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HomeMy WebLinkAboutDevelopment Agreement 071806The CUALETC at Vail llC .00 July 9, 2008 The Town of Vail 75 South Frontage Road Vail, Colorado 81657 Attention: Town Manager CpPY Re: g8, 2006 (the "Development Agreement"), between the own of Vail (the "Town") and The Vail Corporation, dba Vail Associates, Inc. ("Vail Associates") Ladies and Gentlemen: As the Town is aware, The Chalets at the Lodge at Vail, LLC ("CLV") is the successor in interest to the "Property" as defined in the Development Agreement. This correspondence is to address the status of paragraph 2(c) of the Development Agreement concerning the so-called "Wildflower Alley." That paragraph 2(c) deals with the possibility of employing the Wildflower Alley as commercial hand cart delivery access to Gore Creek Drive. Wildflower Alley is to be used for hand cart access if the parties mutually determine that such use is "feasible and advantageous." The following summarizes the determinations reached by CLV in considering hand cart use for Wildflower Alley: • As provided under the Development Agreement, Vail Associates did complete a topographic study to evaluate the potential for re-grading and re-constructing Wildflower Alley for hand cart access. Those studies were completed by professional civil engineers. The studies concluded that in connection with any such re-grading and re-construction, the Wildflower Alley access would lend itself at best to a grade of 8%-9%. A grade of this pitch would impose prohibitive safety concerns and for that reason by itself renders hand cart access unfeasible. • Aside from that specific safety concern, consideration must also be given to the heavy historical pedestrian use that is made of the Wildflower Alley. That pedestrian use, which should be preserved, would not mix well with commercial hand cart use and would further exacerbate the safety risk. Hand cart access would also entail the removal of existing steps within the Wildflower Alley access, thereby turning Wildflower Alley into an elongated ramp. Pedestrian users would find this sort of change objectionable. 137 BENCHMARK ROAD, POST OFFICE BOX 959, AVON, COLORADO 81620 (970) 845-2535 • FAX (970) 845-2792 • Hand cart access will further engender a significant noise factor that will disturb the ordinary occupancy and enjoyment of the adjacent Lodge Apartment Condominiums ("LAC") and their related amenities, including the LAC swimming pool and related deck and patio areas. These facilities lie in close proximity to Wildflower Alley (in fact, a portion of the Wildflower Alley runs through LAC property). There is a strong and legitimate concern that many LAC owners and guests would view hand cart use as essentially a nuisance, which would create a significant public relations problem for the Town. • LAC has indicated that it will not accept the hand cart use, and will not give the requisite consent over its property for hand cart use. The foregoing factors should satisfy the parties that Wildflower Alley hand cart access would be neither feasible nor advantageous, and accordingly CLV believes that the parties should not give further consideration to the hand cart use. CLV also believes that LAC will support CLV in this outcome. If the Town has any concerns in this regard, please advise. Very truly yours, THE CHALETS AT THE LODGE AT VAIL, LLC By: Vail Resorts Development Com any, its Managing Member By: Name: Keith Fernandez Title: President & COO - VRDC cc: George Ruther, Director of Community Development S. Jarvie Worcester Natalie Mosesso, Esq. 2