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Mauriello Planning Group
April 15,2014
Warren Campbell, AICP
Chief of Planning
Town ofVail Community Development Department
75 S.Frontage Road
Vail,CO 81657
Re: DRB Submittal for exterior modifications to the Vista Bahn Building,located at 298 Hanson Ranch Road/ Lot C,
Block 2,Vail Village Filing 1 (Parcel#2101-082-42-001)
Dear Warren:
Mauriello Planning Group is submitting this DRB application for exterior modifications of the Vista Bahn Building on behalf
of the owner of the property,Remonov & Co.Inc. All of the proposed improvements are allowed in the CC 1 zone district
without the need for any additional review by the Planning and Environmental Commission. The proposed improvements
are to the second floor of the Vista Bahn Building to accommodate a new restaurant. No floor new area is being added
with this proposal.
The proposed improvements proposed with this DRB application include the following:
1. Pedestrian access bridge on south elevation to provide a connection from the second floor to the Vail Resorts
owned tract and the pedestrian path at the rear of the building (south side). This new access bridge is consistent
with the other improvements currently located in the same area which provide access to the garden level of the
building. The owner secured an easement from Vail Resorts (attached) which allows this type of improvement.
Years ago, a previous design was approved by the Planning and Environmental Commission (PEC) which also
included an outdoor dining area. This outdoor dining component generated the need for a Conditional Use Permit
in the previous approval. This application is a a smaller bridge for egress and ingress only which does not require
PEC approval. A copy of the proposal was sent to Vail Resorts. The easement does not require any consent from
Vail Resorts.
2. In the old Tap Room space on the second floor, minor changes to the interior will allow for a better flow around
the new proposed restaurant. This includes the relocation of mechanical equipment (air intake) to the exterior of
the east elevation. The equipment is fully screened and located in the same area as the previous intake. A new
floor plan for the restaurant will be forthcoming once the new tenant has completed that design.
3. On the exterior of the second floor:
a. Doors will be replaced. The doors will look exactly same except that they will extend down to the floor level.
Today there is a threshold step that causes customers to trip going in and out to the deck areas. In some
locations,windows will replace the removed doors.
b. The mechanical will be relocated to the east elevation and enclosed to screen from view. The mechanical
enclosure on the second story does not add any new site coverage as it is above the existing basement area.
Each of these proposed changes is indicated on the plans from TAB Associates dated April 15,2014,and included with this
submittal. Thank you for your time and consideration on this matter. We look forward to meeting with the DRB on this
application. Should you have any questions,please do not hesitate to contact me at 970.376.3318.
Sincerely,
44:J\
Dominic E.Mauriello, AICP
Principal
PO Box 4777 970.376.3318
Eagle, Colorado 81631164 www.mpgvail.com
Mauriello Planning Group
Ir''?
EASEMENT AGREEMENT
�- t
THIS EASEMENT AGREEMENT, effective the day of Mut../
, 2000, is by and between THE VAIL CORPORATION, a J
Colorado Corporation doing business as VAIL ASSOCIATES, INC.
( "Vail" ) , and ROMON9V AND COMPANY, INC. , a Colorado corporation
( "Owner" ) . R{,mDnov
RECITALS
A. Vail is the owner of Tract E, Vail Village Fifth
Filing, Town of Vail, Eagle County, Colorado, according to the
plat recorded on April 25, 1995 in Book 665 at Page 983 in the
records of the Eagle County, Colorado, Clerk and Recorder ( "Tract
E" ) .
B. Owner is the owner of that certain project known as The
Vista Bahn Building located on lot c, Block 2 , Vail Village First
Filing, Town of Vail, Eagle County, Colorado, according to the
recorded plat thereof ( "The Vista Bahn Building" ) .
C. The Vista Bahn Building is adjacent and contiguous to
Tract E .
D. Vail has previously permitted certain improvements to
be constructed for the benefit of The Vista Bahn Building on a
portion of Tract E as more particularly described on Exhibit A
attached hereto and by this reference made a part hereof (the
"Easement Parcel" ) .
E . Owner has requested that Vail grant to Owner an
easement upon the Easement Parcel for the purpose of the
construction, reconstruction, repair, replacement, existence and
use of such improvements benefiting The Vista Bahn Building, and
Vail is willing to comply with such request, subject to the terms
and conditions set forth herein.
GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the premises and the
covenants contained herein, Vail hereby grants and conveys unto
Owner a perpetual, non-exclusive easement on, upon, over, under,
through and across the Easement Parcel for the benefit of the
Vista Bahn Building subject to the terms and conditions set forth
below (the "Easement" ) , the Easement Parcel and the Easement
sometimes hereinafter collectively called the "Easement" .
1 . Use . The Easement shall be used solely for the purpose
of the construction, reconstruction, repair, replacement,
existence and use of stairway and sidewalk, patios, decks,
retaining walls, signs related to the businesses, residences (if
any) and activities on said Lot c, utilities (and associated
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meters) , and pedestrian ingress and egress by the general public,
Owner and the Permittes (defined below) between Lot c and Tract
E. Subject to the above restrictions, Owner shall be entitled to
make the Easement available for use by the owners, residents (if
any) and tenants of The Vista Bahn Building and their respective
agents, tenants, employees, licensees, guests and invitees,
(collectively, the "Permittees" ) .
2 . Easement Appurtenant . The Easement shall run with the
land and shall be appurtenant to lot c and Tract E so that a
transfer of title to lot c and/or Tract E shall automatically
transfer the burdens and benefits of the Easement under this
Easement Agreement .
3 . Liability for Injury. Vail shall not be liable to
Owner, the Permittees or to any other person whomsoever or entity
whatsoever for or on account of any injury or damage to persons
or property occasioned by reason of Owner ' s or the Permittees '
use of the Easement .
4 . Indemnification. (a) Owner agrees to indemnify, defend
and hold harmless Vail, its subsidiaries and affiliates, their
respective officers, directors, agents, servants and employees
from and against any claims, demands, liabilities, damages,
liens, actions or causes of actions whatsoever, including
reasonable attorney' s fees, (i) arising out of or related to any
loss, cost, damage or injury, including death of any person or
damage to property of any kind occurring in connection with or
arising out of Owners ' s or the Permittees ' use of the Easement or
(ii) arising out of or caused by the willful misconduct or
negligent acts, errors or omissions of Owner or the Permittees .
(b) Vail agrees to indemnify, defend and hold harmless Owner, its
subsidiaries and affiliates, their respective officers,
directors, agents, servants and employees from and against any
claims, demands, liabilities, damages, liens, actions or causes
of actions whatsoever, including reasonable attorney' s fees,
arising out of or related to any loss, cost, or damage to Owner ' s
improvements located on the Easement Parcel occurring in
connection with or arising out of Vail ' s use of the Easement .
5 . Retention of Rights . Subject to the terms and
provisions of this Easement Agreement, Vail specifically retains
all its right, title and interest in and to the Easement Parcel .
6 . Entire Agreement . This Easement Agreement contains the
entire agreement and understanding of the parties with respect to
the entire subject matter hereof, and there are no
representations, inducements, promises or agreements, oral or
otherwise, not embodied herein. This Easement Agreement
specifically supersedes any and all prior discussions,
agreements, proposals, negotiations and representations relating
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hereto.
7 . Counterparts; Facsimile Transmission. This Easement
Agreement may be executed by facsimile and/or in any number of
counterparts, any or all of which may contain the signatures of
less than all the Parties, and all of which shall be construed
together as but a single instrument and shall be binding on the
Parties as though originally executed on one originally executed
document . All facsimile counterparts shall be promptly followed
with delivery of original executed counterparts .
8 . Successors and Assigns . The terms, covenants and
conditions of this Agreement shall be binding on the successors
and assigns of all parties hereto.
9 . Miscellaneous . (a) If any clause or provision of this
Easement Agreement shall be held to be invalid in whole or in
part, then the remaining clauses and provisions, or portions
thereof, shall nevertheless be and remain in full force and
effect .
(b) No amendment, alteration, modification of or
addition to this Easement Agreement shall be valid or binding
unless expressed in writing and signed by the parties to be bound
thereby.
(c) The captions of each section are added as a matter
of convenience only and shall be considered of no effect in the
construction of any provision of this Easement Agreement .
(d) If any party hereto shall bring any suit or action
against another for relief, declaratory or otherwise, arising out
of this Easement Agreement, the prevailing party shall have and
recover against the other party, in addition to all court costs
and disbursements, such sum as the Court may adjudge to be
reasonable attorneys ' fees .
(e) This Easement Agreement shall be governed by and
interpreted in accordance with the laws of the State of Colorado.
1111111111111111111 III 1111111 11111 11111 III 1111111111111
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IN WITNESS WHEREOF, the parties hereto have executed this
Easement Agreement to become effective as of the date first
written above .
THE VAIL CORPORATION
a Colorado corporation
d/b/a Va ' ._- .tes, Inc .
BY: ac._...rAL
Name :
Title : r. ; • - ' e
QWNER:
Kemen°V
Retitttlerr AND COMPANY
a Colorado corporation
By: 4414/161)/ L
Name : ,eiG Fitj24, ,4Title :: o,,t
STATE OF COLORADO
} ss .
COUNTY OF EAGLE
r The foregoing instrument was acknowledge before me this
day of Ma- , 2000 , by tharlik A . Re tVh as
- tic. Prr4id en r-bf THE VAIL CORPORATION, a Colorado corporation
doing business as VAIL ASSOCIATES, INC .
Witness my hand and official seal .
My commission expires : 61 -) t - ) 0 U
01A4-144
CrN� A7pNotary Public
`f) ' AVBL1C 1111111111111111111 III 1111111 VIII IIIA III 11111 ILII 1111
19TH: ............
OF COL" 729915 05/1B/2000 02:3BP 173 Sara Fisher
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STATE OF COLORADO
ss .
COUNTY OF EAGLE
6 The fore oing instrument was acknowledged before me this
1rday of , 2000 , by 1" iclurc1 I'f1uelLer as
re.Sidan� Vof MGMONOV AND COMPANY, a Colorado
corporation. rnonoV
Witness my hand and official seal .
My commission expires : 1-- 4-- 2c3
Notary Public
. �. 1 e
I illi 11111 1111111III 1111111VIII 11111 III 11111 liii Jill
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ExA ;b;- A
PROPERTY DESCRIPTION
That part of Tract E, A Resubdivision Of Tract E, Vail. Village,
Fifth F ling, And A Part Of Lot c, Block 5-C, Vail Village, First
F ling Ard Golden Peak House, according to the map thereof
recorded in the office of the Eagle County, Colorado, Clerk and
Recorder, described as follows :
Beginning at the most southerly corner of Lot c, Block 2, Vail
V llage, First F ling, according to the map thereof recorded in
the office of the Eagle County, Colorado, Clerk and Recorder;
thence, along the southeasterly tine of said Lot c, N59°45 ' 00"E
50. 00 feet to the most easterly corner of said Lot c; thence,
along the westerly line of Tract H, said Resubdivision Of Tract
E, 517'59 '49'W 32 30 feet to the southwesterly corner of said
Tract H; thence, departing said westerly line of Tract H,
S60° 10 '35"W 25. 90 feet; thence N30° 15 ' 00"W 21 . 32 feet to the
Point Of Beginning, containing 813, 9 square feet, more or Less
Date; _� / __ -or - ---
Stan Hog •t
Colorado P . L . S . 26598
l 11111111
11111111111111111111 u mi 11111111 i111 1111
729915
R030 000D00 0036P /73 Sera N 0.00 EagleCO
40 0 40 80 120 Feet
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LOT c \
CHRISTIANIA AT VAIL
\ CONDOMINIUMS 1
N 59°45'00" E \sETZRNERNESS
50.00' 0. N 1732.°5930'49" E
\ 5'
BRIDGE STREET LODGE SET 4' W.C.
TO CORNER
S 30°15'00"
E ! \''"
2
21 .32' .� SET 2' WITNESS CORNER
---.' /
.---' ''...ilk ET 4' WITNESS CORNER
5' UTILITY
i EASEMENT
N 60°10'35" E
25.90
EASEMENT LINES TO BE AREA OF DESCRIPTION
CREATED 813.9 SQ. FT.
TRACT E