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HomeMy WebLinkAboutDRB16-0161 Final Approved Plans.pdf 11 RECo �*rrrrnn — ment of Community Development IVSD 75 South Frontage Road TOWN 0F UA+i� ► Vail, CO 81657 By cgodfrey at 3:13 pm, May 09, 2016 Tel: 970-479-2128 OAOm Developrpeet,R tmretto Application for Design Review STAFF APPROVAL. Exterior Alteration - z ELATE: �� '.�.rkA-r-r eANrzt— General Information: This application is required for all proposals involving minor chtproeVo buildings and site improve- ments, such as roofing, painting window additions. landscaping, fences. retaining'walls, e'tc:—Applicable dir own Code sections can be found at www.vailgov.com under Vail Information—Town Code Online. All projects requiring de- sign review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building per- mit is issued and construction commences. Fee: $250—Multi-Family/Commercial $20—Single Family/Duplex Single Family Duplex Multi-Family Commercial Description of the Request Replace Existing Patio Railing for proposed new Patio Railing per attached documents Physical Address: 201 Gore Creek Dr. 2101-082-63-015 Parcel Number: k 04416c #I (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: lhftirrxlor eispel4t><x hermann staufer Mailing Address: 201 Gore Creek Dr Vail, Colorado 81657 Phone: 970 476-4746 Owner's Signature: _ Primary Contact/Owner Representative: Mark Hallenbeck Mailing Address: 120 Willow Bridge Rd Suite 7 Vail, Colorado 81657 Phone: 970 476-4458 E-Mail: markh©rockymountainconstructiongroup corn Fax: For Office Use Only: Cash_ CC Visa/MC Last 4 CC# Exp. Date. Auth # Check# Fee Paid / Received From: Meeting Date Qrt( f ( 6 - _ ORB No.. :512R1A —Cl Planner __ Project No: Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision:_ Oct 2014 TOWN OF VAIL ' JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi-tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi-tenant building.All completed forms must be submitted with the applicants completed application. 1,'\, 1 I, (print name) i E , 6', tt.J 1'(AIS T.4`- 1 __a joint owner, or authority of the association, of property located at vii 5a0(k f .f� iota. vie.tL,P Colo. , provide this letter as written approval of the plans dated LI -t7 i i _ which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: NEW l -rw IeVf-i Lin16 o,v NOWT WT 14 S I IAL CAP L ute is Loi` tk'ti STH 1)(,174 , I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an applica -on Its in the applicant agreeing to this statement. % •. . LSiil/4 re Date Print Name TOWN OF VAtl DESIGN REVIEW STAFF APPROVAL fATE: -- :_L Li ______ Ir ,. F_ FIRST AMENDED CONDOMINIUM MAP OF BELL TOYER CONDOMINIUMS A PART OF LOT a, BLOCK 5-B VAIL VILLAGE FIRST FILING TOWN OF VAIL, EAGLE COUNTY, COLONN OF VAS REVI�1�1 STAFF APPROVAL �'-a; -----1sem: r�'� _ .Ur-- PAYERIVOR � Q ` :P. EDESTREIWYAtI _ �Arte -�o °fUh� � PART OF LOT a ,E 4t.ao �l� S1Qr43. 0'E BLOCK 5—B 21.99.VAIL VILLAGE FIRST FILING ��.1.._„,.,,,01::::14710:40101i3/211:040:0:160:00:: ='.,'01::•••r`0 � :0 w I] ,i -_; - STONE vE ER w►LL MN. 9d3d�) arst-01- ` P1�W lER {- 5 t O'43'0Q"'E 1.5. TO"*L- Irbirl-IVirli 0 gLiN'H 51.51CcE Dm ‘WV 11°Cilt 24-* .1 t.0 OT : 1q9 ,4 g 4.7'0 w To� Pkiio VI' ,.Q• :! I. 0' 10. '.4 !i '' I SC, BU��IC '71... OVERHANGn !1 I 1. arcf+ni°c Q1"' 006( GO As 0 Si I:LrCa 'I 4,• ea Ln wN 40 0s5 /� •� H ❑Z II a� 0, wee *. •,�,*,r Q w a ;� i 4 `u o i A•�I i - I. ` D = a+ \REE1CSIDE ~ o w limo. QtryU •■ ! _A (n Zi J LJ .41 `w �'�' qty a �� bf4 y uowC 1 7 W o 6. PATIO AREA 0 ca ur L Z60 • = 1a Q BELL. :o REVISION: CREEK DATI : 4120116 S�il � � 01,TOWER ° ' JOB: 10 LODGE _ Nonni *C1S[ 1•.00. 1 c.a.; it;a3. ■i 4 . . 1 . S • ROCKY MOUNTAIN CONSTRUCTION GROUP 120 WILLOW BRIDGE ROAD A-1 VAIL. 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R 6-§41104J-- --- A 1 PATIO AREA. • N*.;"•-•=f..-..,;c;.=• .,-',":"*--;:"-.-,,..-,. .„. -4,,-;-,.-:-. ,--. ..- ..-:-...,,,,,.::-.-,---;.=-•k;- . Ap..._ . . . ..... -- . .... .,... , . . OF VAN- DEN F �TAAPPROVAL RATE: 6 _ " 5 1 4 _ • t 4 i i TOWN OF VAIL/ LANCELOT, INC. d/b/a LANCELOT RESTAURANT DECK LEASE AGREEMENT 4. THIS LEASE is made and entered into this �(4day of _...:744.,,,),„0,14010 M by and between the TOWN OF VAIL, State of Colorado, a Colorado municipal corporation, by and through its Town Council (the "Lessor") and LANCELOT, Inc., a Colorado for-profit corporation (the "Lessee"). WITNESSETH: WHEREAS, the Lessor is duly authorized by law to administer and govern 4 certain real property hereinafter described; and WHEREAS, Lessor is willing to lease to Lessee the above referenced property, together with such rights and privileges as are set forth in this Lease Agreement; and WHEREAS, the Lessee is desirous of leasing said property and the 3 improvements thereon. NOW, THEREFORE, for and in consideration of the mutual covenant conditions = and promises contained herein, the parties hereto agree as follows: I 3 SECTION 1. - PREMISES 1 Lessor grants to Lessee the use of a certain parcel of real property located in the Town of Vail, County of Eagle and State of Colorado and more particularly set forth in Exhibit A attached hereto and made a part hereof. Lessee shall use said premises for a restaurant patio only. No permanent 1 improvements or fixtures except railing around the perimeter shall be placed thereon by the Lessee. Any change in purpose shall be only with the consent of the Lessor and upon the terms described by the Lessor. i i 1SECTION 2. -TERM 4 Subject to earlier termination as hereinafter provided, the five (5) year term of this 1 Agreement shall be the period commencing January 1, 2011, and ending on December 1 31, 2016. Should Lessee at any time cease to have a lease for the restaurant known as the Lancelot, which is adjacent to the premises set forth herein, then this lease shall 1 terminate immediately. 1 1 4 1 4 1 I Y • • , • { SECTION 3. - RENTAL AND CHARGES For the use of the premises as set forth herein, Lessee covenants and agrees to pay Lessor in advance the sum of SIX DOLLARS AND FORTY EIGHT CENTS ($6.48) per square foot (304 square feet) per annum for a total of ONE THOUSAND NINE HUNDRED SIXTY NINE DOLLARS AND NINETY TWO CENTS ($1,969.92). Rent shall be paid in advance annually. Thereafter, commencing on January 1, 2012, an adjustment shall be made to the fixed rent in the form of an adjusted percentage, based on the most current Denver-Boulder"Consumer Price Index", specifically the percent change from one year ago. This percentage change is to be made on the rent figure in the preceding year. This procedure is to be followed each succeeding year until the end of the term of this Lease Agreement. Rent will be billed annually in January for the current calendar year. Late fees will be charged at the higher of twenty-five dollars ($25.00) or five percent (5%) of the amount due for payments not received within thirty (30) days of the invoice date. Late charges will accrue monthly until payment is received. 4 F SECTION 4. -TAXES AND UTILITIES The Lessee shall be liable for and shall promptly pay for all charges for gas, electricity, and other utilities relating to the premises leased by Lessee. Lessee shall promptly pay all ad valorem taxes on personal property and real property. SECTION 5. - MAINTENANCE AND INSPECTIONS Lessee shall keep and maintain the leased premises and all improvements of 3 any kind thereon in good and substantial repair and condition, including the exterior condition thereof, and shall make all necessary repairs thereto, including snow removal. Lessee shall provide proper containers for trash and garbage and keep the leased premises free and clear of snow, rubbish, debris, and litter at all times. Lessor shall at all times during ordinary business hours have the right to enter upon and inspect the premises. Such inspection shall be made only at a mutually agreeable time. SECTION 6. - RULES AND REGULATIONS Lessee agrees to observe and abide by the ordinances of the Town of Vail, the E g statutes and regulations of the State of Colorado and of the United States government with respect to the use of the premises. 2 i i4 + r• 1 C#t t i 3 SECTION 7. -INSURANCE I Lessee agrees to secure and deliver to the Town a comprehensive liability 1 insurance policy written on an occurrence basis, including public liability and property j. 1 damage in a form and through a company acceptable to and approved by the Town, covering the premises, and all operations performed by the Lessee on the premises in the amount of one million dollars ($1,000,000.00) in respect to any occurrence and an aggregate amount of two million dollars ($2,000,000.00) to include bodily injury and property damage. All such policies required herein shall name the Lessor as additional insured. A I certificate evidencing such insurance, in such form as the Town may require, shall be delivered to the Town at the time of the signing of this lease and each succeeding year 1 during this term. Each certificate or policy shall contain a valid provision of endorsement that: "This policy shall not be canceled, or materially changed or altered, without first 1 1 giving thirty (30) days written notice thereof to the Town of Vail, Colorado, 75 South Frontage Road, Vail, Colorado, 81657, sent by certified mail, return receipt requested." i A certificate of renewal shall be delivered to the Lessor at least fifteen (15) days 3 prior to the policy's expiration date, except for any policies expiring on the date of this lease thereafter. A SECTION 8. -INDEMNIFICATION OF LESSOR Lessee agrees to indemnify and hold harmless Lessor against all liability for injuries to persons or damage to property caused by Lessee's use or occupancy of the a j leased premises including reasonable attorneys fees for the defense of any claim, suit, i or action brought against Lessor caused by Lessee's operation of the premises; i provided, however, that Lessee shall not be liable for any injury, damage, or loss I occasioned by the negligence of the Lessor or its agents or employees; and provided j 1 further that Lessor shall give to Lessee prompt and timely notice of any claim made or :i `i suit instituted which in any way directly or indirectly, contingently or otherwise, affects or might affect Lessee, and Lessee shall have the right to compromise and defend the same to the extent of its own interest. i i t i i 3 1 f 1 i SECTION 9. -ALTERATIONS i 1 Lessee shall make no alterations, additions or improvements in or to the premises without the Lessor's prior written consent. All such work shall be performed in a good and workmanlike manner. Lessee shall pay or cause to be paid all costs for work done by or caused to be f % done by it in or to the premises and Lessee shall keep the premises free and clear of all mechanic's liens and other liens on account of work done for Lessee or persons claiming under. Should any liens be filed or recorded against the premises or any action affecting the title thereto to be commenced, Lessee shall give Lessor written notice thereof. b I Lessee shall thereafter cause such liens, or claims against the Lessor in lieu of liens, to be removed of record within five (5) days after the filing thereof. If Lessee shall desire to contest any claim or lien it shall furnish the Lessor with security satisfactory to the Lessor of at least one hundred fifty percent (150%) of the amount of the claim, plus estimated Icosts and interest. If a final judgment establishing the validity or existence of any lien or claim for any amount as entered, Lessee shall pay and satisfy the same at once. Prior to the commencement of any work in or to the premises by Lessee, Lessee i shall notify the Lessor of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. During and prior to any such work on the premises, the Town and its agents shall have the right to go upon and inspect the premises at all reasonable times. SECTION 10. - SURRENDER OF POSSESSION fi On the expiration or termination of this lease, Lessee's rights to use the y premises, facilities and services described herein shall cease, and Lessee shall be deemed to be illegally retaining possession, or shall be deemed to be a month-to-month ;1 Lessee of the premises consistent with all the terms and conditions of this lease. The Lessee shall be responsible to put the premises and improvements back to their original condition. All alterations, additions or improvements upon the premises, unless otherwise agreed at the time Lessor's consent is obtained, or unless Lessor requests removal thereof shall become the property of the Lessor and shall remain on, and will be surrendered with the premises. i Depreciation and wear from ordinary use for the purpose of which the premises I were let need not be restored, but any repair for which the Lessee is responsible shall be ry completed to the latest practical date prior to such surrender. 1 4 9 If Lessee shall remain or continue to be in possession of the premises at the end of the term of this lease, at Lessor's option, Lessee shall be deemed to be illegally retaining possession, or shall be deemed to be a month-to-month Lessee of the premises consistent with all the terms and conditions of this lease. Nothing in this paragraph shall be construed to limit the Lessor's right to obtain possession of the premises upon termination of this lease by unlawful detainer proceedings or otherwise in the event that the Lessor does not exercise its option to treat the continued possession by the Lessee as a month-to-month tenancy. SECTION 11. -COST OF LITIGATION Lessee covenants and agrees to and with the Lessor that in case the Lessor shall, without any default on its part, be made a party to any litigation commenced by or against the said Lessee, Lessee shall and will pay all costs in connection with such litigation and that said Lessee shall pay all costs and reasonable attorney's fees which may be incurred by said Lessor in enforcing the covenants and agreements of this lease. SECTION 12. - DEFAULT The occurrence of one or more of the following events or circumstances shall constitute a default hereunder by the Lessee: A. The filing by the Lessee of a voluntary petition of bankruptcy. B. Proceedings in bankruptcy instituted by the Lessee and adjudication of the Lessee as a bankrupt pursuant to such proceedings. C. An appointment of a receiver of the Lessee's assets of the divestiture of the Lessee's estate by other operation of law. D. Failure by Lessee to make lease payments due to the Lessors as provided in this agreement within ten (10) days after the Lessor gives notice to Lessee of its delinquency. E. Failure of the Lessee to perform, keep and observe any of the terms, covenants, or conditions herein contained on its part to be performed, kept or observed, which failure continues ten (10) days after written notice thereof is mailed by Lessor. SECTION 13. - REMEDIES If the Lessee shall be in default under this lease as set forth in Section Twelve, Lessor shall have the following rights and remedies, in addition to all other remedies at L 5 law and equity, and none of the following, whether or not exercised by the Lessor, shall preclude the exercise of any other right or remedy, whether set forth in this agreement or existing at law or equity: A. The Lessor shall have the right to terminate this lease by giving the Lessee thirty (30) days notice in writing to be served as provided in this agreement, and the term hereby remaining shall thereupon cease and expire in the same and to the same effect as if it were the expiration of the lease term stated in this agreement. Upon any termination of this lease, Lessee shall quit and surrender to the Lessor of the leased premises. If this lease is terminated Lessee shall remain liable to the Lessor for all rent and other sums accrued and paid hereunder to the date of termination of this lease. B. The Lessor may, without demand or notice, reenter and take possession of the premises or any part thereof, and repossess the same as of the Lessor's former 1 state and expel the Lessee and those claiming through and under it, and remove the effects of any and all such persons (forcibly if necessary) without being deemed guilty of any manner of trespass, without prejudice to any remedies for arrears of rent or proceeding breach of covenants and without terminating this lease or otherwise relieving Lessee of any obligation hereunder. Should the Lessor elect to reenter as provided in this Section or should the Lessor take possession pursuant to legal proceedings or pursuant to any provision provided by law, the Lessor may, from time to time, without terminating this lease, re-let the premises or any part thereof for such term or terms and such rental or rentals, and upon such other conditions as the Lessor may in its absolute discretion, deem advisable, with the right to make alterations and repairs to the premises. No such reentry, repossession or re-letting of the premises by the Lessor shall be construed as an election of the Lessor's part to terminate this lease unless a written notice of termination is given to Lessee by the Lessor. No such reentry, repossession or re-letting of the premises shall release the Lessee of its liability and obligations under this lease, all of which shall survive such reentry, repossession or re- letting. Upon the occurrence of such reentry or repossession, the Lessor shall be entitled to the amount of the monthly rent, and any other sums which would be payable pursuant to this agreement, if such reentry or repossession had not occurred, less the net proceeds, if any, of any re-letting of the premises after deducting all of the Lessor's expenses in connection of such re-letting. Lessee shall pay such amounts to the Lessor on the days the rent or any other sum due hereunder would have been payable hereunder if possession had not been retaken. In no event shall Lessee be entitled to { 6 st ! receive the excess, if any, of the rent collected by the Lessor as a result of such re- letting over the sums payable by the Lessee to the Lessor pursuant to this lease. The failure of the Lessor to seek redress for violation or to insist upon the strict performance of any covenant or condition of this lease shall not prevent a subsequent act which would have originally constituted a violation for having all the force and effect of the original violation. The receipt of the Lessor of rent with knowledge of any breach of covenant of this lease shall not be deemed a waiver of such breach. No provision of this lease shall be deemed to have been waived by the Lessor unless such waiver is in writing and signed by the Lessor. SECTION 14. -ASSIGNMENT AND SUBLETTING Lessee covenants and agrees not to assign, sublet, pledge, or transfer its rights in this lease, in whole or in part, to grant any license or concession hereunder, without first obtaining the written consent of the Lessor. The consent by the Lessor to a transfer shall not relieve the Lessee from primary liability hereunder or from the obligation to obtain the express consent in writing of the Lessor any further transfer. Lessor's permission to an assignment or subletting of this lease shall not be unreasonably withheld. SECTION 15. -ADDITIONAL CONDITIONS A. Lessee covenants and agrees that the Lessee will save harmless said Lessor at all times during the continuation of this lease from all damages, claims, fines, penalties, costs and expenses whatsoever which may result from any worker's compensation claim. B. Whenever any notice of payment is required by this lease to be made, given or transmitted to the parties hereto, unless otherwise specified herein, such notice or payment shall be deemed to have been given upon the mailing of said notice or payment by United States certified, first-class mail, postage prepaid, and addressed to the parties at the respective addresses as shall appear herein or upon a change of address pursuant to this notice provision. Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 7 Lancelot, Inc. d/b/a Lancelot Restaurant Attn:Werner Schadl 201 Gore Creek Drive Vail, Colorado 81657 C. All covenants, conditions and provisions in this lease agreement shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. D. This agreement shall be construed under the laws of the State of Colorado. Any covenants, conditions, or provisions herein contained that are held to be invalid by any court of competent jurisdiction shall be considered deleted from this agreement, but such delegation shall in no way affect any other covenant, condition, or provision herein contained so long as such delegation does not materially prejudice Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions, or9 rovisions of this agreement. P E. Venue of any suit or cause of action under this Agreement shall lie in Eagle County, Colorado. If it becomes necessary to bring any cause of action to enforce the terms of this Agreement, the prevailing party shall be awarded its legal costs including investigation and attorney fees. F. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalidated. G. All amendments to this lease must be made in writing by mutual agreement of the parties and no oral amendments shall be of any force of effect whatsoever. 8 '- '. I " | j i 1 \ | ) | } IN WITNESS WHEREOF, thepartieshereto have causedthisAgreement to be he ) made retoad|ve toJanuary 1, 2000, on the day and year first above written. | 1 } TOWN OF VAIL a Colorado LANCELOT, INC, a Colorado Municipal cor o kion non-profit cororton | ) { ) i t : 1. i 1 By: By ) 1):44k Sanley6 Zem@R We ner Schadl, Owner lTown Manager } ATTEST: ,r _ `� ) ^ - f� \ ! . . �� , � ' � � \ /� � \�� ( . .—m_,% Town Clerk ' I, or <IA ' ; �� �1 , i , • 3 I f ® M- 2- 1 1 ( \ 9 (