The URL can be used to link to this page

Home My WebLink AboutDRB0600360 0 i TOWNOFYAQ New Construction Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring design review must receive approval prior to submitting a building permit applicati~an. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review 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 C,~mmission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request: NFGJ rar.~~T<< ~~ `-`' ~~^-- F~~ MUi-T1 r.~U~1_ l./l~lt~ c>t/ ~/ (J~ M (~/~ Ur. S w t-i1i V N (7EYl_ C,~(L~,Un~'.> PAZ-. K ~ N Cr . TEEM o (. f'R J.,~ o ~3 ~ 2 S'1~Q~ woo ~,.~ S~v~co TS~~~~..c~NGS. Location of the Proposal: Lot: ~ Block: ~ Subdivision: Gt~N~o Q~OL-v P~R-/~ t~l?'2=~ URt~ PhysicalAddress• ~ZZ 5• ~-c~ti.T~G"~ (ll~, !~/, (/{~tL ~/L~~ ~- 1_ Parcel No.: 2-Ot au2 ~/ (~ h ~ -~ (Contact Eagle Co. Assessor at 970-328-8/64,0 for parcel no.) Zoning: ~_ `~ - ~~ r , - <, ~~ ,~ _~~ ~ i~-r-,~~ ~~~--» L ~ t ' 1 Name(s) of Owner(s): ~-~ N ~Y ~ N ~g~ Mailing Address: _~' ~ Owner(s) Signature(s): Name of Applicant: ~ ^~ T '~~ NL-~ Mailing Address: 2~S ~?~'~L~ ATV V~<<-- Cam, ~,IGS ~' Phone: GI ~J .. y ~ ~ . / 5 v ~. E-mail Address: -~ Fax: ~ }~ - `/ ~" ~ ~ 6 ~ ~ ~- Type of Review and Fee: ^ Signs $50 P~ $1.00 per square foot of total sign area. ~+ Conceptual Review No Fee ~L...Aktip~~onstruction $650 For construction of a new building or demo/rebuild. ^ Addition $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior corn~ersions). ^ Minor Alteration $250 For minor changes to buildings and site improvements, such as, (multi-family/commercial) re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. ^ Minor Alteration $20 For minor changes to buildings and site improvements, such as, (single-family/duplex) re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. ^ Changes to Approved Plans $20 For revisions to plans already approved by Planning Sraff or the Design Review Board. ^ Separation Request No Fee For Office Use Only: i ~ Fee Paid: ~~ Check No.:~~ By: [,~ Meeting Date: ~ '• ~ ~ ~"~ DRB No.: V ~~ Planner: l~ ~ Project No.: 11-~~~ L.11 • ~i 1 ~i 0 0 p~, ,3 3~ / ;: r .~:: '~~ ~. ~~ - .> -,:., ~~y... 0 0 +~y~p~7 n~+ fi~,y 17- i ! V 1111' UI ~`Cltli ~ ]DINT PROPERTY OWNER WRITTEN APPROVAL LETTER I, (print name) , a joint owner of property located at (address/legal description) provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: I further understand that minor modifications may be made to the plans over the course of the review applicable codes and regulations. ~ / ~ c~ ~ (Date) F:\cdev\FORMS\Permits\Planning\DRB\drb_new_construction_11-23-2005.doc Page 2 of 14 11/23/20115 0 0 PROPOSED MATERIALS Building Materials Tvpe of Material Colour Roof C.~ N cry' T' [ ~ S 5~ Gvc~ ~2 ~~~-(~l'~ Siding _ 5 ~ Other Wall Materials ~j~ / / , /n~9s ~ ~JG1~ S / r/ ~ Fascia 57~~ ! r.J~= i~ W o o ~ ~ , Soffits r i'1 F Mc r' In/Ol1Q ~ Windows Window Trim i~ Doors (^/ y v o ~ Cry S S~ ~"ti~t-c- Door Trim W v ~ ~M E'P4~c, ~ '~ Hand or Deck Rails Flues Flashing ~ ~~ ~: ~- ~h S/~~r- , Chimneys TJf~IL-~/NESS T~~ , Trash Enclosures f ,i Greenhouses Retaining Walls ~- . . Exterior Lighting Other , Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. F:\cdev\FORMS\Permitr\Planning\DRB\drb_new_construction_11-23-Z005.doc Page 7 of 14 11/23/20(15 ~~ UTILITY APPROVAL & VERIFICATION TC)WNOFYA[I.`. This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the fcllowing utilities for approval and verification. Authorized Signature Comments Date QWEST 970.513.7189 (tel) 970.384.0257(fax) 970.687.0722 (cell) Contacts: Steve Waters swaters@awest.com EXCEL HIGH PRESSURE GAS 970.262.4076 (tel) 970.468.1401 (fax) Contact: Rich Sisneros HOLY CROSS ELECTRIC 970.947.5425 (tel) 970.945.4081 (fax) Contact: Jeff Vroom wroa m @ ho Ivcross. co m __._ _. L ENERGY 970.262.4038 (fax) Contacts: Kit Bogart 970.262.4024 Katherine Bogert EAGLE RIVER WATER & SANITATION DISTRICT 970.476.7480 (tel) 970.476.4089 (fax) Contact: Fred Haslee fhaslee@erwsd.org COMCAST CABLE 970.468.2669 ext. 1100 (tel) 970.468.2672 (fax) Contact: Brad Dorcas bradely dorcas@cable.comcast com NOTES: 1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made directly on the form, the Town will presume that there are no problems and the development can proceed. 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve identified problems. 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public Works at the Town of Vail. Utili locations must be obtained before digginq in any public right-of-way or easement within the Town of Vail. A building uermit is not a Public Wav permit and muc+ hp nhtainarl ~p~araroi.. The Developer' uir and a to submit any revised drawings to the utilities for re-approval & re-verification if the submitted ns are erect ' way after the authorized signature date (unless otherwise specifically noted within the comment area o is for /-S e~ ~ ~i veloper's Sign Date F:\cdev\FO MS\Permits\ an ' g\DRB\drb_new_construction_11-23-2005.doc Page 9 of 14 11/23/2005 CD O N N N A O N N v W N A O N V/ Q) W O fJ~ W N O O b ';~ S+ ~ D ~ Z ~m N A O N W O Ul O to ~;N G1 W ~ M`' ~ >y. ~ Vl .Q A O CJ1 c0 ~'G d `: O.~ ~ C1 tD ~ N N W CJl 0 YI y/ J ~ ~ ,~ T ~ ~• pl.~:r~ Ly ~`:Z . , ~~. 41 41 ~ `'~t~ tll ~' fD ~ R ~ ~ ~ 1 ~ . a. ~ . ~ ~ ;; ~ ,rt -.... O " Vii: '3 ' W W ~# W ~ ~ ~ ~ N ., ~ ~ ~ , ~ ~ ~ ~ . ~k ~ ~ ~ ~l ~l ~ O Ut N ~ O CJl N N ~ `" ` O W N A -~ ~ c' c` ~C o ~ ~~C ~- N :~ ~ W' ON ~ O V ~.: ~ N N s O v o ~ ~ s N -, A O a *~ ~ ~ ' 00 ~ N CD W N W N ' N O CO ~? . , C ~ C ~- ri` C D '~ ,1 C ": + ~ .+ .:' C i . rt N N (O CO ~ W O W ~ ~ O O ~ v N G, W ~ ~ QO 00 O a"' N'a0 a- W ~ ~ W W -~ , *; ~ 0 W N ( D C O V ~ ~ C C :TIC '11 "C ~ CVJ7 O ~' W O O. A ~ W O ~ ;'O x~i~ ~ ~ O , -. ~ ~.• _ _--,' .a: TIC ~I:-C ~ ~ O~, ~ O ...~-- N N ~ OVO ~ ~ ~ ~ W O O ~ ~ s W O ~'; ~ N::Vt ~ ~ ~ N ~~ ,0. - :Cn :O W OD ~I 00 V `: 0 O O 7 ~ ~° j ~I ~ . *k ~k ~ .,~ ~ ~ x ~ V N V V ~ .~ ~ V ON, ~ ~ j ~ . ~ ~ N ~ ~,;~ ~ ; O O P W O W C Jt OD O O W CT OD O O V ( O ~ ~ C) : ' o a ',o 0 n o p N m ~ '- ~ ~ W ~ ~ v i- ` ~ J (D ~ O N ~ O N ~ N 00 O i . 0 V,1 ~ o ~ +f7 "'~ N N. y ~~~ O~ ~ r ~ N ~ {'' O N A ~ S ' ~ N ~ ~ ~ ?~ CT N~"fC~ ~ I~ ~ ~~ 0 ~ N ~~ d °rA r ~ ~ f :~ ~~ ~ .NR ;. ~ .n b tl C ~ ~ ~ ~~ ~.: .r N y~ pi '.~ y ~j; ~Q f _- ^ ~~iN ' ~ . 41 lCJ V:,~ :gyp N 61 ::_~.?; .';y II ~ O O Z D /Z m m° m r O Z "'~ 0 0 Land Title Guarantee Company CUSTOMER DISTRIBUTION land Title GUARANTEE COMPANY Date: 02-17-2006 Our Order Number: VC50009134-5 Property Address: TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 If you have any Inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: Karen Biggs 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Phone: 970-477-4510 Fax: 970-476-4732 Entail: kbiggs@ltgc.com For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 T. CHARLES OGILBY 12853 HIGHWAY 133 Copies: 1 Sent Via US Postal Service LAND TITLE GUARANTEE COMPANY 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Attn: Karen Biggs Phone: 970-476-2251 Fax: 970-476-4534 EMaII: kbiggs@ltgc.com BALLARD SPAHR ANDREWS & INGERSOLL 1225 17TH ST STE 2300 DENVER, CO 80202 Attn: CHRIS PAYNE Phone: 303-292-2400 Fax: 303-296-3956 Sent Via Fax LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMP 285 BRIDGE STREET VAIL, CO 81657 Attn: RON BYRNE/TERESA THOMAS Phone: 970-476-1987 Entail: tthomasCaronbyrne.com Linked Commitment Delivery BAILEY AND PETERSON *TMX* 1660 LINCOLN ST #3175 DENVER, CO 80264 Attn: JAMES BAILEY (SELLER'S ATTORNEY) Phone: 303-837-1660 Fax: 303-837-0097 Entail: bailey@b-p-law.com Sent Via Entail BALLARD SPAHR ANDREWS & INGERSOLL 1225 17TH ST STE 2300 DENVER, CO 80202 Attn: GWEN ALLEN Phone: 303-292-2400 Fax: 303-296-3956 Sent Via Fax 06.15.06 0 0 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Tide GOARANTEC COMPANY Date: 02-17-2006 Our Order Number: VC50009134-5 Property Address: TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 KARLHEINZ FINZEL 20 BROADMOOR AVENUE COLORADO SPRINGS, CO 80906 Sent Via US Postal Service JACK A. HOLST 830 N. TFJON STREET, STE 408 COLORADO SPRINGS, CO 80903 Phone: 719-471-9535 Sent Via US Postal Service MERRILL NEWTON P.O. BOX 15635 805 S. CIRCLE DRIVE, 2B(UPS DEL) COLORADO SPRINGS, CO 80910 Sent Via US Postal Service STAN HOGFELDT, P.L.S. EAGLE VALLEY SURVEYING, INC.. 41199HWY6&24 EAGLE-VAIL, CO 81620 Phone: 970-949-1406 Fax: 970-845-9504 Sent Via Fax DLLIVLRY.O (8/2003) 0 0 Land Title Guarantee Company Date: 02-17-2006 Land Title Our Order Number: VC50009134-5 GCIARANTEC (AMNANY Property Address: TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 BuyerBorrower: LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller/Owner: KARL FINZEL, AS TO 1/6, HELMA H. NEWTON, 1/6, T. CHARLES OGILBY, 1/3, MERRILL R. NEWTON, 1/6 AND PETER M. NEWTON, MARTIN J. NEWTON, DINAH NEWTON AND ULRIKE NEWTON MOORE, 1/6 Wire Information: Bank: FIRSTBANX OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Karen Biggs Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. ****************************************************************** Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com aua uuca.uuua au mar ua vua ~: uaaaa.c aua.auuua. ESTIMATE OF TITLE FEES ALTA Owners Policy 10-17-92 Deletion of Exceptions 1-3 (Owner) Deletion of General Exception 4 (Owner) If Land Title Guarantee Company mill be closing this transaction, above fees frill be collected at that time. TOTAL ~~ I ~oxs CONTACT 06/0 THANK YOU FOR YOUR ORDER! 0 0 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC50009134-5 Schedule A Cust. Ref.: Property Address: TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 1. Effective Date: February O1. 2006 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 ~_ Proposed Insured: LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: KARL FINZEL, AS TO 1/6, HELMA H. NEWTON, 1/6, T. CHARLES OGILBY, 1/3, MERRILL R. NEWTON, 1/6 AND PETER M. NEWTON, MARTIN J. NEWTON, DINAH NEWTON AND ULRIKE NEWTON MOORE, 1/6 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 0 0 Our Order No: VC50009134-5 LEGAL DESCRIPTION TRACT D, VAIL VILLAGE FIFTH FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO; EXCEPTING THERFROM THAT PORTION AS CONVEYED TO THE COLORADO DEPARTMENT OF HIGHWAYS PURSUANT TO RULE AND ORDER RECORDED JANUARY 5, 1971 IN BOOK 219 AT PAGE 441 ALSO EXCEPTING THEREFROM THAT PORTION OF TRACT D DESCRIBED HEREIN. A PORTION OF TRACT D, VAIL VILLAGE FIFTH FILING, DESCRIBED AS FOLLOWS: ..~ *` BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT D; THENCE NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST 325.19 FEET ALONG THE EASTERLY LINE OF SAID TRACT D TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY N0. 70; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 71 DEGREES 43 MINUTES 53 SECONDS WEST 125.32 FEET; THENCE SOUTH O1 DEGREES 28 MINUTES 07 SECONDS WEST 110.45 FEET; THENCE SOUTH 87 DEGREES 04 MINUTES 53 SECONDS WEST 35.53 FEET; THENCE SOUTH 02 DEGREES 55 MINUTES 07 SECONDS EAST 35.53 FEET; THENCE SOUTH 42 DEGREES 04 MINUTES 53 SECONDS WEST 133.46 FEET TO A POINT ON THE SOUTHWEST LINE OF TRACT D; THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID TRACT D, SOUTH 47 DEGREES 55 MINUTES 07 SECONDS EAST 137.0 FEET; THENCE ALONG THE BOUNDARY LINE OF SAID TRACT D, SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 145.78 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ALL CONDOMINIUM UNITS IN BUILDINGS A AND B, APOLLO PARK AT VAIL ACCORDING TO THE MAP THEREOF FILED FOR RECORD AND CONDOMINIUM DECLARATIONS FOR APOLLO PARK AT VAIL. ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. VC50009134-5 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT SURVEY OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE GENERAL EXCEPTIONS 1-3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID SURVEY WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID SURVEY. 2. A FULL COPY OF THE OPERATING AGREEMENT AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. SPECIAL WARRANTY DEED FROM THOSE PARTIES SHOWN IN ITEM 4 OF SCHEDULE A TO LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF O 0 ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. VC50009134-5 Continued: AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM N0. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF KARL FINZEL, HELMA H. NEWTON, T. CHARLES OGILBY, MERRILL R. NEWTON, PETER M. NEWTON, MARTIN J. NEWTON, DINAR NEWTON, AND ULRIKE NEWTON MOORE. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. ********** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 ********** Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." 0 0 ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. VC50009134-5 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIFTH FILING RECORDED 11 12, 1966 AT RECEPTION N0. 102538. 12. (ITEM INTENTIONALLY DELETED) 13. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED SEPTEMBER 20, 1978 IN BOOK 275 AT PAGE 599. 14. (ITEM INTENTIONALLY DELETED) ~ 0 ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. VC50009134-5 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 15. RESTRICTNE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 15, 1965, IN BOOK 187 AT PAGE 353, AMENDMENT RECORDED AUGUST 27, 1984 IN BOOK 393 AT PAGE 492, AMENDMENT RECORDED JANUARY 15, 1987 IN BOOK 455 AT PAGE 933, AND AMENDMENT RECORDED AUGUST 2, 1989 IN BOOK 488 AT PAGE 378. 16. (ITEM INTENTIONALLY DELETED) 17. TERMS, CONDITIONS AND PROVISIONS OF CABLE TELEVISION EASEMENT RECORDED JANUARY 08, 1997 AT RECEPTION N0. 611627. o v LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCIASURE 09/01/02 O JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We recognize and res ect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to ird-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or d~ive us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We arso may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CHI 0 0 Land Title Guarantee Company CUSTOMER DISTRIBUTION land Tide GUARANTEE COMPANY Date: 02-17-2006 Our Order Number: V50009134.1-2 Property Address: TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Karen Biggs Vail Title Dept. 108 S FRONTAGE RD W #203 Roger Avila PO BOX 357 108 S FRONTAGE RD W #203 VAIL, CO 81657 PO BOX 357 Phone: 970-477-4510 VAIL, CO 81657 Fax:877-268-5044 Phone:970-476-2251 Entail: kbiggs@ltgc.com Fax: 970-476-4732 Entail: ravila@ltgc.com RON BYRNE & ASSOCIATES 285 BRIDGE STREET PERSONAL AND CONFIDENTIAL VAIL, CO 81657 Attn: RONALD BYRNE Phone: 970-476-1987 Fax: 970-476-6747 Entail: tthomas@ronbyrne.com Sent Via Entail BAILEY AND PETERSON *TMX* 1660 LINCOLN ST #3175 DENVER, CO 80264 Attn: JAMES BAILEY Phone: 303-837-1660 Fax: 303-837-0097 Entail: bailey@b-p-law.com Linked Commitment Delivery 0 0 Land Title Guarantee Company t.and Title Date: 02-17-2006 (iUAftANTEE COMMANY Our Order Number: V50009134.1-2 Property Address: TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 BuyerBorrower: LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller/Owner: KARL FINZEL, 1/6, T. CHARLES OGILBY, 1/3, PETER M. NEWTON, MARTIN J. NEWTON, DINAR NEWTON AND ULRIKE NEWTON MOORE (WHO ALSO TOOK TITLE AS ULRIKE MOORE NEWTON), 1/2 Wire Information: Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Karen Biggs ****************************************************************** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. Need a map or directions for~our upcoming closing? Check out Land Title's web site at www.ltgc.com ror oirecuons to anv or our 54 ornce iocauons. ESTIMATE OF TITLE FEES ALTA Owners Policy 10-17-92 TBD If Land Title Guarantee Coagany will be closing this transaction, above fees will be collected at that time. TOTAL $0.00 row caNxux os~o~ THANK YOU FOR YOUR ORDER! 0 0 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50009134.1-2 Schedule A Cust. Ref.: Property Address: TRACT D, VAIL VILLAGE FIFTH FILING VAIL, CO 81657 1. Effective Date: February O1. 2006 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 Proposed Insured: LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: KARL FINZEL, 1/6, T. CHARLES OGILBY, 1/3, PETER M. NEWTON, MARTIN J. NEWTON, DINAH NEWTON AND ULRIKE NEWTON MOORE (WHO ALSO TOOK TITLE AS ULRIKE MOORE NEWTON), 1/2 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 0 0 Our Order No: V50009134.1-2 LEGAL DESCRIPTION A PORTION OF TRACT D, VAIL VILLAGE FIFTH FILING, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT D; THENCE NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST 325.19 FEET ALONG THE EASTERLY LINE OF SAID TRACT D TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY N0. 70; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 71 DEGREES 43 MINUTES 53 SECONDS WEST 125.32 FEET; THENCE SOUTH O1 DEGREES 28 MINUTES 07 SECONDS WEST 110.45 FEET; THENCE SOUTH 87 DEGREES 04 MINUTES 53 SECONDS WEST 35.53 FEET; THENCE SOUTH 02 DEGREES 55 MINUTES 07 SECONDS EAST 35.53 FEET; THENCE SOUTH 42 DEGREES 04 MINUTES 53 SECONDS WEST 133.46 FEET TO A POINT ON THE SOUTHWEST LINE OF TRACT D; THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID TRACT D, SOUTH 47 DEGREES 55 MINUTES 07 SECONDS EAST 137.0 FEET; THENCE ALONG THE BOUNDARY LINE OF SAID TRACT D, SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 145.78 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ALL CONDOMINIUM UNITS IN BUILDINGS A AND B, APOLLO PARK AT VAIL ACCORDING TO THE MAP THEREOF FILED FOR RECORD AND CONDOMINIUM DECLARATIONS FOR APOLLO PARK AT VAIL. 0 0 ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. V50009134.1-2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT SURVEY OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE GENERAL EXCEPTIONS 1-3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID SURVEY WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID SURVEY. 2. A FULL COPY OF THE OPERATING AGREEMENT AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 4. SPECIAL WARRANTY DEED FROM THOSE PARTIES SHOWN IN ITEM 4 OF SCHEDULE A TO LUNAR VAIL, LLC> A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF C lJ ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. V50009134.1-Z Continued: AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM N0. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM N0. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF KARL FINZEL, HELMA H. NEWTON, T. CHARLES OGILBY, MERRILL R. NEWTON, PETER M. NEWTON, MARTIN J. NEWTON, DINAR NEWTON, AND ULRIKE NEWTON MOORE. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. ********** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 ********** Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." G Q ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50009134.1-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIFTH FILING RECORDED 11 12, 1966 AT RECEPTION N0. 102538. 12. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED SEPTEMBER 20, 1978 IN BOOK 275 AT PAGE 599. 13. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 15, 1965, IN BOOK 187 AT PAGE 353, AMENDMENT RECORDED AUGUST 27, 1984 IN BOOK 393 AT D ~ O 0 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCIASURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. a believe that making you aware of how we use your non-public personal information ("Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to rd-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We a so may disclose your Personal Information when otherwise permuted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Foxm PRIV.POL.CHI e~(/~} IRS DEPARTMENT OF THE TREASURY ®~~~ INTERNAL REVENUE SERVICE P.O. BOX 90D3 HOLTSVILLE NY 11742-9003 001256.184466.0008.001 1 AB 0.301 702 ~~u~nn~~r~~ui~r~~~ur~r~u~r~i~r~r~u~~ni~r~u~r~u~nr~~ LUNAR VAIL LLC BYRNE RONALD J MBR 285 BRIDGE ST VAIL CO 81657 01256 Date of this notice: 06-21-2005 Employer Identification Number: 56-2518192 Form: SS-4 Number of this notice: CP 575 B For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an EIN. We assigned you EIN 56-2518192. This EIN will identify your business account, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, please use the label IRS provided. If that isn't possible you should use your EIN and complete name and address shown above on all federal tax forms, payments and related correspondence. If this information isn't correct, please correct it using the tear off stub from this notice. Return it to us so we can correct your account. If you use any variation of your name or EIN, doing so could cause a delay in processing and may result in incorrect information in your account. Doing so could result in our assigning you more than one EIN. Based on the information from you or your representative, you must file the following form(s) by the date shown next to it. Form 1065 04/15/2006 If you have questions about the form(s) or the due date(s) shown, you can call us at 1-SOD-829-4933 or write to us at the address at the top of the first page of this letter. If you need help in determining what your tax year is, you can get Publication 538, Accounting Periods and Methods, at your local IRS office or from our web site at www.irs.gov. We assigned you a tax classification (S-Corporation, Partnership, etc.) based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a determination of your tax classification, you may seek a private letter ruling from the IRS under tl~p procedures set forth in Revenue Procedure 98-01, 1998-1 I.R.B.7 <or superceding revenue procedure for the year at issue.) (IRS USE ONLY) 5758 06-21-2005 LUNA 134645166 SS-4 ;_:•.r ;:..c`, 01256 Keep this part for your records. CP 575 B (Rev. 1-2005) Return this part with any correspondence so we may identify your account. Please correct any errors in your name or address. CP 575 B 0134645166 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 06-21-2005 ( ) - EMPLOYER IDENTIFICATION NUMBER: 56-2518192 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE P.O. BOX 9003 HOLTSVILLE NY 11742-9003 ~u~~~~u~~~n~~~~u~n~~~~~~u~~u~~~nni~~~~~~u~ LUNAR VAIL LLC BYRNE RDNALD J MBR 2$5 BRIDGE ST VAIL CO 81657 r~ Form $$-4 ~ Application for Employer Identification Number I-=-. (Rev. December 2001) (For use by employers, corporations, partnerships, trusts, estates EIN Churches o Department or [hc Treasury , , g vernment agencies, Indian tribal entitias. enrra;„ ;.,,~;,,;a,,,,tq_ r„., ,,,,~_.._, Internal Revenue Service - See separate instructions for each line. - Keep a copy for your records. oMe N°. 1 Legal name of entity (or individual) for whom the EIN is bein re uest d g q e L ~ ;~ ` 2 Trade name of business (if different from name on line 1) 3 Executor, trustee, "car of" ame c o V 4a Mailing address (room, a t., suite no. and street, or P.O. box) Sa Street address (if different) (Do note r a P.O. box.) ~ .~ a a 4b City, state, and ZIP ~ ~ ~ 5b City, state, and ZIP code O D. 6 County and state wher rincipal business is to ated H 7a Name o rinci al officer, general partner, grantor, owner, or trustor 7b SSN, ITIN, or EIN _. - -_ ~~ 8a Type of entity (check only one box) ^ Estate (SSN of decedent) ^ Sole proprietor (SSN) ^ Plan administrator (SSN) ^ Partnership ^ Trust (SSN of grantor) ^ Corporation (enter form number to be filed) - ^ National Guard ^ State/local government ^ Personal service corp. ^ Farmers' cooperative ^ Federal government/military ^ Church or church-controlled organization ^ REMIC ^ Indian tribal governments/enterprises ^ Other nonprofit organization (s ecify - Group Exemption Number (GEN) - 8b If a corporation, name the state or foreign country State Foreign country (if applicable) where incorporated 9 Reason for applying (check only one box) ~ Banking purpose (specify purpose) - ^ Started new business (specify type) - ^ Changed type of organization (specify new type) - ^ Purchased going business ^ Hired employees (Check the box and see line 12.) ^ Created a trust (specify type) - ^ Compliance with IRS withholding regulations ^ Created a pension plan (specify type) - ^ Other (specify) - 10 Date business started or acquired (month, day, year) 11 Closing month of accounting year o3-~g-~o©~~ 12 First date wages or annuities were paid or will be paid (month, day, year). Note: If applicant is a withholding agent, enter date income will first be paid to nonresident alien. (month, day, year) . . - 13 Highest number of employees expected in the next 12 months. Note: If the applicant does not Agricultural Household Other expect to have any employees during the period, enter "-0-. " - ~ Q 14 Check one box that best describes [he principal activity of your business. ^ Health care & social assistance ^ Wholesale-agent/broker ^ Construction ^ Rental & leasing ^ Transportation & warehousing ^ Accommodation & food service ^ Wholesale-ocher ^ Retail Real estate ^ Manufacturing ^ Finance & insurance ^ Other (specify) 15 Indicate principal line of merchandise sold; specific construction work done; products produced; or services provided. 16a Has the applicant ever applied for an employer identification number for this or any other business? Yes ^ No Note: If "Ves, "please complete lines 16b and 76c. - 16b If you checked "Y s" on line 1 a, ive ap lican['s legal name and trade name shown on prior application if different fr /m//line 1 or 2 above Legal name - ~~ 0.~~ ~~~~ r~.-~~ Trade name - i2~j n ~y ~'n ~ ~/T3cf~~~la 16c Approximate date when, and city and scat where, the application was filed. Enter previous emplo r identification number if known. Approximate date when filed (mo., day, year) City and state where filed Previous EIN O ~J Complete this section only if you want to authorize the n med individual to receive the entity's EIN and answer questions about the completion of this form. Third De ~ignee's name Designee's telephone number (include ar ea code) Party g ( / ) !' ~ ~ Designee Address and IP code ~ Designee's fax number (include area code) Under penalties of perjury, I declare That I have ex ned this applic ion, and to the best of my knowledge and belief, it is true, correct, and complete. ~ Applicant's telephone number (include area code) Name and title (type or print clearly) - ~ ^~/YlG(ij/) (~ ) Applicant's fax number (include area code) Si nature - Date - (~ ~ G C.Cl7~ 1 ~~ z For Privacy Act and Paperwork Reduction Ac[ Notice, see separate instructions. Cat. No. 16o55N Form $$-4 (Rev. 12-2001) u t~At~bS~t1 t:Ill+it~SG~P-tAl6 PRUPaSED TREta See Attached Plan Aldt} 'S}iRl~5 . t=~ST"tNGTRtrE5 See plan as nrt~ted TO ~ REMCWEL MEn-mum Requtrertts ftx lanefs~caping~ tiuAUS Trees _ ,2" G`~tiper Ccxsf~eraus Trees - 6"Nt height Shrugs -- 5 Gat.. q 9au~,e Eoo~~+csa Cr~2t~tlhEa Ci7VER ~~ SEED Native se~cl mix 4"i~9 s.f. ItiRIt'xATIC3N auto [~riF} t~~ ER0.SIt?N ~t'+tTRt~t, i~$@ C~@x" f~!'4fi$C8~ f~a'ture5 ~4E. Cet:iflttlt~ V~IatiS, f~'f'!4'~'S, S~MI'11r11111g ~Qi$r ~.~ .~....~~ F:~adevtt'C~k-~s Aermks'lP~nt~rcJ1UR9~tlrrb new_csnsttuct~ort_„11..23-Z~OS.t:Ia Page 8 of 14 ii~x~rza}s tr LE~ENL~ O O iV~3T Ft:7R CC71~iSTRL1CT14N Proposed Aspen Proposed 5pru~e ASPEN 5CZ1tdG 2" cad b~ B Proposed Decidvcaus Tree 3" gal 8d B SE Proposed 5lvubs 5teei Edging Existing Evergreen Trees ~; Existing Evergreen Trees To Remain To Be t~emoved Existing 1?e~idvau5 Trees f=xisking Deciduc~trs Trees To f~emain To Be Removed ~~~ ~ ~~ QTY. KEY HT. BOTANICAL NAME COMMON NAME. 51ZE UNIT N4TE5 TREES 04 ar' Colorado ~ nt Br e 44 PA PopuNn x acumtr~a Gattr~rs~c>a~Lc+nc~+le,~ ?5' cd B~tB 04 P1' Fopvtus tran~uiGidas n 2" cal Bib 3S" cdd B~F~ I 3' cal B/ B sHR~.18y GA ~-3` C,oEonaastar harizar~lls C.otnrsed~R~, Rack 5 grit 4' as 56 L5 6-8' Crxnfrs 6esriusa 'C,cloradansrs' R,~dG.ig pO9w0'Qd 5 gad 4' o~c ~t .tA 3.6' ,k+rnasto rxnaricano MI~cllowor 5 gad 4' ac 63 LI ~J-6' LCnrcard ~nra~+urdta Fbnat~Waklp, TKMibarry 5 gal 4' oc !9 PF 2-9` Wotantlibp '.kackrr~anrri` Joekenrn Patantllid 5 gal 3' oc RNf 4-6' IRlaes au-aorn YcPla~v Flow~k+g Gurrart 5 tjal 4' ac. 23 RYt P1-b' Rosa woods lJOtiwa Prtk Rosa 5 gal #' 10 M5 9-4' Sy'~ wry 5 gaf 4' t?G PERENNIALS 20 I~GS 24-30` Aqu€le~id Crimson 5kd"' i2,yd rrarwntslr~e I ~i 18' oc E2 Mi IEF-24' AyFi,illad t. T~foonetdne' Fbs Yarrow r trod 15` oc 44 GT 6-r2" ` G~rdsti~m totnenkasurtt snRw-in-~5u~sr~ar I ~p1 IP!" t3~G: t3 6g 12-IE+ " 6aE71grdid xqtandEbra dwarf pwdrt Blanket Fk~war 4 pot 12' oc 33 LM 12-t5 ` Levcpnthee x~~p Uttla Muss MiuFFsE' pdisay pwarf 5ltasta E god 2' oc. Il L9 18-24 ~"-3' LlatrEs epwota kx~ r ` '" Kak~a#d 6r,~a~FsdG,ar I~ ix" oc ' 05 LU 2'-3' Lup r,us p. 6ovlSrnaY ' BiuG Lvpina ' oc I ~" IS " !0 Mt 1 4` MlpnOrdp 1~rsYxotrZ pal R~ E l ki ' ~' ~ Balm, MkrsfiaEl s Bl I ~p1 16 o~ ' 15 RF 8-2 o v iac gldd 60 ock-Egad 5trson I t~}pl 2 oc 10 55 18-24' Sc~ivla surparbar Blue 5~olvla i `~°i 0 a t ` I god 18' ac I tpl t8' oc ~. a p c JOHN C. ZAHNER Chemical Engineer 442 S. Frontage Road E. Suite 8203 970-476-4974 Vail, Colorado 81657 c c ~ 0 0 ~~ 1A`~OC.L~ ~~r4~K ~4? V~-l L ~~~ ~.~~~ ~~~sa,v S i ~2~~i~cuoa~ U~ll~~ eo ~rizl~f3~ ~!~ a.~~ ~ 3 0~3 ~9~ ~ o,~ RESORT DESIGN ASSOCIATES C~ 23263.00 Mountain View Project Manual VAIL, COLORADO c Colorado Code Consulting, LLC X610 S Ulster, Suite 150 Denver, CO 80237 Ph: 303-400-6564 Fax:303-693-0630 BUtLDtNG CODE DATA Project: Mountain View Ciient: Resorts Design Associates International Date: 6t30/2006 Aaoficabie Cades Edition Code Buiidin 1 BC 2003 Mechanical IMC 2003 Plumbin I PC 2003 Electrical NEC 2005 Fire IFC 2003 Ene Accessibilit ANSI 1998 State Amendments Local Amendments? Project information L~ Buildina Classification T e of Construction IB Occu anc Classification R-2/S-2 Automatic Fire S rinklers? Yes Mixed Occu anc ? Yes Seismic Desi n Cat o B Corn an Name Contact Phone # Architect Resort Desi n Eric 303.449.4433 tructural En ineer Monroe ~ Newell Hannes S aeh 970.949.7768 Mechanical En ineer Electrical En ineer Contractor W.E. O'Neil Const. Clark Bendewr 303.238.7900 1. BUILDING DESCRIPTIQN 1.1 Actuai Buildina Area Descri tion Occu an Floor Area Basement Gara a S-2 27,978 Basement Dwellin Units R-1 8,703 1st Sto Gars e S 2 8,828 1st Sto Dwellin Units R-1 10,821 2nd Sto Dwellin Units R-1 12,413 2nd Sto Gara a S-2 281 3rd Sto Dwellin Units R-1 12,704 4th St Dwellin Units R-1 6,350 Total Buildi Area 88,078 1.2 Buildina Height Maximum Allowed Actual Stories: 11 4 Hei ht: 160 40.5 Page 1 of 6 Mountain View 2. BUILDING REVIEW 2.1 Allowable Floor Area Calculations Occu an Grou S-2 Grou R-1 Tabular Area Table 503 79,000 100,000 Frontage 506.2) F P W/30 294 740 1.00 15 15 15 S rinklers 506.3 200 200 Area Per Floor 248,636 314,730 - Stories 506.4 Max.3 3 3 Maximum Buildin Area 745,909 944,189 - 2.1 Exterior Wall Protection and Oneninas Wall Location Distance to Property Line Exterior Bearing Wall Table 602 Exterior Non-Bearing Wall -Table 602 Opening Protection Table 704.8 North 20 2 1 > 25% East 20 2 1 > 25% South 20 2 1 > 25% West 20 2 1 > 25% 2.2 Building Fire-Resistance Type of Construction: IB C Buildin Element Fire-Resistive Ratin Exterior Bearin Wall 2 Interior Bearin Wall 2 Exterior Non-Bearin Wall 1 Structural Frame 2 Permanent Partitions 0 Shaft Enclosures 2 Floors 8 Floor/Ceilin s 2 Roofs 8~ Roof/Ceilin s 1 3. MEANS OF EGRESS 3.1 OCCUDant Load/Exit Width ner Floer /Ta61es 100d_1.2 R 1nA5 11 Location Use Floor Area OL Factor Occupant Load Exits Reqd. Basement Residential 8703 200 44 2 Basement Gara a 27978 200 140 2 1st Floor Residential 10821 200 54 2 1st Floor Gara a 8828 200 44 1 2nd Floor Residential 12413 200 62 2 2nd Floor Gara a 281 200 1 1 3rd Floor Residential 12704 200 64 2 4th Floor Residential 6350 200 32 2 Total Occu ant Load 397 3.2 Number of Exits per Floor Page 2 of 6 n n Occupant Exits Exits Min. Door Width inches Min. Stair Width inches Floor Load Re uired Provided Re d. Prov. Re d. Prov. ourth 32 2 2 4.7625 64+ 6.35 36 Third 64 2 2 9.528 64+ 12.704 82 Second 63 2 2 9.5205 64+ 12.694 82 First 98 2 2 14.73675 64+ 19.649 82 Basement 183 2 2 27.51075 64+ 36.681 92 3.3 Corridor Requirements Floor Re uired Width Width Provided Fire Resistive Rating O enin Protection First Second Third Fourth Fifth 3.4 Miscellaneous Requirements Exit Enclosure Rating: Maximum Travel Distance: Maximum Dead End: Door Swing Direction: Exit Illumination: Illumination Emergency Power: Exit Sign Requirements: Fire Alarm System Requirements: 4. PLUMBING REQUIREMENTS Agalicable Code: IBC Table 2902.1 2-hours for 4 stories/1-hour at others 250' R/400'(S-2) 20' .Outward Yes Yes Ea. level in enclosure/200' in garage Manual altm system & smoke alarms in dwelling units Floor Level First Second Third Fourth Fifth Floor Area 27978 8703 8828 10821 #REF! Total Occu ant Load #REF! #REF! #REF! #REF! #REF! Women Occu ant Load #REF! #REF! #REF! #REF! #REF! Women Water Closets Women Lavatories Men Occu ant Load #REF! #REF! #REF! #REF! #REF! Men Water Closets Men Lavatories Drinkin Fountains Accessible Fountains Unisex Toilet? Section 1109.2.1 Page 3 of 6 `L c HUGHES ASSOCIATES, INC. ~~ J 2 Garden Center, Suite 204, Broomfield, CO 80020 USA FIRE SCIENCE & ENGINEERING FIRE AND LIFE-SAFETY REPORT for MOUNTAIN VIEW VAIL, COLORADO Revision 1.0 Date: September 11, 2006 1.O INTRODUCTION Phone 303-439-0485 • FAX 303-439-7160 ~ www.haifire.com Hughes Associates, Inc. (HAI) has been retained as the Engineer of Record to design the fire suppression systems and fire alarm and detection systems for the Mountain View Project in Vail, Colorado. This design basis report is submitted to document the design concepts for the fire systems for review by the local Authorities Having Jurisdiction (AHJ). The AHJs for this project are City of Vail Building Deparhnent and the Vail Fire and Emergency Service department. The building is a five story structure with below grade levels limited to parking garages. The pazking gazage azea is offset from the residential units and includes three levels. The residential area is five levels of privately owned condominiums. Based on information from Architect, the construction type is I-B, from the IBC, and the fire sprinkler system is used to increase the allowable azea of the building. The new fire systems will provide a code compliant system for the building. Additionally, the systems will be designed to minimize maintenance issues for the building, address local requirements, and to facilitate emergency response for the building. 2.O APPLICABLE CODES The design of the fire systems shall be based on the 2003 edition of the International Building Code (IBC) and the 2003 edition of the International Fire Code (IFC) with Vail Amendments, The system installation and design will comply with the following National Fire Protection Association standazds: • 2002 edition of NFPA 72, National Fire Alarm Code® • 2002 edition of NFPA 70, National Electric Code • 2002 edition of NFPA 13, Installation of Sprinkler Systems • 2003 edition of NFPA 14, Installation of Standpipes and Hose Sstems 3.O DESIGN APPROACH 3.1 FIRE SUPPRESSION SYSTEM 3.1.1 Water Supply The water supply for the fire sprinkler system will be from the municipal supply. Anew minimum 6 inch service will be provided from the existing municipal supply. The supply enters the building at the northeast comer of the building into the main riser room on the First Level Basement of the parking gazage. The municipal supply is adequate for the sprinkler system but is not capable of supplying 100 psi at the highest standpipe outlet (see Section 3.2.1 below). HUGHES ASSOCIATES, INC. Mountain View Fire and Life-Safety Report September 11, 2006 page 2 of 4 3.1.2 System Design Based on the building code data from the Architect, the sprinkler system is being used to increase the allowable area of the building. Additionally, the building is over four stories in height. Therefore, the system is designed to comply with NFPA 13 instead of NFPA 13R. Sprinklers will be omitted in areas only where allowed by NFPA 13 and as permitted by the AHJ. The area of the building is over 52,000 squaze feet so multiple sprinkler zones aze required. All zone valves will be provided in the area of the main riser to ease maintenance and minimize the need for zone assemblies to be located on upper floors. The three levels of the Parking Garage will each be a single zone. Due to the lack of a central corridor for the 1 ~` through 5`~ floors of the residential portion of the building, multiple vertical risers aze planned to supply these floors. Additional supervised control valves will be provided on each riser at each floor to allow modification of sepazate units. 3.1.3 Hazard Classifications The residential units will be hydraulically calculated per NFPA 13 Section 11.2.3.5, which allows the most remote four sprinklers to be calculated. Other azeas of the building have the appropriate hazard classification indicated on the contract plans. Hazadd classifications for this building include the following: • Residential -Largest room plus two additional remote sprinklers at 0.10 gpm/ fl • Parking garage -Ordinary Hazadd Group 2; 0.20 gpm/flz over a minimum 2000 fl • Common azeas -Light Hazadd; 0.10 gpm/fl over a minimum 1 S00 fl 3.1.4 Sprinklers Residential units will have residential sprinklers. Other azeas of the building will have quick response sprinklers. Style and finish of the sprinklers will be coordinated with the design team. 3.2 STANDPIPE AND HOSE SYSTEM 3.2.1 System Configuration As stated in Section 3.1.1 above, the water supply is not adequate to supply an automatic Class 1 standpipe system without providing a fire pump. The Vail Fire Mazshal has allowed previous projects to avoid a fire pump by providing either a wet or dry manual standpipe system. This same understanding is being applied to this project. A wet manual standpipe will be provided that is supplied from the main water supply and that has a Fire Department Connection (FDC) that can be isolated with a control valve in the Fire Command Room. 3.2.2 Standpipe/Hose Valve Location NFPA 14 and the IBC require standpipes to be provided in every required stair. Standpipes aze provided in both the existing and new stairwells. c HUUHES ASSOCIATES, INC. Mountain View ~" Fire and Life-Safety Report September 11, 2006 page 3 of 4 3.3 TOWN OF VAIL FIRE SPRINKLER INSTALLATION STANDARDS All Town of Vail Standards and Code Amendments will be adhered to by the design and installation of the system. Examples of Installation Standazds required for fire sprinkler systems are as follows: • New piping for the project will be either steel or copper pipe. Plastic (CPVC) pipe will be allowed only by special request. • The FDC will be flush mounted type. • All closets in the residential units shall be sprinklered. 3.4 FIRE ALARM AND DETECTION SYSTEM 3.4.1 Main Control Panel A new intelligent fire alarm control panel (FACP) will be provided to controUmonitor the new devices in the Building. The FACP will be located in the Fire Command Room on the east side of Parking Garage with a sepazate ingress door at grade directly from the exterior. A graphic map will be provided at the new FACP that indicates the location of every device throughout the building. The map will be graphic only and will not employ LED for each device. The Building's fire alarm system will have separate monitoring by an approved remote monitoring station. An annunciator will be provided in Lobby of the three sepazate residential azeas of the building. 3.4.2 Notification Appliances Notification devices will be provided throughout all azeas of the addition. For common azeas, speaker and strobe units will be provided compliant with NFPA 72 and ADA requirements. Audible devices aze provided throughout the buildings to provide a minimum of 15 dB above average ambient conditions. Visual appliances aze provided as necessary based on applicable codes. For residential units, combined addressable smoke detectors and notification devices are used. These devices will satisfy the requirements for smoke detectors in the units and provide necessary notification upon smoke detector activation. Speakers will also be provided in all residential units. Speakers aze used upon general alarm to evacuate the building. Strobes are provided in units identified as accessible as required by the IBC. Notification will be local for unit smoke detector operation and general for sprinkler operation, heat detector activation, smoke detectors outside units, or manual station activation. General alarm notification in the building shall be divided into four separate areas. A general alarm within each of the azeas shall initiate notification devices throughout the area. Area sepazations shall correlate to building sepazation walls as indicated on the azchitectural drawings. The four notification zones shall be the garage (all levels), the east zone (units 1 and 2 on each level), the center zone (units 3 and 4 on each level), and the west zone (units 5 and 6 on each level). 3.4.3 Manual Devices As required by Vail requirements, manual stations aze provided throughout the Building as required by NFPA 72. A manual station is also provided in the Fire Command room. Manual stations are provided at all required exits. HUGHES ASSOCIATES, INC. Mountain View Fire and Life-Safety Report September 11, 2006 page 4 of 4 3.4.4 Smoke Detection Smoke detectors aze provided throughout residential units as required by IBC 907.2.10. Locations in residential units include, but are not limited to, the following: • In each room used for sleeping purposes • Outside of every sleeping area (if applicable) • In other azeas of the units as necessary for proper initiating and notification Activation of smoke detectors in residential units shall cause all notification devices in that specific unit to activate and will create a supervisory signal on the panel. This supervisory signal will allow staff to be awaze of the situation. If an alarm condition ensues, e.g., from sprinkler water flow, emergency responders will be able to identify the fire location from the original activated supervisory signal on the panel. To determine the exact location of a fire at the request of the Vail Fire and Emergency Services, smoke detectors aze provided throughout the building. Smoke detectors are also required for specific code issues including elevator recall. 3.4.5 Heat Detection Heat detectors aze used throughout the building in azeas where smoke detectors are not acceptable due to ambient conditions to more specifically identify the fire location. Heat detectors in the building will be addressable devices. Heat detectors in the parking garage and in other non-tempered spaces will be weather proof spot type devices connected to the system through an addressable monitor module located in a tempered environment. 3.4.6 Duct Smoke Detectors A duct detectors is provided on the return side of the only fan unit in the building with a supply over 2,000 cfin as required by applicable code. Prepazed by: ou G Scott A. Craig, PE Senior Fire Protection Engineer c HUGHES ASSGCIA"TES, INC. c. ~E'G~l HEPWORTH - PAWLAK GEOTECHNICAL Hepw a.+~lak Geotechnical, Inc. 5020 my Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Faa:970.945-8454 email: hp~;eoC~hpgeotech.com PRELIMINARY GEOTECHNICAL STUDY PROPOSED MOUNTAIN VIEW DEVELOPMENT APOLLO PARK 442 SOUTI3 FRONTAGE ROAD EAST VAIL, COLORADO JOB NO. 106 0297 MAY 25, 2006 PREPARED FOR: RON B1'RNE & ASSOCIATES ATTN: RON BYRNE 285 BRIDGE STREET VAIL, COLORADO 81657 Parker 303-841-7119 Colorado Springs 719-633-5562 Silverthome 970-468-1989 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY ........................................................................... .- 1 - PROPOSED CONSTRUCTION .................................................................................... .- 1 - ...................................................................................................... SITE CONDITIONS . 2 - - FIELD EXPLORATION ............................................................................ - SUBSURFACE CONDITIONS •••••••••••••••• - 3 - FOUNDATION BEARING CONDITIONS ................................................... - ~ - PRELIMINARY DESIGN RECOMMENDATIONS .................................................... - 4 - FOUNDATIONS ......................................................................................................... - 4 - FOUNDATION AND RETAINING WALLS ............................................................ - 5 - FLOOR SLABS .......................................................................................................... - 6 - UNDERDRAIN SYSTEM .......................................................................................... - 7 - SITE GRADING ............................................................................................ - - SURFACE DRAINAGE ............................................................................................. - 8 - LIMITATIONS ....................................................................................................... - r FIGURE 1 -LOCATION OF EXPLORATORY BORINGS ~ FIGURE 2 -LOGS OF EXPLORATORY BORINGS r f FIGURE 3 -LEGEND AND NOTES FIGURES 4 THROUGH 8 -GRADATION TEST RESULTS TABLE 1-SUMMARY OF LABORATORY TEST RESULTS -3- Figure 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2. The subsoils, below the pavement materials, consist of about 4 to 8 feet of fill overlying medium dense to dense, stratified silty sand, gavel and cobbles with boulders. Below depths of about 38 to 40 feet, medium dense/stiff, saturated sand and silt soils were encountered to the drilled depths of 51 feet at Borings 1 and 3. Drilling in the dense granular soils with auger equipment at Borings 4 and 5 was difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit. Laboratory testing performed on samples obtained from the borings included natural moisture content and density and gradation analyses. Results of gradation analyses performed on small diameter drive samples (minus 1 %2 inch fraction) of the subsoils are shown on Figures 4 through 8. The laboratory testing is summarized in Table 1. Free water was encountered in Borings 1 and 3 between depths of about 42 to 45'/2 feet, roughly corresponding to the water level of Gore Creek. The upper soils were slightly moist to moist. FOUNDATION BEARING CONDITIONS The relatively dense, coarse granular soils encountered to depths of 38 to 41 feet are suitable for the condominium building and parking structure support. Spread footings placed on these soils should have moderate bearing capacity with relatively low settlement potential. Excavations that extend down to near or into the saturated sand and silt soils will require special design and construction methods, such as pre-excavation dewatering, structural slab or pile foundations. We expect that excavations deeper than about 10 feet above the sand and silt soils will need the special design and construction Job No. 106 0297 ~~}-~ -4- methods. The recommendations presented below are for excavation based in the upper relatively dense granular soils. When design plans are better known, we should perform additional exploration and evaluation for possible impacts to the project from the underlying sand and silt soils. PRELIMINARY DESIGN RECOMMENDATIONS FOUNDATIONS Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the buildings be founded with spread footings bearing on the upper coarse granular soils at least 10 feet above the sand and silt soils. The design and construction criteria presented below should be observed for a spread footing foundation system. 1) Footings placed on the upper coarse granular soils should be designed for an allowable bearing pressure of 5,000 psf. Based on experience, we expect settlement of footings designed and constructed as discussed in this section will be up to about 1 inch but additional analysis should be perforn7ed when foundation loadings, depths and configurations have been better determined. 2) The footings should have a minimum width of 18 inches for continuous walls and 3 feet for isolated pads. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protection. Placement of foundations at least 42 inches below exterior grade is typically used in this area. 4) Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be Job No. 106 0297 G~tech -5- designed to resist lateral earth pressures as discussed in the "Foundation and Retaining Walls" section of this report. 5) The existing fill, topsoil, debris and any loose or disturbed soils should be removed and the footing bearing level extended down to the relatively dense natural granular soils. The exposed soils in footing area should then be moistened and compacted. If water seepage is encountered, we should be contacted for additional evaluation. 6) The footings should be set back from the steep down slope at least 10 feet for slope stability concerns. The slope setback should be reviewed during design and field verified at the time of construction. 7) A Site Class D can be assumed for the building seismic design based on Table 1615.1.1 of the 2003 IBC. This assumes the underlying sand and silt soils are left in their natural medium/stiff condition. If ground modification is performed for the building support, such as below the parking structure, a Site Class C may be appropriate pending further evaluation. 8) A representative of the geotechnical engineer should observe all footing excavations prior to concrete placement to evaluate bearing conditions. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures up to about 15 feet high which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 50 pcf for backfill consisting of the on-site granular soils. Walls that are taller than 15 feet should be designed for a uniform earth pressure of 25H in psf where H is the wall height in feet. Cantilevered retaining structures which are separate from the buildings and can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 40 pcf for backfill consisting of the on-site granular soils. Job No. 106 0297 ~~J-, -6- All foundation and retaining structures should be designed for appropriate hydrostatic and surcharge pressures such as adjacent footings, traffic, construction materials and equipment. The pressures recommended above assume drained conditions behind the walls and a horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral pressure imposed on a foundation wall or retaining structure. An underdrain should be provided to prevent hydrostatic pressure buildup behind walls. Backfill should be placed in uniform lifts and compacted to at least 95% of the maximum standard Proctor density at a moisture content near optimum. Care should be taken not to overcompact the backfill or use large equipment near the wall, since this could cause excessive lateral pressure on the wall. Some settlement of deep foundation wall backfill should be expected, even if the material is placed correctly, and could result in distress to facilities constructed on the backfill. Granular wall backfill compacted to at least 98% of standard Proctor density will help reduce the settlement potential. The lateral resistance of foundation or retaining wall footings will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.50 for the coarse granular soils. Passive pressure of compacted backfill against the sides of the footings can be calculated using an equivalent fluid unit weight of 400 pcf for granular material. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultimate strength, particularly in the case of passive resistance. FLOOR SLABS The natural coarse granular soils are suitable to support lightly loaded slab-on-grade construction. To reduce the effects of some differential movement, non-structural floor slabs should be separated from all bearing walls and columns with expansion joints which Job No. 106 0297 c~tect, -7- allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free-draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with at least 50% retained on the No. 4 sieve and less than 2% passing the No. 200 sieve. The under slab gravel should be connected with the perimeter underdrain system by interior later subdrains. All fill materials for support of floor slabs should be compacted to at least 9~% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site granular soils devoid of vegetation, topsoil and oversized rock. LTNDERDRAIN SYSTEM Although the groundwater level was encountered below the possible depth of excavation, it has been our experience in mountainous areas that the groundwater level can rise and local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below-grade construction, such as retaining walls, crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. If the parking structure extends into the groundwater level, it may be more practical to design the lower level to be water tight rather than permanently dewater by pump>ng. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free-draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1/z% to a suitable gravity outlet above the flood level of Gore Creek. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and Job No. 106 0297 C-~C~t~Cf 1 -8- have a maximum size of 2 inches. The drain gravel backfill should be at least 2 feet deep and extend to above any seepage in the cut face. SITE GRADING Excavation for the building and parking structure will be relatively extensive and there is a risk ofconstruction-induced slope instability. The uphill cut slopes as a minimum will probably be retained with shoring. The type of shoring will depend on the excavation depths and other site constrains and could consist of soldier piles and lagging, soil nails and micro-piles. We assume the excavation and building footprint will not extend onto the steep down slope and that fills, other than foundation backfill, will be limited to about 1 S feet deep and not be placed on the steep down slope. Embankment fills should be compacted to at least 95% of the maximum standard Proctor density near optimum moisture content. Prior to fill placement, the subgrade should be carefully prepared by removing all vegetation, topsoil and debris, and compacting to at least 95% of the maximum standard Proctor density. The fill should be benched into slopes that exceed 20% grade. Permanent unretained cut and fill slopes should be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revegetation or other means. The risk of slope instability will be increased if seepage is encountered in cuts and flatter slopes maybe necessary. If seepage is encountered in permanent cuts, an investigation should be conducted to determine if the seepage will adversely affect the cut stability. This office should review site grading plans for the project prior to construction. SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the buildings have been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. Job No. 106 0297 G~teCh -9- 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 6 inches in the first 10 feet in unpaved areas and a minimum slope of 2.5 inches in the first 10 feet in paved areas. Free-draining wall backfill should be capped with about 2 feet of the on- site finer graded soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. Surface runoff should not be concentrated and directed onto the steep down slope without adequate erosion protection. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Figure 1, the proposed type of construction and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation. of the recommendations may be made. Job No. 106 0297 c~t~ecF-- -10- This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should conduct additional subsurface exploration and provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. b; a~ .;A r.\~ 4 .a Steven L. Pawlak, P. Reviewed by: 9 5222 r y' a e~0~~~ C~i i~F ~~ w ~19s~•.~NA ~~,a@4~ S Daniel E. Hardin, P.E. SLP/ksw cc: Kail Christensen (via fax, 970-479-8355) Resort Design Associates -Attn: Ben Marion Monroe-Newell -Attn: Scott Wasson W.E. O'Neil Construction -Attn: Clark Bender Job No. 106 0297 GeC~teCr1 PROPOSED CONTOURS _BORI`N'G 4 • 4 ~~' T `' • ~~~ ., PROPOSED PARKING_ STRUCTURE ,~ BORING 3. ~. w, ~.. ^ /EXISTING/, CONDOMINIUM (TO BE REMOVED) ~~~~ ..~. ~~ :', ~~ r ' _, __ ~,, . o ~r' -- 0 o \ _ ~~; ~ ~,I ~~ ~ ~~ ~ ~ ~~ ~ ~~ z ~~' 1^ .; r ra, ~'' e ~, '1 ~ ~ I . :- ', `T ~' y .ED CONDOMINIUM ,~. ` -~' ' aBUILDING ~~ ~ ~``~'~~ ''~; r ~~ i/ EXISTING ~ ~ y CONDOMINIUM ~`~ ~ (TO BE REMOVED). ~~,'~ ~ PROPERTY ~ _ ~ '; BOUNDARY ~ ~ ~- _.__ .. -~ __ -- ~;. _ __ i " ~+ ,_ ~...- ~`~ ~, 1 ~~ ~~ ,~ ~Hp 106 0297 ~"r@Cl'1 LOCATION OF EXPLORATORY BORINGS FIGURE 1 HEPWORTH-PAWLAK GEOTECHNICAL ~p~ c~* ~f o €•- ~~Yi ` I BORING 1 ~.~ ING 2 BORING 1 BORING 2 BORING 3 BORING 4 BORING 5 ELEV.=8214' ELEV.=8212' ELEV.=8208' ELEV.=8212' ELEV.=8216' 8220 8210 8200 8190 m a~ 8180 8170 C 8160 CONDO- MINIUM FIRST FLOOR LEVEL .L=8196.5' a" o:c •q= 2/10 o" MC=3.5 50/5 ° ' +4=47 -200=13 ... 0~ .; a ,• . 50/3 .. a 54/10 • MC=3.1 •~ • • 59/12 +4=21 ~• -200=8 ~ .' 24/12 +4=1 -200=19 8220 68/12 8/12 ° 36/4 ,:. • • ~ 54/12 ;q~ MC=5.0 •a, +4=28 a • -200=18 45/5 35/8 50/5 MC=2.6 +4=43 -200=11 50/3 16/12 7/12 8210 MC=12.1 DD=121 +4=19 -200=35 33/9 75/10 8200 41/12 1 MC=2.7 VVV +4=46 -200=13 8190 iv 0 . ~ N W 8180 MC=2.1 .4_ .' APPROXIMATE GORE CREEK 8170 +4=21 ' '' NORMAL WATER LEVEL -200=9 0,7 8160 12/12 +4=0 -200=92 8150 8150 Note: Explanation of symbols is shown on Figure 3. H 106 0297 t@C~'1 LOG OF EXPLORATORY BORINGS FIGURE 2 LEGEND: ASPHALT PAVEMENT AND BASE COURSE FILL; mixed silty sand and gravel, scattered cobbles, some organics, loose to medium dense, moist, dark brown. I SAND AND GRAVEL (SM-GM); silty, scattered cobbles, medium dense to dense, moist, brown, subangular to ~` rounded rock. ° ' GRAVEL AND COBBLES (GM); silty, sandy, with boulders, medium dense to dense, moist, brown, subangular to ,;, rounded rock, stratified. SAND AND SILT (SM-ML); roughly stratified, medium dense/stiff, moist to wet with depth, brown. Relatively undisturbed drive sample; 2-inch I.D. California liner sample. Drive sample; standard penetration test (SPT), 1 3/8 inch I.D. split spoon sample, ASTM D-1586. 50/5 Drive sample blow count; indicates that 50 blows of 140 pound hammer falling 30 inches were required to drive the California or SPT sampler 5 inches. 0,7 Free water level in boring and number of days following drilling measurement was taken. Depth at which boring had caved following drilling. Indicates refusal to drill augers. °•~ Indicates slotted PVC pipe installed in boring to depth shown. ... NOTES: 1. Borings 1, 2, and 3 were drilled on April 19 and 20, 2006 with 6 inch diameter ODEX casing and compressed air circulation. Borings 4 and 5 were drilled on May 1, 2006 with 4-inch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were obtained by interpolation between contours shown on the site plan provided. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. Water level readings shown on the logs were made at the time and under the conditions indicated. No free water was encountered in Borings 2, 4, and 5. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: MC =Moisture Content (% ) ~D =Dry Density (pcf ) 4 = Percent passing No. 4 sieve 200 =Percent passing No. 200 sieve _H~ p 106 0297 ~~"t@C~''I LEGEND AND NOTES FIGURE 3 HEPWORTH-PAWLAK GEOTECHNICAL O W Z 2 F Z W U w a W Z Q z w U w a HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SOUARE OPENINGS 24 HR. 7 HR 45 MIN. 15 MIN. fiOMIN. 19MIN. 4 MIN. 1 MIN. #200 #100 #50 #30 #16 #8 #4 3/6' 3/4' 1 1/2' 3' 5' 6' 8' 100 90 80 70 ~ _Z 60 ~ d 50 ~ Z w a0 („) w 30 d zo 10 0 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 2.36 4.75 9.5 12.5 19.0 37.5 76.2 1271 20.3 0 10 20 30 40 50 60 70 so so 100 Gravel 21 % Sand 71 % Silt and Clay 8 Liquid Limit % Plasticity Index Sample of: Slightly Silty Gravelly Sand From: Boring 1 at 30 Feet DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT CORRI FS FINE MEDIUM COARSE FINE COARSE HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR. 7 HR 45 MIN. 15 MIN. 60MIN. 19MtN. 4MIN. 1 MIN. #200 #100 #50 #30 #16 #B #4 3/6' 3/4' 11/2 3' S' G 2 100 90 80 70 ~r Z_ 60 ~ Q 50 ~ z w ao v w 30 a 20 10 0 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.16 2.36 4.75 9.5 12.5 19.0 37.5 76.2 127152 203 0 10 20 30 40 so so 70 80 90 100 DIAMETER OF PARTICLES IN MILLIMETERS CLAY TO SILT Gravel 1 Liquid Limit Sample of: Silty Sand 106 0297 ~ tGC~'1 HEPWORTH•PAWLAK GEOTECH SAND GRAVEL CO6BLES FINE MEDIUM COARSE FINE COARSE Sand 80 % Silt and Clay 19 Plasticity Index From: Boring 1 at 50 Feet GRADATION TEST RESULTS I FIGURE 4 HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR. 7 HR 45 MIN. 15 MIN. 60MIN. 19MIN. 4MIN. 1MIN. #200 #100 #50 #30 #16 #6 #4 3/B' 3/4' 11? 3' S' 6' 8' W Z Q W Z W U w a 100 90 80 70 ~ Z 60 ~ d 50 ~ Z w 40 („) w 30 W 20 10 J .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 .2.36 4.75 9.5 12.5 19.0 37.5 76.2 127152 203 0 10 20 30 40 50 60 70 60 90 100 DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT coeBLEs FINE MEDIUM COARSE FINE COARSE Gravel 47 % Sand 40 % Silt and Clay 13 Liquid Limit % Plasticity Index Sample of: Silty Sand and Gravel From: Boring 2 at 15 Feet HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR. 7 HR 45 MIN. 15 MIN. fiOMIN. 19MIN. 4 MIN. 1 MIN. #200 #100 #50 #30 #16 #8 #4 3/6' 3/4' 1 1? 3' 5' 6' B' O W Z Z w U w a DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLES FINE MEDIUM COARSE FINE COARSE Gravel 21 % Sand 70 % Silt and Clay 9 Liquid Limit % Plasticity Index Sample of: Slightly Silty Gravelly Sand From: Boring 2 at 40 Feet H 106 0297 t~'CI'l GRADATION TEST RESULTS FIGURE 5 LICE\A//IOTLJ OA\A/I Al!/^_CI'lTC!^IJ All I`AI 100 90 80 70 ~ Z_ 60 ~ d so ~ Z w 40 U w 30 ~ 20 10 0 .001 .D02 .005 .009 .019 .037 .074 .150 .300 .60D 1.16 2.36 4.75 9.5 12.5 19.0 37.5 76.2 127 52 203 0 10 20 30 40 so so 70 80 90 100 ® o HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR 7 HR 45 MIN. 15 MIN. 60MIN. 19MIN. 4MIN. iMiN. X200 X100 X50 X30 X16 X6 X4 3/6' 3/4' 11/2' 3' S' 6' B' 0 W Z Q W H Z w U w O_ D W Z Q W H Z w U w a 100 90 ao 70 ~ Z 60 ~ Q d 50 ~ Z w ao v w 30 n- 20 10 0 ,001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.1B 2.36 4.75 9.5 12.5 19.0 37.5 76.2 127152 203 0 10 20 30 40 SD so 70 80 90 100 Gravel 43 % Sand 46 % Silt and Clay 11 Liquid Limit % Plasticity Index Sample of: Slightly Silty Sand and Gravel From: Boring 3 at 20 Feet DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLES FINE MEDIUM COARSE FINE COARSE HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR. 7 HR 45 MIN. 15 MIN. 60MIN. 19MIN. 4MIN. 1MIN. X200 X100 X50 X30 X16 XB X4 3/6' 3/4' 11/l 3' S 6' 8' 100 90 BO 70 ~r Z 60 ~ Q 50 ~ Z w ao v w 30 0_ 20 10 0 .001 .002 .DOS .009 .019 .037 .074 .150 .300 .600 1.16 2.36 4.75 9.5 12.5 19.0 37.5 76.2 127152 203 0 10 20 3D 40 50 so 70 eo so 100 DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLES FINE MEDIUM COARSE FINE COARSE Gravel 0 % Sand 8 % Silt and Clay 92 Liquid Limit % Plasticity Index Sample of: Slightly Sandy Silt From: Boring 3 at 50 Feet 106 0297 I GeU~tC~C~'1 HEPWORTH•PAWLAK GEOTECHN GRADATION TEST RESULTS I FIGURE 6 t 4 s u HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR 7 HR 45 MIN. 15 MIN. 60MIN. 19MIN. 4 MIN. 1 MIN. #200 #100 #50 #30 #16 #6 #4 3/6' 3/4' 1 1!2' 3' 5' 6' B' O W Z Q W F- Z w U 2 w d O W Z Z W U w a 100 90 80 70 ~ Z_ 60 ~ Q 50 ~ Z w 40 () w 30 ~ 20 10 0 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 2.36 4.75 9.5 12.5 19.0 37.5 76.2 1271 ~ 203 0 10 20 30 4D 50 6D 70 80 90 100 DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLES FINE MEDIUM COARSE FINE COARSE Gravel 28 % Sand 54 % Silt and Clay 18 Liquid Limit % Plasticity Index Sample of: Silty Sand and Gravel From: Boring 4 at 10 Feet HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR. 7 HR 45 MIN, 15 MIN. 60MIN. 19MIN. 4 MIN. 1 MIN. #200 #100 #50 #30 #16 #6 #4 3/6' 3/4' 1 1/2' 3' S' 6 g 100 90 80 70 ~ Z 60 ~ d 50 ~ Z W 40 („) w 3o a. 20 10 0 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.16 2.36 4.75 9.5 12.5 19.0 37.5 76.2 1271 ~ 203 0 10 20 30 40 50 60 70 fio so 1oD DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT COBBLEs FINE MEDIUM COARSE FINE COARSE Gravel 19 % Sand 46 % Silt and Clay 35 Liquid Limit % Plasticity Index Sample of: Silty Gravelly Sand From: Boring 5 at 5 Feet 106 0297 I e tGCh I GRADATION TEST RESULTS I FIGURE 7 HEPWORTH-PAWLAK GEOTECHNICAL 0 10 20 HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 24 HR. 7 HR 45 MIN. 15 MIN. fiOMIN. 19MIN. 4MIN. 1MIN. k200 M100 N50 M30 •i6 MB M4 3/8' 3/4' 11/2' 3' S' 6' B' 100 90 80 30 p 40 w Z Q 50 •- Z d 60 70 80 90 100 70 60 ~r Z d 50 ~ Z W U w 40 ~ 30 20 10 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 2.36 4.75 9.5 12.5 19.0 37.5 76.2 127152 203 DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL CLAY TO SILT coeBLEs FINE MEDIUM COARSE FINE COARSE Gravel 46 % Sand 41 % Silt and Clay 13 Liquid Limit % Plasticity Index Sample of: Silty Sand and Gravel From: Boring 5 at 15 and 20 Feet Combined 1r' 106 0297 c-~Ptech GRADATION TEST RESULTS I FIGURE 8 rn N O O Z .n O n U ~ Z J ~--~ ~ J ~ Q W U ~ ~ ~ Z ~ = W U I- W ~ H ~ O ~ Q ., w ~ J ~++ W Q~g a ~ ' O 2 ~ ~ a ~ W _ (~ c ~ ~ ~ b ~ ~ ~ ~ C a ~ > ~ ~ > .~ > ~ ~" ~ Q .^"~ ~ ~ tom. ~ ~ ~ ~ _~ U p p bA am' d4 ~ v' 'L'3 ~, b ~ b ~' ~ ~ ~ ~ ~ ~ L + ~ ~ ~+ ~ cd ~ cd ~, ~, >, ~ F, ~ ~ ~ r-+ ~ ~ b4 ~ N b A b 4 ~A C/~ C!~ ~ ~ ~ ."". ~ ~ ~ ~ .""- C/1 C/~ C/~ bA C/~ C/~ C/~ C/~ Ow zing lL W z LL i Oaf a z~ ~ t n o ~ U U ~ ~ ~ o z ~ a "" w ~ °~ K a~ ~ a ~ zz° ow aaz Q ~ r ~ ~ ~ ~ °O ~ ~ ~ z ~ ~ a Q J C7 > o ~ °~ ~ N ~ ~ ~ .-~ N M '~ ~ 00 N ~ ~ ~ ~' . . J }} N ~ ~ N Q p w '"'' z o J ~ F- Z 0 Zp .b O Q ~ O O ~ O O O O ~ Q . -i p . ~i O w J a o, N 'o ~--~ N M mot' to m SEP-05-2006 12 12 H-P GEOTECH Hi:PWORTH-PAWLAK G1w4TECHNICAL J~al~= 74, 2006 RorA Byrne & Associates Attn: Ron Byrne 28~ Bridge Street Vail, Colorado 81657 P.01i07 H[epwo?i~l~k'aw-.a~: Gc~~,r::c.:r,,r.;3.i, inc. .JCr2~ C.OLF)L)~ Rl')'elL'~ l ]L .4?lenwoa;i.~-n~~- C:r)ic)r;:.;r~ <~h0't -__-- NANRE SAV~rRri PAX MEMO 01616 ~~ ~ G ~"- To ~ from colocot. co. PhonC d PI1o~ wt +~ Fax / e f ,~ F8x r JoEz?vo.106 0297 Subject: Supplemental Geotechnical Study, Proposed Mountain View Development, Apollo Park, 442 South Frontage Road East, Vail, Colorado Dcat•. Mr. Byrne: A.s requested, Hepworth-Pawlak Geotechnical, lnc. performed additional subsurface exploration for design of foundations at the subject site. The study wa_s conducted as a supplement to our proposal for geotechnical engineering services to Ron Byyne Associates dated Apri127, 200b. The data obtained and our recomn~endatio~.s based on the proposed construction and subsurface conditions encountered are presented .in this report. We previously conducted a preliminary geotechnical study f ar the project and presented our fizidings in a report dated May 25, 240b, Job Igo. 106 0297. Proposed Construciaon: The proposed development is similar to that described in our previous report for the project. The condominium building will be located in `the southern part of the property in place of the existing buildings and have a lower flocs elevations of 8196.5 feet, up to about 20 feet below the existing ground surface. The parking structure will be located in the nortbezz~ part where there is existing surface parking azxd have a Lower. floor elevation of 8183 feet, up to about 35 feet below existing I;ro~uic? surface. Excavation for three elevator/stairway towers located along the north side of the structure wi11 be about an additional 6 feet, or up to about 40 feet total cut depth. Foua~datiou loadings will typically be relatively heavy for both buildings. The parking structure loadings will be the heaviest and up to about 1,000 kips for the i.nteri or col uta~s and up to aboui x,000 kips for the elevator/stairway towers. The parking structure loacan~s include a possible future condominium tower that will 11pt be built as part of the currcnf project. Ground floors will be slab-oz~-grade- If .building conditions ox foundation loadings are significantly different from. those described above, we sk~ould be notified to re-evaluate the recommendations presented in this report. Parker 303-841-7119 ~ C:olorado Springs ?19-633-5562 * Silvert~~a~~zsze 97 -~fi.-1989 SEP-05-2006 12.12 H-P GEOTECH P.02i07 -2- Site Conditions: The project site is essentially the same as that described it o-ar previous report. Supplemental Subsurface Ezploratio!o: Borings 4 and 5 of our previous study that renrsed in dense ~anular soils with power augers were deepened with rotar}~ UDEX casix~.g powered by a truck mounted CME SS drill rig to their final depths ax Sl i~eet. The locations of the borings are presented on laigure 1 and the logs of the borings are presented on Figure 2. Boring 4 encountered dense granular soils to a deph-~. of 45 feet ave~•lying medium dense/stiff sand and silt to the boring depth. 3oring S encc.~un.tered dense granular soils to the total depth drilled. Results ofa gradatic:~n analysis performed on s•. nples of sand and gravel soils (minus 11~ inch fractaon} obtained froze the borings are presented on Figure 4. Crroundwater level was encountered between about elevation 8164 feet to 8170 feet. Fdu~adation Recommendations: The subsurface profiles encountered by the additional exploration are generally consistent with those previously found at the site. 'T`he reeor~~zm.endations presented in our previous report cars be used for the condomi.•zium building foundation design. Spread footings can be designed for an allowable'bearing pressure of 5,000 psf with settlement potential up to 1 inch. The parlang structure foundation can generally also be designed usinb our previous recommendations but with consideration of total and differential settlemEnts across the structure. The structure can be.founded on spread footings designed for an allc~yrable bearing pressure of S,U00 psf. The foundations for the elevator/stairway towers ar. e expe:~ted to consist of a structural slab or combination footing that should be designed for ar_ ~l}c-wable bearing pressure of 4,000 psf. Settlements under the design loadin=s are est;,mated to be up to about 1 to 1'/~ inches and could be mostly differential. 'T'he settlelneztt estimates are for the final building load condition and would be pmpc~rtionately less for smaller interim loads. In our analysis we assumed ti~at the depth to the sand and silt soils (below the elevator/stairway tower) is at least Z O feet.. 7"tiis should be further validated at the time of construction by additional borings. Site Class to shoule' be used foi seismic desi~ as previously recommended. Y.irn~ltations: This study has been conducted in accordance with generally acc:,pted geotechnical engineering principles and practices i!n this area at this time. 'V~'•e make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicatc^d on Figure ]and to the depths shown on Figure 2, the proposed type of eon.sttuction, and our experience in the area. Our findings include interpolation and Job \~o.! 06 0297 SEP-05-2006 12 12 H-P EOTECH P.03i07 -3- extrapolation of the subsurface conditions identified at the expf oratory borings acid variations in the subsurface conditions may not become evident until cxcavation is performed. Additional subsurface exploration should he performed in the parkirt~ structure site to frther evaluate the depth of the sand and silt soi.ts belo~x~ the ~ccavarion. This ,,.eport has been prepared for the exclusivE use by our client far design purposes. We are not responsible for technical interpretatiobs by others of our information. As the project evolves, we should provide continued consultation and f eld services during ccrlstruction to review and moraitar the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Sigr<;~cant design changes may require additional analysis or modifications to the rpcommEndati.ons presented herein. We recommend observation of footing excavations and bea*ing strata and testing of structural fill by a representative of the geotechnical engineer. Please let us lonow if you have any questions or if we can be of further assistance. Respectfully Submitted, I~.~PWORTH - PAWLAK GEOTECI~NICAL, INC. Steven L. Pawlak, P.E. Re~~ b_y: DEI"I SLP/ksw arta;'nments Figure 1-- Location of Exploratory Borings Figure 2 -Logs of Exploratory Borings Figure 3 -Legend and Notes Figure 4 ~ Gradation Test Results cc: Kail Christensen (via fax, 970-479-$355) Resort Design Associates -Attn: Ben Marion Monroe-Newell -Attn: Scott Wasson W.E. O'Neil Construction -Attn: Clark Lender Job No. t ofi 0297 SEP-05-2006 12 13 8220 8210 8200 }, 8190 8180 8170 0,7 8160 8150 106 0297 BORING 1 BORING 2 BORING 3 BORING a sJRtNG 6 cLEV,=821 a' ELEV.=8212' ELEV.=8208' ELEV.-8212' ELEl1.=821'5' 8811 MC= +4M. -200= 24/12 +4=1 -200=19 APPROXIMATE GORE CREEK NORMAL WATER LEVEI. 8150 Note: Explanation of symbols is shown on Figure 3. ~E'.Gf'1 LOCa OF EXPLORATORY BORINGS FIGURE 2 CONDO- MINIUM ' FIRST :. FLOOR ,t LEVEL eL=8196.5' -% 72/10 MC= 5015 +4=~ -200 .: 50/3 '.. :• 54/10 ~; MC=3.1 - $9/1e +4-21 ' ° -200=8 .:_ f` ~y,~, P.05i07 .~ - 18112, ~ . 7/12 8210 MC=121 8h2 aD=12. + 36/d ~ +4s:19 . . .~_~ • • 3319 •{ 54/12 MC=5.0 7S/10 82~ +4-2r~ • ' -200=18 • :. 35/8 % 41f12 45/5 . °~. - MC~2.7 ~ +4=4G < 8190 ' PARKING ~; ~ : STRUCTURE t FLOOR ' 50/5 • • LPL ~ 411:2 0 ~ MC=2.6 ~,~,43 ~ • EL=8183' ~~ ~ APPROXIMATE ia ~ ,~=11 . - 70/12 ELEVAT pR w ~ FiTJSTAfRWAY • ., BEING EL==6177` ~~ 50/3 ~ 50/2 .. ° .:- O 19/6 .. •. o as/4 8170 - Mc=1,~ ,. 9 .•M '~=11 "~ 3216,5'!/5 9 r ,ti 1fi/12 MC=3U,8 8'160 -2ao=71 12/12 +a=o -200=92 i s ~: SEP-05-2006 12 14 ! EGEND: ASPHALT PAVEMENT AND SASE COURSE P.06i07 FILL; mixee?~sl!ty sand and gravel, scattered cobbles, some organics, loose to medium dense, .moist, dark brown. SANp AND~GRAVEL (SM-GM); silty, scattered cobbles, medium dense to dense, moist, brown: su4angular to rounded rock. . GRAVEL AND COBBLES (GM); silty, sandy, with boulders, medium dense to dense, moist, brown, subangular #o rounded rock, stratified. -'" SAND ARD SILT (SM-Ml_); roughly stratified, medium dense/stiff, moist to wet with depth, browr3. Relatively undisturbed drive sample; 2-inch l.Q. Califomia liner sample. Drive sample; standard penetration test (SPT),1 3/8 inch I.D. split spoon sample, ASTM D-1586. 505 Drive sample blow courrt; indicates that 50 Mows of i 40 pound hammer falling 30 inches were required to drive the California or 5PT sampler 5 inches. 0'~ Free water level in boring and number of days following drilling measurement was taken. Depth at which boring had caved following drilling. Indicates refusal to drill augers. ° Indicates~slotted P1/C pipe installed in boring to depth shown. NOTES: 1. Borings 1, 2, and 3 were drilled on April 19 and 20, 2006 with 8 inch diameter ODFJC casing and compressed air circulation. Borings 4 and 5 were drilled on May 1,2006 with flinch diameter continuous flight power auger and deepened on July 10, 2006 to the final depth with 6 inch diameter ODEX Casing. 2. Locations of expia; atory borings were measured approximately by pacing from features shown on tl^e site plan provided. 3. Elevations of explcratory borings were obtained by interpolation between contours shown on the sits pion provided. 4. The expioratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. Water level readings shown on the logs were made at the time and under the conditions indicated: No free water was encountered in Boring 2. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: ~MC =Moisture Content (% ) pD =Dry Density (pct ) ~.n +4 = Percent pess~ng No. 4 sieve -200 = Percent passing No. 200 sieve 1Ofi 0297 ~ ~~ ~ LEGEND AND NOTES ~ FIGURE 3 SEP-95-2096 12 14 10 ~ ~ Z 30 a ~ 40 z so w ~ so 111 a 70 sa 0 10 Q 20 Z_ 30 40 SO ua 80 t~ d 70 Bu 90 P.97i97 eo CD n ~ r~ ~~ c; m ~ 11.1 a SG 0 1 .001 .002 L05 AOB M6 A87 A71 .iDO .J00 .600 1,10 286 •.75 4.3125 19.0 $7.5 'ti.0 StL+ 'NJ t:•7 DIAMETER OF PARTICLES IN MILLIMETERS ~+" coea.ee awYTOSILT Fl~ ~~ COAR~ MnE GRAVEL 1 96 SAND 88 % SILT AND CLAY 11 % LIQUID LEMfT % PLASTICfTY INDEX % SAMPLE OF: Slighi~y Silty Sand FROM: Boring 4 at 40 Feei ioo .007 .002 .005 .009 .079 .037 .07a .150 ~'~ •~ 1.i8 2.36 4.75 9.b12.S's•u ~i•5 'O•~ t2~ "~ DIAMETER OF PARTICLi=SIN MILLIMETERS anvTOSLr inn C~~g Fri MFDRM COl~R9F 1 taRaVEL 38 96 SAND 51 °~ SIL'C AND CITY l1 % LIOUID LIMIT R6 PLASTICITY INDEX SAMPLE OF' Slightly Silty Gravely Sand FROM: sorin 5 at 50 Feet u J TIME READINGS U.S. $'TANbARD SERIES l ^ MGl BAR SQUARE OPENINGS I '100 90 C'3 70 Z Q 60 a 50 ~ U ao ~ 30 20 10 0 106 0297 GRADATIGN TEST RESULTS ~ Etgul~ 4 TOTAL P.97 TIMl: READINGS U.S. STANDARD SERIES CL:.AFt SQUARE rPcNINGS I Y Y Y ?"P.... __. .....~.......,........ ........ ...,.,, ~cn ~vn it~a irA atd 318` 3/4" 1 112" 3" 5 6 8 too - RE: Mountain View T s~Zi/o~ From: "Marion, Ben" <bMarion@ResortDesign.com> To: George Ruther <GRuther@vailgov.com> ~ ~' Date: 06/12/2006 1:46:56 PM Subject: RE: Mountain View Townhomes George, I have completed the revised site plans with site and landscape changes as requested by the DRB. I am having 4 copies of the revised site plan delivered to you today. The following are responses to the items as changed on the plans. I have noted the areas with DRB tags on the site plan to show the areas changed. 1. Reduce the amount of hardscape on the east end of the project by softening the curves of the driveway and eliminating the two proposed surface parking spaces. The amount of hardscape has been reduced at the north and south side of the east edge of the drive, the two parking spaces have been removed and replaced with a garden. 2. Soften the exposed south face of the parking structure with additional landscaping or possibly additional tiers in the retaining wall design. The south wall of the north garage is now terraced to reduce the exposed flat wall. The wall will now be terraced gardens with curved two to three foot high site walls containing trees, shrubs, boulders and perennial beds. 3. Please provide a delineated paver path connecting the townhomes to the sidewalk along the south frontage road. The paver path should be delineated by a differentiation in paver patterns A paver path that connects the plaza area to the street has been added the paver pattern is different on the walkway to delineate the walk area. 4. Move the pool south as far as structurally possible to increase the area around the north side of the pool. The pool has been moved 4 feet to the south to increase the pool area. 5. Please provide additional landscape plantings on the northside of the pool. A planter has been added to the north of the pool the entire length of the wall with additional plantings. Please contact me if you have questions or need any additional information. Thank-you Ben Ben Marion Resort Design Associates 1434 Spruce St. suite 110 Boulder, CO 80302 303-449-4433p 303-449-3366f www.resortdesign.com 1 George Ruther - RE: Mountain View Tow~rnes ~ Page 2 -----Original Message----- From: George Ruther [mailto:GRuther@vailgov.com) Sent: Wednesday, June 07, 2006 4:36 PM To: bMarion@ResortDesign.com Subject: Mountain View Townhomes Ben- Thanks again for appearing before the DRB on Wednesday, June 7th. As you are aware, the DRB tabled the final review of the application for the Mountain View Townhomes to the June 21st public hearing. The DRB has asked that you address the following items and illustrate them on a revised plan set submitted to the Town by no later than Monday, June 12th: 1. Reduce the amount of hardscape on the east end of the project by softening the curves of the driveway and eliminating the two proposed surface parking spaces 2. Soften the exposed south face of the parking structure with additional landscaping or possibly additional tiers in the retaining wall design 3. Please provide a delineated paver path connecting the twnhomes to the sidewalk along the south frontage road. The paver path should be delineated by a differentiation in paver patterns 4. Move the pool south as far as structurally possible to increase the area around the north side of the pool. 5. Please provide additional landscape plantings on the northside of the pool. Should you have any questions, please do not hesitate to call. Thanks again and we'll see you on the 21st. George Ruther, AICP Chief of Planning Town of Vail (970) 479-2145 office (970) 376-2675 cell (970) 479-2452 fax gruther@vailgov.com ~ George Ruther -Mountain View exterior r~rials list ~ Page 1 ~ From: "Marion, Ben" <bMarion@ResortDesign.com> To: "George Ruther" <GRuther@vailgov.com> Date: 04/24/2006 3:24:25 PM Subject: Mountain View exterior materials list George, the following is a list of exterior materials for the Mountain View project. 1. Roof - synthetic slate roof tiles 2. Siding- Vertical wood siding, e.i.f.s., stone 3. Fascia- stained wood 4. Soffits- stained wood 5. Windows- metal clad wood windows 6. Window trim- stained wood 7. Doors- wood, glass, metal 8. Door trim- wood, metal 9. Hand or deck rails- wood railing with metal pickets 10. Flashing- copper 11. Chimneys- stone Please let me know if I can add additional information or if you would like copies of the photos from the sample board. Thanks Ben Ben Marion Resort Design Associates 1434 Spruce St. suite 110 Boulder, CO 80302 303-449-4433p 303-449-3366f <http://www.resortdesign.com/> www.resortdesign.com 0 0 DESIGN REVIEW BOARD AGENDA April 19, 2006 ' 3:00 P.M. ~~~~~, , PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Town Council Chambers MEMBERS PRESENT Mike Dantas Sherry Dorward Lynne Fritzlen Margaret Rogers SITE VISITS 1. Ruth Residence - 800 Potato Patch 2. Biszantz Residence - 670 Forest Road 3. Alphorn Condominiums -121 West Meadow Drive 4. First Bank -17 Vail Road 5. Winter Residence - 4094 Lupine Drive 6. Taggart Residence - 4110 Spruce Way Driver: Warren 12:OOpm 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:OOpm Vail Mountain View Residences DRB06-0036 George Final review of new construction (multi-family residences) 422 South Frontage Road West/Vail Village Filing 5 Applicant: Ron Byrne ACTION: Approved with condition(s) MOTION: Dantas SECOND: Fritzlen VOTE: 4-0-0 CONDITION(S): 1. The applicant shall submit a revised site plan for the review and approval of the Design Review Board addressing the comments outlined in the letter from the Public Works Department, dated April 19, 2006, prior to submitting an application for a building permit to the Town of Vail Community Development Department. 2. Town of Vail DRB06-0067 Final review of a minor alteration (snow storage) Roger Staub Park, East Gore Creek Drive/Tracts B and C, Vail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer ACTION: Approved MOTION: Fritzlen SECOND: Dorward VOTE: 4-0-0 3. Arnold / Newman Residence DR606-0059 MEMBERS ABSENT Pete Dunning Warren Warren Page 1 Q o ~w~o~v~, Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 www. vailgov. com MEMO To: George Ruther TOV From: Chad Salli, Project Engineer Re: Mountain View Residence DRB Submittal Date: 4/ 19/06 The Town of Vail Public Works Department has received the DRB submittal plan set dated 4/19/06 for the Mountain View Residence Development. We reserve the right to provide additional comment during the civil engineering submittal process and the Building Permit review process. 1. Current proposed access is not approved by Public Works. The current proposal requires two driveways accessing one curb cut creating multiple conflict points and difficult weave conditions. 2. If the access changes from its current condition a CDOT access permit may be required, contact CDOT for requirements. 3. Civil engineering plans shall be submitted to and approved by Public Works prior to Building Permit submittal. 4. A Town of Vail Revocable ROW permit shall be recorded for all private property improvements located within public ways, Town owned land. 5. Any excavation shoring methods used that encroach upon adjacent public or private property shall have approval by the appropriate owner and have a recorded easement prior to construction. Currently CDOT does not allow any shoring within their ROW including soil nails without approval and a permanent lease and an environmental assessment. If this is being considered contact CDOT as soon as possible. 6. 2% max allowable driveway grade from the edge of pavement to property line per CDOT requirements. 7. 8' wide concrete cross-pan required across driveway. 8. Centerline driveway grade can not exceed 4% at any point 30' from the back of the cross-pan. 9. Max allowable driveway width is 36', current proposal shows 43'. 10. Need to show how the adjacent Apollo Park surface parking is to be reconfigured. 11. Parking garage ramps are required to be 24' in width. 12. Min opening for a parking structure entrance is 20'. 13. Sand/oil separator is required for the parking structure. u ~~ T'D~N OF YAIL ~ 75 South Frontage Road Vail, CO 81657 970-479-2138 FAX 970-479-2452 COMMUNITY DEVELOPMENT FAX TRANSMITTAL SHEET TO: COMPANY NAME: FAX TELEPHONE NUMBER:?~ • ~~~~ FROM• ~~~!~- ~V'f'~ DATE: 3I Zt ~~ TIME: # OF PAGES IN DOCUMENT (NOT INCLUDING COVER SHEET) RESPONSE REQUIRED? SENT BY TOWN OF VAIL COMMUNITY DEVELOPMENT FAX # 970-479-2452 TOWN OF VAIL COMMUNITY DEVELOPMENT TELEPHONE # 970-479-2138 SPECIAL COMMENTS AND NOTES: 'I F: EVERYONE~FORMS~FaxSheet 0 0 John C. Zahner 442 S Frontage Rd E, #B203 Vail CO 81657 March 20,2006 To: George Ruther Chief of Planning Town of Vail, CO. RE: Concerns on Vail Mountain View (VMV) Development Phone 970 476 4974 I) The supposedly ground level exhaust for the underground parking-garage for the main building seems quite improbable to me. I don't think it is possible to have a ground level exhaust surrounded with 4 or 5 feet of snow. I think the only likely structure is a horizontal exhaust above snow level. In that case, the structure should be behind the set-back line. I doubt the DRB gets into this type of detail. Who in the town approves this sort of equipment and are they also concerned about setbacks? Don't there have to be air intakes also? We are also concerned about the transformer locations. 2) The project also is to have air conditioning; I usually associate air conditioning with some noisy outdoor equipment. Where are these pieces of outdoor equipment located and are the compressors and heat exchangers both outdoors?. I imagine that there will be individual equipment for each residential unit. 3) The sidewalk along the west end of the timeshare property is almost entirely within its property along with the gazebo. However, the treed entrance from the parking lot is not on the timeshare's ~ land. I hope it is possible to do a small swap (maybe after construction begins) which puts this entire walkway and entrance in the timeshare's land while giving most of the jut-out along the walk to the VMV development. In the meantime, I hope we can continue to enter this walkway from the parking lot through the treed entrance. 4) Concerning entrances to the stream path during demolition, which I assume will be over before Z next ski season, any north-south path to the stream path seems reasonable. However during the next ski season, I hope the construction fence along the town's line can be about five feet inside the VMV property so that a temporary path which can be maintained will connec up~ to tTpart of the stream path which is snow plowed. r~eems to me, for the auxiliary underground parking with a park like top, there should be s e provision for water runoff from the top in case we have a series of rains like we had a few t years ago. The soil and plantings on top of a concrete roof will have a li ted ability to absorb ~ water. ~~~ ova e c.~tr! q <-u~`~~~-~-'-e.-'`~ ~e ~~' ,~~ ~vu~~~~ -~~~ Thank you t~~z~ J ohn C Zahner ;;~ ~ /~,-_ / ,,.~~ y ~ _ ~Wlo~~l ~T7d.l ~'~'IQu ~ 5i ~ . _- __ - Lam; z ~ , - - ---- i - --------- + • ------,/~~1~ Z a.~..,~-- ZO ~,~, , . ~ ~ -5 ~ ~ ~~~ra~ i ~ o ~ ~ - -~_v~;~~4 ~ 7 - ---------- ------------------- ------------------ ---- ;, -- - I , I _ ~ L-. ~__~-Z~_~4~s-,r~,~.~ 1~9--~S_ ' __ ! - - --------- -- _. . ,; 2 c c ~2nc.~ l - cl ' ~ -/i.~E - ,~-,z~___I,.~~_~L-_- -il~.~_ - ~ IA,~ __ _ ~~-E.C~ Qty _ _ " c .1 i S . - u~. o~ _ . ~~-, -BLS 7 ~.~~,~ ~~ '~--dc~ ~, . I/~r"C' ~~~~-1 _ . _~'2~QS.1`S j i 1.1 _~c~ Qt4r'~ • 9 ~r~~ri,~i~,NS use or - = '' - - _ 'Q~l ~ L~~~s. Ship-, -N~ ~~ a= __ ~ld~ c ~~a. r ~- ~~ ~~ ~~«w 1. / /- ° ~ • 1~ i I I I __ --- -~ ..~ ~ ~ -.._,~ - _ ,_ -.-__-~. I fi ~ ~ t - ., ~- ' ' ~ l i / ~ ~ x -_...-_ ._____-__....- "- _ ~ ~ ~ •~ -_____.___.. ____ t _ _-___-____ -__-_.-. -^~T _-- _ tea, ~~ y I __-_-__..__._ ~ i ~ ~ i i. ~ c ~_--_ ~ --__ _ -- __r- T-_ ` a7 _ . Y ~ i ~ ` l _. i , _ ~ i ' _-- __ ._ .. __ , _.__ - ____- -_ --___.___ ~ -- ' .. ~,.. , , z _..._.__..__ __ _._. I ~~ 4.~ ...._ ....,...._. -__ .. _-..-_-.,ate .... _ .... ~ - - _.-_-_.________.- _1..- -- __-__- _ Y "-- t -r _._ .. .. ..._._,.. __. .- -_-___.._-_. _._-_ _ -_..._ ._-_.._-_--__ -- _....._t i I~ f: ~'^ / ~/ ~ 1 I I ~~ ,. _ _. __. _ _ i ~..~- -_ - 4 " ~y~ ~- 1 1 ~ I __ - -_ --___ -_ ~ ___-_ ._yl I I -} _ _ _ _. ________-._.____- _- ___ _. __ -__ _-_ ' - _-- ---- .-.- _ ~ ~ L ._.-___-_-'t _-.--.__-__ __-- ___ ___ _. _-. __ -_ ' ~ : George Ruther -Design Review Board ments.doc ~ Page 1 Design Review Board Comments -Mountain View 030106F RD =Resort Design fellow with moustache • SD -drainage at rear of site has never worked well. Hopefully this proposal will remedy that. Please make sure that this beautiful vision is also plausible. The courtyard must be viable year-round. Additionally, be wary of bringing "The Philadelphia Aesthetic" to a community where it might not work. • RB -building time and design that accounts for development costs of this project have been factored in to create a reasonable and fast timeline for the project. • SD -plaza is a design problem that needs character. • RD -shadow study will be done. • SD -when the shadow study is done, be sure to think about hardscape as well and not just landscaping. • RD -what will make the units viable is there length to and from the creek so that each unit maintains no less ambiance than another. • RB -can we get feedback on materials? RD - we are thinking of the roofing material that Lazier is using and a Gallegos stone, like the one that is used at VML. • LF -truly, no input is needed from the DRB on this issue at this time. You are clearly ahigh-quality developer that knows high-quality materials. • RD - we will return with • a landscape plan • 3D representations of the project • less of a townhouse feel • and an accurate survey with tree to be removed and replaced as well as plant names and varietals.