HomeMy WebLinkAbout1988-09-06 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, SEPTEMBER 6, 1988
2:00 p.m.
AGENDA
1. Discussion of Vail Village Inn Top Floor Common Elements
2. Discussion of Centron Phone System (US West Communications)
3. Discussion of 1989 Capital Improvement Projects
4. Discussion of Vail Information Booth Expansion Project
5. Information Update
6. Other
7. Project Site Visits
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, SEPTEMBER 6, 1988
2:00 p.m.
EXPANDED AGENDA
2:00 1. Discussion of Vail Village Inn Top Floor Common Elements
Bill Post
Larry Eskwith Action Requested of Council: Approve/deny the transfer of
ownership of top floor elements to the individual who has
purchased all the top floor units.
Background Rationale: One person has purchased all the
units on the top floor of the VUI and the developers would
like to transfer the ownership rights of all the common
elements to that individual.
2:10 2. Discussion of Centron Phone System (US West Communications)
Charlie Wick
Background Rationale: US West is in the process of changing
the Vail Central Office to the latest state-of-the-art
telecommunications switching equipment. The Town has
evaluated the Centron system for the Town, and Town staff is
recommending the conversion of its telephone operations to
the Centron system. Reasons: Enhanced phone capabilities,
increased communication effectiveness and significant cost
savings over the current system over the next ten years.
Staff Recommendation: Staff would like to proceed with the
implementation of the Centron system starting
mid-September. Eight weeks is allowed for implementation.
2:20 s. Discussion of 1989 Capital Improvement Projects
Steve Barwick
Action Requested of Council: Receive the report by staff on
the 1989 CIP plan. Council input and direction on project
priorities and funding levels is requested.
Background Rationale: Details on each proposed capital
project were included in Council packets..
2:40 4. Discussion of Vail Information Booth Expansion Project
Ron Phillips
Peter Patten Action Requested of Council: Discuss recommendations of DRB
and make final decisions.
Background Rationale: DRB approved the design with the
following conditions:
1) Graphics as submitted (INFORMATION vs. INFO)
2) Windows on north side as submitted.
Also, they strongly recommended the Council consider
changing sliding doors to swinging doors. John Slevin
attended the DRB meeting along with Jim Morter. Jim made
the above changes before the meeting. The sliding door/
swinging door issue is all that needs discussion at this
time.
2:50 5. Information Update
2:55 6. Other
3:05 7. Project Site Visits
RECD AUG 3 1 1988
OTTO, PETERSON cS'C POST
ATT08,'~TEYS AT LAW
FREDERICK S. OTTO
JAY K. PETERSON
WILLIAM J. POST
W ENDELL B. PO RTER FIELD,JR.
POST OFFICE BOX 3149
VA;L, GOLOEADO 81658-314 9
August 30, 1988
Town Council
Town of Vail
75 S. Frontage Road W.
Vail, CO 81657
DENVER DIRECT UNE
(303) 623-5926
RE: Village Inn Plaza-Phase V
Condominiums, Amendment to
Declaration and Map
Gentlemen:
Vail Village Inn, Inc. ("WI") has contracted to sell Unit 17
to Kirk D. Huffard, who is the present owner of Unit 18. Upon Ms.
Huffard purchasing Unit 17, Ms. Huffard will own all Units on the
top (fourth) level of the project.
Pursuant to the contract with Ms. Huffard, WI is required to
convey to Ms. Huffard, as part of Unit 17, all of the designated
general common elements (except the mechanical closet associated
with Unit 18) on the fourth level of the project, which consist of
approximately 473 square feet of hallway, elevator lobby and closet
space.
Upon conveyance to Ms. Huffard, such general common elements
will no longer be the responsibility of the Condominium Association
and will be required to be repaired and maintained by Ms. Huffard as
part of Unit 17. Such conveyance will have no effect on Unit 2
owned by the Town of Vail and will result in no change in the Town
of Vail's percentage share of the general common expenses or
percentage ownership interest in the general common elements.
In order that such general common elements may be conveyed,
the residential owners' interest in the general common elements and
expenses appropriately adjusted and also to provide to Ms. Huffard,
as the owner of Units 17 and 18, the right to combine, divide and
partition such Units by absolute right, it is necessary to amend
the Declaration and the Map for the project. To assist you in
understanding such amendments, I have enclosed the following
documents:
1. Copy of Fourth Level Floor Plans from the existing Map.
2. Proposed First Amendment to Condominium
Declaration for Village Inn Plaza-Phase V
Condominiums
VAIL NATIONAL BANK BUILDING
(3031 476-0092
EAGLE VAIL PROFESSIONAL BUILDING
(3031 949-5380
The Fourth Level Floor Plans are enclosed to assist you in
visualizing which general common elements are to be made part of
Unit 17 (which general common elements are cross hatched in red).
Town Council
Town of Vail
August 30, 1988
Page 2
To legally make such general common elements part of Unit 17,
a First Amendment to the Condominium Map will need to be executed,
acknowledged and recorded by all present owners of and lenders on
the Condominium Units in the project including the Town of Vail.
Such amendment to the Condominium Map is being prepared and should
be ready for execution by September 6, 1988.
The First Amendment to the Condominium Declaration is to allow
the owner of Units 17 and 18 to combine, divide and partition such
Units and to reallocate the residential owners' interest in the
general common elements and expenses, as a result of Unit 17 being
enlarged by 473 square feet.
At the scheduled closing of Unit 17, to be held on .September
15, 1988, it will also be necessary for the Town of-Vail to quit
claim all of its interest in Unit 17, as modified, in order to
transfer the Town of Vail's undivided interest in the general common
elements to be added to Unit 17.
If this proposal meets with your approval, WI requests that
the Town of Vail authorize and direct the appropriate personnel, on
behalf of the Town of Vail, to execute, acknowledge and deliver the
First Amendment to the Condominium Map, the First Amendment to
Condominium Declaration and the quit claim deed to Unit 17, as
modified, when presented to the Town of Vail.
In the event that it would be beneficial to the Town Council in
understanding this request, WI would be happy to appear before the
Town Council at its September 6, 1988, work session to more fully
explain the request and the documents that need to be executed.
If you have any questions concerning this matter, please do not
hesitate to contact me.
Very Truly Yours,
C
William J. Post
WJP/cdb
Enclosure(s)
cc: Josef Staufer
Larry Eskwith
.,
FIRST AMENDMENT TO CONDOMINIUM DECLARATION
FOR
VILLAGE INN PLAZA-PHASE V CONDOMINIUMS
12 E C I T A L S
1. The Condominium Declaration For Village Inn Plaza-Phase
V Condominiums (the "Declaration") was recorded February 4, 1988,
in Book 478 at Page 378 of the real property records in the
Office of the Clerk and Recorder, County of Eagle, State of
Colorado.
2. Paragraph 15 of the Declaration provides, in part, that
the Declaration may be amended upon the written approval in
recordable form of the "owners" (as defined in the Declaration)
of 100.0 percent of the "general common elements" (as defined in
the Declaration) and all "first lienors" (as defined in the
Declaration.
3. The undersigned. owners and first lienors desire to
amend the Declaration as hereinafter set forth.
DECLARATION OF AMENDMENT
The undersigned owners, who own 100.0 percent of the general
common elements, and the undersigned first lienor, which is the
sole first lienor, do hereby approve, consent and agree to and do
hereby amend the Declaration as follows:
1. The phrase "and/or unit 19" found in subparagraph 2(e)
of the Declaration is hereby amended to read in its entirety
"and/or units 17, 18 and 19".
2. Exhibit B of the Declaration is amended to read in its
entirety as set forth in Schedule I attached hereto and made a
part hereof.
As modified herein, the Declaration remains in full force
and effect.
This First Amendment may be executed in any number of
counterparts by the execution on the several acknowledged
signatory pages attached hereto and made a part hereof, each of
which shall be deemed to be an original and all of which together
with this First Amendment shall constitute but one and the same
instrument.
Page 1 of 3
SIGNATORY PAGE
TO
FIRST AMENDMENT TO CONDOMINIUM DECLARATION
FOR
VILLAGE INN PLAZA-PHASE V CONDOMINIUMS
EXECUTED effective as of October 1, 1988.
OWNERS:
Edna N. Fricke
Claus W. Fricke
Kirk D. Huffard
John Moores
John R. Gabriel
Patricia Gabriel
Hubert Wagner
VAIL VILLAGE INN, INC., a
Colorado corporation
Rebecca Moores
LENDER:
FIRSTBANK OF VAIL
BY:
Kevin P. McDonald,
Vice President
STATE OF
By:
Josef Staufer, President
TOWN OF VAIL
BY:
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by
as of the Town of Vail
Witness my hand and official seal.
My commission expires:
Notary Public
Page 2 of 3
•~
,,
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by Kevin P. McDonald as
Vice President of FirstBank of Vail.
Witness my hand and official seal.
My commission expires:
Notary Public
Page 3 of 3
,,.
~~
SCHEDULE I
(Attached to and made a part of First
Amendment to Condominium Declaration
for Village Inn Plaza-Phase V Condominiums).
EXHIBIT B
(Attached to and made a part of Condominium
Declaration for Village Inn Plaza - Phase V
Condominiums.)
Interests in General Common Elements
Percentage Ownership in
General Common Elements
Appurtenant to the
Unit Unit
1 1.31
2 17.00
3 3.07
4 5.61
5 3.86
6 4.16
7 3.59
g 6.24
9 5.78
10 3.42
11 4.82
12 4.23
13 3.71
14 3.87
15 8.87
16 4.35
17 7.84
18 6.95
19 1.32
100.00
The owner of each unit shall have the exclusive right to use
any stairs, porch, balcony, deck, patio, storage area, ski
locker, planter or parking space referenced on the Map with the
numerical designation corresponding to the unit numerical
designation of his unit, and each such stairs, porch, balcony,
deck, patio, planter and parking space shall be a limited common
element, as designated on the Map, appurtenant to the unit with
the corresponding unit numerical designation.
C
B
I
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