DEVELOPMENT
'"-'^Dffi;orporarion
By:
, its
13430.8 RMS oM}7/9 l:36 on
-56-
STATE OF COIJORADO )
) ss.
coUNTYoFEAGLE )
The forcgoing Declaration was acknowledged beforc mc this _ day of
, 199_, by as of Vail
Resorts Development Company, a Colorado corporation.
Witness my hand and official seal.
Notary Public
My Commission Expires
4or,
rf.!{n.t rMs ot tt
'?
1!6 F -57-
Exhibit A
LEGAL DESCRIPTION OF TIIE PROPERTY
A-1
l3a3@.t RMS o&OlM 3:36 Dltl
Exhibit B
COMMON ALLOCATIONS
Rcsidential Units
Subtotal
Commercial Units
Subtotal
TOTAL
RI
R2
R3
R4
R5
R6
c1
c2
c3
c4
c5
c6
c7
Common Allocation
8.152 %Jf,78il-az_00
8.683 %5.a22 %i,7fFirg
6.468 %
LO.787 %2.440 %qqoz %
6.O38 %16.168 %
za*a %
8.760 Vo
58.8?8 %
100.000000%
B-l
l!{E.l tl,rs t!0?r9 !:!6 pn
Exhibit C
ALLOCATION OF PARKING SPACES AT'ID STORAGE SPACES
s-1
s-2
s-3
s-4
s-5
s6
R1
R2
R3
R4
R5
R6
Residential Unit Parkine Space(s)
P-_ & P-_
P-_ & P-_
P-_ & P-_
P-_ & P-_
P-_ & P-_P- &P-
Storace Snace(s)
lta!(n,! RMS o0r|}?/y' l:!6 En c-l
Exhibit D
LEGAL DESCRIPTION OF THE DRIVEWAY EASEMENT
D-1l3a3@.1 RMS o8./Crrl9, l:16 pn
iesign Review,q,cl?on Form
TOWN OF VAIL
ProjectName: Schwab Residence - Golden Peak -
Project Description: Changes to exterior lighting
Owner. Address and Phone: Ilelen Schwab
ArchitecVContact, Address and Phone:
58.ril3?O,
Morter Architects, 143 E. Meadow Dr., Vail
hoject Street Address: 458 Veil Valley Drive
Legal Description:
Parcel Number:
Tract F, Veil Village 5th
Comments: Floods epproved with 20 watt bulb
BuildingName: GoldenPeak
Motion by:
Seconded by:
Vote:
Conditions:
Town Planner: Dominic Mauriello
Date: ll-6-97
Board / Staff Action
Action: staffapproved
F:IEVERYONE\DRB\APPROVAL\9n scHwAB.N06
DRB Fee Pre-Paid: $20.00
-T6q7=1997
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APPLICATTON FOR DESIGN IIEVTEW APPROVAL
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CFNFqAL INFORMAT'oN
'this rppticorion ir for rny project Fquiring DGiSr Rcview appovrl. Atty proj, ct rquiring tlcsign rwiY "Yt .- ,
rcsrive Dcsign n.rio, approJii pri"" to iiur,ri ti'r,g frn a buiiding pcrrnit. Fon pccific informction' scc thc submitial
,"q"it..*tifo. *t"pot iirf-"pi,t""Jri"t b toqiorcO. The rpliigtion cerur ttbc acftpcd unll d-llt€:cquirc.d
inform.rtioo is subminsd. Th. p-i* ,*y also occd to bc rovici"d Uy rhc Tow r Co.ncit rn4tor thc Pbnning rad
Envimnmcntal Csnrrission. Dcrlgr RevlCw Borrd rpprovel crpirer onc yc'r rftor llld rpgrOvd rDleSf I
building germit ir Fruod rld co$tructios i0 atrrt'd'
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NAME OF APFLICANT;
MATLING U0$-O+10
TYPE OF RPVIEW AND FEE:
El Ncw Colrtruction - 1200
tr AtJdition - t30
Constnrctioo ofe ncw building-
tnclsdca rrry addilion whotc aQ$arc I )ots8t is tddcd to ony nxidcotial u
lMiror Arrerrtion - @) ;ffill*'$H*ro buildings ud sirc inrprovemcnts' srrh as,t
reroof,ng, priltirg ;indo, ldditior I lrr&caping" l'arces and rctrinintr
walle, gtc,
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A, Hecrvy puie copper shode
B. Solid brqss screw jiniol ,
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E. Cqstoluminum wqll plote d pure coppirr cover
n I20V supply, l'1.6V outpuf el6ctronic trqnsformer
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Town ol Vall
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Vail, CO 81657
001 0000 314 1110
001 0000 3'141112
001 0000 3141112
001 00003141112 Unilorm Mechanical Gode
001 0000 314 1 1 12
001 0000 3141112
00100003141112
001 0000 3141211
001 00003141111
001 00003141111 Studies, Master Plans, etc.
001 0000 31s 3000
001 0000 311 2300
00't 0000 315 2000 Ofl Hours lnspeclion Fees
00100003123000
00100003124000
001 00003124000
001 0000 3112200
001 0000 315 3000
001 0000 31 2 1000 Reslaurant License fee
Assess.-Restauranl Fee to Co.Deot.Rev.
'0010000201 1000
"001 0000 3101100 4.0% (Town) - Retail
001 0000 311 2500 PEC APPLICATION FEES
001 0000 311 2500
001 0000 311 2500
001 00003112500 Exterior Alleration - Less than 100 so. ft.
00100003112500 Exlerior Alleration - More than 100 so. ft.
00100003112500
001 0000 311 2500
00100003112500
001 0000 311 2500
001 0000 311 2s00
00100003112500
cash- Moneyorder# @
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Please make checks payable to the TOWN OF VAIL
R"ECEIPT - Thc Town of Vril
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, lg--!-L N: 48186
y\Ot t e. t t\v( tt tr(tRECEIVED FROM
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Permit Numbers Police Receipt Numbers
VTHow PAID--cash-Che "k
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-Serator:_lQUtlDT Check: 616gDatez l0lfltll 0l Receipt: mm604ta.mflrount Tenderrd ,e'd:04
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Tom of gril|+I O.BTffiR RECEIPT TTT
OI'JER: RS}frIDT F8 DffiR: I
DATET L0l?4197 et RECEIpT: effi04
HIIIT IF TI
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DESISI RE'JIEII FE
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