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HomeMy WebLinkAboutDRB070343TOWN OF VAL 4 WtiNlrY DEVEl.OPME.NT Design Review Board ACTION FARM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: VFD 'A' CHANGES Project Description: Participants: FILE COPY DRB Number: DRB070343 FINAL APPROVAL FOR A CHANGE TO THE APPROVED PLANS FOR PLAZA ITEMS, LANDSCAPE BOULDERS, CHALET DOWNSPOUTS OWNER LODGE PROPERTIES INC 07/23/2007 PO BOX 7 VAIL CO 81658 CONTRACTOR HYDER CONSTRUCTION, INC 543 SANTA FE DRIVE DENVER CO 80204 License: 109-A 07/23/2007 Phone: 303-825-1313 APPLICANT LODGE PROPERTIES INC 07/23/2007 PO BOX 7 VAIL CO 81658 Project Address: 174 GORE CREEK DR VAIL Location: VAILS FRONT DOOR-SITE/BUILDING 'A' Legal Description: Lot: ABC Block: 5C Subdivision: VAIL VILLAGE 1 Parcel Number: 2101-082-7800-2 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 08/09/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: George Ruther DRB Fee Paid: $20.00 Minor Exterior Alterations Application for Design R4Mfj9N4- OVAi, Department of Community Developme art' : ~N F V I TOWN Off 75 South Frontage Road, Vail, Colorado i - ,A ~a "d-~C)V AL, tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com 8~4 01 Wewsla, General Information: O► All projects requiring design review must receive approval prior to sgbmitt og a buildin lication. Please refer to the submittal requirements for the particular approval that is requested. An application or esign Revs cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. V Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. o Description of the Request: i?k4Z.- lAt"s (,a l-dsf-la~c n er,,i-s Location of the Proposal: Lot: C Block: SC- Subdivision: yw+l Physical Address: 1-;~" 6z'c crc"I< '0r. J..:. Co F?1 65 Parcel No.: 2101 `04)2-_t96o- 2 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: / Name(s) of Owner(s): c.~►~`~S JMc, (Vel --C641% P -N. Uek4 ~V v.; Mailing Address: - i0 9- ~ qS1 At-1 Cv 8"70 Phone: 9~0. y~ • oto2~ Owner(s) Signature(s): Name of Applicant: va' Mailing Address: as C_ WV-<,e Phone:`M,H 1-c:,. 06 E-mail Address: Sweru 4t!- e v u.\ res-f ks cow Fax: Type of Review and Fee: ❑ Signs ❑ Conceptual Review ❑ New Construction ❑ Addition Minor MemtLon (multi-family/commercial) ❑ Minor Alteration (single-family/duplex) XChanges to Approved Plans ❑ Separation Request I TOWN OF y4ii $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee For Office 0j Qn~ t -t ~ ! r `V ► . Fee Paid: G- v Check No.: By. Meeting Date: V E'~ o DRB No.: V " Planner: (t Project No.: VAIL'S F• DOOR Plan Revision Submittal Meeting VRDC/ToV/CIA/4240 6/29/07 Attendees: Jarvie Worcester - VRDC George Ruther - ToV Agenda Items: 1) Plan Submittal Process a. Submittals, routing, bi-weekly meetings. Follow Up - George to confirm the process with Joe Suther. All VFD plans submitted are to be routed immediately and will be discussed with DRB, CIA and ToV at the scheduled bi-weekly meetings. 2) Hill Building Wall Design. Follow Up - George approved and recommended option B (no rail on top of new stone), as did Ann Reilly Bishop for Mrs Hill. See Attached 3) Plaza Paver Layout a. Herringbone b. Random block Paver, pe Follow Up - George R, ok with random block paver. Concern was raised about termination. George to walk site for review. 4) Chalet Downspouts. a. Design vs. Constructibility, long term, etc. Follow Up - George R, OK, to confirm with submittal regarding size of downspout and connections. See attached 5) Landscape Boulders Follow Up - George R, OK with a change of boulder. VFD team to provide pictures to confirm. See attached photos, the lighting is difficult in the photos, but these boulders have been reviewed by Mary Hart and Dennis Anderson. 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'O-i.. AA➢-C m ~N >-.o mZm-D rZ - ZO0 1 co z ..t '4mrr'{- 0, 3' -r oa 0C7r >Zz ~r' C ~n c n O -~~.{G7~0roD0`~Oz z~ mop-M 0, mmx1, ~0 m~m.Zm7y ~m o C1-rnOi + ~m8Zr.0X Zzm moo rtn 1 G7 N "Oj q.j ~ oz W w moZ~ ZU) ( a + + co W f rf n rp ,8 II OD K + C N / fA I O l , WII 0 L co .....~r 3 Il.-- spy, T r It. + pZX \ CD + m a~ co. - to Oman 0X> >OCa -4 4mr CZA .~nn mn CO OF "o OD rZ 7V W a) 00 9D + A O O 90 °3.0" - OC-0 Z LI) 70 c~i,rntnmp'~ Qu "rn' ~S z vz~N ~ z Q D I A~ T ? Gj ~ Q m 5j m? m ~ -ice (C.\\DCI~ 0 mmI p.0 o ~p r➢ZO m 11-7CCCf1 0U' <z rn Z sS~jO0 i can XZ Om to n >MM I (A CTi7 0 MG) c ) to -u nm➢oma !(OP A < h N , N' NC 44 ~mrr, Cu:.,,xb r ow wI No: PROPOSED-GRADING/DRAINAGE Vail. s Front Door H~LL-BUILDING _BUILDING-EASTPLANTER-WALL I <,,x REFERENCE CNN.-PLAN-SHEET-10.D Vail Room, ISSUE ,1St-5022 IJc Selo ~r:xnt Cam>ml} ° DATE: 07.13.2007 SCALE: i'-10 DRAWN EM RSH •'TYP1 cA,~-~ K S-M LE SSE 'P~ + I LEVEL 4 T.O. F. F. EL.=+30'-0 1/2" 3" gouND E:>Owkgpmrr Sef- FA<,Es b, Cv 4 -1 LEVEL 3 T.O. F. F. EL.=+20'-0" LEVEL 2 T.O.F.F. EL.=+10'-0" I 1 I i STYLE A STYLE B STYLE C STYLE D STYLE E STYLE F STYLE G STYLE H STYLE I ! c ArL, C~ STYLE J STYLE K STYLE L FIGURE 1-2 RECTANGULAR GUTTER STYLES M.Q _ Architectural Sheet Metal Manual • Sixth Edition 1.13 r • 8" (203 mm) 7" (178 mm) - 6" (152 mm) 5" (127 mm) 4" (100 mm) FIG 1-3A 8" (203 mm) 7" (178 mm) - 5" (127 mm) 4" (100 mm) 3" (75 mm) FIG 1-3B FIGURE 1-3 MANUFACTURED HALF ROUND M1C„ Architectural Sheet Metal Manual . Sixth Edition 3" (75 mm) 3 %2" :(89 mm) 1 4" (100 mm) GIRTH E E E E E E E E ao It o co rn M N N C\l 00 OT r 'L~-t1S S~ -ZE S `'1 AN OGEE GUTTERS ' 1.15 ~ R r • • • • r ~ • • s s w CANTED CONTINUO STRAP FASTENER 1 36" (910 mm) OC MAX. SPACER 1 FASTENER fi elf M I LD,R, FIG 1-17B ~i LF- FIGURE 1-17 HANGING GUTTER INSTALLATIONS - SLOPED ROOF SMAC Architectural Sheet Metal Manual • Sixth Edition 4 .O 14- FIG 1-17A 471MI LbP, GpND !I T ITS S,rntt„NR 120 ut-t bozoyj Spo vr t 5 A A A A '9 T >L~ Y OUTLET TUBE ; 2' MAX. ~o "A" ELBOW ~l 1 ~ouNp p~,NSPo~ 'D 10' MAX. j "B" ELBOW s ` J t t 3 OFFSET FOR ILLUSTRATION ONLY 1 {li DOWNSPOUTS FIG 1-31B i ilu ~ 1 MAX. 1-J STYLE "A" STYLE "B" FIG 1-31A ELBOWS FIG 1-31C FIGURE 1-31 DOWNSPOUTS - MANUFACTURED MAC Architectural Sheet Metal Manual . Sixth Edition 1.73 ® I • B ~ DOWNSPOUT w A FIG 1-33A A FIG 1-33C A SECTION A-A TAPERED GUTTER OUTLET -rl&'f' 4-SE l(1 -mill RIVET FLANGE SECURE AND SEALED JOINT FIG 1-33D RIVET A I-- w B_ L L t FIG 1-33B OUTLET O.D. EQUAL To D.S. I.D. LESS (3.2 mm) SCREWS OR RIVETS 311 (75 mm) MIN. -1 r - DETAIL 1 DOWNSPOUT RIVET RIVET - - - VENT 3" (75 mm) MIN. EXPANSION DOWNSPOUT / SUPPORT STRAP DETAIL 2 FUNNEL DOWNSPOUT FIG-1-33E FIGURE 1-33 DOWNSPOUT - GUTTER CONNECTIONS MAC Architectural Sheet Metal Manual • Sixth Edition 1.77 1 a ~ b ee ie r r r Yr, 01 F ,If+ k Y; s T,M Sri ~ ~p ~ ~ i$ ir ft ~ ~ ~ ~ ~ vY po~ r 17 'rte'. } X-4 P. -Ak / d re 5. Nam n~ , r z a ~y TOWN OF VAIL, COLORADO Statement Statement Number: R070001317 Amount: $20.00 07/23/200703:26 PM Payment Method: Check Init: JS Notation: 125/STEVENS J. WORCESTER Permit No: DRB070343 Type: DRB-Chg to Appr Plans Parcel No: 2101-082-7800-2 Site Address: 174 GORE CREEK DR VAIL Location: VAILS FRONT DOOR-SITE/BUILDING 'A' Total Fees: $20.00 This Payment: $20.00 Total ALL Pmts: $20.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 20.00 L J Ro55 E O 2 d, T O SSO1o August 9, 2007 Tom Kassmel Town of Vail RE: Approval of Plans - Vail Front Door Project Dear Mr. Kassmel: 3799 HIGHWAY 82•P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 •FAX (970) 945-4081 In regards to the Vail Front Door Project, I have reviewed the latest plans submitted to you by Bob Herbst of Alpine Engineering. These plans have been reviewed by the local entities (myself) for concept and conformance to local standards. The review does not imply responsibility by the reviewing department, the entity engineer or the local entity for accuracy and correctness of the design. Please contact me with your questions and concerns. Sincerely, HOLY CROSS ENERGY Libby Cowling Senior Engineering Technician (970) 947-5428 direct line Icowling(cDholycross.com LC: Electronic CC: Bob Herbst, Alpine Engineering W/O#19769 A Touchstone Energy- Cooperative?-` ~ OF V Department of Community Development Building Safety and Inspection Services 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www. vailgov.com Front Door TCO/Entitlement Meeting 8/14/07 Introductions o Platting-, o Easements/Licenses o Loading & Delivery 0 nIA o Improvement Location Certificates %4ea F4 kEE r . Employee Housing Requirements o Streetscape Completion T>=fit o Lighting o Signage o Way-Finding o Off-Site Public Improvements (Check-Point Charlie) o Landscaping Items -D=A o Art in Public Places o Others o Questions d ~tvty ~1x ' "T •i'G~T- oF'1~t'G~ ri UA41.- X.L*Sp. ) [.Euats co 4->lc~ . -D. 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Ll E mp to yam., u o usc~ . 4 4240 ARCHITECT'S SUPPLEMENTAL INSTRUCTION No. E- 048 TO: Doug Thompson / Hyder Construction, Inc. 543 Santa Fe Drive Denver, CO 80204 303-825-1313 VAIL's FRONT DOOR PROJECT NO: 20693.08 ISSUED: 08,28.07 FROM: Neha Khera 303-292-3388 The Work shall be carried out in accordance with the following Supplemental Instructions issued in accordance with the Contract Documents without change in Contract Sum or Contract Time. Proceeding with the Work in accordance with these Instructions indicates your acknowledgement that there will be no change in the Contract Sum or Contract Time. Architect's Supplemental Instruction Title: Building E - Roof Tie-Off Details and Locations Reason for Change: At the request of VRDC, Roof Tie-Offs have been detailed and located on the Chalets. Description of Instructions: See attachments. Attachments and Enclosures: Monroe & Newell Sketches: SSK E-079 & SSK E-110, dated 08.22.07 By Submit to Town of Vail: ® YES ❑ NO 42 40 ARCHITECTURE INC 1621 Eighteenth Street Suite 200 Denver, Colorado 80202 t 303.292.3388 f 303.292.3113 w w w.4240 a r c h It ec t o re. co m Copy To: ASI File Randy Hart / 4240 Nehha Khera ! 4240 Rick Caudel / VRDC S. Jarvie Worcester / VRDC Jim Ness / Monroe & Newell Mark Gee / Monroe & Newell The information contained in this message is privileged and confidential intended only for the use of the individual(s) or entity(ies) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. if you have received this communication in error, please notify 4214D Architecture. Inc. immediately- Rob H ~s x 3 E H_ PC: Phi 3" •P. 34" ~v J ,;~PIMp,o0 f r7 M., h i 1 d~ =0 4. q V4, i 3 0 ~4X. • x! l L V L_ L oC.t~ _ ~A Y7 OAU4 S r - ,1VL x 3 ~aM t. 11 L_ i _ I owe 9 d HA, r o LvI, alt-'3P5D Ui~ 9.U rZ~e-C10 t-1 k AVOTr-; IF 14OPE2 ; LVL IS NOT G'LaS~ 7,7M V X467D 2166&~N:974H. fhv Prab rnaNAj-c. i-n- 40J,4ccqv?- 7-v 77/e GZu44n4 r BL=j-", -jq o -7) A1~C H'N ~lllli' I r1f I7T l+► wM Arehdtectoflteeord Y r'..U 1 Jl~i1~~' 1 V VV1 11 Bu (iJ[1g ill IIRAIMIKIr Mf)- "i h - C I1 1%07 4 40 Cvnec / Developer REFS ISSUE. Vail Resorts DATE: 8 fZ2/0*7 Development Company SCALE: IJmve,CoIocado DRAWN BY: ,JrVl//'(p~ L I Avon, Colorado f r U pr rN ~S I 0 ~ I 1n A 5 R A I' i O OD :i : yA ~ I PA9G a {1 VN : ~ j a J FA ~ o-- r~l I I ~-o- ~ O? I I li I !J I i ,I z b -4 . I - ~ t 4'-2- 1 ® y I IUI 2,ZG9 I 1.75_. _ - I - I Y nVN FDyA NON N Y:, TAN oDpppA y _ A I 10 ~ ( vt I sN ?~a 3 ! h O,y - Ik a N I ~m n I o@ I , f 1 I j i j ?o I 11-10 f/2• i. 4'-0- i. 4'-0" I$'-y, Architect of Record Vails Front Door DRAWING NO: SSK- 5110 4240 Building •e E" Owner/ Developer REFERENCE: ISSUE: - Vail Resorts DATE: SI2~~7 Denver, Colorado Development Company SCALE: - Avon, Colorado 11 DRAWN BY: -41AI I If 7/8' LVL+ _ 1/2'1 i ' - I NDN c*r~~ pc r' _ I .sSStiyy~ YF . I3D IOL s i tff``11 cU m A m 0 i' a S + I ~ i! I I I I..=. Ili-__-_ - W ! I P E 3 - - u ~o I R 1 I I I m I I ArcW=tofRecord VaHs Front Door DRAWING NO: SSK- Do 8o Bulding REFERENCE: St o 4240 Owner / Developer ISSUE: Vail Resorts DATE: 8~3~~0 Deaver, Colorado Development Company DRAWN ABY: d !A) 1 11 7 Avon, Colorado 11 ENLARGED EXTERIOR STAIR PLAN C 8170' G DFMO rjc rST/'jG w8 6r'4w1 e Etav? QA(uNb. PPDV (bE PSS X%4 Posf 13E C-7CIS77n]C? W8 1=uIsrfrJ6? r,✓Ar L4TE pR.v VID rr 6A A SoLTS- M M I I I I 1 I I I I I I I 6X IST?n1G7 w.~-~L./~Afu~U f ) f / f / f / f / EDGE OK INrL i* ROOF BELOW f / 8bSTWG CAP w/STONE f N~tDI STONE CAP. TO UANM [JD~IY1l., w/ MIXO WALL RN1SN J /BELOW 1•_3• 10 / 8 t - 8' I 33 [Ir f LAND1 G D p9t~ 176 -5' - I - 1 GUARD RAIL AT EDGE OF - CONCRETE SWRS/WADING 24'-6' I I /I f/ I ~ I ~ I if I f I i I I I. ! i 1 II I I I I l I ~ I -I I 3 ~vvl A-$01f~ WIZ, 8ET-~ Pc- t I W izx4o 6 E Lou! lo~ DOWN a7J I / T.O. LANDING I 8182'-3 PROX) VIF I i I I I I I -r4V ENLARGED EXTERIOR STAIR PLAN C 8182' DF1 70 Architect of Record 4240 Denver, Colorado Va.ils Front Door Building owmer / Developer Vail Resorts Development Company Avon, Colorado DRAWING NO: SSK- Dov I REFERENCE: 5 I o 2_ ISSUE: DATE: 0/3 //07 SCALE: - DRAWN BY: J/") Ri5T ARCH, i=OR LAYOUT Or S A-r I i O~~ 3rd TREADS AN[7 RISERS. EFlCI4 WAY J .y '14 X N051NO BAR GONGRETE TOPPING KITH 5NOI~IMELT TUBING. REt ARr-H. Q. x x x --r x - (2)-05 GONTINUC - 45 - d 1- #5 X 2'-t7" AT I'-6" - =1 AT I'-& O #5 X ID" AT I'-6" ALTERNATE Lr=CS,,\ U / a #5 AT I'-&" HORIZONTAL Ad A.. Q • ;II° A A. ASI D015 5 E C T I O N ] a 5/4" = I'_O" a o J o 4 a. a a e #6 AT I'-&" TRAN5VEF-SF (8)-tj-( - LOG. An:hiteczoMcoza Vans Front Door nPAwING IJO' '9SK- 70 6 fl 4240 Building p` REFER Owner / Dcdopcz ISSUE: S Zo z ISSUE: Vail Resorts DATE: $/3/0~ g~3o~oy Denver, Colorado Development Company SCALE; Avon, Cotondo A51 D-OIB ArcWtectnfRecord VaUs Front Door DRAWING NO: SSK- Z 2 0 BuRding D 4 4 Own er / Developer ISSUE REFERENCE: : Vail Resolts DATE: 8/3%17 Denver, Colorado Develo ment Company p SCALE: DRAWN BY: c//it/ Avon, Colorado Arch1maofR=ra VaLis Fio.+L1t DRAWING N0: Xk'jA -DO63 uilding °~J` Building"'-.."'T" 4 'A 40% REFERENCE: Owner J Develops ISSUE: A SZ' ® Vail Resorts DATE: ev3/l07 ® Development Company SCALE: Denver, Colorado Avon, Colorado DRA1lyd BY: Jn/ l(IO7r _ ArcWt=afR=rd 2 0 /niln H~y".,+ 1 1 !1 cLUJ i VJJIL LvOT Building r1Nrr DPANflNG N0: ;~;ri- D 0 4 4 Owner /Developer Vail Resorts REFERENCE: - ISSUE: A 'S27 DATE: @l3//o -7 Denver, Colorado Development Company Avon, Colorado SCALE: DP,AI,) BY: I ,l:rhimttofRecord 2 0 ZT ~n v coo J. -Lo~ + T DRAWING N0: EiK- o 4 4 Oc-nu / Dvelo per Vail Resorts REFERENCE: ISSUE: HATE: AS2 9/3 r1-7 Denver, Colorado Development Company Mon, Colorado SCALE: DRAWN BY: - j1A) Archimccof&mrd 4240 ® y J 1B p "Oor ` Owner / Developer Vail Resorts I DRAWING N0: S1111- pOBb REFERENCE: ISSUE: -451' DATE: f313/f o7 Denver, Colorado Development Company Y Avon, Colorado SCALE: DRAflt•! BY: cJ /nl : MAY 6-W O2 J SNON vj?~ 7Z~-,b l i k- 5 _ f 63 //1I SA7-I--e~ ~V~ S6F Pgjc WA i 7Z) AT EVE' r v C4) s-X 14 1( L i1, "P1V12L no"4' gp Srlt- OQ 1 u DRAWING NO: I OA- G~ a:chiteccofRccocd Building 4240 Qwau / Developer REFERENCE: ISSUE- f{ Vail Resorts DATE: 8/3/11° ;7 Denver, Colordo Development Company SCALE: DRAWN BY: - / N Avon, Colorado n o - ~ O J < 0 2 rt O O v ~ Z A ) D N x I d f I G J ~ 1 v r m 00 ~ X r p 2 V ?l C TI ~ f7 oz ~mOD =°m r yT, m m ~r,-ia ~ M? O 0 pQ zNm a a= C7 ~ D ~ O N.--. ~ rmi~ =~Zjm m n ~ ~ © D p W N Z~ r-Z ~~rl O r N . ..rr, ihA c Tr- I 1 N nF VA, It DESIGN REVIEW STAFF APPROVAL M CA a = Wm T N r ~ (7 - Z D M :C* = O r O ~ O C ~ .T J r =C) OO ~ Q mm 1 W-31 xy ~ 'Z I ~ Architect of Record 4240 Denver, Colorado Vail 5s Front Door Owner / Developer Vail Resorts Development Company Avon, Colorado DRAWING ND: ASK--D--- REFERENCE 1/A102 ISSUE DAlE SCALE: 1/8"=V-0" DRAWN BY. JR ENLARGED EXTERIOR STAIR PLAN Cap 81"70' l `t 3/s"-i'-a" DFP70 i I I I I I I I I EDGE OK INT'L #G ROOF BELOW EXISTING ° ONE CAP w/STONE / /VENEE j ELOW / NEW STONE CAP, TO MATCH / 61STING, w/ STUCCO WALL FINISH / BELOW T.O. STONE CA _i co /I ~ / I ~ I i I r I k I I I I I l I I I I ~ I ~ I ~I MATCH EXISTING ( 2" A OVE PAVERS) / I DOWN /4 1Y" j,T.O. LANDING T ® 1' = 8'-31 _j I L, 'V8182--Y APPROX) VIF I ~.C. LANDI G 'RVIS 176 -5 I 1-- HANDRAIL GUARD RAIL AT EDGE OF ' CONCRETE STAIRS/LANDING 20'-6" a 5 GED EXTERIOR 11 I Architect of Record Vail 9 s Front Door DRAWING No: ASK-D - - - 4240 Owner / Developer REFERENCE. 1 /Al 02 Vail Resorts ISSUE: Development Company DATE: Denver, Colorado SCALE: 1/6"=1'-0" Avon, Colorado DRAWN 9* JR I I I I 2/A703 I ~ I I I 7't 6" i I I I I I ~ I @ 8182' NEW STONE CAP TO MATCH EXISTING STONE CAP 718" STUCCQ 0 METAL LATH RI nr_ PAPER M1cR EXTERIOR SHEATHING & MTL STUDS T.O. LANDING 'V8182'-,3- VIF Q u ~ cr m V 7/8" STUCCO ON METAL LATH s & BLDG PAPER OVER EXTERIOR SHEATHING & 3-5/8" MTL STUDS T.O. LANDING 8176'-5" - N ~ m ~-U) s v a GUARD RAIL & HANDRAIL HANDRAIL I E _7 1 LI ---11 4'-1y" 4'-1y" 11'-11y4" T~~RIOR STAIR ~Sl;CTION Architect of Record 4240 Denver, Colorado ~ FACE OF INT'L WING BEYOND IL I NEW STEgL BEAM w/1-HO R SPRAY APPLIED EMENTITIOUS FIREPR00 ING CONC ST IR w/WATER ROOFING MEMBRAN ABOVE 3" CONC TOPPING w/INTERN~L SNOWMELT STOR D070 Vail's Front Door Owner / Developer Vail Resorts Development Company Avon, Colorado DRAWING NO: ASK-'D--- REFERENCE. 3/A703 ISSUE DATE SCALE 1/B"=1'-0" DRAWN BY. JR 0 a NEW STONE CAP TO MATCH EXISTING STONE CAP 7/8" STUCCO ON METAL LATH & BLDG PAPER OVER EXTERIOR I SHEATHING & MTL STUDS 81 ®Q (STING PT B~ -0 LL) irn n N W SECTION B OND, HOWN DASHED. (RE: STRUC) _ -7,_6 - - ` - - GUARD RAIL i - - - -f- T.O. LAND( G 7/8" " /WATERPROOFING & BL PAPER OVER EXTE I 8176'-5 CON 41 4 - a BRANE ABOVE SHEAT NG & 3-5/8" MTL STUDS ~e 3" C TOPPING n ~o w/INTERN NOWMELT HAN AIL ® -1/2" RADIUS NOSING ti a a a 4'-1y" 1OT 0 11" - 9'-2" o 7'-~/2" EXTERIOR STAIR SECTION Architect of Record Vail 9 s Front Door DRAWING NO: ASK- D - - - 4240 Owner / Developer REFERENCE: 2/A703 ISSUE: Vail Resorts Development Company DATE. 3/8"=11-0. SCALD Denver. Colorado Avon, Colorado DRAWN BY: JR The Cookson Company THE PREFERRED ROLLING DOOR Type FMWI - Motor (Gearhead - Vertical) Operated Insulated Service Doors Gray Prime Finish - Face of Wall Mounted - Featheredge HOOD -~1 JAMB OPENING WIDTH I-----GUIDE OPENING WIDTH--I Guide Detail Slat Selection W1 -7 Y 3.. I Slat #45 Y 7/8' Determine Dimensions For Specific Door Size 1. From chart below select proper Area Number for width and Bottom Bar Detail height of door. 2. Refer to Selection Chart for dimensions. 21 2 , 2.. W LL 20 3-5/8" W = 10 LlLl-1/2" 15 Z Z 5 W a O OOKSON e a o McVISeQ: may 0, Zw0 AREA 1 16 V 17.0" COMPONE " 55 NT DIME 9 " S NSIONS 2 " 2.5" _ 5 2 16, 0" 17 0" 6 5" 5" Q . 31 2 5" _ a 1ft o" iA0" fi5" q5" 25" 30" 4 1W 1qn^ fis" ge° 25" 5 20 0° 21 n" s q 5" 2 5° 5" 6 22 0° 230° R5° qs 3a° an° 7 22 0" 23 (1" FS" 0.5" 2.5" 35" _ 8 2 n" 270 " g 9" 3 01' an" 0 24 0" 50" 25° so" f in 24 0° F 0" g a 5° 3 n" 5.0" 11 26 n" 27 n" q 5" Q 5° 3 0" s o° 22 Ga Exterior 20 8e Exteda 0 5 10 15 20 25 30 OPENING WIDTH IN FEET rn ■ ■ r Type FMWI - Motor (Gearhead - Vertical) Operated Insulated Service Doors Gray Prime Finish - Face of Wall Mounted - Featheredge 1.0 GENERAL 1.1 Summary A. All Rolling Insulated Service Doors shall be as manufactured by The Cookson Company, Phoenix, Arizona. Furnished mate- rials shall include all curtains, bottom bars, guides, brackets, hoods, operating mechanisms and any special features. B. Work not to be included by The Cookson Company includes design of, material for, and preparation of door openings but not limited to structural or miscellaneous iron work, access panels, finish painting, electrical wiring, conduit and discon- nect switches. 1.2 Quality Assurance A. Exterior rolling insulated service doors shall be designed to withstand at least a twenty (20) pounds per square foot wind- load. Windlocks shall be installed on doors over 16'1" wide. B. All rolling insulated service doors shall be designed to a stan- dard maximum of 25 cycles per day and an overall maximum of 50,000 operating cycles for the life of the door. 2.0 PRODUCTS 2.1 Materials A. The door curtain shall be constructed of interconnected strip steel slats conforming to ASTM A-653. The slats shall be des- ignated by The Cookson Company as No. 45 (measuring 3" high by 7/8" deep) consisting of a 22 gauge exterior slat and a 22 gauge interior slat separated by 13/16" of rigid insulation for doors up to 24' wide, and 20 gauge exterior slat and a 22 gauge interior slat separated by 13/16" of rigid insulation for doors over 24' wide. B. The finish on the door curtain shall be Cookson FinalCote con- sisting of the following: 1. Hot dipped galvanized G-90 coating consistent with ASTM A-653 2. Bonderized coating for prime coat adhesion 3. Corrosion inhibiting primer.2 mils per side 4. Thermosetting gray polyester top coat with a minimum thickness of .6 mils each side C. The bottom bar shall consist of two 1/8" steel angles mechanically joined together and shall include the Cookson Featheredge safety edge system. The finish on the bottom bar shall be one (1) coat of bronze rust-inhibiting prime paint. D. The guides shall consist of 3 steel angles bolted together with 3/8" fasteners to form a channel for the curtain to travel. Extruded vinyl snap-on weatherstripping shall be furnished continuously along the exterior leg of each guide. The wall angle portion shall be continuous and fastened to the sur- rounding structure with either minimum 1/2" fasteners or welds, both on 36" centers. The finish on the guide angles shall be one (1) coat of bronze rust-inhibiting prime paint. E. The brackets shall be constructed of steel not less than 1/4" thick and shall be bolted to the wall angle with minimum 1/2" fasteners. The finish on the brackets shall be one (1) coat of bronze rust-inhibiting prime paint. F. The barrel shall be steel tubing of not less than 6" in diam- eter. Oil tempered torsion springs shall be capable of correctly counter balancing the width of the curtain. The barrel shall be designed to limit the maximum deflection to .03" per foot of opening width. The springs shall be adjusted by means of an exterior wheel. The finish on the barrel shall be one (1) coat of bronze rust-inhibiting prime paint. G. The hood shall be fabricated from 24 gauge galvanized steel and shall be formed to fit the curvature of the brackets. The hood shall contain a waterproof baffle to control air infiltration. The finish on the hood shall be the Cookson FinalCote finish as indicated in the curtain section. 2.2 Operation A. The door shall be operated at a speed of 2/3 foot per second by an open drip-proof electric motor with gear reducer in oil bath. The motor operator shall include a geared limit switch, and an electrically interlocked emergency chain operator. The motor starter shall be housed in a NEMA 1 housing and include a magnetic reversing starter size 0, a 24 volt control transformer, and complete terminal strip to facilitate field wiring. The motor operator shall be activated by [a 3 button push-button station] [other controls as selected] in a NEMA 1 enclosure. The motor shall be size as required by the door [115 volts single phase] [230 volts single phase] [230 volts three phase] [460 volts three phase]. The motor operator shall be mounted to the door bracket as shown on drawings. All motor operators shall be U.L. listed. B. The service door shall include the Featheredge rolling door safety edge system as manufactured by The Cookson Company and shall include the following features: 1. The Featheredge shall be installed on the bottom bar of the door and shall automatically reverse the door if the device detects an obstruction in the downward travel of the door. 2. The Featheredge shall consist of a rubber boot attached below the bottom bar with an electrical switch secured to the back of the bottom bar. The Featheredge shall operate with air wave technology and shall not rely on pneumatic pressure or electrical strip contacts to operate properly. The Featheredge shall create an air wave that shall be detected and reverse the direction of the rolling door. 3. The operation of the Featheredge shall not be subject to interferences by temperature, barometric pressure, water infiltration, or cuts in the rubber boot. 4. The Featheredge shall be connected to the motor operator with a coil cord. 3.0 EXECUTION 3.1 Installation A. All Cookson Rolling Insulated Service doors shall be installed by an authorized Cookson distributor. 3.2 Warranty A. All Cookson Rolling Insulated Service Doors shall be war- ranted for a period of 2 years from the time of shipment against defects in workmanship and materials. 8.116 Page 1 of 1 X 0 0 httn://www.cooksondoor.com/images/ohoto-album/safecoint. inp- 9/6/2007 ti a n 6 J Mc:) ~X x ` Q c/) 7-1 C7 rrl i= Z X 7 C O o G frt r1 d 7 V ; P:., v ~f)y fit',VAL r- O D O rTl O C --i C7 O Z O Z_ C Archicccc of Rccord Vail's Front Door DRAWING N0: ASK A-020 Owncr / Dcaclorc REFERENCE: A200 42-40 Vail Resorts ISSUE: ASI A-025 09/06/07 - ~ Development Company SCALE: Dcnrcr, Colorado Avon, Colorado DRAWN BY: BG cn 0 z rn n O Z c a l~~ /v rn rn rn CD r- z 0 O MM r r~ 0 Architect of Rcand Vail's Front Door DRAWING No: ASK A-021 O ncr / Deveoper REFERENCE: A200 4240 Vail Resorts ISSUE: ASI A-025 Denver, Colorado Development Company DATE: 09/06/07 SCALE: Av,m. Colorado DRAWN BY: BG 0 0 C7 QJ ^ O(A ~00 m ~ o n~ D0 M ~cf) O G7 F- Z Z~ O = om o 0 ~o C) O ~ z ~ o o z ;~u ~ 0- b ArchiccetnlRceord Vail's Front Door DRAWING No: ASK A-022 4240 (honer / Dcvdoper REFERENCE: A200 Vail Resorts ISSUE: ASI A-025 Development Company SDI; 09/06/07 Denver, Colorado Avon, Culuradn DRAWN BY: BG K m I r= z G7 416/0'7 -5rA" ; lywq;g; 8iz;w, $i !J. r min, Looc e ~(vfi l 151~'~e s~ rzc i~.cs ~~4s 5 " ILI T]u R i4 + o &4 Of- +4ne- i4g1- eeme-x-cr A Li &*6; l t j oc..vr~N i ~,-c✓~TjGk-[S 1( spE4OCL- "u; pv-vlE. 47---- , Who p•4l5 Z "DE.S~~uw-~cC 5 ~oi2 vR c.XC~ ivy u5C 6)(C-[U51-44E- use t~ urbw~►r+ ~.t~ ~tA~~ 5;9~ ~ ` C~vneo[ v b ~o C-~')~4~E X02 ~ubt~L ~,tsE.. a uE ~ ~ ZCx.B 9//7 > Z N ~jr O X1 1 _J _LJ N (D W CO J Ld 00 J _ 0) N _J N N 00 00 z 00 L D II II U II _j ~ w J w U) LL N 3: 0 0 z_ 3 3 ,o Q~=w LLL~ D D c0 W I 00 E>J O J 00 Cn it ~ J W W a 0 ~o D \I A. I l C) R ID F_ V E l_ 0 F' M F:-- N T George Ruther Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Vail's Front Door Ski Yard - Temporary Restroom Facilities Dear George, C n M F' A, N Y The intent of this letter is to inform you that the temporary restroom facilities that will be placed in service in the Vail's Front Door Vista Bahn ski yard will be removed from the premises no later than Friday December 16, 2007. I understand that failure to do so constitutes a violation of our agreement and may be a violation of the Town of Vail's zoning regulations. If you have any comments or question regarding this matter please don't hesitate to contact me at 970.754.2524. Sincerely, Keith A. ernan ez President Vail Resorts Development Company Managing Member of The Chalets at the Lodge at Vail, LLC Appru.c 1 E, n.: Yail k • 1 '+vparhncnt lid Nunn: \I 1t il. \li~V ~~U Date: VAIL R[sonra' V1,61 Rt-mu, ~h•v •6q nu•N Coagnam • 137 Bcni•hnnnk Road • Pod Ullicr Ba\ 959 • Avon. Gilorado S1620-M-59 . 19711) 754-2535 • lax 197111 751-2555 • ~saa.vnh .rom \;til lioaecr Crcck'' Brrckrinidkr K yAonr' . Hvarrnly' Amnchrad- • Bachrlor C Ich • Tivil A) Hatich" Jack<(m Ihdr GoII and Trnni. Cluh'° ~J V A I L R E S O R T S D E V E L O P M E N T C O M P A N Y ORIGINAL George Ruther Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Vail's Front Door Ski Yard - Temporary Restroom Facilities Dear George, The intent of this letter is to inform you that the temporary restroom facilities that will be placed in service in the Vail's Front Door Vista Bahn ski yard will be removed from the premises no later than Friday December 16, 2007. I understand that failure to do so constitutes a violation of our agreement and may be a violation of the Town of Vail's zoning regulations. If you have any comments or question regarding this matter please don't hesitate to contact me at 970.754.2524. Sincerely, Keith A. ernan ez President Vail Resorts Development Company Managing Member of The Chalets at the Lodge at Vail, LLC Appro%cd a, !o 1- „ Vail k .r l ' I By: DateC L __VAIL RESORTS- Vail Resorts Development Company • 131 Benchmark Road • Post Office Box 959 • Avon, Colorado 81020-0959 • (970) 754-2535 • fax (970) 754-2555 • www.vrdc_com Vail • Beaver Creek" • Breckenridge Keystone' • Heavenly` Arrowhead' • Bachelor Gulch" • Red Sky Ranch" Jackson Hole Golf and Tennis Clul)" CJ (12/06/2007) George Ruther - approval letter.doc Page 1 TOAO 1309 Elkhorn Drive Art in Public Places Vail, CO 81657 970-479-2344 Fax: 970-479-2166 www.vai vailgo v.com com FILE COPY 4 December 2007 S.Jarvie Worcester Vail Resorts Development Company 137 Benchmark Road P.O. Box 959 Avon, CO 81620 RE: Public art component at Front Door Dear Jarvie, VRDC is required to provide Art in Public Places with a conceptual plan and meet with the Board. The Board has provided input which VRDC has taken into consideration when deciding on the public art component of the Front Door project. VRDC has met all requirements in regard to public art for this project. Yours sincerely, Leslie Fordham AIPP Coordinator 5 i ~ utfl 'DoC.~ rrt~•e.tT'S IM2cr osj ea -+x1r. COPY Tow" A4hxu. •s oP e'E. AMENDMENT TO FRONT DOOR DEVELOPMENT AGREEMENT THIS AMENDMENT TO FRONT DOOR DEVELOPMENT AGREEMENT (this "Amendment") is made effective as of the day of 2007, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), and THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"). RECITALS: A. The Town and Vail Associates are parties to a certain Front Door Development Agreement dated July 18, 2006, and recorded in the real property records for Eagle County, Colorado (the "Records"), on July 27, 2006, at Reception No. 200620331 (the "Development Agreement"). Initially capitalized terms used but not defined in this Agreement shall have the meanings ascribed thereto in the Development Agreement. B. The Front Door Project governed by the Development Agreement is to include, among other things, a new skier services building and facilities associated with skiing operations on Vail Mountain (the "Skier Services Facility"); a new ski club building and facility (the "Ski Club"); new spa facilities incorporated into The Lodge at Vail (the "Lodge Spa"), and certain additional accommodation units within The Lodge at Vail; an open ski yard and plaza area; residential townhomes/condominiums being developed under the trade name "The Chalets at The Lodge at Vail"; and a subterranean parking garage facility incorporating commercial loading and delivery facilities for both public and private use, including multiple loading bays. The Front Door Project is being undertaken by The Chalets at The Lodge at Vail, LLC ("CLV"), an affiliate of and as successor in interest to Vail Associates. C. In order to address the housing burdens created by the Front Door Project, paragraph 7 of the Development Agreement requires Vail Associates to furnish employee housing sufficient to accommodate 9 "beds," i.e., EHUs (defined below) that collectively have an occupancy capacity for 9 employees (the "Front Door Housing Requirement"). The term " EHUs" shall mean and include any types of deed-restricted employee housing units (including, without limitation, "Type IV") that may be available or applicable under the present provisions of Section 12-13-1, et seq., of the Vail Town Code (the "EHU Code Provisions"). Under that paragraph 7, the satisfaction of the Front Door Housing Requirement is a condition to the issuance of any certificate of occupancy, whether temporary or permanent ("C.O.s"), for the Front Door Project. D. The Town and Vail Associates have mutually determined to make this Amendment in order to modify the application of the Front Door Housing Requirement as a condition to the issuance of C.O.s for the Front Door Project. 806856.4 RCFISH NOW, THEREFORE, in consideration of the above premises, and the mutual covenants and agreements set forth herein, the Town and Vail Associates covenant and agree as follows: 1. Market Requirements. Within the period expiring on and including June 13, 2008 (the "Satisfaction Period"), Vail Associates will be required to provide the 9 beds under Front Door Housing Requirement by (i) acquiring, either directly or through one or more of its affiliates, fee title to residential dwelling units within the Town that are deed-restricted as EHUs, and/or (ii) securing the requisite EHU deed restrictions of record on residential dwelling units owned by others within the Town, provided that the EHUs or EHU deed restrictions so acquired or established may not be previously allocated to satisfy, any employee housing development requirements lawfully imposed by the Town on a third party (the "Market Acquisition Requirement"). Those dwelling units so acquired and/or restricted in accordance with the foregoing are sometimes referred to hereinafter as the "Market Units." The Town will cooperate promptly and reasonably with Vail Associates for verifying the effect under this Agreement of proposed transactions for Market Units and for establishing the related deed restrictions. 2. Letters of Credit. (a) Prior to the issuance of any C.O. for the Skier Services Facility, Vail Associates or an affiliate of Vail Associates shall furnish the Town with an irrevocable standby letter of credit in the amount of $823,784 (the "Skier Services Letter of Credit"); prior to the issuance of any C.O. for the Lodge Spa and/or the Ski Club, Vail Associates or an affiliate of Vail Associates shall furnish the Town with an irrevocable standby letter of credit in the amount of $358,681 (the "Spa/Club Letter of Credit"). The Skier Services Letter of Credit and the Spa/Club Letter of Credit are sometimes referred to hereinafter together or in the singular as the "Letter(s) of Credit." The parties acknowledge and agree that the combined amounts of the Letters of Credit are based on the Front Door Housing Requirement of 9 beds multiplied by the fee in lieu presently established for the inclusionary zoning within the New Housing Ordinances (defined below) in the amount of $131,385 per bed (the "Per Bed Attribution"). Vail Associates has agreed to the application of the Per Bed Attribution for purposes of this Agreement even though the New Housing Ordinances do not otherwise apply to the Front Door Project (except as otherwise elected, if at all, by Vail Associates). The "New Housing Ordinances" are constituted by Town Code Sections 12-23-1, et seg., and 12-24-1, et seq. Each Letter of Credit shall be issued by a banking institution, shall name the Town as beneficiary, and shall have a term no shorter than thirty (30) days after expiration of the Satisfaction Period. (b) If prior to the expiration of the Satisfaction Period, the Market Acquisition Requirement is partially satisfied by the establishment of Market Unit(s), the aggregate amounts that may be drawn under the Letters of Credit pursuant to paragraph 2(c) below will be reduced by an amount equal to the Per Bed Attribution applied to the number of beds allocable to the Market Unit(s) so established. The rights of the Town to draw upon the Letter(s) of Credit shall be limited by the applicable reduction, the Town will not make any draws under the Letters of Credit which in the aggregate exceed the reduced amount, and any proceeds derived from the Letters of Credit in excess of the reduced amount shall be and remain the sole property of Vail Associates and/or its affiliates (and 806856.4 RUISH 2 the Town will be obligated to remit any such excess to Vail Associates forthwith). At Vail Associates' election, Vail Associates may also provide replacement Letter(s) of Credit reflecting the applicable reduction (with the Town to return the Letter(s) of Credit being replaced). (c) If Vail Associates defaults in the timely satisfaction of the Market Acquisition Requirement, then the Town shall have the right to draw upon the Letters of Credit to the extent permitted under paragraph 2(b) above, and to retain the properly drawn amounts in full satisfaction of the Market Acquisition Requirement. Such right to draw upon the Letters of Credit and to retain the proper amount of proceeds shall be the Town's sole right or remedy for any default of the Market Acquisition Requirement (and its satisfaction shall not be a condition to the issuance of any C.O.s). Proceeds of proper draws under the Letters of Credit will be used by the Town solely to acquire EHUs within the Town. Conversely, if and when the Market Acquisition Requirement has been timely satisfied, the Town will return the Letters of Credit to Vail Associates or its designee, and the Town shall have no further interest in the Letters of Credit. (d) The Front Door Housing Requirement shall now be allocated and applied solely to the Skier Services Facility and to the Lodge Spa and Ski Club, and satisfaction of the Front Door Housing Requirement shall no longer act as a condition to the issuance of any C.O. for any other element of the Front Door Project or encumber the same in any respect. In addition, (i) upon the delivery to the Town of the Skier Services Letter of Credit, the Front Door Housing Requirement will be satisfied with respect to and shall no longer be a condition to the issuance of any C.O. for the Skier Services Facility, and (ii) upon the delivery to the Town of the Spa/Club Letter of Credit, the Front' Door Housing Requirement will be satisfied with respect to and shall no longer act as a condition to the issuance of any C.O. for either of the Lodge Spa or Ski Club. 3. Notices; Business Davs. Any notice required or permitted under the terms of this Amendment shall be given and shall be deemed received in accordance with the notice provisions under the Development Agreement, which are incorporated herein by this reference and made applicable to the provisions of this Amendment. For that purpose, the notice addresses and information applicable to Vail Associates are hereby modified as follows: The Vail Corporation c/o Vail Resorts Development Company P.O. Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Keith Fernandez, Authorized Agent Fax No.: (970) 754-2555 806856.4 RUISH 3 with a copy to: Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Julie Stencel, Esq. and Diane Mauriello, Esq. Fax No.: (970) 754-2555 As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Amendment falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 4. Effect. This Amendment constitutes a modification of the provisions of the Development Agreement. Except as modified hereby, the Development Agreement shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Development Agreement, the provisions of this Amendment shall be controlling. The terms of this Amendment shall be interpreted and given force and effect in accordance with the non-conflicting provisions of the Development Agreement, which shall be applied to the terms and provisions of this Amendment as if this Amendment were a part of the Development Agreement in the first instance. 5. Entire Agreement. This Amendment and the Development Agreement represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations (including, without limitation, any summaries of terms) shall be deemed merged herein. 6. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Colorado. 7. Additional Assurances. The parties agree to reasonably cooperate in executing any additional documents and in taking any additional action as may be reasonably necessary to carry out the purposes of this Amendment. Without limitation on the foregoing, the Town agrees to furnish such written confirmations as Vail Associates may require of any satisfaction, in whole or part, of the Front Door Housing Requirement pursuant to the terms hereof. 8. Successors and Assigns. Subject to the limitations under the Development Agreement, the respective rights and obligations of the parties shall be binding upon and inure to the benefit of their respective successors and assigns. CLV shall be an express third-party beneficiary of the Town's agreements and obligations hereunder. 9. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 10. Recording. This Amendment may be recorded in the Records, but only at the election of Vail Associates. 806856.4 RUISH 4 11. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Amendment and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other party all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). [Balance of page intentionally left blank] 806856.4 RCFISH 5 IN WITNESS WHEREOF, the Town and Vail Associates have made this Second Amendment to Front Door Development Agreement effective as of the day, month and year first above written. TOWN: TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado By: Stanley B. Zemler, Town Manager ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before. me this day of 20by Stanley B. Zemler as Town Manager of Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public [Signature Block of Vail Associates Follows on Next Pagel 806856.4 RCFISH 6 VAIL ASSOCIATES: THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation By: Keith Fernandez, President and COO-VRDC STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of ,20 , by Keith Fernandez as President and COO-VRDC of The Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation WITNESS my hand and official seal. My commission expires: Notary Public 806856.4 F.CHSH 7 Bankof America COPY BANK OF AMERICA - CONFIDENTIAL PAGE: 1 DATE: DECEMBER 10, 2007 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3091021 ISSUING BANK BANK OF AMERICA, N.A. 1000 W. TEMPLE STREET 7TH FLOOR, CA9-705-07-05 LOS ANGELES, CA 90012-1514 BENEFICIARY APPLICANT THE TOWN OF VAIL, STATE OF COLORADO THE CHALETS AT THE LODGE AT 75 S. FRONTAGE ROAD WEST VAIL LLC C/O THE VAIL CORPORATION VAIL, CO 81657 390 INTERLOCKEN CRESCENT, STE 1000 BROOMFIELD, CO 80021 AMOUNT NOT EXCEEDING USD 1,024,336.00 NOT EXCEEDING ONE MILLION TWENTY FOUR THOUSAND THREE HUNDRED THIRTY SIX AND 001100'S US DOLLARS EXPIRATION NOVEMBER 30, 2008 AT OUR COUNTERS WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT WHICH IS AVAILABLE WITH BANK OF AMERICA, N.A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA, N.A., ACCOMPANIED BY THE DOCUMENT DETAILED BELOW: BENEFICIARY'S SIGNED STATEMENT STATING THE FOLLOWING: QUOTE 1) THERE HAS BEEN A DEFAULT UNDER THE DEVELOPER IMPROVEMENT AGREEMENT DATED DECEMBER 2007 BETWEEN THE CHALETS AT THE LODGE AT VAIL, LLC AND THE TOWN OF VAIL (THE "DIA") WITH RESPECT TO THE COMPLETION OF THE IMPROVEMENTS AS INDICATED IN THE APPROVED PLANS AND SPECIFICATIONS FILED IN THE OFFICE OF THE COMMUNITY DEVELOPMENT OF THE TOWN OF VAIL, AND THE DEVELOPER HAS NOT CURED NOR COMMENCED TO CURE SUCH DEFAULT WITHIN THE APPLICABLE CURE PERIOD IN ACCORDANCE WITH THE TERMS CONTAINED IN THE DIA. 2) THE AMOUNT DRAWN IS REASONABLY REQUIRED TO REMEDY THE DEFAULT. UNQUOTE PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE PERMITTED. THIS LETTER OF CREDIT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO EXTEND ORIGINAL 05-17-1486B 7-2000 Bankof America BANK OF AMERICA - CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3091021 THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT BANK OF AMERICA, N.A., TRADE OPERATIONS CENTER, 1000 W. TEMPLE STREET, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA 90012-1514, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-481-7840. ; 0 4 AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). BoNvar Carrilop ORIGINAL 05-17-1486B 7-2000 _T_~T-- - - - (12/14/2007) George Ruther - Re: Vail's Front Door Art Obligation Page 1i From: Leslie Fordham To: George Ruther Date: 12/14/2007 1:59 PM FILE COPY Subject: Re: Vail's Front Door Art Obligation The obligation is $1,00,000. The Town Council asked them to contribute $250,000 to the Seibert Fountain reducing their obligation to $750,000. The sculpture they are interested in costs about $500,000 plus landscaping and lighting. The DIA requires them to only to submit a conceptual plan to AIPP at a Board meeting prior to building permit. They did that, after building permit. Leslie Fordham AIPP Coordinator Town of Vail 1309 Elkhorn Drive Vail, CO 81657 970-479-2344 (f)970-479-2166 > > > George Ruther 12/14/2007 1:42 PM > > > Leslie- Can you share with me your understanding of the art obligation for Vail's Front Door? The developer has an obligation to provide $1,000,000 in public art. Thanks, George Ruther, AICP Director of Community Development Town of Vail (970) 479-2145 office (970) 376-2675 cell (970) 479-2452 fax gruther@vailgov.com 0 1011 111 ?I O OQ .L. 44- F~ r r CLM Co CM00 L.j J L_fflm~ i X A'fE - 5 E kE E i'. f r _ E d a tti.. I i ~ ~ ' s - - F fr E • ro _ ti z Y ~ e I- G ~ .i l 2 \ -Psl Y~ s 4 4 I l hF tf (rl ~f~r. 1 I E k- r 'i L f" l it .AP ~s I f 14 n 9d 6 d A e <e ' I < a, I Y s y y XR ~ 0 '1000 i IIV-1 i' v" S$ f~ t h ;s ~ s;rax :a N s,pp t' ~-+wi ~ i n t I F,7 rL e ~ yrx ~.V a;: I:, 9 s Sdf 5 C 5s} °.G!:. AU i L U r z` d t ~ I 0 t t AdO3 3111 Y d a ~ r qty _ r R5-i Z 7"`- ~ U Y C Nw 9 AKE is N F _ iV. M SL_ E- lam. ~5: El ti L S ; 2Z S LH, t a r ~f n f }S 9 6 6 ~ # s$ G$ ~ ~ y;M1 is C ILE IRREVOCABLE STANBY LETTER OF CREDIT FORMAT F COPY Legal Description: Lot ABC, Block 5C Subdivision: Vail Village 1 Address: 174 Gore Creek Dr, Vail: Vail's Front Door Bldgs. D & A Developer: The Chale it 5e Lodge at Vail LLC Ia. Project Number: ~FGGGG v ED) 05 Permit Number: 0221 Improvement Completion Date: tl 1 108 Letter of Credit Expiration Date: 1 t O O DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _LS!~day of December 2007, by and among The Chalets at the Lodge at Vail, LLC a Colorado limited liability company (the "Developer") and the Town of Vail (the "Town") and Bank of America (the "Bank"). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for 174 Gore Creek Drive, Vail's Front Door Bldgs. A & D; Lot ABC, Block 5C, Subdivision Vail Village 1 wishes to enter into a Developer Improvement Agreement; and WHEREAS, the Developer is obligated to provide security or collateral sufficient in the judgement of the Town to make reasonable provisions for completion of certain improvements set forth in the attached estimated bid(s) in accordance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail; and WHEREAS, The Vail Corporation desires to act for the benefit of its affiliate solely to assist with the letter of credit, and WHEREAS, the Developer wishes to provide security to guarantee performance of this Agreement, including completion of all improvements set forth on the estimated bid attached hereto as Exhibit A (the "Improvements") referred to in this Agreement, by means of the following: The Developer by and through The Vail Corporation agrees to establish an irrevocable standby letter of credit # 330IQZ l in the amount of $1,024,336.00 with Bank of America as the security for the completion of all Improvements, in the event there is a default under this Agreement by the Developer. NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Developer and the Town agree as follows: 1. Developer Commitment. The Developer agrees, at its sole cost and expense, to furnish all equipment and materials necessary to perform and complete all Improvements. The Developer agrees to complete all improvements referred to in this Agreement on or before the 1st day of November, 2008. The Developer shall complete, in a good workmanlike manner, all Improvements, in accordance with all approved plans and specifications filed in the office of the Community Development Department of the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. All said work shall be done under the inspection of, and to the satisfaction of, the Town Planner, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed complete until Page 1 of 6 approved and accepted as completed by the Community Development Department and Public Works Department of the Town of Vail. 2. Letter of Credit. To secure and guarantee performance of the obligations as set forth herein, the Developer by and through The Vail Corporation agrees to provide security as follows: Irrevocable standby letter of credit # 309 ! D Z I in the amount of $1,024,336.00 (125% of the total costs of the attached estimated bid(s) in the form attached hereto as Exhibit B (the "Letter of Credit") with Bank of America set to expire on the 30th day of November, 2008 (not to expire less than 30 days after the date set forth in Paragraph 1 of this Agreement) as the security for the completion of all Improvements, in the event there is an uncured default under this Agreement by the Developer. 3. Substitution. The Developer may at any time substitute the security originally set forth above for another form of security or collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to in this Agreement and the performance of the terms of this Agreement. Such acceptance by the Town of alternative security or collateral shall be at the Town's sole discretion. 4. Liability. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Developer unless caused by the negligence or willful misconduct of the Town, its officers, agents, or employees. The Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer my have. 5. Partial Release. It is mutually agreed that the Developer may apply for and the Town may authorize a partial release of the security provided to the Town for each category of improvement at such time as such Improvements are constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition shall the dollar amount of the security provided to the Town be reduced below the dollar amount necessary to complete all uncompleted Improvements. 6. Notice/Cure/Self Help. If the Town determines, at its sole discretion, that any of the Improvements are not constructed in compliance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail or not accepted by the Town as complete on or before the date set forth in Paragraph 1 of this Agreement, the Town may, but shall not be required to, draw upon the security referred to in this Agreement and complete the uncompleted Improvements after written notice to the Developer of each improvement which the Town determines is not constructed in compliance with the approved plans and specifications filed Page 2 of 6 in the office of the Community Development Department of the Town of Vail or riot accepted by the Town as complete and a thirty (30) day opportunity for the Developer to cure any such default. In the event Developer has commenced to cure the default within the cure period, such cure period shall be extended beyond the 30 days for such reasonable period is required for Developer to cure the default. Pursuant to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this Agreement may be revoked after the notice and opportunity to cure until all Improvements are completed by the Developer or the Town in accordance with this Agreement. If the costs of completing the uncompleted Improvements (as determined by Developer and Town) exceed the dollar amount of the security provided to the Town, the excess, together with interest at twelve percent (12%) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. If the Developer fails or refuses to complete the Improvements, such failure or refusal shall be considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer shall be subject to penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4 (General Penalty), Vail Town Code. 7. Warranty. The Developer shall warranty the work and materials of all Improvements located on Town property or within a Town right-of-way, pursuant to Chapter 8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said improvements. 8. Assignment. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. Dated the day and year first above written. The Chalets at the Lodge t Vail, LLC By Vail rts [eent Company, its Managing Member Keith Fernandez, President and COO VRDC STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this Day of 10 e C • 20x7 by K- e i 4e.rAa"Je --z- Witness my hand and official seal. M commission expires L pTA~q A y;•y ~ • o 's Notary Public y Q 9l••~BL~C; E F Q~ OF COLO a Q a > as Cc z Page 3 of 6 Town Planner STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowled ed before me this 1 Dayof ,20o-4 by eo -r - v+kt(- Witness my hand and official seal. My commission expires: Ib lO h r7-1-A )4 Notary Public COREY SWISHER NOTARY PUBLIC STAT,17O F COL0RAD( mmission Expires 'i Page 4 of 6 ATTACHED COPIES OF THE ESTIMATED BID(S) Page 5 of 6 Incomplete Site Work Items Item Cost Estimated Completion Vista Bahn Yard Asphalt Bike Path In Yard Only. East connection to plaza is 1 complete. $26,444 Late Spring 2008 2 Asphalt road from tunnel to mountain road. $19,180 Late Spring 2008 3 Landscaping and Irrigation in Vista Bahn yard. Sleeving is complete $135,230 Summer 2008 Landscape plantings and irrigation in Vista Bahn Plaza. Site 4 boulders and rough grading is complete. $26,450 Summer 2008 Contingency (10%) $20,730 Total Vista Bahn Yard $228,034 Access Road From Vail Road to One Vail Place Landscaping along road area. Includes, irrigation, boulders, and 1 plantings. $202,566 Summer 2008 2 Pavers at Traffic Circle. Temporary surface will be installed. $27,450 Late Spring 2008 3 Retaining walls south east of traffic circle. $78,431 Late Spring 2008 Stamped concrete paving along path and at entry to access road. 4 Temporary surface will be installed. $143,249 Late Spring 2008 Contingency (10%) $45,170 Total Access Road From Vail Road to Once Vail Place $496,866 Vail Road and Garage Entry Stamped colored concrete at west garage entry. Temporary surface 1 will be installed. $73,521 Late Spring 2008 2 Heat in Sidewalk along Vail Road to Lodge at Vail Parking lot. $12,450 January 2008 Contingency (10%) $8,597 Total Vail Road and Garage Entry $94,568 Check Point Charlie and Gore Creek Drive As agreed with TOV this work will not be completed this year and bonding of the work is not required due to the uncertainty of final design. Scope of work includes all work north of the south entrance 1 to the Lodge at Vail parking lot. No cost. Presently Unknown Lodge at Vail Addition and Ski Club Any incomplete work will be bonded separately upon completion and TCO for respective Buildings. Scope of work includes all site 1 improvements with pool enclosure fence. No cost. March 2008 Chalets at the Lodge at Vail Any incomplete work will be bonded separately upon completion and TCO for respective Buildings. Scope of work includes all site improvements south of the access road to the west extents of the 1 traffic circle. No cost: August 2008 Total $819,469 Plus: DIA required 25% $204,867 Total Improvements to be covered by Letter of Credit $1,024,336 TOWN 75 South Frontage Road, W. Vail, CO 81657 Project Name: t?RS06 - o03 I it Project Number: \Itai P5 rR01-x 'Dope Bug Building Permit Number: I Planner: - 6DO-06 uT ae Letter of Credit Number: 304 l 02 Issuing Bank: 13141k of l m6nizA Please return this sheet with your letter of credit if you are not signing the Town of Vail irrevocable letter of credit form. Page 6 of 6 BankofAmerica ORIGINAL ® BANK OF AMERICA - CONFIDENTIAL PAGE: 1 DATE: DECEMBER 10, 2007 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3091021 ISSUING BANK BANK OF AMERICA, N.A. 1000 W. TEMPLE STREET 7TH FLOOR, CA9-705-07-05 LOS ANGELES, CA 90012-1514 BENEFICIARY APPLICANT THE TOWN OF VAIL, STATE OF COLORADO THE CHALETS AT THE LODGE AT 75 S. FRONTAGE ROAD WEST VAIL LLC C/O THE VAIL CORPORATION VAIL, CO 81657 390 INTERLOCKEN CRESCENT, STE 1000 BROOMFIELD, CO 80021 AMOUNT NOT EXCEEDING USD 1,024,336.00 NOT EXCEEDING ONE MILLION TWENTY FOUR THOUSAND THREE HUNDRED THIRTY SIX AND 001100'S US DOLLARS EXPIRATION NOVEMBER 30, 2008 AT OUR COUNTERS WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT WHICH IS AVAILABLE WITH BANK OF AMERICA, N.A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA, N.A., ACCOMPANIED BY THE DOCUMENT DETAILED BELOW: BENEFICIARY'S SIGNED STATEMENT STATING THE FOLLOWING: QUOTE 1) THERE HAS BEEN A DEFAULT UNDER THE DEVELOPER IMPROVEMENT AGREEMENT DATED DECEMBER 2007 BETWEEN THE CHALETS AT THE LODGE AT VAIL, LLC AND THE TOWN OF VAIL (THE "DIA") WITH RESPECT TO THE COMPLETION OF THE IMPROVEMENTS AS INDICATED IN THE APPROVED PLANS AND SPECIFICATIONS FILED IN THE OFFICE OF THE COMMUNITY DEVELOPMENT OF THE TOWN OF VAIL, AND THE DEVELOPER HAS NOT CURED NOR COMMENCED TO CURE SUCH DEFAULT WITHIN THE APPLICABLE CURE PERIOD IN ACCORDANCE WITH THE TERMS CONTAINED IN THE DIA. 2) THE AMOUNT DRAWN IS REASONABLY REQUIRED TO REMEDY THE DEFAULT. UNQUOTE PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE PERMITTED. THIS LETTER OF CREDIT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO EXTEND ORIGINAL 05-17-1486B 7-2000 ' gan'kof America BANK OF AMERICA - CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3091021 THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT BANK OF AMERICA, N.A., TRADE OPERATIONS CENTER, 1000 W. TEMPLE STREET, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA 90012-1514, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-481-7840. AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). BoNvar Carrili@o ORIGINAL 05-17-1486B 7-2000 F/L [ COPY AMENDMENT TO FRONT DOOR DEVELOPMENT AGREEMENT THIS AMENDMENT TO FRONT DOOR DEVELOPMENT AGREEMENT (this "Amendment") is made effective as of the LS day of -L-VT . he.✓ 2007, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), and THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"). RECITALS: A. The Town and Vail Associates are parties to a certain Front Door Development Agreement dated July 18, 2006, and recorded in the real property records for Eagle County,, Colorado (the "Records"), on July 27, 2006, at Reception No. 200620331 (the "Development Agreement"). Initially capitalized terms used but not defined in this Amendment shall have the meanings ascribed thereto in the Development Agreement. B. The Front Door Project governed by the Development Agreement is to include, among other things, a new skier services building and facilities associated with skiing operations on Vail Mountain (the "Skier Services Facility"); a new ski club building and facility (the "Ski Club"); new spa facilities incorporated into The Lodge at Vail (the "Lodge Spa"), and certain additional accommodation units within The Lodge at Vail; an open ski yard and plaza area; residential townhomes/condominiums being developed under the trade name "The Chalets at The Lodge at Vail"; and a subterranean parking garage facility incorporating commercial loading and delivery facilities for both public and private use, including multiple loading bays. The Front Door Project is being undertaken by The Chalets at The Lodge at Vail., LLC ("CLV"), an affiliate of and as successor in interest to Vail Associates. C. In order to address the housing burdens created by the Front Door Project, paragraph 7 of the Development Agreement requires Vail Associates to furnish employee housing sufficient to accommodate 9 "beds," i.e., EHUs (defined below) that collectively have an occupancy capacity for 9 employees (the "Front Door Housing Requirement"). The term "EHUs" shall mean and include any types of deed-restricted employee housing units (including, without limitation, "Type IV") that may be available or applicable under the present provisions of Section 12-13-1, et sec., of the Vail Town Code (the "EHU Code Provisions"). Under that paragraph 7, the satisfaction of the Front Door Housing Requirement is a condition to the issuance of any certificate of occupancy, whether temporary or permanent ("C.O.s"), for the Front Door Project. D. The Town and Vail Associates have mutually determined to make this Amendment in order to modify the application of the Front Door Housing Requirement as a condition to the issuance of C.O.s for the Front Door Project. 8068564 RCFISH NOW, THEREFORE, in consideration of the above premises, and the mutual covenants and agreements set forth herein, the Town and Vail Associates covenant and agree as follows: 1. Market Requirements. Within the period expiring on and including June 13, 2008 (the "Satisfaction Period"), Vail Associates will be required to provide the 9 beds under Front Door Housing Requirement by (i) acquiring, either directly or through one or more of its affiliates, fee title to residential dwelling units within the Town that are deed-restricted as EHUs, and/or (ii) securing the requisite EHU deed restrictions of record on residential dwelling units owned by others within the Town, provided that the EHUs or EHU deed restrictions so acquired or established may not be previously allocated to satisfy any employee housing development requirements lawfully imposed by the Town on a third party (the "Market Acquisition Requirement"). Those dwelling units so acquired and/or restricted in accordance with the foregoing are sometimes referred to hereinafter as the "Market Units." The Town will cooperate promptly and reasonably with Vail Associates for verifying the effect under this Amendment of proposed transactions for Market Units and for establishing the related deed restrictions. 2. Letters of Credit. (a) Prior to the issuance of any C.O. for the Skier Services Facility, Vail Associates or an affiliate of Vail Associates shall furnish the Town with an irrevocable standby letter of credit in the amount of $823,784 (the "Skier Services Letter of Credit"); prior to the issuance of any C.O. for the Lodge Spa and/or the Ski Club, Vail Associates or an affiliate of Vail Associates shall furnish the Town with an irrevocable standby letter of credit in the amount of $358,681 (the "Spa/Club Letter of Credit"). The Skier Services Letter of Credit and the Spa/Club Letter of Credit are sometimes referred to hereinafter together or in the singular as the "Letter(s) of Credit." The parties acknowledge and agree that the combined amounts of the Letters of Credit are based on the Front Door Housing Requirement of 9 beds multiplied by the fee in lieu presently established for the inclusionary zoning within the New Housing Ordinances (defined below) in the amount of $131,385 per bed (the "Per Bed Attribution"). Vail Associates has agreed to the application of the Per Bed Attribution for purposes of this Amendment even though the New Housing Ordinances do not otherwise apply to the Front Door Project (except as otherwise elected, if at all, by Vail Associates). The "New Housing Ordinances" are constituted by Town Code Sections 12-23-1, et seq., and 12-24-1, et seed. Each Letter of Credit shall be issued by a banking institution, shall name the Town as beneficiary, and shall have a term no shorter than thirty (30) days after expiration of the Satisfaction Period. (b) If prior to the expiration of the Satisfaction Period, the Market Acquisition Requirement is partially satisfied by the establishment of Market Unit(s), the aggregate amounts that may be drawn under the Letters of Credit pursuant to paragraph 2(c) below will be reduced by an amount equal to the Per Bed Attribution applied to the number of beds allocable to the Market Unit(s) so established. The rights of the Town to draw upon the Letter(s) of Credit shall be limited by the applicable reduction, the Town will not make any draws under the Letters of Credit which in the aggregate exceed the reduced amount, and any proceeds derived from the Letters of Credit in excess of the reduced amount shall be and remain the sole property of Vail Associates and/or its affiliates (and 806856.4 RCFISH 2 the Town will be obligated to remit any such excess to Vail Associates forthwith). At Vail Associates' election, Vail Associates may also provide replacement Letter(s) of Credit reflecting the applicable reduction (with the Town to return the Letter(s) of Credit being replaced). (c) If Vail Associates defaults in the timely satisfaction of the Market Acquisition Requirement, then the Town shall have the right to draw upon the Letters of Credit to the extent permitted under paragraph 2(b) above, and to :retain the properly drawn amounts in full satisfaction of the Market Acquisition Requirement. Such right to draw upon the Letters of Credit and to retain the proper amount of proceeds shall be the Town's sole right or remedy for any default of the Market Acquisition Requirement (and its satisfaction shall not be a condition to the issuance of any C.O.s). Proceeds of proper draws under the Letters of Credit will be used by the Town solely to acquire EHUs within the Town. Conversely, if and when the Market Acquisition Requirement has been timely satisfied, the Town will return the Letters of Credit to Vail Associates or its designee, and the Town shall have no further interest in the Letters of Credit. (d) The Front Door Housing Requirement shall now be allocated and applied solely to the Skier Services Facility and to the Lodge Spa and Ski Club, and satisfaction of the Front Door Housing Requirement shall no longer act as a condition to the issuance of any C.O. for any other element of the Front Door Project or encumber the same in any respect. In addition, (i) upon the delivery to the Town of the Skier Services Letter of Credit, the Front Door Housing Requirement will be satisfied with respect to and shall no longer be a condition to the issuance of any C.O. for the Skier Services Facility, and (ii) upon the delivery to the Town of the Spa/Club Letter of Credit, the Front Door Housing Requirement will be satisfied with respect to and shall no longer act as a condition to the issuance of any C.O. for either of the Lodge Spa or Ski Club. 3. Notices; Business Days. Any notice required or permitted under the terms of this Amendment shall be given and shall be deemed received in accordance with the notice provisions under the Development Agreement, which are incorporated herein by this reference and made applicable to the provisions of this Amendment. For that purpose, the notice addresses and information applicable to Vail Associates are hereby modified as follows: The Vail Corporation c/o Vail Resorts Development Company P.O. Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Keith Fernandez, Authorized Agent Fax No.: (970) 754-2555 806856.4 RUISH 3 with a copy to: Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Julie Stencel, Esq. and Diane Mauriello, Esq. Fax No.: (970) 754-2555 As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Amendment falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 4. Effect. This Amendment constitutes a modification of the provisions of the Development Agreement. Except as modified hereby, the Development Agreement shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Development Agreement, the provisions of this Amendment shall be controlling. The terms of this Amendment shall be interpreted and given force and effect in accordance with the non-conflicting provisions of the Development Agreement, which shall be applied to the terms and provisions of this Amendment as if this Amendment were a part of the Development Agreement in the first instance. 5. Entire Agreement. This Amendment and the Development Agreement represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations (including, without limitation, any summaries of terms) shall be deemed merged herein. 6. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Colorado. 7. Additional Assurances. The parties agree to reasonably cooperate in executing any additional documents and in taking any additional action as may be reasonably necessary to carry out the purposes of this Amendment. Without limitation on the foregoing, the Town agrees to furnish such written confirmations as Vail Associates may require of any satisfaction, in whole or part, of the Front Door Housing Requirement pursuant to the terms hereof. 8. Successors and Assigns. Subject to the limitations under the Development Agreement, the respective rights and obligations of the parties shall be binding upon and inure to the benefit of their respective successors and assigns. CLV shall be an express third-party beneficiary of the Town's agreements and obligations hereunder. 9. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 10. Recording. This Amendment may be recorded in the Records, but only at the election of Vail Associates. 806856.4 RCF[SH 4 11. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Amendment and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other party all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). [Balance of page intentionally left blank] 806856,4 RCFISH IN WITNESS WHEREOF, the Town and Vail Associates have made this Second Amendment to Front Door Development Agreement effective as of the day, month and year first above written. SEAL 4~~(Of2AE ~ TOWN: TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado By: St ey B. Zemler, Town Manager AT EST: elei D aldson, To n Clerk STATE OF COLORADO ) ss. COUNTY OF EAGLE ) ~ L. The foregoing instrument was acknowledged before me this 12- day of Ly-ey_ , 200?, by Stanley B. Zemler as Town Manager of Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. WITNESS my hand and official seal. ,,"z%3'%%3;1'My*ommission expires: C.2L-Q L1 Z00 ! m GEL ~j ,.0. ? O u jj [Signature Block of Vail Associates Follows on Next Page] Jjjje1r ~ 'f~~ • . TAB "0' 806856.4 RCRSH 6 VAIL ASSOCIATES: Approved as to Form: Vail P. its al Department By:- ~'~1ER Date: STATE OF COLORADO COUNTY OF EAGLE ss. THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation Y Keith Fernandez, President and COO-VRDC The foregoing instrument was acknowledged before me this day of 0 e L , 20 07by Keith Fernandez as President and COO-VRDC of The Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation WITNESS my hand and official seal. My commission expires: / ` / L/ - o q OTAC" NG 9~pp~'c'~LC IllyGonxrrs W Expires01/14= Notary Public 806856.4 RCFISH 7 BankofAmeric s BANK OF AMERICA - CONFIDENTIAL DATE: DECEMBER 18, 2007 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3091277 PAGE: 1 ISSUING BANK BANK OF AMERICA, N.A. 1000 W. TEMPLE STREET 7TH FLOOR, CA9-705-07-05 LOS ANGELES, CA 9001.2-1514 BENEFICIARY TOWN OF VAIL 75 S. FRONTAGE ROAD -VAIL,- CO 81-657 APPLICANT VAIL ASSOCIATES, INC. C/O THE VAIL CORPORATION 390 INTERLOCKEN CRESCENT,- STE. 1000 BROOMFIELD, CO 80021- AMOUNT USD 823,784.00 EIGHT HUNDRED TWENTY THREE THOUSAND SEVEN HUNDRED EIGHTY FOUR AND.00/100'S US DOLLARS EXPIRATION JULY 14, 2008 AT OUR COUNTERS WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT WHICH IS AVAILABLE WITH BANK OF AMERICA, N.A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA, N.A., ACCOMPANIED BY THE DOCUMENT DETAILED BELOW: BENEFICIARY'S SIGNED STATEMENT STATING THE FOLLOWING: QUOTE (1) THERE HAS BEEN A DEFAULT UNDER THE AMENDMENT TO FRONT DOOR DEVELOPMENT AGREEMENT DATED DECEMBER 17, 2007 (THE "AGREEMENT") BETWEEN THE VAIL CORPORATION D/B/A VAIL ASSOCIATES, INC. AND THE TOWN OF VAIL WITH RESPECT TO THE SATISFACTION OF THE MARKET ACQUISITION REQUIREMENT WITHIN THE SATISFACTION PERIOD AS DEFINED IN 'THE AGREEMENT, (2) THE AMOUNT DRAWN IS REQUIRED TO REMEDY THE DEFAULT, (3) SUCH DRAW, COUPLED WITH ANY PERMITTED DRAW UNDER THE OTHER LETTER OF CREDIT PROVIDED PURSUANT TO THE AGREEMENT, IS THE TOWN OF VAIL'S SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT, AND THE DRAW(S) CONFORM WITH THE LIMITATIONS ON DRAW AMOUNTS UNDER THE AGREEMENT, AND ORIGINAL 05-17-1486B 7-2000 Bankof America BANK OF AMERICA - CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3091277 (4) THE AMOUNTS DRAWN WILL BE APPLIED IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT. UNQUOTE PARTIAL DRAWINGS ARE PERMITTED. THIS LETTER OF CREDIT MAY NOT BE DRAWN UPON PRIOR TO JUNE 14, 2008. THE AMOUNT OF THIS LETTER OF CREDIT WILL BE AUTOMATICALLY REDUCED UPON OUR RECEIPT OF YOUR WRITTEN NOTICE SIGNED BY ONE OF YOUR AUTHORIZED OFFICERS STATING "WE HEREBY CERTIFY THAT IN ACCORDANCE TO THE AGREEMENT THE AMOUNT OF LETTER OF CREDIT NO. MAY BE REDUCED BY $ TO A NEW OUTSTANDING AMOUNT OF WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT BANK OF AMERICA, N.A., TRADE OPERATIONS CENTER, 1000 W. TEMPLE STREET, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA 90012-1514, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRATION DATE OR ANY EXTENDED EXPIRATION DATE AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-481-7844. AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). ANNIE H. MATIAS ORIGINAL 05-17-1486B 7-2000 VAI L El"1'IZ:\ORI)IN,\Rl" RESORTS • EXCEPTIONAL ENPERIENCI S March 18, 2008 Stan Zemler, Town Manager George Ruther, Director of Community Development Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Re: Front Door Housing Requirement Dear Stan & George: As you are aware, pursuant to Section 1 of that certain Amendment to Front Door Development Agreement (the "Amendment"), dated December 17, 2007, by and between the Town of Vail (the "Town") and The Vail Corporation d/b/a Vail Associates, Inc. ("VA"), VA is required to provide nine (9) beds under the Front Door Housing Requirement by June 13, 2008. Pursuant to the Amendment, VA is prepared to fulfill its obligation by either (i) acquiring fee title to residential dwelling units within the Town that are deed-restricted as EHUs and/or (ii) securing the necessary EHU deed restrictions of record on residential dwelling units owned by others within the Town. However, I am writing to clarify whether the Town would prefer that these beds be added to the employee housing currently being planned for the North Day Lot. In the event the Town would like us to pursue housing on the North Day Lot, please let us know by April 1, 2008 so that we may prepare the necessary amendment to the existing Amendment, which would extend the time frame to be consistent with the time frames included in the amendment to the Core Site Development Agreement related to the Arrabelle project. If I do not hear from you by April 1, 2008, VA will proceed with acquiring or securing the beds via the options described above. Please feel free to contact me directly to discuss this Siil.iati0n. Sincerel , Keith Fernandez President & COO - VRDC cc: Matt Mire Rob Katz Diane Mauriello Vail Resorts Management Company • 970 754 2635 • vailresortsxom Post 0hice Box 959, 137 Benchmark Road • Avon, Colorado 81620 8 TOWN O WAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www. vailgov. com March 24, 2008 Mr. Keith Fernandez, President & COO Vail Resorts Development Company P.O. Box 959 Avon, Colorado 81620 Re: Front Door Housing Requirement Dear Keith: Thank you for your letter of March 18, 2008, acknowledging Vail Resorts' obligations for employee housing pursuant to the Amendment to the Front Door Development Agreement (the "Agreement") and seeking clarification as to whether the Town would prefer that the required nine beds be added to the employee housing currently being planned for the North Day Lot. Upon consideration of your request, the Town prefers that Vail Resorts provides the nine (9) employee housing beds pursuant to the Agreement. According to the Agreement, Vail Resorts shall provide the nine beds by no later than June 13, 2008. Again, thank you for your letter and request for clarification from the Town regarding our preferences for the employee housing obligation at the Front Door. Should you have any questions, please do not hesitate to call. You can reach me most easily at (970) 376- 2675. Sincerely, George Ruther, AICP Director of Community Development Town of Vail cc: Stan Zemler, Town Manager Matt Mire, Town Attorney % 4% RECYCLED PAPER