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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5B LOT A CREEKSIDE CONDOS COMMON ELEMENT PART 1 LEGAL.pdfVail, Colonado ATTN: Jim Cunnineham suBJEcT. Rosenq.uist/Switzer Building - Pennit No. FRoM na toylt,pF vAtL VAIL, COLORADO 816' 416-5613 pRag. rtlov. 23' 1970 rorof Thie is eonfirrnation of rny venbal statement to Your Supt. Dick Singe:r last week regarding the non-conformanee of the exterior balconies. fn acco:rdance with Sec. EEEEFf -of the llnifo:rrn Building Code "A.11 Ploons ' walls r and ceifi-ngs of exterior balconies shall have the sarne peniod of fine resistance as requir.ed fon the floons, wa1ls, and ceilings of the building. (This does not apply to baleonv nailings) ff the::e is funther. euestion please feel fnee to eall PTEASE REPLY TO _+ SIGNED th,/'"-6,,Offro-{ oRAYI'RC CO., INC., BROOKI:YN, N. Y. t t19{ DETACH THIS COPY_RETAIN FOR ANSWER. SEND WHITE AND PINK COPIES WITH CARBONS INTACT. LARSON ond DARBY inc.I33O EAST STATE STREET ROCKf ORD. ILrNOrS 6]108 ARCHITECTS ?> Mr. Ed Struble BuiIding 0fficial Town of Vail Box 63.| Vai'l , Col orado 8l Subject: Rosenquis Dear Mr Struble: 0ctober 27, 1970 657 RE: Permi t No. 87073N t-Swi tzer Bu'i 'l di ng Reference is made to your letter of 0ctober I5, 1970. The following replies are made to your items of concern: A. The firm of Larson and Darby, Inc. was not employed to do any mechanical or electrical enqineerinq. theiefore Rosenquist wi I I submi t these pl ans to you. - t,Je are informed by Mr. Rosenqu'ist that dedication of the property adjacent to this building to the east has been gompletgq - he will have possessi6n of 2/11 of this area.This will more than suffice to add the l extra parking space that you require. The lower level of this bui lding does not have its use or I ease determi ned. Therefore, one toi I et room wi th a Igugf-in to accommodate the second is being installed.If the occupancy appears to be require two toilet rooms,the second one will be installed. B. c. D. 0ne hour fi re res i s tant cons tructi on wj'l I be provi ded th roughou t. E. As determined by our meeting with the variance committee on 0ctober 22, 1970, second-exits will be provided as di scussed; namelV r a spi ral s tai rcase from' the pl aza level. up to the Switzer apartment balcony, which is the pent-house type apartment'on the south sjde ot the build-ing: This will make an exit avai'lab'le to the apartments on the f loor di recily be'low through a hal lway i h the area that.i.s.presently indicated as cl6set. Rungi will be provided on the wall for the use of the norihern most apartment. Thi s i nformati on has been transmi tted to TEtEPHoNE ar s/ses-ospr 1e Mr. Ed 0 ctober Page 2 strubl. a 27 , 1970 cunning!am construction_company and they are ordering materials to complete this instal latibn. F. Push bars will be provided on the exit doors as required by this section. G. The plan has been revised to conform to these reguirements. H. The bedrooms indicated have removed - there will be one open loft p'l us an owner's closet, plus a small Uaifi. I. Doors into the stair enclosure shall be one hour label and shall have self-closing devices. J- This area has been.changed.as indicated on the plans. There arenoaluminumandglaisdoorassemb]iesonthbjob K. The boiler room doors wil'l be self-closing and will have one hour I abel . L. The fireplace hearth has been revised. M. AI I exi t doors wi I I comply. Your request to submit an additional set of plans has been acknowledged. I left with you on Thursday a'comptete set of drawings with al I the chang-es indicated a'bove mai^ked in red.I trust that this information wi'n suf f ice and itrii ttrt 6uiiaing will continue without interruption. Please be informed that your reference to final permit to be i ssued i s i ncorrect i nasiruch as Mr. cunni ngtram h5i, .i n lii s possession, a final building permit for this enti16 3oU. If we can be of any further help, please do not hesitati to con-tact us. SND: rrk C: Mr. Rosenquist Mr. Swi tzer I ,)t 't -! I. TOWN OF VAIL . BOARD OP ZONING AND APPEALS MINUTES TOR SPECIAL MEETINE OF LOI22I7O Meeting CaLled to Onden - 9:20 A.M. a) Membens present: Messns. Clank, Hoyt, Knoxe Youngl and Stnuble (ex-officio) Membens abeent!' Mtr. l{elin b) Guests: l.lessra. Fi:re Chief Budh, Cunninghaml Abbottl Danby, Milbunnl and Rinker'.c) Minutes of neeting of- L0l8l70 wdne appnoved. Past Business Ir. a) None III . New Business 'a) Case B-12-70 ffie-Eoand considened the request fon vaniance neganding exits fon the Rosenquist Buil-ding. Mn. Danby, anchitect . nepresenting Mn. Rosenquist, pnoposed to the Boa:rd the installation of a spinal staircase between tees. It wae noted that the penthouse unit is non-confonning, but witl be acceotable and nemain as same when a lette:r is' n€ceived froln the owner who is going to use said unit aE . his private dwelIing. t' If the penthouse is even used fof any purpose othen than owndnrs private dwelling, the second :requi:red exit sha1l be installed.'r Said letten was submitted to Mn. Stnubl-e. In f-ight of a suggestion by Mr. Stnuble that a spi:ra1 staircase in lieu of i::on ' rungs on the wall be installed, a rnotion was made by Mn. Young and seconded by Mr. Hoyt to gnant a vaniance that said spinal staircase be installed as a second .exit fron the second and thind floo::s, of a mininun of ' 42rr in diameten. Details to be eubmitted to the Build-ing Official . The Boand consequently voted unanimoualy to grant said vaniance. Case 8-13-70 TFE-Toand considened the nequest for a va::iance neganding exits fon the Rosenouist/Switzer Buildine. Aften dis- cusslon ot tneffit ffiroiffi*r. noyr anq seconded by Mr. Young, to gi'ant a vaniance fon the in-stallation of a spinal staircase on the second fLoon and ' iron nungs fon the west side unit. Both ve:rbal and wnitten notification shaLl be given by the building owner of the location of the fine escape route to all unit ownena, occupants, olr any usen at any time. It wae decided.to table the penthouse one-exit eituation until, euch time ae Mr. Stnuile and M::. Danby work out a ,-;o mutualLy acceptable modification. Details to be sub-nitted to the Building OfficiaL. The Board consequently voted unanimously to gnant said vaniance under the above nentioned conditions. Case 8-14-70 ffi'ilffiiEnsidened the request for a variance negand-ing exits fon Val-haLla West Condominium. Aften discue- sion of the natten, it was motioned by Mn. Young and Beconded by M:r. Hoyt to gnant a vaniance fon the in-stall-ation of a metal ladden, encLosed by a conforning wall, which will give each occupant of each unit an emengency exit. Both venbal and wr:itten notification shall be given by the building o!.rner of the location of the fire escape route to all unit owne:lis r occupants r or any user at any time. Access fnon the ladden at the second floor to the ground Level wiLl be mutually agneed ; on by Mr. Stnuble and Mr. Cunningham. Details shall be submitted to the Building Official . The Boand conse- quently voted unanimously to gnant said vaniance under the above nentioned conditions. b) Case B-1.5-70 ffinsidened the request fo:: vaniance negarding exits fon the Lodge at LionsHead. Aften discussion of the matten, it was rnotioned by Mn. Hoyt and seconded by' Mn.'Young to grant a vaniance that thene, shall be the installation of an open steel ladden of a mininurn width of L2rt to L6'r. Both venbal and wnitten notification shall be given by the building o$tner of the location of the fine escape route to all unit ownera r occuPants r or any user at any tine. The Boand consequently voted u- nanimously to gnant said variance. Mr. Milbur:n, anchi-' tect nepnesenting Mn. Abbott, will submit to Mn. Sh:uble a detailed plan of'the laddens as to construction and width. Case 8-15-70 ffie-Boancl-ffien considred the request fon variance re- gar.ding wet standpipes fon the Lodge at LionsHead. Mn. Abbott made a suggestion of substituting fine extinguish- e:rs fon the thnee needed standpipes. ft was necommended that the Boa:nd table the wet standpipe decision until 3:00 P.M. 1 the same afternoonr at which tine Fine Chief Bush will have had the tine to Look at the actual build-.ing and come to a decision. The Boand necessed at 1.2:30 P.M. The Boand was called to onden by Chainman Knox, at 3:10 P.M. Fi:re Chief Bush etated that firom the etand- point of life and pnope:!'ty Protection and fon all pnac- , tical puriposee r the Lodge at LioneHead ie a foun-story building.- Fine Chief Bueh noted a tiure-eaving element in having standpipes. Fire Chief Bush suggested a cen-tral alanm system signaling the custodianrs office. Fine Chief Bush stated that this systen is acceptable but, in no wayl an equal substitute fon wet standpipes. Mn. Abbott noted that thene would be no night custodian'' at the lodge during the finst phase. It was motioned by Mr. Young to gnant such vaniance of installation of ' a central alarrn system that will be openable in the manage:rrs offic6 and that such system be acceptable to Fire Chief Bush before instatlation. The notion !.tas seeonded by Mn. Hoyt, stating that he knows of no ex-. ception to this section of the UBC, whene an auchitect ovenlooked a similan matterr and does absoLutely not take any exception to the installation of wet standpipea in the Lodge at LioneHead. The Boand consequently voted unanimougly to gnant said vaniBrlc€r Mn. Abbott will ask for: anothen reconmendation fnom the Board if he finds the inetall,ation of the centnal a1arm system . unacceptable. IV. 0then Businese v. a) None Adjou:rnnent a) Therre being no furthen bueineeel at 4:20 P;M. . the Boa:rd adJourned TOWN OT VAIL tt Ed Stnublel Secnetany (Ex-Officio) /ah rl $ II. T0I/1N 0F VAIL BOARD 0F ZONrNG, App:ALS AI,iD EXAMINERS I{INUTES FOR I"IEETING OF OCTOtsER 21, 1971 Meet'.ng Cal1ed to Orier A. The neeting was cal-led to order at 9:2S a.m. in the new l{unicipal Building B . The f ollowing ri,eilEers were present : Mes srs . Clark , Knox ,Hoyt , V.iele , Young, and Struble ( ex-of f ici_o) .C. The foll-owing guests were present: Messrs. Arthur Bishop,Bili Bishop, Gondon Pierce representing Mn. and Mrs. nicfri Donald Chaplin of the Mountain Haus; Terrence p. Cowhey;Chuck Ogilby of Apotlo Park; Evan BickelL of F::ederic bene-oict and Associates repnesenting the Kiandna Lodge; Ter.ny Dragoo of Rogens, Nagel , Langhant and Mr. Ross Davis lrepre-sentirg rhe Lodge Associates.D. Minutes of the meeting of september 17 wer"e deferred until the next meeting due to the long agenda. Past Bus ines s A. Case B-1 -71 - The Mountain Haus - Mn. Don Chaplin appeared to represent this case which has been pending since February.Mr. Chaplin feeLs thene arc thncc o1>t,i_ons open .l,o |hc Moun- L"r.i.n llaus: i'ire cscapcej on the outside of the building,which he feels would architecturalty disfigure it; p.iiition sections to make the stainways smokepnoof encLosur"es; on door closers. They have tnied several types of cl_osers,but none have worked wel_1. Builders Service Buneau has given them much infonmation and they are going to try another type of device. Would l_ike to keep their costs down, but want to please the Board. M::. Clark recomrnended that we give them the three altennatives to choose amonq and that they be given a time limit, M::. Chaptin stated that they would have one crosen instarled this'week and if it worki,he will orde:r them night now. Mn. st:ruble then stated that he would not sign a permanent certificate of occupancy. :rt must be a letten which wilr state alf of the facts thar didntt meet code. rt will be a provisional occupancy permit.A motion was made by Mr:. Knox that the Mountain Aaus- choose one of the three altennatives and that the pnoject be com-pleted by Decembe:: 1 and conpleted to the acceptance of the Burldrng Official . III. New Business Case Z-11-7I - Request for setback variance of 4 r in lieu of I0t - Mn. Arthur Bishop, Mn. BilI Bishop and Mr. Gondon Pierce appeaned to repnesent the interests of the Richts and Mr. Fitzhugh Scott. Mr. Pience stated that they need a set-back on two corners because of the stnange shape of the .lot.These lots wene or"ginally designed for residences and now commercial buildings are being built and it is a pnoblem to set the larger buildings on the odd shaped 1ots. He further explained that the building was originally designed with a scissor: stain which wourd not meet the Uniform Building Page 2 Minutes for Meeting of October 21, 1971 Boand of Zoning, Appeals and Exaniners Code. This necessitated adding two exits ort the corners and that is the only thing 'chat made the setback variance necessany. If they do not get rhe variance, it wil] be necessany to completely redesign the proposed building. He feels that the building is very much in,scale with the surrounding buildings. The Bishops, who are the adjoining pnoperty owners on the west stated their feelings as follows:This is a violation, but is a practical type of thing and should be considered as an exception. They have no objection to the bui-lding as it is designed as there is adequate space to get fire equipment through and also to prevent fi:re f::om jumping from one building to another. The Boa::d feel-s that the obSectors are objecting to the building rather than to the setback because of loss of view. A motion was made by Mn. Young that the variance be granted. The motion was connnrlazl hrr N -r ,1r. Knox and approved unanimously by the boand. B. Case B-1 9-71 - Tenrence P. Cowhey - Request for: building variance fon an al-ternative method of exit from a sleeping noon. Mn, Cowhey stated that evenyone concerned through the planning and building thought that they were meeting the Code. The A::chitect stated his opinion and had no written notice f::om the Building Departnerit whether. this was satis-factory. Du:ring this period, Ed was on vacation. The fabr:i-cator spoke to Dick and until the 10th of this month, he was under the impnession that the problem had been resolved The wa1l in question is glass and the ventilation is pnovided near the ceiling. They have not tried to evade any of the probiems, and the mater.ial is already fabricated. The aethetics of the building prohibit windows or doors and the fabrication is such that they cannoJ be added now. Mr. Hoyt made a motion that an inte::ior" door be placed in the masten bedroom between the two uooms for. exit. The motion was seconded by Mr. Viele and approved unanimously.by the Board. Case Z-l-3-71 - James Slevin - Request for setback varlance of 5 t on the no:rtheast side in lieu of 10 | in order to presenve tnees and lot contouns. A rnotion was made by Mn. Hoyt that.we gnant the setback variance. The motion was seconded by Mn. Young and appnoved unanimously by the Board. Case B-17-7L - ApoIlo Park request for building variance to .illow less than the recluired open waII space fon natural 1j gh't arrd ventif ation -The apartments that contain the wa}l in question were not originally designed that way. They talked with Ed about changing the wal1s and at that time found out that they would have to build a r^tindow in the wall.' They thought they had met the requirement but thene was a misunderstanding and the window was built to the wrong size and the window is about 12 square feet too sma11. A rnotion was made by Mr. Viele that the vaniance be gnanted since thene is no safety haza:rd involved. The motion was seconded by Mn. loung, and appnoved unanimously by the Boar.d. 7 /' t' ?age J ' Minutes for l4eeting o of ,.. 0ctober 2I , l-97L tsoand of Zoning, Appeals and Examiners F Case ts-I8 -7I - Reques'c ior building variance to allow a or../-r'<1r > Ld.rlwo.y to serve a 1of t area larger than 12 0 square feet - Mn. Evan Bickell presented the facts in the case,The stains ane not actually spiral.stairs, but only in two places <io rhey acrually vrind. It also appears that Ed had miscalculated the Ioft area, as it was not drawn to scale properly. A motion was made by Mr. Viele that the variance be granted with the stipulation that in the places where stair spirals it be boxeci in on rhe corners so that rninimurn tread width is approximately 6'r. The rnotion was seconded by Mn. Knox and approved unanimously by the Board. Benedictrs Office will submit a drawing showing what they propose to do. Case B-15-7)- - Request for building vaniance to aIlow a 36tt handrail to match existing in lieu of 42r' required - A motion was made by Mr. Knox that the variance be granted and was seconded by Mr. Young and approved unanimously by the Boa::d. (Request made by Eugene Fner:ichs and Monie Fnerichs)., Case B-14 -7i- - Charles Rosenquist - Request for building variance to aLlow handrails to be funthen apar^t than 8I't -A decision i^las defenned on this case so that Mr. Rosenquist can submit an alternative method. He will have to comply with the Code nequinement unless he does submit this alter-native method. H. Case Z-I2-7I - Lodge Prope::ties, Inc. - Request for Zoning va::iance to allow no setback on the South property line at one point and 5tsetback along that side of the building.Mr. Te:r::y Dnagoo of RNL, Inc. and M::. Ross Davis appeared to present their case. They presented drawings of the pno- posed building to the Board and explained that they will need this variance if Vail Associates will not agtlee to an ex-tension of addition into the rean yard setback up to the south propenty 1ine. .A motion was made by Mr. Knox that the variance be granted subject to pe::mission not being gnanted fon the other by Vail Associates. The motion was seconded by Mr". Hoyt and approved unanimously by the Board.. I. Case B-1 6-7L - Lodge Pnopenties, Inc. - Request for building variance to al1ow five story building with first floor of Type I construction ( 3 hour) and put four fl_oors of Type IfI construction (one hour). Code does not clearly define a parking stnuctune with other types of constnuction above.' They would pnovide three smokepnoof enclosures for safety and will put in a wet and dry standpipe systems. They vJil1 also agree to pr.ovide a two hour separation between units nathen than one hour: as ::equi:red by Code. Would do a fou:r houn fir"e waII to divide building into two segments. A motion was made by Mr.. Hoyt to grant the variance. The motion was seconded by M:r. Knox and appnoved unanimously by the Boarci. P G. 1v Villiam H. Barrick Mllium C. Ja"[so" Peie.r S. Swilzer Joseph L.long Robert R. Civinelli L.{\^/ OFFICES BARRICK, JACKSON, S\,,r'ITZER & LONG ROCKFORD, ILLINOIS 6TIOT 6tl lllinois Nctional BanL Build\g 22S South t[.io Stre"t .4rea Code 815 Telcphone 962-66fi October 20, 1970 Mr. Ed Struble Building official Town of VaiI Vail, Colorado Re: Rosenguist - Switzer Penthouse Apartment Dear Mr. Struble: This letter is notice to you pursuant to your reguest in connect.ion with Rosenquist I and the penthouse in Rosen-quist I. As owner of the penthouse in Rosenquist - Switzer,I consider it to be a single tenancy property and would anti-cipate that. the exit requirements are satisfied by a private stairway. I understand there may be some problem regarding non-conformity of this penthouse unit; understand the hazard in- volved. in not constructinq additional stairwav exists and accept both the possible non-conformity and the hazard involved. PSS: IN .GlR &o.- f,'.,'^' k The Town of VAIL, Colorado ;'(\,,4-., %;rrdt 1'crcphonc Colorado .81657 303 475 - 5613 T0: Gasthof Gramshammen ATTN: Pepi Gr"amshammer.P.0. Box 506 Vai1, CoLorado 81,657 Mn. Robent Lazien P.0. Box 627 Vail , Colonado 81657 The Lodge at Vail ATTN: Ross Davis P.0. Box 187 Vail, Colonado 81657 Pension Isabel ATTN: Manf:red Schoben P.O. Box 735 Vail , Colo:rado 8l-6 5 7 Octobe:r L6 , Lg 70 Sitzmank Lodge ATTN: Kaiser Moncus P.O. Box 607 Vail, Colonado 8l-6 57 Vail Associates, Inc. ATTN: Robent H. Nott P.O. Box 7 Vail , Colorado 8L657 /2230 First National Bank Building /Denve:r, Colonado P1ease be infonmed that the ownens of the following buildings have made application for vaniance to Section 3302(a) of the Uniform Building Code which::equi:res tl^7o (2) exits fon each unit in a building more than two (2) sto::ies in height::egandless of con- stnuction or: occupancy: Lodge at Lionshead - at LionsHead Valhalla West - at LionsHead Rosenquist Building - on Gore Cneek D:rive, downtown Rosenquist/Switzen Building - on Gone Cneek Drive, downtown The Board of Appeals will meet to hean the above cases on October 22, 1970, at 9:00 A.M. in the Town of Vail offices. You are welcome to attend or: give written notice as to your feelings concenning the above. TOWN OF VAIL Tennell J Town Mana /ah o Lanson and Danby fnc. Archltaots 1330 State Street . Rockford, fllinois Rf,: Parnl.t Ho. S7079H Octobor X5, 1970 I SUBJECT: Roarnquist/Swltzcr Bdtlding Centlenen Plans for the rbovc Frrrject havc becn revLcncd ad th;followlng ltcne rnust be oonrrcctcd. upon coupletton aad app:roval of cornactlons., a flnal perrnlt wlll bc Lasucd. - A) Subnlt pcahanieal and electnical plans. B) Art. f f , Sce. 5(b) , Ond. l{o. 7 ( 1969 )' nfi ;lCe i-'(1 J j*iffi l'n};pf 619; *:r64gii;A . C) Sce. 11og 6-T6lleta fon conroercial or rental ancae.fnterlor shall conolv ulth See. 171,1 . D) -<ec.2001 m;I€T- f lre - ne s i s t ant con r tnu otl.on throughout . '-Exanplee of non-eonfonrnltv "datalla 417 and ll7" 3/8" plywood soff,lts. See detall 11/7 also. !) r) . c) !gg.:_330l(i) - 1\ro (2) rxlts for all Sce.3t03(e) unltq., ffifi "aitffs*fron :retrll rtorct aha}l. eoraplrr. Sce.3303(d) lt6rt*6il-EFiirmd Floor Plqlr at eouth ctain sh'bll bo rldiciEned so that they aving fnoe anrl clean of each other. llubnlt retlcaigti for approvnl ? Ros enqui et./ Sultsen Buildlng October 15, 1970 Page 2 H) Sec. 3305(a)SFl?eITtTfii and laddere only vhcn thef aertre on€(2) bedroons and bath fn conforrning. L) Sac.3321(a) hour . to lofts rl11 bG Stlorca !oon. sptn*i ctaln to trro north and unlt Le non- J) See.3308(o) "i noons Tnto-tair enclosunq shall bc self,-eloaln8, one (1) hour labcl - s€e table 33-8. ':t() Sec.3308(c)mffi-gffi-ll-e no oDeninps into exit eneloBunas except exlt doo:rrraye. Iloor (ll) to noon at trendlng of seeond floon not allowed. Ahnairrue and glass doo:' aesembllea not alloued ln exlt r4cloru:r.es aB you show at'eouth stalrt on lower and gnound floor plana. Sec ften J above' 6FE*o*n-doona labal - 6ee ii,l.r) Sec.370q(i) Fineplace hear:ths ahell - oach elde thnn ofcnlng faee. N) Sec. 5406 Etl-ExiF-doors shall appnoval . shal1 be self-closing, on€,(1) table.33-8. bc at leagt 12" wLde:r en and pnoJect 18'' firop flnlsh conply. Subnlt gehadulc fon -: Slnar two (2) eets of plans are nequired for plan chcck and I onl1r r:eeelved one (1), please eubnlt one (1) norc aet of plans. Upon lssuanee of your final perurlt, one Eet of plarr w{U ba neturrncd anC rr.*l'i nust bc kept on the Job. Rerpcctfully, ': . TOTtil Or VA]L Ed Stnrble, . .Bulldlng Official fS/ah .."1 7,t lie Tcwn n-t t{of Vr'IL, Coloraio &'**"%v\3 - o'.'-z\ /:F \ \-,/ j\9^ v ,iV "4,"tprgst llox (r3i . Va.il,Coloracio 303 475 31o57 folJ October L3, 1970 Re: Pg3ni1 }le. 57052N and Penmit No. 87073N nespectively M:r. Charles Rosenouist The Val'halla V].J.J.A F U VaiIr Colorado Subject! Rosenquist Building and Rosenquist/Switzer Building GentLemen: You have p:reviously been notified that the above subject building does not conform with the requirements of Chapter 33 of tXe Uniforrn Building Code, which requires two (2) separate exits fon each unit in the building. In acco:rdance witn Cnaptens 2 and 3 of the UBC, enfo::cement of this re- quireme.nt shatl be maintained by the Town of Vail. Please notify this office in wniting within th:ree (3) days of:receipt ol ttis letter, of your intent to comply.- If wo:rd is not received on unwiJ.lingness to comply is.^shownt we wiLl have no lecourse but to issue a rtstop Wo:rkrr onder on the above subjeet job. THE TOWN OF VAIL RespectfuJ.J-y, fu <h,!,4 Ed Struble tsuilding Officia- I I r.*,it No: g7 o7 3 N PLAN CHECK LIST rl auitaing P.ogesqu t=z / Su trze< o^1" 6 47- to, /?7o 1. Use Zone CC 2. Occupancy Gnou F-r , & s-Z (m,u, t H2. Jepae*r-4 3. Ave:rage Gnade Nor sHoWd t+.Height of Building 44!-o" ! 5. No. of Stonies Pou P 6. Type of Constnuction TVPE -rTT I hr- " f - t J 7. Lot Area 8. Floon Anea 16, 552- s'r. lo, 194 s,F, 9. Floon Anea Ratio ,62 '. 7 .-i 10. Setbacke Reouined: Fnont 1e-.o Side tol- o-Re l-I. Occuoant Load H =3t F | ' /b F 2, 478 7Or.4L . 5L5 I ar lO-O 14. Conpliance With: ,Occupaney Gnoup Fl 4 C Occupancy Sec 5., Type constnuction ' Exits Sec 33 Genrl Engng Sec 23 Masonny Sec 24 Wood Sec 25 Conct'ete Sec 26. Steel Sec 2? Ex., Fdtns. r € Ret Walls Sec 28 t Veneen Sec'29 i-o t: I Encl. Vent. Openinge Sec. 30 Floon Const. Sec. .31 Roof Conet. Sec. 32 " SkylightE Seci 3l+ Balconies Sec. 35 ' PenthouEee Sec. 36 Fineplaces Sec. 37 Pine Syetene Sec. 38 Stages Sec. 39 Fine Pnotection Sec. 42 Fine Standande Sec. 43 Publ-ic PnotectionE Sec. 44 Dnywall 6 Plaster See. 47' Pne-Fabricated Conet; Sebi'50 PlaeticE Sec. 52 Glaae 8 Glazlng 8Go., *f' t '..." * September 4, 1970 Mr. Charles H' Rosenquis n.r.nq"i"t & Associates' F'ealtors 975 North Main Street *"lt?"ia, rllinois 6lro5 ._rr rr lir . Ros{'nqui st : P,eference is rnade to that certarn Short Term Ground Lease and optior, ao ",'itil"""I"t"a 'r''ry io' rg7o' by-and between Vail Associates,'i;;" Lessor' =td-ihttles H' Rosenqurst' Lessee. said ao"t^"tl covers.Iu-1i piop"ttv located in a part of rract A, -;i;; ii'-v"i'r -viri"sl First Filing' counti' tt eagte, state o?'Eli"t"io' and i;^;;;t-c-mmonrv referred to as the Rosenquist II Parcel' Paragraph one (I) of saio qo"Y:tt provides for termination at 12:00 Noon o"'ti'" 31st day of De;ember' 1970' You are hereby advised thii said ptt"nttpil=i!"t""ai-ried to the extent that the t"t^"'-iio"-Jult" i" r',t"ti'n r' r97l' Alr other terms ."1-.""aitions remain the same lf the foregoing is acceptable-to you' plea""-"?'indicate by si.gnin9 ana aating"tnt-ti"rosed ;"i't-it'this letter and re- turn it to us tt"io"i-"arliest convenience' ' very truly Yours ' a^a.-cl,ofrc,r' itt"'c-t " .'' It *..l ** ""lio VAIL ASSOCIATES, .,.ccePted this day of : I - Real Estate , 1970. cc: Slifer and Co' .RFA CODE 3O3 J. Allison, Tom Srtanson BOX 7. vAlL. coLoRADO 41657 , Christian a76-5601 ' Robert H- Nott Vice President n6GEnquist 1'r : Ll r1:l '.erc h ?0 I,,a;;..'e1l R. Barz of the County of Eag 1e of the second part: WITNESSETII, That the said party of the first part, for and in consideration of the gum of FIFTY FOUR THOUSAND EIGHT HUNDRED THIRTY EIGHT (954,838.00) DOLLARS, to the eaid party of the first part in hand paid by the said part i e s of the second part, the receipt whereof is here- by confessed and ackno*'ledged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bar- gain, sell, convey and confirm unto the said part ies of the second part, their heirs, and assigns for- ever, all of the following described lot or patcel of land, situate, lying and being in the County of Eag 1e and State of Colorado, to wit: SEE EXHTBIT A ATTACHED HERETO AND MADE A PART HEREOF TOGETEER with all and singuler the bereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the revereion or reversions, remainders, rents, issues and profits thereof; and all the estate, right title, int€rest, claim and demand wlatsoever of the said party of the firat part, either in law or equity, of, in and to the above bargained premises with the hereditanerte aad appurtenances. TO EAVE AND TO HOLD the said premiser above bergeined and dercribed, with the appurtenances unto the said part i€s of the secon<l part their heirs and aesigns forever. And the eaid VAIL ASSOCIATES, INC.party of the first part, for itself, and its cuccessors, doth covenant, grant, bargain, and agree to and with the said part ies of the second part,their heirs and assigns, that at the time of the ensealing and delivery of thege presents it ig well seized of the premises above conveyed, as of a good, sure, perfect, absolute aad inilefeasible est8te of iuheritance, in lew, ia fee simple, and hath good right, full power and lawful authority to 8rant, bargain, sell and convey tbe eame il mamer and form aforesaid, and that the same are free and clear from all former and other grants, bargainr, sales, liens, t8xes, assessments end incumbrancee of whatever kind or nature Boever; except genefal taxes for 1971 due and payable in 1972, assessments for special improvements, easements of record, covenants, conditions and re-strictions of record, including the protective covenants for VaiL Village First Filing, Eagle County, Colorado. aud the above bargained premises in the quiet and peaceable possession of tlre eeid part ies of the eecond part their heirs and assigns, against all and every p€r8oD or persons lawfully claiming or to claim the whole :eof^ the said oartv of the first nart shell and will WARRANT AND FORDVER DEFEND.part or any part thereof. the said party Ilt WIT.ltqiS iVUBnBOf', Tbe said part5r ol the first part hath caused its cor?orate rame to be hereunto sutscriiJ t-r.it"'.lli:,ce -President, and. its corporate seal to be hereunto affired, attesteat by its aggigg6n Seereiary. thd davrlnd vear first ebove witt€n. v-AIL...ASSOCIAAES.,....tNC..--.--.--....--.......-- Turs Drro, Made this 27:-'h day of March 197i., betweer VAIL ASSOCIATES, INC. a oorporation duly organized and existing under and by virtue of the laws of the State of Coforado of the fint part, and CHARLES H. ROSENQUTST and PETER S. SWITZER as Tenants i"n Common and State of JO Secrctrry. was acknowledged before ne thig 27|-}1 H. NOTT fi urr-,r,s AfsocrATES, rNc. Recorder's Stamp rr4n 00fiHlilnttt IIt MAR 30 P!..ldclL day of March aB Vi ce Pregident guil FB AS s i S tant Secretary of . a corporetion. Not tt Publlc. ,i - My notarial commission expires lf-tasrhstou rnhu tft l[ lf$ --j.t!!.:.r -..'Witness my hand and official se8l. No. 408. wjtBRrtNfY DEED-{orrrorrtlon.-Bn(Uord Publbhhg Co., 1t2}t! Stout Strr.4 D.DvGr, Cotondo-t-?l SHOFf TERII GRoUND LEASB.nd oP?ION TO PUBclrAsE THrs LEASE AltD opTroN, raile and entcroal into .! of tt,i. 20 a"y of iIUIY .. b€+ueen-vAfL fl$socIITES. INC.,.! C_olorldo corporltioD of vriI, Coiorado, her.in!lter callell L.ttor. trfd UnarIeSH.KoSenL,h€r.in!f!erc!1I.dLc..G.t re-]!. >y .,,a WrTNESSgtll t the L..ror i. th? o\rn.r of th. follol,ing deicribcd rcal lega1 description attached hereto 'j th. County ol E!91., rnd 8t.t.ProP.rty IN }'HE REAS, Color.do, to-vit r (See ot as Exhibit A) thich r.al property ia hcrcinlftar rcfar!.d to.a tha "prcmisca", lnd WHEREAS, th" Lellec ilo.ire! to construct . building thcr.on. NOw mEREFoRE, in conlidleration of thc proiiaea of tb. p!rtie., .nd tha nutull cov.nrnt. harelnrft.r ..t forth. it ir agreaA aa fol lc'trl r .?--.i -- f- g!4[!. LetAor atoes ]e.i. t]e preni.er to Lclrc. for -!-t.rn cor|vi.nclng.t l2tOO noon on thG- --49- d.y ot .'tUly , re_f!, ana terminating it tl,oo roon on th. 31 ary ot Dgcembe! . tl_flli-untcr. oth.r- t tr.-;;t..d.d ". p.oviEE for in plr.gra1lh 3.4.1, 2. OBLIGATIONS OF LESSOR. 2,1 Lellor covenants thlt Lrasec, conditionad upon Letsae'! p€rfonEnce aDd obaervlnca gf tha covrnanta and lgr.Ghents her.in cont!i.ned, 8b.Il, h.vc th. quie! and peaceful poss6.sion of th. prltniser durlng tha terlt' of thit lCaaa. 2.2 Le.!or, rt Le..or'. exp.n!., sh.ll at"livcr to LeBree ai l,..rt lO at.ya prior to the ?xccutlon of tbla Ler.e rnd Option by Lcaro!, . titte conunith.nt gf r rcputrbl! titl. in.u$nc. conplny rhoving titl. to ba h.rchrntrbla ir| Le.agr axcept for r 2.2-L lian of first mortgage to Denv.r Unitad St.tea NatLonal, Eanh. Trurtea, undar t ti,lortgage ind Trult Agrecnent dat.d .. of Septenb.r 15, 19641 Le..or .ball c.u.. .uch lian tg b. raler3ed upon ex.cution of thi! Le!6c rnd Option, 2.2.2 geher.l trxes for the ye.r iD vhich tbi. L.r.e anat Optlon i. er(ecut.d, plylblc Jnnuary I of th. tolloYing ycrrt 2.2,3 earerrents. :ertcicti<ina and covennntr of record. 3.3'1 -T#-**?'$5?TtiBlbf" t$t:."bT'5e"r'"T"q".' fU.1* ;:":iil'l: :1."i:il;,:;'-:::.::'chlaa of the premise :. r. r s 10 , SOO.T0- in iairrJr llitrtica funds, lhe rGceipt of wh ich ir her.by ' .cknor,ledgcd by Leasor (should Le!3or decline to .xecute thir Leasr and Option, Lelior .ball inuredi!tely return.aid amount tf ,/I,esf--t.3,r.2 the ba).anc., ,.,', , JT0t. O0 , -in-calh or c.rt-if ied fund.,.rr!FpFi--.o+rr-thiS inStt'umenl 6.ccat.i!|rcd.tlri.:a-tee=rr+op'eio@{a7ithin90davsofthedateofexecutionof,/ 3.2 Taxes aDal Othe! Charqe6. caneral taxe!.for the ycar in wf,ich thia Lease and option ir cxecutcd, ply- able atanuary I of the fol,Iouing year, shall be apportioDad between Lelaor 6nd L€6aoe to the dst. of. ?xccution of thi! Leaa€ lnd option. Thereafter Lcssee lhEll pay !l! tlxcs. laaeaBmentr, and any other public cb.rgca levieal or a33c3aad by the f€derll, state or local govelnrtl.ntr upon thj,a leaBe, the prehiEar, and any ihprovemeDts arectaal tharcon and thrll at aII timea a.ve Leaaor h.nnle.r flon tbe pal4neDt thereof, Lelree .h!ll pay .ny otbGr clal'n! or de nd. ch.rg..bl. againat the lbov€-deacribad premiaea or thc uae or occuprncy thereof and rhr11 at all litnag save lhe L€taor hlrnl?al from th. prynent lbe4of 3.2.I Nothing in this lea3e Bhall, be construed so !a to prev.nt th. Lelree from conte.ting. rt it. crun expenae, lny lien, claim or chalge of any klDa with reglld to the premise! or any 'irqrrovancnta thcraon. Lesaor r.y! at ita .l.ction, requile Le..€e to furnish r€.aon.ble 3ecurity lor thc pltdncnt of lny liabillty, co3t or expanr. rallrlt- ing fron ruch contea t. 3.3 Use of Premiae!. It is the intent of L?6see to usa the prelniscr for the follovinq pulgorer:the-const.ructionandoperationof .commerqialof f ice$-4ndf acilities ,YB*Sh"f;hu3t"?t Bt€*tsEtfgrB*gEL "BRlAggbtf;"€"f,t1?"8691"f,88t1 'bF"t€f;.9r"f,F?B+B;rousing facility shall be permitted on the premrses. DuFing the term o? tbis Lea.e, Les3ae shrll uac the ploperty exclusively for tbe rbove-d.scribed purpo!.r. Lassaa yil,I confotu to and oblerve all oEdinlnce6, rul.! .nd regul.tion. uhich hava been or mly ba rdoptaal by the Stata, County or loc.t luthoriti"! relating to tbe uae o! m.intenanc€ of thc prehisa! rnd will not durlng tha lelta terrn parrni.t tha arba to bc u!.d for loy ill.gal or irunora I purporcat bu3ineqsea or occupltiona. 3.4 Conatruction of Bulltti.nq. Lela.t !hr1l lmrnedi.ltaly coNnence the conttruction of ! building in ac- cordaDce vrith thc pl!nt and agecifications .pproved by lb. Vril P1.nnin9 and Archltecturrl Control Co|r|rnitte. !Dd .h!ll compl€t. thc sanc on gr b.fore the expiration of. the term of thi. Iea!.. 3.4.1, Shoulil Letsee be delay.d in tb. prorecution or cohplcti.oD of thc vork by th. .ct or ncalig.ncr of Lerror, or by any delly cauc€dl by f.Lte, wa!. i,nclehent e.athcr, or olber casualty, for uhl,ch L€IrGG ia not reaponllbl". or by cofi&ined .ction or .trike of irolk nen in no wisc cluc.d by or r.rultlng fro,n dcf,rult or collusion on th. p.rt ot thr Leraaa, ita agent!. contr.ctota, or amploye.t, tben tha tiloa fix.d harain for tha cohplation of tha t,ork and tha t.rr ot thir 1.r.. lhall be extended for . p.llod .quiv.lcnt to th. tin lo.t by r.a.on o! .ny .nd rll eru.Gr for .uch dalay, rbici extend.d p€riod rh.Il b. fix.d snal d.t.rmin.d by th. Vril Pl.nning .nd ArchitGctu?al Control Coruiltt.... Lar.. rh.Il prodptly notlfy Le6soa ih vritlng of th. f!ct. rcl.ting to rny c.ur. ybicb n y !..ult Ln d.lay 9r f.llur. tg cmgl.tr tbc worl rr requirc4. o 3.5 Ig:!3!Sg. Lessee rh.ll during the Leare t.rn procurr and therc.fter h!int.in sdequ.te in6urlnce on tbc buildj,ng lglinst lor. oi d"."g. by fir. under poticie6 of inluranc. comp8nies 6atiEflctory to Lesaor in luch llnountt o" ^.y r"p.i."r,t the fully ineuraile value of the builating. LegBee !h.1!, !t its sole coit .nd exPensa, na intr Ln Ltr forc' a.rrini ttre t'rtn of thit liaec a poricy or policies of comPrebenrive gen'ra1 riabiritt' iDaur'nce covering tlir Lrs8or 'D'l LeB... vith rc6p.ct to the premiGes witb ninirn\rn limits of not lasa thln 9IOO,OOO for injury to one person anil not l?tr than g3OO,OOO fgr injury to more thrn one per.on i.n lny accident, and rlro ! policy of in.ur.nc. in thc sutn of not lela tb.n 925,OOO for cIalm6 for property dlnage. Le3Ece shrll .1ro c!lly such employe. conP.ns.tion lnal li!billtt' lnrulanca !r .brll br r.quircd by the llus of the Stat. of Colorado. 3.6 Indennitv Aqainst Cost .of Litisat!on. Le6see sh!11 pay to .nd indeFnify Lea.or ag.in.t th. p.!.ment ot rll Iegal co6ts !nd "tt- rgee,--InE IiEIig- lI ruo"onoUle couneel fees, lltJfully aDd neces!.r11y incurred in tb€ d.fente of lny ruit to di6chlrge th€ pretni6ea. o! any part thereof. from any liets, judgment8 o! etrcumbrances crelteal by Laarea !9a j,nat tha aana, or again6t Le6seg'! leasehold est.te, or any cost and chlrge incurred on.ccount of ProceedingB to ob- lain poss€srion of the prerniseE from lessee or other6 claihing right of Po3se6Bion by. through or rrndet Leslae aftar t€rrnination ot thc ]ease terrn by forfeitu!€ or otherwise. 3.7 Lesso! M.v cure celtrin Defaults of Lesaee. In tbe event Leaaee Bhould alefeult in tha p.Fn nt of antr .nount or amounta required herein to be paid by it, othcr th.n ahount8 payablc a6 rent. or in the eveht of any atafault in plocuring insu!.nce at herein provided. Leasor nry nake any pa)ment or paltm€ntD propcr and necesa!ry to prgcure sueh insullDce or to cure any defrult vhich nay ba relieveat by the paFttent of non€y. Le56ea ahaLl ply Lesaor tha lrnount !g ax_ pended, vith intclest thercon !t tbe rute of I percent per annum from tbe dste of such expcndituras. TbetE ir lalarvad to L.rlor th. right at !I1 r.asonable tinle! to enter upon the prehi6cs for thr purpor€ of inspecting thc buildlng .tnd 3uch other durpoacr a. nay bG nec.lalry or proper fo! the re.son.bla protcction ol ita interQ.t ln tha Prenitea. 3.8 Lc6sor,! Lien Uoon Lea6ehold Estate and Aqreement to Suboralin.tc. Lelaor rh!I1 hlva r valld .nat firat Ii?n upon all buitdingr, ihprovernenti and thc leasehold estate creatcd harein fo! thc pryment of all lents r.tcrvad lnd aII arnounta beconing due beraunde! by reason of .ny engagenent of Lessee. No rct done o! luff.rad to be alonc by Lessca ahrll in any manrer affect tha reverlionary eat.te of Lessor i.n th. premises or itt lian hereby cre! tatl. Nothing hcrain contlin.d rhall authorize Lesace to perform lny nct on Lea6or'a beb.lf rrh ich nly in any l,!y ancuribet' or cbsngC tba titlC of Lerror'r lntcr.st in the prehises. Lessor hereby .grc.! to subordinate itr titlc to tbc pr.nj.!e! to the li.n of tuch lbrtg.ge or dled of trust !! nay be re{uired by . Iending institution lending fund! !o Lessee for th. PurPo!. of financing the inprov.n.ntr conterhplated by thir lerse. Such 6ubordi,nation rnay be evidenced by !n lpproprirte lnltrument of .ub- ordin.tion or by Le6!or'r joinder in the exacution of such hortgage or deed of trustt provided, howcvar, that in no cvent shall Lcs.or ba raquj.red to 6s6um. dircctly or indirectly liability for thc pr)'ment of .ny Euna due undar tuch nortgaga or dc.al of trult, .ny oblig.tion secured therebyr or any lgr€enrnt reLlting to auch obligltion. or if deLiv.red perBonally and ! receipt is rigned tbercfor either by the nerson corporate addleaaae, or by ! general p.rtner of a partnerrhip ldilr€aaee. covenlnt. condj,tion or stipul.tton h.r"- tbc san coven.nt. conditlon gr rtipulatlon. "c fi'i"ir'd i "ri'J" fi atE hui, hv. r6v i r t orca p.O. Box 586 Vail, Colorado 81657 to rrhon addrerced or by an olflcer of a 5. CONOITIoNS OF GRANr. this Leai. and Option i! tnatle upon the condition that Lesaec shall, perlorm all thc 'covenanta rnd agreernenta heaein ret forth to ba p€lformed by lt. If there shall be defrult on the part of Leaaee ln thc p6)rncnt of rcDt, taxea, lsae6anet|la or other chargde and pat4lentr to be nade by it or in the p€lformane€ of or observancc of .ny of tbc rem.ining covenanta or agreenrant! to bc ob3erved or performed by it .Dd such default 8h!11 contlnuc for 50 itayr lftar uritten notice of 6uch deflult ia given by Lersor to Lessee and to any hortgagee or grantee in trust tho haa ' given Lessor *ritten notice of the irterelt hel.d by hin in the lea€ehold of Leraec, Lessor sball hrve full light, r,ithout fulther deriand o! notice ehich are hereby ulived, to entcr upon the preniaea anal to t.k" iruncdiate possession thereof and to bring suit for and collect all renta, taxaa. .saeasrnentr, paym.nts or other charges wh ich shall hav. becD .ccroed to rDd fron the titne of entry. Upon such def.ult thiB lease and .lI rigbt. berein g!!nt.al rh.ll becone void to all intetltr andl purpoEeg whatsoever and all implovementa hade on the premires shlll be h.lal by Lescor as aecurity for th. pli4r|etrt of amounta due undler this lease by Lesaee. 6. RIGHT OF FIRST RTFUSAL. If !t lny tlne duri,ng tbe term of tbis LeaEe and dption a bon. fide offer to Purch6r. . iB reccived by Lessee vhicb Lessee delirea to accept. Lessor shlll havc the right to purchisa the lealehold interert of Lease! and any improvements erected thcreon !t such price and upon auch tenhs ana conditiona as may be containad in auch offer, ln the event LelBee recej.ve! an offc! to purehase vhicb it desires to accept, j,t vill give Laraor rfrj.tten notica. of such off"r, i,ncluding the narna and lddress of tbe propo6ed purchaser. the pri.ce aC uhich the Leaa.hold. ett.te .nal in- provenxents thereon are to be purchased artit !11 the terms and condition3 containeal in such offer. There.fter, Lessor slral! have . period of 45 days f rorn the dqte of notice to it vithin which to advi.se Lessee in writing of i.ta deaire to exercill it5 rrgbt he!€under, accompanied by a ccrtified check in an amount equal to the dosnpatanent refuired under the tenia of th. offcr ind LesBor's .greenrent in uriting to purchaee the Lea6€hold interest of Lessee uPon th€ s.ma terha.nd conditiona .6 are contrined in the offcr. Notbinq herein cont.in€d 6hall be conatrued to restrict or litnit the right of any osner of ! seculity int€reEt ir the lea6ehold gr fee estat€ fron selling th€ same at . foreclogur. .rl. or through othcr judici.l proce.ating! de5igned to a€cure fo! the lecurity holder th. ben.flt. of hir lien. 7. OPTION TO PURCHASE. ?.1 During tbe term of this lease or any extensions thereof Lessee sball have tha oPtion to Ptttch.sa tba preni,a.a oD th. following terms and condj.tions: 7.1,.I Lessee shall not be in defeult under any provision of this Lear.t 7,1.2 Les6ee has 6ubmitted to Le6sor r finrl certificate by Lesaeer!.rchitact. o! othar paraon rpproved by the Vail, Planning and Architcctural Control Cormittcc. rtating thrt he b!! i.n3Fctad thG lnproveherts agreed to be conltructed tnd flnds the vorl cotnplctcd .nd .cc.pt!bl. lD lccordaDc! vith tb. planr rtral 6pecifications lpprov.tl by the v.ll P:,anning .nd Archit.ctur.l Contlol Corflnltt.at ?.1.3 Lesaee has ex€cuted.nd d€livsrcd to L€asor. copy of thc propcrty ovnar'r rgrel- n.nt iD tbe forn .ttachedl hereto .. Exbibit A. -2- 4. I.{UTUAL COVENANTS. 4.1 w.ivcr. No vliver. expler6ed or inpli.al. of rny brcrch of .ny undcr ahall ba trheD aa ! waiver, expreEa or ihplied. of lny succeading breacb of 4.2 Notices. All noticeE provided for her.itt th!lI b. luffici.nt nail uith raturn reccipt requeatcd to the partiea at the fol16ri,n9 .aldrcBsea3 Lessorr Va i1 As6ocihta6, Inc. . v.r i l, col,olldo LeBlee ! o ?.2 Il thc .bov. conditions hlve been ..ti.flctorily fuLfilled th.n Le!r.. nly.xarcl.. tbia optlon tg pur-cb.rc by drlivcring ott or Prior to d.t. ot temlnltion of the le.ae t.rn vlLttcn notica to i,4'rot oC lGi .IacGl,on to .x.lci.. tbi. optioa. Witbln 30 d.ys th.r.rft.r Le.!o, !t !e5.o!.. .xpen.. shrll:t.2.1 .xGcutr aDd dcliv.r to Ler.a? a wlrr.ncy d.ed in th. forn.tc!cb.d h.!.to .t Erhibit E convcying tha prGni..r frca .nd clerr of all licn. .nd Gncunibranccr .xc.pt tba foI ldirrg r 7.2.1.1 th. IiaD for t!x.r lnd apecia:, lssellrnent. fgr th. yG.r of r.l. ilu. Jlnu!ry I of the fol,lowiDg ye.r, lnd th.r..tt!rt 7.2.1,.2 e..atnentr, raatriction6 and coven.nta of r.cord aa of tha dtta of executj,oD of thi! L".se lnal Optionr and 7,2.1,3 such l!en, .nd .ncuribrlncea plscad or cau3€d to br placaa! upon thc premi.e! by La6aaa. it. iucce!lorD o! r!a19nr.7.2.2 furnlrh to L€!3.G a titl. inlurance policy of a rcput.bl. tith inrunnca conp.rry in .n .nount equrl to the puEch6rc plica ot th! premi,s.! r.t forlh in paragrrph l.l. 8. TERI4INATION OF LEASE.8.1 tn tha evcnt thc L.rta tclrninatas and Lear€e br8 not excrcitad itt optlon to purchlrr ar aat forth hara-in. than Laar.a shall rurrcnalar to Lesaor por.elrion of tha pr€ni.ea .nd !tI iirprovlnent! cxiating thtraon at tba tarttrina-tion cf tha l.aaa attd tltla to .uch Lhprov.n.nt. aha),lticraupon !..t in L..ro!. rn auch .v.nt Laiaot agrraa to uaa lta b.tt cflort. to t.Il th. Prenl..., tog.th.r ulth thc lmprovchrnt. th.reon, rnd uporr ruch rrla, to p.y bvar to L..r.. tha fol lavingt 8'l'l tvo-thiratr of th. qonllder.tj.on p.id by Lelrec to Letror rct lorth in Prr.grrph f.l or th. n.t procard. tro|! th. r.1,. of ttta pr.nirer, excluding th.t v.luG of lny i,nptovenants thareon, whlclravar ia tha lalrar anourt, plur 8.1.2 th. cort. or the n.t proc..dr tron th. !.IG relliz.it on r.l,a, ehich"v.r ir tha l..r.r rnount, of t}lc irrproveDchta .riatl,ng on th. pr€mi5aa.8.2 tn th. ev.nt thrt L..tor.brll not hlvG bcen rbl,c to 3G:.1 !t priv.te r!1" th. pr.ni!e..nd improv.n n!!Frior to 12 orclock nooD on thc .nnivalarry data of t.rtt|l,nltion of tha le!.e, Lerror ahall !a11 tha !ar||a at public aala to th. highcrt and belt bidd.r in tbe ltunn.r providad by I.e for thc foreclo.ur. of dcealr of trurt by the public tru.tc.rftcr Public.tion of notice .r 1n ruch c..G. [r.y bc provided by l!v. At ruch .!1e tho Lcr.or; or rny othcr p.r!on, ruy bid 'nd Purch.tc tha Pramia.a and inploven€ntt thareon. Thc n-t procccd! frotn tbe alla ahall ba tha grolt procaada fro[tuch '!I' hinur rl1 coltr incurrcd by l,...or in Mintrinl,ng thc pienieer rnd itnprovehGntr frori tha t.rrninrtion of tbo latt' to tha ti|ne of th. ..1.. lncluding (rdithout rilnitl,ng tbc a;n.rllity of tb; for"golngl cu.todi.l axp.n.lat t.x!a,in.ur.nca, lny .xpenlc Lncurr.d in conplylng vith tha provlalor!. of th. l.Ddovn.r. .grc.n.nt, ch.rg.r for utllltl.r, thc cbarga. of sP.cial ithPlonement dirtrict., or volunt.ry !..oci.tion. !9re.d to br rhlrad by Lr.rec, rarl G.!|ta cottnir.lonr ittcurrcdl in connection vith thc aala, apprriall fcar. aurway charg€r, rdvartiring coata, tha coata of conituctlon of tha a.la, and .ny I.gaI .nd rccounting fe... 9. ASSIGNHENT. L".t.c rhtll not ..I1, .r.ign or trrr,8fer thj,r Leala .nal option ylthou! th. prtor vrltt.n c0nrant of l,arror. LO. INTERPRETATTON OF AGF.EE!{E!I!. Whln nGce!.lry for propar conatructton, th. D.cuLln. C|, lny uord uaait ln thi. L.r.? .h.ll includ. tbe f.hinine lnd n.utcr gendor, th. .ingul.r th. pl,ur.l, and vica varaa. ll' IAw @VERNING. ?hir Le..t .nd option i. b.ing .x.cut.d .nd deliv.r.d In colondo lrat .hrll ba conrtruait in lccord.nce iJEi-iiE-i6iErn.d by th. l.rrr of ruch .r.tr. 12. . t'toDrF rcATIoNs. fha trrm. rnd provl.ion. of thir Ler!. and option tn.y ngt be hodifi.d or .hendad "xcrpt in vriting. fii! Lea.. and option tupcrs.d.r .11 prigr agreementr or under.tlnding! .nong th" partlar. , 13. - EFFEq! oF HEADTNGS. Thq plr.gr.ph h..ding. h.r.i,n .r. for conv.nianc. only lnd rh.ll not rff.ct thr conatruction hareof. /-.,^ t" rlrTNEss uHE ;\, th. Ler.c. .nd L€.ror h.v€ h.r.unto affj.xed thr.ir rlgn.tur.f .r of thtr 2O a.V oC tt-. i9!$ thi. rn.tru&€nt b.ing ex.cutGd rn duprrcrtc. VAIL ASSOCTATES, IlrC-, . Colorailo Corporation LESSOR -3- AGREEMENT THIS AGREEI,IENT, dated as of 19 JO , bet!,reen VAIL ASSOCIATES, INC. ,inafter referred to as ,,Grantor,,), and tne 2O aay of J,.,r* ,a Colorado corporation (here- CharLes H. Rosenquist WITNESSETH: 1. Simultaneously with the execution of this Agreement Grantor has conveyed to Grantee the rear property, hereinafter re-fered to as "the premises," described in-nxhiuil A attached hereto and mad.e a part hereof . 2. It is the desire of the parties to maintain the standards of use and development of the land in vail VitLage, First Fiting, Vail vi11a9e, Second Fil_ing, Vail Village - Third Filing,Vail Village, Fourth Filing, Vail Village, Sixth Filing, Vail Village, Seventh Filing, and any other iitings in Vail-Village, in conformity with the protective covenants, the rules and regulations of the VaiL.Pranning and Architectural control committee, ind such zoning laws, ordinances, rules and regulations as may be promulgated with respect to such land. NOW THEREFORE, for and in consideration of the conveyance by Grantor to crantee made this date, of the agreements of sinilar nature executed. by other grantees in connection with similar con-veyances, and for other valuable consideration, the receipt and adequacy of which is hereby acknowredged, the crantee her-by agrees that he will: 1. Comply, and will use his best efforts to cause all tlroge occupying the premises by, through or under himT to comply,with the protective covenants, the rules and regulatigns of the-vail Pranning and Architectural controL committee and such zoning I?!", ordinances, rules and regulations as may novr or hereafter affect the premises. 2. Require any persons to whom the premises are conveyed,leased or otherwise transferred by hin to execute an agreement binding the Grantee, lessee or .transferee to these saine obligations. ?. Pay all taxes, assessments and other charges which may be levied, assessed or charged against the premises for the construction, operation and maiitenafrce of utilities by any duty organized politicar subdivision serving land included witrrin valr Village, as the same may become due and payable, including his pro-rata share of the bonds of Vair water and sanitation Dist;ict a;d o of VaiI Recreation District and such reasonable dues, assessments and charges as may be imposed by any mutual or voluntary improve- ment association or similar organization for the operation and maintenance of roadways, and for the construction, operation and maintenance of recreational facilities, police and fire protection and common ground serving lands included within Vail village, First Filing, Vail Village, Second Filing, VaiI Village - rhird Filing, Vail VilLage, Fourth Filing, Vail ViIIage, Sixth Filing, Vail Villager- Seventh Filing, and any other filings in VaiI Village, as the same may become due and payable. The consent of 65-2/3* of the persons owning real estate in vail ViIlage shall constitute conclusive evidence of the reasonableness of such assessments or charges. If the premises shall be used for commercial purposes, then Grantee agrees to join the Vail Resort Association, Inc. ' a col-orado corpor- ation not for profit, and to pay his pro-rata share of such reasonable d,ues, assessments and charges as may be imposed by it. 4; Indemnify and save harmless Vail Associates, Inc. against and from any and all threats, claims, demands and liens of mechanics and materialmen which may result from construction work or labor which may have taken place on the premises and against and from the cost of alt attorneys' fees, court costs and exPenses which may be reasonably incurred by Vail Associates' Inc. or its assigns by reason of such threats, claims, demands and liens r Pto-vided notice of such is first given Grantee. 5. It is contemplated that Grantor may, at its sole discretion, dedicate the roads or a part thereof, as shown on the plats described above in paragraph 3, to the county or other local government as public roads. Grantee consents, and is hereby deemed to consent, to any such dedication at any time and from time to time, and will execute any apPropriate consent or waiver document to assist in the effectuation of such a dedication by Grantor. 6. Grantee will conform to and observe aII ordinances, rules and regulations which may be adopted by the state, county, or local authorities relating to the use or maintenance of the premises. 7. Landscape and maintain the landscaping on the premises at aI1 times in accordance with the protective covenants lnd the rules and regulations of the VaiI Planning and Architectural Control Committee. Should Grantee at any tirne refuse or fail to maintain the Landscaping on the premises as required above, Grantor shall so notify Grantee and make demand on Grantee to comply by rnailing such notice and demand to comPly to Grantee a at Grantee's last known mail-ing address by first class mail, postage pre-paid, and by also leaving such notice and demand to comply at the prernises. ff Grantee fails or refuses to comply after the giving of such notice, then Grantor at any time after 1-5 days after the mailing of such notice and demand to comply, may enter on the premises and at Grantee's expense take those steps Grantor deems necessary to restore and maintain the land- scaping including trash removal, mowing and watering of lawns and open areas, cutting and trimming shrubbery, trees, vines, etc.l and general maintenance, preservation, and restoration of the required landscaping. All such charges incurred by Grantor.to restore and maintain the landscaping on the premises shall be- come a lien upon the premises and may be foreclosed by Grantor as provided by the laws of Colorado for the foreclosure of a mortgage. 8. This agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto. The masculine of any word used herein shall be construed to include the feminine and neuter gender thereof, and the singular the plural , whenever necessary for proper construction. , IN WfTNESS WHEREOF, the parties have executed this instrument effective as of the day and year first above written. vArL AssocIATEs, INC., a Colorado corporation GRANTOR -3- t _t., -! t. STATE OF COLCRADO CCUNTY CF EAGLE 2. The as follow s: (Description cription. ) de scription of the buildin gite for -,<-\i ir(- !;t -,\- '[)t ,\ a'l |'''r DECLARATION CF LAND. ALLCCATION building ia .,, the prorro eed /J' E./L ) ) ) SS. I,, bEltrg first duly sworn upon oath, depose a !' that llowing staternentg are true and correct information and belief, to wit:owledge, l. That this statement is made in conjunction with the filing of an application for a building perrnit to the Town of ,VaiI and to comply with the requirernents of Article VII, iection 3, Ordinance Number 7 (Seriea of 1969) Zoning Ordinance for the Town of Vail. \ IP may be attached or surveyorrs map may be used to ahow dee- 3. The proposed building site contains /cr./q4,6f feet, and the propoeed building contains of area as defined in the aforesaid ?.oning Ordinance. * 4. The proposed building, as it cor-,'rplies to the Floor Area R?tio for building site, aE defined in the aforeg relates to the building atte area, the zoning which appliee the ow The foregoing affidavit and de c 1a ration sub cr! awoln to befo J?* sq - squafe f, I i uare,feetk?e/-cIt d P4rt"'*V Or ( duly ?-'*,rz*'fl""'?ost7" +a, August - .--fJ.-, irt"., .roil' .-L--; 2L, L970 Town of Vail Municipal Offices VaiI,. Colorado 81657 ATTENTION: Terry Minger, Town Manager Gentlemen: Reference is made to the above-mentioned parcel of land' which is being sold to Mr. Charles Rosenquist. Plans and specifications have been prepared by the owner's architect for construction of a building on the referenced property. The construction will be performed by Kvamme- Cunningham Construction Co. of Vail. We acknowledge that we have reviewed and approved the plans for construction, and further approve of the retaining wall that wil-l be constructed in the vicinity of the southeast corner of the Rosenquist building. This wall will encroach on a portion of the property now owned by vail Associates- Very truJ.y yours ' vArL AssocrATES, rNC. Robert H. Nott Vice President - Real Estate h$G ?5s RE: Part of Lot A, Tract 58 Vail ViLlage lst Filing Rosenquist II AREA COOE 303 476-s601 ONE WALL STREET, VAIL, COLORADO 4T657 o E r*p* o ,jf-Jw i tze- EXHIBIT A Eo- SHORT TERM GROUND LEASE AND OPTION TO PURCHASE VAIL ASSOCIATES, INC. and CHARLES H. ROSENQUIST A_part of Tract a, Block 5-B, Vail Village First Filing, County of Eagle, State of Colorado, rnore particularly describeil as follows: Commencing at the Northwesterly corner of said.Tract a; thence N.66oL8'00"E. and along the Northerly line of said Tract a,347.15 feet to the true point of beginning; thence N.G6ol_Br0OuE.,43.04 feet; thence N.79o17'00'8., 45.06 feet; thence S.lOo43rOO,'E.,105.67 feet; thence s.z9oIzr00"w., 50.00 feet; thence N.53o36 'oouw.,46.40 feet; thence N.10o43'00"W., 68.00 feet to the true point of beginning; RESERVING that part of the 10.00 foot wide utifity easement as platted along and parallel to the Northerly Line of said Tract a according to the recorded plat thereof; containing 8.472.47 square feet of .1945 acres. iir L! r,rL . t i r,Oi iti,tl,-1,,1 1-,,, 1iti1,t,, .q,,-,,t-!,i :o:!L,g_!-.r,.. Dait_r,rc,.3.ll VAL l, ASS()C r../\,t,i.iSi , ItiC .- anci - C[IA.R1,T1S II . ROSii,\eU1S.I' i,ii'-r I .';.-: i i :,':\ .- .i'.7','..'-- ^.-.\t---^t iJ-r1r\ ^\.',J, r, ,,( r\ A pari oif i::t:ct:of liagl-e, Sta.i;t: fol-i.oi.rs: C, l:7tL1 fcct; !}ience N.79'17t0c"a] ,, tti.06 rer,r; rhence s.r0o/i3r00i,8.,120-00 _fee !; ihe.ce s,7g:i7 !00:'i,l:, l5:2"9 tcei; rhence N,63.36iootll,4t:.J9 fee:; ihence li.i0"/,3rOO?'i,1 ,, 92..33 fect io rte true poinr of begi:::rirrg; R:S;i:i.Vi.lic tl:r,.: pa.::! of rhe L0.00 fooC wiCe itfllty eesc-r,cnt as p]-r.tL;:ci aj.cr:g cucl pe:t-.'.j.el. to the i{o::ihe-;:J.y 3.ine of, :lil 'r':'acL' e., eccc-:ti::g, i.: ti.e rcco'rced plat thereof ; cor.taLning .,' co:anie;lcj-:'.3 et the i{or":i.ir,res;e::iy corile:: of so_i.ci T::act a1 thenee -li. 66'18 | 0Ct'i a;rc a-l.cr,g tlie iio::liil:;:i.y 1. j.ne of saiql Trect a,3/r3.04 feei io ihe t::uc pcLnt of bcgi.nling; thenctr N.66"1gi00"E., ,.t'.: ,-,'.. j'--.. -.l-----\r ' ,.-.', ',.U. :: ,.1 .1: , ': ' . ', :.'' 1' ;,- ,.,, ,"' '.,/ " 1 .' ot:: .-, , : ,t.l' tt V'/" - 7%rr.y-..'tt- r*].., {t1, *tt^**tt^t*^, iatc-, **"J', .,*"$,*-^,J- August L2' L970 Mr. Manfred Schober Schober Building Vai1, Colorado 81657 Dear Manfred: I understand that you have met with Jerry Muth to discuss various aspects of our proposed 58 improvement plan, as described l-n my letter dated JaLy 24, L970 - Jerry has con- veyed to me your com*ents on cerLain matters which I will attempt to explain in further detail. charles Rosenquist has agreed to construct the stairway on or before December 3lst. I will ask him by copy of this letter to exert his best efforts to complete the work by the beginning of the ski season. He may encounter some probleirs due-to a construction delay on his second build- ing resulting from unanticipated set-back requirements' I im confident that he will cooperate with all .of you in order to achieve the best mutual result. Vail Associates will exert its best efforts to conmence work in Area rII by the earliest date possible. we should be able to get started by May of797l, so that the area can be cornplete& and made ready for an orderly sufluner business operation. We will check our files to see if an easernent providing eqress and ingress to and from the area to the rear of tfre Covered eiidqe Store and Pepi's is a matter of public record. If it ii not, we will investigate the feasibil-ity of preparing and recording a formal easement I will check rrrith our staff to determine a suitable barrier to separate Gore Creek Drive from Area III. we will attempt to in-stal1 this before the coming ski season. Naturally' you understand that provisions must be made for construction iehicles in this area until Pepi's expansion and the Rosen- quist II building are comPleted. ,\ \? p\ -i)r <5 t\)(f,) Qurru* AREA CODE 303 476-5 601 oNE WALL STREET, VAIL, COLORADO 41557 ;o August l2, L970 ui. Manfred Schober My July 24 letter was meant to explain and clarify anY con- fusion that might exist between ourselves and you' regarding viii a"""ciateiI obligations in the 58 Area' If the description of the work td ne performed is acceptable' please so indica;; bt sigttittg the copy of ny letter of the Zatn ana return it to me. If you are not satisfiedr.or-have further connents to add' ;i"a;; ""u*it trrem to me in letter form' r will respond as soon as Possible. VerY tru1Y Yours,wr;w Robert H. Nott Vice President - Real Estate Page Two cc! Charles Rosenquist Jim Cunninghan July 31, 1970 Mr. Rlchand llynce LanEon and Danby, fnc. L330 Eaet Statc StrG€t Rockfond, Illlnola 61108 Rcr Rocenqul.et-Swl.tzcn Bldg., VaLl Dear Un. lyncs: In anEwening youn lotten of thE 28th ltarn by item: 1. Table 5-A of the U.B.C. j-e only to be uecd Ln oonncctlon nlth Type IV and V buildlnga. The heading of the Table epells thls out.I agnec wlth your oceupanay eepanatlone. 2. Sectlon f.305 (a) of thc U.B.C. requhes a wLndow Ln kl.tchencr Rafcr"enec to thc N.B.C, nay be connect, howevcr, !,rc are not openatlng unden thla codc. 3. O.K. lr. RetainLng Walls extcnd beyond the property line and f necd verlf,lcati.on f,:rom the ownene of adJacant proper'ty that thlE ls acceptable. The buildlng doea not have the propen sst-backe aa ncquirod by the Vall Zon5.ng OndLnancc and l.tn. Cunnlnghan le applying fon a var^iance on thls aE well as the kltchcn wl.ndows. SlnccrclY ' THE TOSIN OF VAIL Chanles G. Bynun' P.E. Bullding Offlcial CGB/:rao CC: Kvanrure-Cunningham ConstnuctLon o TARSON ond DARBY inc. r330 EAsT srATE sTREET RocKroRD. u.r.rNors 6u08 ARCHITECTS July 28, 1970 "6\*.g+ Mr. Charl es G. Bynum, P. E The Town of Vail Box 631 Vail, Colorado 81657 Re : Rosenqu i st-Swi tzer Bui I di ng Gore Creek Plaza Va i 'l , Col orado Dear Mr. Bynum: Mr. Rosenquist has asked us to write to you in order to clarify our interpretation of the U.B.C. as it relates to the above menti oned project. 1 . 0ccupancy Separati on Listed below, floor by f1 oor, are the intended occupancies followed by the U.B.C. group as noted in table 5A, p. 50-52. FF6,/c {4 onlv fo ,le ,*x,.f .'.t Lower Level .e nc ee*L} 'n,(fl. epa _vg E t?e'd fle icd""it' 0pen Parking Garage Retai I Ground Fl oor Restaurant (200 0ccupancy) Second Fl oor 3 Apartment Penthouse l Apartment F-3 (Secti on 1109) F-2 B-3 TET.EPHoNE 8r s/968-099 | o Mr. Page July Charl es G Two 28, 1970 Byn um table 5B, Requ'ired Separation in Bu'i'ldin9 of 0ccupancy, we found the fol lowing: Us Mi /.r-i'|,: f:;"f' i ng xed 7 Hr.r L Hr./ 1 Hr. r None -' Ki tchen Venti I ati on and Exhasst As noted'in the Code, all rooms are to have windows with operable venting. The general1y accepted practice we have used i n a'l'l our previ ous work i s that any room 80% or more of common wall area open to another habitab'l e room is an alcove of that habitable room (Ref. N.B.C. F-3(Garage) to F-2(Retai I )F-3(Garage) to g-3(Restaurant) B-3(Restaurant) to H(Apartments) H(Apartment) to H(Apartment) Ventilation will be handled by a range hood exteri or.ducted to the Roof Constructi on Roof construction shall be 6 Framing to be 7 x 14 laminate Support by bearing walls at t shall be 2" nominal solid woo entire roof structure is desi snow load. i n 12 pi tch col d wood rafters he eaves and ri dTandGdecki gned to carry a d roof.at 6'-0" t 0.C dge.decki ng ng. The 60#/ sq . ft. Retaining l,lalls Retaining Walls are in the process of being revised. As soon as we are able, revised drawings will be sent to Va'il Association for approva'l as to location, after which time we will engineer the details. Si ncerely yours , Ri chard Hynes RH/ s t< c: J. Cunni ngham C. Rosenqui st { BUILDING PERMIT Vail, Colorado D"r.-48*t7' eZ-tqZA P e rrnit Pe rrnis sion is herel>y g .: 3 t(q(r J ranted /%a io-_ 4an.t/ruct story Address /rt'ut In accordauce with the prowisions sec fo...i: i:y -5e Veil -r r.:!:..cctlr:*i Cor:t-oi Cornr-rrittecr, sub.j ect to l,re rules a.nd legulr.t:ic,;:s i, c ret foi''"lr lrr ',\e '.tail Village Irlotective Covena:rts, and in compliancc '.-.ith tl.c lg67\, i-.' crnr Brrilding Cods. Typc: oI Cr-,nstr.rctior, -Z - rl &,___Croup_-EE_4 ,'poroved IliSljECTiOli lilrCC ),1) (for Dcp::l'trnent:--l ur::: c:rl.; ) -----,Y.ril I uil ling Insgf ctor r; :c r) F c'l JC' \i 1' PPR OVA J, C(,'A II'OUI'ID.-\ TIONS I-RAMING' zi :t s" .J .{ 7 cd o ;E t4-_ / trLN,l L I].OUGH ROUCH ROUGH APPLICATION THE licant FOR BUILDING PERMIT TOWN CF VAIL fill in this section only) RUILDING DTFORMATICN New /2" Addition -- Alterition Repairs Type of occupancy (All parts of building l.r l" (J (g t Q Narne Address City Tel, No, No. of wate r clo s ets No. of Farnilie s ryi Poi Hi k .:=:-lvlStOn Lot TJIOC Subd ESTIMATED CCST oF coNsr RvcrroN;?3() o a tL (Materiels & Labor) (Circle correct classification) Type of construction I.It.6iT) V v. Cccupancy group A. B, C,{ug,c@t, r. A pproval permit. Building address Date of A pplic rtion Addre s s Addre /;r) / Arnount of Clean up Fee $_lfc,g Date pe rrnit is sued Final inspection Receipt or prans *"--:/ty;p-I'NG !N1P"9tTlo".val or (2 sots reouired) Date 2t.i*. Amount of Permit I.ee $ /JCrtC f ZlJ.tt Paid. Cash Permitt by planning and architectural control committee to obtain building No of storiet-Z--tlt. ,, No. of rooms-No. b eths- Plans ?- t .2O -.,Date 141'26rn ;iz:it7#'"'Paid: Cash Tap fee paid Amount f ztt.rs Certificate of oc.-,rpancy &compliance Construction clean- up