HomeMy WebLinkAboutBridge Street Lodge Unit 301TOWN OF VAIL
Office of the Town Attorney
75 South Frontage Road
Vail, Colorado 81657
970 - 479 - 2107 /Fax 970 - 479 -2157
July 14, 1998
0
Henry E. Fuldner, Esquire
Godfrey & Kahn, S.C.
780 North Water Street
Milwaukee, WI 53202 -3590
Re: Arnold Bissegger
Dear Mr. Fuldner:
I am writing to give you an update on the current status of Dr. Bissegger's request to transfer the
deed restriction requiring participation in the rental pool from Unit 301 to Unit 302.
The ordinance which created the Special Development District for theBridge Street Lodge contains
no restriction that would preclude the transfer of the deed restriction as requested.
The only issue remaining at this time is to determine whether Unit 302 is a "lock -off' or a stand
alone dwelling unit. We did not have that information in our file.
Attempts to contact the condominium association have been unsuccessful to date. If you can advise
us as to whether or not Unit 302 is a "lock -off' or stand alone unit that would help us move forward
to final resolution. I look forward to hearing from you.
Very tru yours,
R. Thomas Moorhead
Town Attorney
RTM /aw
xc: Dominic Mauriello
Brent Wilson
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CONDOMINIUM HOUSING UNIT
RESTRICTIVE RENTAL COVENANT
WHEREAS, Bridge Street Lodge Condominium Association, (the "Owner") is the owner of certain
property described as: Condominium Unit 301, Bridge Street Lodge according to the Condominium Map
recorded December 29, 1995 in Book 684 at Page 840 as Reception No. 580845 and as defined and
described in the Condominium Declaration for Bridge Street Lodge Condominiums recorded December 29,
1995 in Book 684 at Page 839 as Reception No. 580844, Subject to the Terms, Conditions, Obligations and
Restrictions as contained in said Condominium Declaration and Supplements thereto, County of Eagle, State
of Colorado, (the "Property "); and
WHEREAS, the Owner wishes to place certain restrictions as to the rental use of the Property for the
benefit of the Owner, the Bridge Street Lodge Condominium Association (the "Condominium Association ") and
the Town of Vail, Colorado (the "Town ").
NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, and declare for the
benefit of all persons who may hereinafter purchase, lease, rent, or hold the subject Property, the following
restrictions, covenants, and conditions, all of which shall be deemed to run with the Property and inure to the
benefit and be binding upon the Owner, the respective grantees, successors, and assigns.
The Property, containing approximately 768 square feet, shall be included in the short-term
rental program of the Bridge Street Lodge. Such rentals shall be at comparable market rates
at all times when the Property is not physically occupied by the Owner or Owner's guests.
Physically occupied means actual possession with the Owner or tenant dwelling in the
Property.
2. A violation of the Owner's rental restriction shall subject the Owner to a daily assessment rate
by the Condominium Association of three times a rate considered to be a reasonable daily
rental rate for the Property at the time of the violation, which assessment when paid shall be
a residential common assessment of the condominiums. The Condominium Association's
failure to enforce the Owner's rental restriction shall give the Town the right to enforce the
restriction by the assessment and the lien provided for hereunder. If the Town enforces the
restriction, the Town shall receive the funds collected as a result of such enforcement. In the
event litigation results from the enforcement of the restriction, as part of its reward to the
prevailing party, the court shall award such party its court costs together with reasonable
attorney's fees incurred. All sums assessed against the Owner for violation of the Owner's
rental restriction and unpaid shall constitute a lien for the benefit of the Condominium
Association and /or the Town on the Property, which lien shall be evidenced by written notice
placed of record in the Office of the Clerk and Recorder of Eagle County, Colorado, and
which may be collected by foreclosure, on Owner's condominium unit by the Condominium
Association or the Town in like manner as a mortgage or deed of trust on real property.
3. No later than February 1 of each year, the Owner of the subject Property shall submit two
copies of a report to the Community Development Department of the Town of Vail setting
forth evidence establishing that the Property has been physically occupied or available for
rental throughout the year, the rental rate, and number of days the Property has been rented.
The report shall be attested to by the Property Manager of the Condominium Association.
4. The provisions of these restrictive covenants shall be recorded in the Condominium
Declaration and may be enforced by the Owner, the Condominium Association or the Town.
5. Use of the Property as an Employee Housing Unit as defined by the Town shall not be
considered a violation of this restrictive rental covenant.
U
The conditions, restrictions, stipulations, and agreements contained herein shall not be
waived, abandoned, terminated, or amended except by the written consent of both the Town
of Vail and the Owner of the Property.
TOWN OF VAIL, a Colorado municipal corporation
By: l /'
Robert W. McLaurin, To anager
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this _L/��'day of March, 1996 by Robert W. McLaurin
in his capacity as Town Manager of the Town of Vail..
i
Notary Public i
Anne E. *Ight, Notary
My Commission expires: My Commission Expires Pubrc99
ge Poad
PROPERTY OWNER: BRIDGE STREET LODGE CONDOMINIUM ASSOCIATION
i
Y
' Rosslyn Valentine , Pr sident
R. H. Riley, Secretary
IJ
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this I day of Adafecfr 1996 by Rosslyn Valentine
in her capacity as stated above.
Anne E. Wright, Notary Public
My Commission 75 SFront Exp
e Road -1999
My Commission expires:
Notar Public
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE ) ac
The foregoing instrument was acknowledged before me this '<< day of March, 1996 by R. H. Riley in his
capacity as stated above. Anne E. Wright Notary Public
' My Commission Expires 6-17 -1999
75 S. Frontage Road
My Commission expires:
Notary/Public
F ABridgest. RRC
Printed by Brent Wilson 7/09/98 11:32am
From: Brent Wilson
To: Dominic Mauriello
Subject: Bridge Street Lodge
---------------------------------------
=== NOTE____ ____________________________
Total Units on Site:
14 du's (4 w/ lock -offs) and 2 a.u.'s
for a total of 15 d.u.
Deed - restricted Units:
#201, #204, #301, #304, #310, #401
#301 is one of the restricted
lock -offs, #302 is not. According to
the restrictive covenants for Unit
#301, transfer of the restrictions
would require the written consent of
TOV. However, there is nothing in the
SDD to preclude that.
Vu
- ? � -�Z
Dr. Bissenger owns 3 units, 2 of which
are deed- restricted ( #301 & #310). He
is attempting to transfer Units #301
and #308 to a QPRT. The SDD contains
no restrictions that would preclude the
transfer of the deed - restriction from
Dr. Bissinger's Unit #301 to his son's
Unit #302.
The only issue left to be resolved that
I see is whether Unit #302 is indeed a
"lock -off" or a stand alone d.u. We
don't have that info on file.
I tried calling the condo assoc. to
find out, but got no answer thus far.
I'll get an answer and let you know
asap.
Page: 1
Printed by Brent Wilson X 7/07/98 11:54am
From: Brent Wilson
To: Dominic Mauriello
Subject: Bridge Street Lodge Unit 301
---------------------------------------
== = NOTE____ ____________________________
I am forwarding an excerpt from this
SDD to your mailbox.
The letter requests the Town's approval
of a switch between two units (301 &
302) for the purposes of
mandatory short -term rental pooling.
The ordinance required that 2 d.u.'s, 2
"lock- offs," and 2 a.u.'s enter the
short -term rental pool. However, the
only units that were identified
specifically were units 201 & 401 - the
others were not specified.
Thus, as long as the required number of
units are pooled - switching #301 with
#302 shouldn't be a problem.
Brent
--------------------------- - - - - -- �s
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Page: 1
TOWN OF VAIL Y
.'J
Office of the Town Attorney
75 South Frontage Road
Vail, Colorado 81657
970 - 479 - 2107 /Fax 970 - 479 -2157
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MEMORANDUM
�o� y
c:,�
TO: Russell Forrest
FROM: R. Thomas Moorhead / e�
1
DATE: June 30, 1998
SUBJECT: Bridge Street Lodge Rental Requirements
Russ, attached is correspondence from an attorney representing Arnold Bissegger, who is the owner
of a unit in the Bridge Street Lodge. Dr. Bissegger is requesting the opportunity to transfer the rental
restriction on one of his units. This is explained in the correspondence.
After someone has an opportunity to review the Bridge Street Lodge file so that we can evaluate this
request, I look forward to discussing it. If you have any questions, please don't hesitate to contact
me.
RTM /aw
attachment
CAf mest —em
L ~ � RECYCLED PAPER
TOWN OF VAIL
FAX 970 - 479 -2452
MEMORANDUM
TO: R. Thomas Moorehead, Town Attorney
FROM: Brent Wilson, Planning Liaison Officer
DATE: July 24, 1998
RE: Bissegger Request to Transfer Rental Restriction
The only "stand alone" dwelling units that were specifically identified in the SDD for rental
pooling were Units #201 and #401. All other units (dwelling and accommodation) were not
specified - but a certain number of each type are required.
If Unit #302 is an equivalent dwelling unit to #301 as Dr. Bissegger reports, the requirements of
the SDD will have been met. I see no reason why the Town could not facilitate this request
through a written agreement.
Attached please find a copy of Unit #301's restrictive rental covenant.
4Va RECYCLEDPAPER
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TOWN OF VAIL
�41
O of the Town Attorney
75 South Frontage Road
Vail, Colorado 81657
970 - 479 - 2107 /Fax 970 - 479 -2157
MEMORANDUM
TO: V Brent Wilson
FROM: R. Thomas Moorhead, Town Attorney
DATE: July 23, 1998
RE: Bissegger Request to Transfer Rental Restriction
Brent, on July 22nd I received a message from Henry Fuldner in which he stated that Unit 302,
like Unit 301, is a stand alone unit.
Hopefully this information will enable us to move forward and make a final determination as to
their ability to transfer this restriction. Let me know what you think. Thanks.
RTM/aw
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TOWN
Office of the Town Attorney
75 South Frontage Road
Vail, Colorado 81657
970 - 479 - 2107 /Fax 970 - 479 -2157
June 30, 1998
Henry E. Fuldner, Esquire
Godfrey & Kahn, S.C.
780 North Water Street
Milwaukee, WI 53202 -3590
Re: Arnold Bissegger
Dear Mr. Fuldner:
Your request on behalf of Dr. Bissegger has been forwarded to our Community Development
Department for evaluation.
After they have evaluated the request I will be meeting with them and will promptly advise you of
what action will be necessary if it is possible to honor Dr. Bissegger's request. If you have any
questions or comments please feel free to give me a call.
Very truly yours,
R. Thomas Moorhead
Town Attorney
RTM /aw
xc: Russell Forrest I/
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�� RECYCLEDPAPER
Go dfrey
WKahfa
ATTORNEYS AT LANA
W
RE
CUED JUN 2 6 1998
GODFREY & KAHN, S.C.
780 NORTH WATER STREET
MILWAUKEE, W1 53202 -3590
TEL 414- 273 -3500
EAx 414 -273 -5198
June 25, 1998
BY FEDERAL EXPRESS
Mr. Tom Moorehead
75 South Frontage Road
Vail, Colorado 81657
RE: Arnold Bissegger
Dear Tom:
MILWAUKEE
APPLETON
GREEN BAN'
MADISON
OSHKOSH
As I explained in our telephone conversation of yesterday, our law firm represents
Arnold Bissegger. Presently, the ARNOLD BISSEGGER LIVING TRUST owns Units 301,
308 and 310 at Bridge Street Lodge in Vail. We have recommended to Dr. Bissegger in
connection with his estate planning that he transfer Units 301 and 308 to Qualified Personal
Residence Trusts ( "QRPT ") for his sons. Dr. Bissegger explained to me that while Unit 308
is used only for residential purposes, Unit 301 is required to be included in a rental pool
during periods when it is not owner occupied under requirements established when Bridge
Street Lodge was reconstructed as part of a special development district. We explained to
Dr. Bissegger that while Unit 308 could be transferred to a QPRT, the requirement to include
Unit 301 in a rental pool when not owner occupied would preclude its transfer to a QPRT
because it could not be classified as a personal residence.
As I explained, one of Dr. Bissegger's sons, Robert Bissegger, recently purchased Unit
302 in Bridge Street Lodge. It is our understanding that Unit 302 is very similar to Unit 301,
but it is not required to be included in the rental pool when not owner occupied. Accordingly,
we suggested to Dr. Bissegger that Unit 301 be removed from the requirement that it be
included in the rental pool when not owner occupied and that Unit 302 be substituted in its
place. It is my understanding from our telephone conversation that this exchange might be
possible, but it would require approval of the local government at some level, depending upon
exactly how the special development district requirements were structured. In any event, the
purpose of this letter is to formally request that Unit 301 Bridge Street Lodge be relieved of its
mandatory inclusion in the rental pool under the rules of the special development district and
that those requirements be transferred to Unit 302 Bridge Street Lodge. Please advise me of
whatever formal applications beyond this letter might be required.
GODFREN & KAHN 15 A MEMBER OF TERRALEX'D, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS.
0 0
Mr. Tom Moorehead
June 25, 1998
Page 2
I am also forwarding a copy of this letter to the Board of the Condominium Association
for Bridge Street Lodge so that the Board is aware of this request concerning the change of
status of two of the Bridge Street Lodge units.
If you or the Board have any questions concerning this matter, please do not hesitate to
contact me.
Very truly yours,
GODFh EY & KA , S.0
HEF:ec
cc: Dr. Arnold Bissegger
Board of Directors
1 �
4 He <Z E. F ldner
Bridge Street Lodge Condominium Association
MW2- 140119 -1
(WI 0
future Special Improvement District be created for this project.
1
3. That prior to the Town's issuance of a building permit for the redevelopment
project, Vail Associates, Inc., will dedicate open space to the Town. The minimum area of open
space shall be at least an equivalent area, to that of the area of the Tract E "overhang and deck"
easements. It was suggested by the PEC that the Mill Creek stream tract and /or the Pirate Ship
Park area of Tract E be dedicated as permanent open space.
4. That the Golden Peak House Condominium Association and Vail Associates,
Inc. dedicate to the Town of Vail, a public pedestrian easement, across Lot C, which is located
between the Golden Peak House and the Hill Building. The dedication of the easement shall
occur prior to the Town's issuance of a Building Permit for the project.
5. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the
redevelopment project, GPH Partners, Ltd. shall deed restrict two three - bedroom dwelling units
(Units 201 and 401) to be included in 44e�ald short -term rental program, at all
times when said dwelling units are not occupied by the owner or his guests.
6. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the
redevelopment project, GPH Partners, Ltd. shall deed restrict, th e6 two lock -offs in the
building (or equivalent), to be included in short -term rental program, at
all times when said lock -offs are not occupied by the owner or his or her guests.
7. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the
redevelopment project, GPH Partners, Ltd. shall deed restrict, the two accommodation units (or
o`
equivalent) in the building, to be included in - e short -term rental program,;
at all times when said accommodation units �re not occupied by the owner or his or her guests.
8. That the Golden Peak House Condominium Association, or their successors
in interest, shall participate in, and shall not protest or remonstrate against, any improvement
district(s) which may be established by the Town of Vail for the purposes of constructing
improvements as set forth in the Town of Vail Streetscape Master Plan and /or the Vail
Transportation Master Plan, if and when an improvement district(s) is formed.
9. That the pedestrian arcade (which was originally proposed over the first floor retail
windows on the north elevation), and that the original ground floor plan, which does not include
the curved retail windows along the eastern portion of the building, be reviewed by the Design
Review Board and included in the final building design, if required by the Design Review Board.
10. That GPH Partners, Ltd. further articulate the first floor "retail windows ", by adding
9
Ordinance No. 28,
Series of 1993