HomeMy WebLinkAboutVAIL INTERMOUNTAIN BLOCK 4 LOT 3 LEGALDesign Review Board
ACTIOI{ FORM
Department of Community Development
75 South Frontage Road, Vail, colorado 81657
tef : 970.479.2139 fext 97O.479.2452
web: www.vailgov,com
Project Name: Innsbruck paint and windows
Project Description:
Re-paint and replace windows (Innsbrock Condos)
Participants:
DRB Number: DR8080179
owNER KMFT, DEAN & MARY W. 05/30/2008
PO BOX 208s
RIDGWAY
co 81432
APPUCANT STEPHENE.COLLINS 05/30/2008 Phone:97047r1342
PO BOX 1475
VAIL
co 81658
2783 KINNICKINNICK RD VAIL Location:Project Address:
Legal Deccription:
Parcel Number:
Comments:
Motion By:
Second By:
Vote:
Conditions:
Loft 8 Block: 4 Subdivision: INNSBRUCK CONDOd3
2103-143-0400-1 - oe
Vai\ \nJrrrnounl*i-,
BOARD/STAFF ACTION
Action: SIAFFAPP
Date of Approval: 05i30/2008
Crnd:8
(PIAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to constuction activities.
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days following the date of
approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS.
Cond: 202
(PLAN): Approval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligendy pursued toward completion.
Planner: NicolePeterson DRB Fee Paid: i25O.O0
Annapolis
Gray 70
Sail Cloth
77
%oqytui, |il*o
I
Annapolis Gray 70
*m
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colondo 81557
telz 970.479.2L28 faxt 970.479'2452
web: www,vailgov'com
General Information:
All projects requiring design review must receive approval prior to submitting a. building permit application'
-Please
refer to the submittat requirements for the particulai approval that is requested, An appl'rcation for Design Review
cannot be accepted untii all required information is received by the Community Development Department. The
project may also need to be re/iewed by the Town Council and/or the Planning and Environmental Commission.
b.iign .eiriew approVal lapses unless a building permit is issued and construction commenes within
ofthe Request:
Location of the Proposa lz tot: ? a*cf: I Subdivision:
Physical ldrdress= 7 nh
iC6ntaa Eagle Co. Assessor at 970-328-86't'0 for parcel no.)
one year of the approval.
Zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Address:Fax:
Type of Review and Fee:
tl Signs
O Concepfual Revieli,
tr New Construction
tr Addition
Minor Alteration
(multFfam ily/com mercia l)
Minor Alteration
(single-familylduplex)
Changes to Approved Plans
Separation Request
tr
tr
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild'
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions)'
-'|ffi) For minor changes to buildings and site improvements, such as,<-:-""'' re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
JOINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
provide this
which have been
letter as written approval of the plans dated
submitted to the Town of Vail community Development Departrnent for the proposed improvements to be
completed at the address noted above. I understand thatthe proposed improvem,ents "'):'
LG.-
(Signature)
?rt*Jor.!- '4 fnnr br' c-k C'rJ"' {6c'6r"=["o-'r
Additional|np|easecheckthestatementbe|owwhichismostapp|icabletoyou:
I underctand that minor modifications may be made to the plans over the ourse of the review
process to ensure compliane with the Town's applicable odes and rqulations'
%--
(lnitial here)
D I request that all mdificatt:ons, minor or otherwise, which are made to the plans over the cource
of the review process, E brought to my attention by the appliant for additional approval before
undergoing further review by the Town'
rlrvhv'(Date)
(lnitial here)
ioint property owner letter re sed I0/18/2006 Er
F : \cdev\FORMS\Permits\nan ni ng\Old forms\drb-minor-alt-8-28-2007'doc Page 2 of 13
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TOWN OF VAIL, COLORADO Statement
tl*tfff***+'t**fltt|*tt**l***********ttf*i*l**ltttttlit*ft:l**i*ffttl*t*tlr**********++*t**tlft
Statement Nudber: R080000835 Amount: S250.00 05/3O/2OO8t1:00 AM
Payment Method: Check Init: tILE
Notation: 4224 TNNSBRUCK
cor[Do Assoc
Permit No: DRBO80179 Type 3 DRB-Minor Alt, Comn,/mrltsi
Parcel No: 2103 -143 -0400-1
SiIC Addrees: 2783 KINNICKINNICK RD VAIIJ
IJocation:
Total Fees: 9250.00
Thi6 Palment3 $250.00 Total AIJIJ Pmtes 9250.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code De s cript ion Current Pmts
DR OO].OOOO31,L22OO DESIGN REVIEW FEES 250.00
'a o oo
DEED RESTRICTION
FOR THE OCCUPANCY AND RESALE OF
UNIT 4, INNSBRUCK CONDOMINIUMS (A CONDOMINIUM)
THE DEED RESTR]CTION FORTHE OCCUPANCY AND RESALE OFUNIT #4,
INNSBRUCK CONDOMINIUMS (A CONDOMINIUM) (the Agreement) is made and
entered into this 2l"tday of July, 2000, by The Town of Vail and enforceable by the Town of
Vail (hereinafter referred to as the Town.)
WITNESSETH:
WHEREAS, Town owns the real property described as Unit 4, Innsbruck Condominiums known
as2783 Kinnickinnick Road ll4, Vail, Colorado 81657. Forpurposes of the agreement, the real
property and all interests, appurtenances, improvements and fixtures associated therewith shall
hereinafter be referred to as the Property; and
WHEREAS, Town agrees to restrict the acquisition or transfer of the Property to Qualified
Buyers, as that term is defined in this agreement. In addition, the Town agrees that this
agreement shall constitute a resale agreement setting forth the maximum sales price for which the
property may be sold (Maximum Sales Price), the amount of appreciation and the terms and
provision controlling the resale ofthe Property should Town's purchaser desire to sell its interest
in the Property at any time afterthe date of this Agreement. Finally, by this Agreement, Town
agrees to restrict the property against use and occupancy inconsistent with this Agteement.
WIIEREAS, Qualified Buyers are natural persons meeting the requirements set forth by the
Town of Vail Employee Housing Guidelines or its substitute, as adopted by the Town of Vail, or
its successor, and in effect at the time of the closing of the sale from Town to the Qualified
Buyer, and who must represent and agree pursuant to this Agreement to occupy the Property as
their sole place ofresidence, not to engage in any business activity on the Property, other than
that permitted in that zone district or by applicable ordinance, and not to sell or otherwise
transfer the Property for use in a trade or business.
WHEREAS, an Owner is a person or persons who is/are a Qualihed Buyer who acquires an
ownership interest in the Property in compliance with the terms and provisions of this
Agreement; it being understood that such person or persons shall be deemed an Owner hereunder
only during the period of his, her or their ownership interest in the Property and shall be
obligated hereunder for the full and complete performance and observance of all covenants,
conditions and restrictions contained herein during such period.
,t/5
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: :,,
Town of Vail
Deed Restriction
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Page I of 15
Innsbruck Condominiums 4
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WHEREAS, the Unit is a single unit within Innsbruck Condominiums (A
condominium).
WHEREAS it is anticipated that individuals shall acquire an ownership interest in the
property or unit in the future and will be considered owners. Owners shall be obligated
hereunder for the full and complete performance and observation of all covenants, conditions and
restrictions contained herein.
NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby
acknowledged, Town hereby represent, covenant and agree as follows:
l. The use and occupancy of the Property shall henceforth be limited exclusively to housing
for natural persons who meet the definition of Qualified Buyers and their families.
2. An Owner, in connection with the purchase of this Property or Unit, must:
a) Occupy any Unit within this Property as his or her sole place of residence during the
time that such unit is owned;
b) Not engage in any business activity on or in such Unit, other than permitted in that
zone district or by applicable ordinance;
c) Sell or otherwise transfer such Unit only in accordance with this Agreement and the
Town of Vail Employee Housing Guidelines; and
d) Not sell or otherwise transfer such Unit for use in a trade or business; and
e) Not permit any use or occupancy of such Unit except in compliance with this
Agreement.
3. Breach of Agreement:
a. It shall be a breach of this Agreement for Owner to default in payment or other
obligations due or to be performed under a promissory note secured by a first deed
of trust encumbering the Property or a Unit. Owner must notifr the Town, in
writing, ofany notification received from a lender, or its assigns, ofpast due
payments or default in payment or other obligations due or to be performed under
a promissory note secured by a first deed of trust, as described herein, within five
calendar days ofOwners notification from lender, or its assigns, or said default or
past due payments.
Town of Vail page 2 of 15
Deed Restriction Innsbruck Condominiums 4
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b. Upon notification from Owner, as provided above, or other notice of such default,
the Town may offer loan counseling or distressed loan services to the Owner, if
any of these services are available, and is entitled to require tlle Owner to sell the
Property or a Unit to avoid the commencement of any foreclosure proceeding
against the Property or a Unit. In the event that the Town determines that sale of
the Property or a Unit is necessary, Owner shall immediately execute a standard
Listing Contract on forms approved by the Colorado Real Estate Commission
with the Town, providing for a 30-day listing period. At this time, the Owner
shall deposit with the Town an amount equal to one halfpercent (.5 %) of the
estimated value of the Unit. If a sales contract has not been executed within the
initial 30-day period, Owner shall extend the listing period for an additional 180
days, provided such extension does not conflict with the statutory rights ofany
secured creditors. The Town shall promptly advertise the Property for sale by
competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay
to the Town an additional one and one half percent (1.5 %), for a maximum fee of
two percent (2%). ln the event of a listing of the Property pursuant to this
Paragraph 3, the Town is entitled to require the Owner to accept the highest of any
qualified bids which satisfies the Owners financial or other obligations due under
the promissory note secured by a first deed of trust and deed of trust in favor of
the Town, as described herein, and to sell the Properfy to such qualified bidder.
c. Upon receipt oftheir notice as provided in paragraphs 3a and 3b, Town shall have
the right, in sole discretion, to cure the default or any portion thereof. In such
event, the Owner shall be personally liable to the Town for past due payments
made by the Town together with interest thereon at the rate specified in the
promissory note secured by the deed of trust; plus one percent (l%) and all actual
expenses of the Town incurred in curing the default. The Owner shall be required
by the Town to execute a promissory note secured by deed of trust encumbering
the Property in favor of the Town for the amounts expended by the Town as
specified herein, including future advances made for such purposes. The Owner
may cure the default and satisfo its obligation to the Town under this
subparagraph at any time prior to execution ofa contract for sale, upon such
reasonable tems as specified by the Town. Otherwise, Owners indebtedness to
the Town shall be satisfied from the Owners proceeds at closing.
4. This Agreement shall constitute covenants running with the real property, described as
Unit 4, Innsbruck Condominiums known as2783 Kinnickinnick Road l4,Yail, Colorado
81657, as a burden thereon, for the benefit of, and shall be specifically enforceable by the
Town and their respective successors and assigns, as applicable, by any appropriate legal
action including but not limited to specific performance, injunction, reversion, or eviction
of non-complying owners and/or occupants.
Town of Vail
Deed Restriction
Page 3 of 15
Innsbruck Condominiums 4
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5. In the event that an Owner desires to sell the Property or Unit, the Owner shall execute a
standard Listing Contract on forms approved by the Colorado Real Estate Commission
with the Town providing for a 180-day listing period, or such other time period as
required by the Town of Vail Affordable Housing Guidelines in effect at time of listing.
At this time, the Owner shall deposit with the Town an amount equal to one-half percent
(.5%) of the estimated value of the Unit. The Town shall promptly advertise the Property
or Unit for sale by competitive bid to Qualified Buyers. At the time of closing, the Owner
shall pay to the Town an additional one and one-halfpercent (1.5-%). The Town may
charge a fee based on the amount financed for any conventional loans. The amount of
this fee to be paid by the subsequent Owner shall be as set forth in the current Town of
Vail Employee Housing Guidelines and will be distributed to the Town.
MAXIMUM SALES PRICE
In no event shall the Property or a Unit be sold for an amount (Maximum Sales Price) in
excess of the owners subsidized purchase price, plus an increase of three percent (3o/o) of
such price per year from the date of purchase to the date of Owners notice of intent to sell
(prorated at the rate of .25 percent for each whole month for any part of a year).
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY THE TOWN OF VAIL THAT ON
SALE THE OWNER SHALL OBTAIN THE MA)ilMUM SALES PRICE.
Determinins Maximum Sales Price:
For the pu{pose of determining the Maximum sales Price in accordance with this
Section, the Owner may add to the amount specified in Paragraph 6 above, the
cost of Permitted Capital Improvements (as defined in Exhibit A). The amount
shall not exceed ten percent (10%) ofthe initial listed purchase price set forth in
paragraph 6 above. For every ten-year ( I 0) period, from the date of original
purchase and deed restriction, another ten percent ofthe purchase price may be
added to the value of the property for capital improvements. In calculating such
amount, only those Permitted capital Improvements identified in Exhibit A hereto
shall qualifu for inclusion. All such Permitted capital Improvements installed or
constructed over the life of the unit shall qualify.
Permitted capital Improvements shall not include any changes or additions to the
Property made by the Owner during construction or thereafter, except in
accordance with Paragraph 7a above. Permitted capital Improvements shall not
increase the base price, even if made or installed during original construction.
6.
7.
b.
Town of Vail
Deed Restriction
Page 4 of 15
Innsbruck Condominiums 4
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c. In order to qualifr as Permitted Capital Improvements, the Owner must furnish to
the Town the following information with respect to the improvements which the
Owner seeks to include in the calculation of Maximum Sales Price:
l) Original or duplicate receipts to verifr the actual costs expended by the
Owner for the Permitted Capital Improvements;
2) Owner's affidavit verifing that the receipts are valid and correct receipts
tendered at the time of purchase; and
3) True and correct copies of any building permit or certificate of occupancy
required to be issued by the Town of Vail Building Department with
respect to the Permitted Capital Improvements.
d. For the purpose of determining the Maximum Sales Price in accordance with this
Section, the Owner may also add to the amount specified in Paragraphs 6 wrd7a,
the cost of any permanent improvements constructed or installed as a result of any
requirement imposed by any governmental agency, or Home Owners Association,
provided that written certification is provided to the Town of both the applicable
requirement and the information required by Paragraph 7c,7 - 3.
e. In calculating the costs under Paragraphs 7a and 7d, only the Owners actual out-
of-pocket costs and expenses shall be eligible for inclusion. Such amount shall
not include an amount attributable to Owners sweat equity or to any appreciation
in the value of the improvements.
Owner shall not permit any prospective buyer to assume any or all of the Owners
customary closing costs nor accept any other consideration which would cause an
increase in the purchase price above the bid price so as to induce the Owner to sell to
such prospective buyer.
In the event that one qualified bid is received equal to the Maximum Sales Price herein
established, the Property shall be sold to such bidder at the Maximum Sales Price; and in
the event Owner receives two or more such bids equal to the Maximum Sales Price, the
Qualified Buyer shall be selected according to the priority for Sale Units set forth in the
Town of Vail Employee Housing Guidelines; and, in the event that all such qualified
bidders are of equal priority pwsuant to the Guidelines, the Qualified Buyer shall be
selected by lottery among the qualified buyers, whereupon the Property or Unit shall be
sold to the winner of such lottery at the Maximum Sales Price. If the terms of the
proposed purchase contract, other than price, as initially presented to the owner, are
unacceptable to the Owner, there shall be a mandatory negotiation period of three (3)
business days to allow the Seller and potential buyer to reach an agreement regarding said
terms, including but not limited to, the closing date and financing contingencies. If, after
8.
9.
Town of Vail
Deed Restriction
Page 5 of 15
Innsbruck Condominiums 4
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the negotiation period is over, the Seller and Buyer have not reached an agreement, the
next bidder's offer will then be presented to the Seller for consideration and a three (3)
business day negotiating period will begin again. The seller may reject any and all bids,
however, the Owner is subject to the provisions in the Town of Vail Employee Housing
Guidelines pertaining to the listing fee. Bids in excess of the Maximum Sales Price shall
be rejected. If all bids are below Maximum Sales Price, Owner may accept the highest
qualified bid. If all bids are below Maximum Sales Price and two or more bids are for the
same price, the Qualified Buyer shall be selected by lottery from among the highest
qualified bidders.
In the event that title to the Property or a Unit vests by descent, distribution or any other
means, in individuals and/or entities who are not Qualified Buyers as that term is defined
herein (hereinafter Non-Qualified Transferee(s)), the Property or Unit shall immediately
be listed for sale as provided in Paragraph 5 above (including the payment of the
specified fee to the Town), and the highest bid by a Qualified Buyer, for not less than
ninety-five percent (95%) of the Maximum Sales Price or the appraised market value,
whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the
Maximum Sales price or the appraised market value, the Property or Unit shall continue
to be listed for sale until a bid in accordance with this section is made, which bid must be
accepted. The cost ofthe appraisal shall be paid by the Non-Qualified Transferee(s).
a. Non-Qualified Transferee(s) shalljoin in any sale, conveyance ortransfer ofthe
Property or Unit to a Qualified Buyer and shall execute any and all documents
necessary to do so; and
b. Non-Qualified Transferee(s) agree not to: l) occupy the Property or said Unit; 2)
rent all or any part of the Property or Unit, except in strict compliance with
Paragraph 14 hereof; 3) engage in any other business activity on or in the Property
or Unit; 4) sell or otherwise transfer the Property or Unit except in accordance
with this Agreement and the Affordable Housing Guidelines; or 5) sell or
otherwise transfer the Properfy or Unit for use in a trade or business.
c. The Town, or its respective successors, as applicable, shall have theright and
option to purchase the Property or Unit, exercisable within a period of fifteen (15)
calendar days after receipt of any sales offer submitted to the Town by a Non-
Qualified Transferee(s), and in the event ofexercising their right and option, shall
purchase the Property or Unit from the Non-Qualified Transferee(s) for a price of
ninety-five percent (95%) of the Maximum Sales Price, or the appraised market
value, whichever is less. The offer to purchase shall be made by the Non-
Qualified Transferee within fifteen ( 1 5) days of acquisition of the Property or
Unit.
10.
Town of Vail
Deed Restriction
Page 6 of l5
Innsbruck Condominiums 4
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c. Where the provisions of this Paragraph l0 apply, the Town may require the
Owner to rent the Property or Unit in accordance with the provisions of Paragraph
14, below.
OWNERRESIDENCE
The Property or Unit shall be and is to be utilized only as the exclusive and permanent
place of residence of an Owner. A permanent residence shall mean the home or place in
which ones habitation is fixed and to which one, whenever he or she is absent, has a
present intention of retuming after a departure or absence therefrom, regardless of the
duration of absence. In determining what is a permanent residence, the Town staff shall
take the following circumstances relating to the owner of the residence into account:
business pursuits, employment, income sources, residence for income or other tax
purposes, age, marital status, residence ofparents, spouse and children ifany, location of
personal and real property, and motor vehicle registration.
In the event Owner changes domicile or ceases to utilize the Properfy or Unit as his sole
and exclusive place of residence, the Property or Unit will be offered for sale pursuant to
the provisions of Paragraph l0 of this Agreement. Owner shall be deemed to have
changed Owners domicile by becoming a resident elsewhere or accepting permanent
employment outside Eagle County, or residing on the Property or Unit for fewer than
nine (9) months per calendar year without the express written approval of the Town.
Where the provisions of this Paragraph 12 apply, the Town may require the Owner to rent
the Property or Unit in accordance with the provisions of Paragraph 14, below.
If at any time the Owner of the Property or Unit also owns any interest alone or in
conjunction with others in any developed residential property or dwelling unit(s) Iocated
in Eagle County, owner agrees to immediately list said other property or unit for sale and
to sell Owners interest in such property at a sales price comparable to like units or
properties in the area in which the property or dwelling unit(s) are located. In the event
said other property or unit has not been sold by Owner within one hundred twenty (120)
days of its listing, then Owner hereby agrees to immediately list this Property or Unit for
sale pursuant to the provisions ofParagraph l0 of this Agreement. It is understood and
agreed between the parties hereto that, in the case of an Owner whose business is the
construction and sale ofresidential properties or the purchase and resale ofsuch
properties, the properties which constitute inventory in such an Owners business shall not
constitute other developed residential property or dwelling unit(s) as those terms are used
in this Paragraph 13.
RENTAL
Owner may not, except with prior written approval of the Town, and subject to Town of
Vail's conditions of approval, rent the Property or Unit for any period of time. Prior to
Page 7 of 15
Innsbruck Condominiums 4
11.
t2.
13.
14.
Town of Vail
Deed Restriction
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occupancy, any tenant must be approved by the Town and Homeowners Association, if
applicable. The Town shall not approve any rental if such rental is being made by Owner
to utilize the Property or Unit as an income producing asset, except as provided below,
and shall not approve a lease with a rental term no less than thirty (30) days and no more
than six (6) months without clear and convincing evidence that a lease longer than six
months (6) is necessary. A signed copy of the lease must be provided to the Town prior
to occupancy by any tenant. Any such lease approved by the Town shall be equivalent to
the monthly expenses for the cost of principal and interest paymeNrts, taxes, property
insurance, condominium or homeowners assessments, utilities remaining in owners
name, plus an additional twenty dollars ($20) and a reasonable (refundable) security
deposit.
The requirements of this paragraph shall not preclude the Owner from sharing occupancy
of the Property or unit with non-owners on a rental basis provided Owner continues to
meet the obligations contained in this Agreement, including Paragraph I l.
INNO EVENT SHALL TI{E OWNER CREATE AN ADDITIONALDWELLING
LINIT, AS DEFINED IN THE TOWN OF VAIL LAND USE CODES,IN OR ON THE
PROPERTY.
NOTHING HEREIN SHALL BE CONSTRUED TOREQUIRETHE TOWN OF VAIL
TO PROTECT OR INDEMNIFY THE OWNER AGAINST A]'[Y LOSSES
ATTRIBTTTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF
LIMITATION)NON-PAYMENT OF RENT OR DAMAGE TOTIIE PREMISES; NOR
TO REQUIRE THE TOWN TO OBTAINA QUALIFIED TENANTFORTHE
OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER.
BREACH
In the event that the Town has reasonable cause to believe the Owner is violating the
provisions of this Agreement, the Town, by its authorized representative, may inspect the
Property or Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
after providing the Owner with no less than 24 hours written notice.
The Town of Vail, in the event a violation of this Agreement is discovered, shall send a
notice of violation to the Owner detailing the nature of the violation and allowing the
owner fifteen ( I 5) days to cure. Said notice shall state that the Owner may request a
hearing before the Town Manager within fifteen ( I 5) days to determine the merits of the
allegations. If no hearing is requested and the violation is not cured within the fifteen
( I 5) day period, the Owner shall be considered in violation of this Agreement. If a
hearing is held before the Town Housing Authority, the decision of the Town based on
the record of such hearing shall be final for the purpose of determining if a violation has
occurred.
15.
16.
17.
18.
Town of Vail
Deed Restriction rnnsbruck.""::fi:Jllt
LL|:1l,'.',u,"!r, tt''!,'j",JLJ!1]]|J:|JL|!||Jl]r
rrrl
o o oo
If the Town determines that there has been a violation of the occupancy standards, the
owner of the restricted employee-housing unit shall be found to be in non-compliance.
Penalties the Town may assess against the owner include eliminating resale gain (per
paragraph 7), and/or penalties found in the Town of Vail Municipal Code Section
1.01.100.
REMEDIES
There is hereby reserved to the parties hereto any and all remedies provided by law for
breach of this Agreement or any of its terms. In the event the parties resort to litigation
with respect to any or all provisions of this Agreement, the prevailing party shall be
entitled to recover damages and costs, including reasonable attomeys fees.
In the event the Property or Unit is sold and/or conveyed without compliance herewith,
such sale and/or conveyance shall be wholly null and void and shall confer no title
whatsoever upon the purported buyer. Each and every conveyance ofthe Property or
Unit, for all purposes, shall be deemed to include and incorporate by this reference, the
covenants herein contained, even without reference therein to this Agreement.
In the event that the Owner fails to cure any breach, the Town may resort to any and all
available legal action, including, but not limited to, specific performance of this
Agreement or a mandatory injunction requiring sale of the Property or Unit by Owner as
specified in Paragraphs 3,lO, 12, and 13. The costs ofsuch sale shall be taxed against
the proceeds of the sale with the balance being paid to the Owner.
In the event of a breach of any of the terms or conditions contained herein by the Owner,
his heirs, successors or assigrrs, the Towns initial listed purchase price of the Property or
Unit as set forth in Paragraph 6 of this Agreement shall, upon the date of such breach as
determined by the Town, automatically cease to increase as set out in Paragraph 6 of this
Agreement, and shall rernain fixed until the date of cure of said breach.
FORECLOSURE
The Town, pursuant to the Option to Buy attached hereto as Exhibit B, the terms of
which are incorporated in this Agreement by this reference as if fully set forth herein,
shall release and waive its ability to enforce the resale deed restrictions contained herein,
in the event offoreclosure or the acceptance ofa deed in lieu offoreclosure, provided that
said Option to Buy gmnts to the Town the option to acquire the Property or Unit within
thirty (30) days after the issuance of a public trustees deed to the holder (including
assigns ofthe holder) ofthe promissory note secured by a first deed oftrust for an option
price not to exceed the redemption price on the last day of all statutory redemption
19.
20.
21.
22.
25.
Town of Vail
Deed Restriction In nsbru c k ...::t-", :,,:: :
t'
tHlt',[r,rJl,'llL'u]l|,[lrH{lltrllf llllJil|||li-Ii'is-i is.oo o o.o0 N 0.00 Eeglc c0
o o oo
period(s) and any additional reasonable costs incurred by the holder during the option
period which are directly related to the foreclosure.
In the event that the Town exercise the option pursuant to the terms of that certain Option
to Buy, described above, the Town and/or its designee, may sell the Property or Unit to
Qualified Buyers as that term is defined herein, or rent the Property or Unit according to
paragraph 14 until such time that the Property or Unit can be sold to a Qualified Buyer in
accordance with the Town of Vail Affordable Housins.
GENERAL PROVISIONS
Notices. Any notice, consent or approval which is required to be given hereunder shall
be given by mailing the same, certified mail, return receipt requested, properly addressed
and with posting fully prepaid, to any address provided herein or to any subsequent
mailing address of the party as long as prior written notice of the change of address has
been given to the other parties to this Agreement.
Said notices, consents and approvals shall be sent to the parties hereto at the following
addresses unless otherwise notified in writine:
To the Town:Town of Vail Housing Division
75 S. Frontage Road
Vail, CO 81657
To be determined by a later recorded memorandum encumbering
each individual Property or Unit.
24.
25.
26.
27.
28.
To Owner:
Town of Vail
Deed Restriction
Exhibits. All exhibits attached bereto (Exhibits A and B) are incorporated herein and by
this reference made a part hereof.
Severabilit.v. Whenever possible, each provision of this Agreement and any other related
document shall be interpreted in such a manner as to be valid under applicable law; but if
any provision ofany ofthe foregoing shall be invalid or prohibited under said applicable
law, such provisions shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remaining provisions of such documents.
Choice of Law. This Agreement and each and every related document is to be govemed
and construed in accordance with the laws of the State of Colorado.
Successors. Except as otherwise provided herein, the provisions and covenants contained
herein shall inure to and be binding upon the heirs, successors and assigrrs ofthe parties.
rnnsbruck.-ilti""t #i
Ll_l|llllll ulllllll lllilt ilt il]ilt ilt il]t Lt ill735674 OE/OA/?OOO O2rS2? 372 Seie Frs-i:;'-l0 of 15 R 75.00 D O.OO N O,OO Eretc GO
o o oo
Section Headings. Paragraph or section headings within this Agreement are inserted
solely for convenience or reference, and are not intended to, and shall not govern, limit or
aid in the construction of any terms or provisions contained herein.
Waiver. No claim of waiver, consent or acquiescence with respect to any provision of
this Agreement shall be valid against any party hereto except on the basis of a written
instrument executed by the parties to this Agreement. However, the party for whose
benefit a condition is inserted herein shall have the unilateral right to waive such
condition.
Gender and Number. Whenever the context so required herein, the neuter gender shall
include any or all genders and vice versa and the use ofthe singular shall include the
plural and vice versa.
Personal Liabilitv. Owner agrees that he or she shall be personally liable for any of the
transactions contemplated herein.
Further Actions. The parties to this Agreement agree to execute such further documents
and take such further actions as may be reasonably required to carry out the provisions
and intent of this agreement or any agreement or document relating hereto or entered into
in connection herewith.
Modifications. The parties to this Agreement agree that any modifications of this
Agreement shall be effective only when made by writings signed by both parties and
recorded with the Clerk and Recorder of Eagle County, Colorado. Notwithstanding the
foregoing, the Town reserves the right to amend this Agreement unilaterally where
deemed necessary to effectuate the purpose and intent of this Agreement, and where such
unilateral action does not materially impair the Owners rights or any lender rights under
this Agreement.
Owner and S\rccessors. The term Owner shall mean the person or persons who shall
acquire an orvnership interest in the Property or Unit in compliance with the terms and
provisions of this Agreement; it being understood that such person or persons shall be
deemed an Owner hereunder only during the period of his, her or their ownership interest
in the Property or Unit and shall be obligated hereunder for the full and complete
performance and observance of all cov€nants, conditions and restrictions contained herein
during such period.
29.
30.
31.
32.
34.
35.
Town of Vail
Deed Restriction rnnsbruck ..J;T':1, :il :
r ililr lllll lllllll llll llllllltllllllll ll!-llllll lll llll
t{sdi{ gerczlzwg gzrsr 372 Sara Fl:rhcr
ii-ie ts R ?s.00 D o-00 t{ 0.00 Eaglc c0
o o oo
DECLARATIONBY THE TOWN OF VAIL
The foregoing Deed Restriction for the Occupancy and Resale of Unit 4, Innsbruck
Condominiums (A condominium) and its terms are hereby adopted and declared by the Town of
Vail.
TOWN OF VAIL
By:
Title
STATEOFCOLORADO )
)
COI_INTY OF EAGLE )
The foregoing instrument was acknowledged before me this I I aay ot
2qr> av ?n6r+ Vl l\cU'*i,r-
Witness my hand and ofhcial seal.
My commission expires:
Ellzabeth M. Salbr, NotaryR.6[c
Stata cf Colorado
My Commlrsbn Ex$tB !14EM
Town of Vail
Deed Restriction rnn sbruck .""titi,l?""J.1 i
ullllil[lHull|I![u{lllilLl]ilr lil m
12 of 15 R 75.00 D O.oO N o.oo E"gri-Co'
#::-%'. --* :
i..nu e Lro..t
l'......:J
o o oo
EXHIBITA
Permitted Capital Improvements
l. The term Permitted Capital Improvement as used in the Agreement shall only include the
following:
a. Improvements or fixtures erected, installed or attached as permanent, functional,
non-decorative improvements to real property, excluding repair, replacement
and/or maintenance improvements ;
b. Improvements for energy and water conservation;
c. Improvements for health and safety protection devices;
d. Improvements to add and/or finish permanenVfixed storage space; and/or
e. Improvements to finish unfinished space.
2. Permitted Capital Improvements as used in this Agreement shall NOT include the
following:
a. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets
and other similar items included as part of the original construction of the unit;
b. The cost ofadding decks and balconies, and any extension thereto;
c. Iacuzzis, saunas, steam showers and other similar items;
d. lmprovements required to repair, replace and maintain existing fixtures,
appliances, plumbing and mechanical fixtures, painting, carpeting and other
similar items; and/or;
e. Upgrades or addition of decorative items, including lights, window coverings and
other similar items.
3. All Permitted Capital Improvement items and costs shall be approved by the Town staff
prior to being added to the Maximum Resale Price as defined herein-
Town of Vail
Deed Restriction
Page 13 of 15
Innsbruck Condominiums 4
I lililt illt iltilil ilt il]il il lililt ilt illilt il Ltl7358?4 O8/O2/2OOO O2z52P 3?2 Sre Ftshcr
13 of t5 R 75.00 O O.OO N O.OO Eegtc CO
o o oo
EXHIBITB
OPTION TO BUY
In the event ofa foreclosure by the holder (including here and hereinafter assigns ofthe
holder) of the promissory note secured by a first deed of trust on Unit 4, Innsbruck
Condominiums known as2783 Kinnickinnick Road #4, Vail, Colorado 81657 (hereinafter the
Property), and subject to the issuance of a public trustees deed to the holder following the
expiration of all statutory redemption rights, the Town shall have the option to purchase the
Property which shall be exercised in the following manner:
a. Notice.
The holder shall give such notice to the Town as is required by law in the foreclosure
proceeding.
Said notice shall be sent by certified mail, return receipt requested, and addressed
as follows:
Town of Vail Housing Division
75 S. Frontage Road
Vail, CO 81675
Option to Purchase.
The Town shall have 30 days after issuance of the public trustees deed in which to
exercise this option to purchase by tendering to the holder, in cash or certified funds, an
amount equal to the redemption price which would have been required of the borrower or
any person who might be liable upon a deficiency on the last day of the statutory
redemption period(s) and any additional reasonable costs incurred by the holder during
the option period which are directly related to the foreclosure.
Title.
Upon receipt of the option price, the holder shall deliver to the Town a special warranty
deed, conveying the properfy to the Town. The holder shall convey only such title as it
received through the public trustees deed and will not create or participate in the creation
of any additional liens or encumbrances against the Property following issuance of the
public trustees deed to the holder. The holder shall not be liable for any ofthe costs of
conveyance to the Town or its designee.
b.
Town of Vail
Deed Restriction r n nsbruck
""i;';'i1""JJ
;
I LIilt ililt iltilil llt ilil| ]l lilllllllililt lil []
735E?4 O8/O2/2OOO O2t32P 372 Sere Flshcr
14 of 15 R 75.00 D O.gO N O.OO Erglc C0
o o o.
Release.
In the event that the holder is issued a public trustees deed and the Town does not
exercise the option to purchase, as provided herein, the Town shall cause to be recorded
in the records of the Clerk and Recorder of Eagle County a full and complete release of
the Deed Restriction for the Occupancy and Resale of Unit #4, Innsbruck Condominiums
(A Condominium) affecting the Property which appear in said records at Reception
Number . Such release shall be placed of record within 14 days after
demand therefor by the holder following expiration of the option and a certified copy of
the release shall be mailed to the holder upon its recordation.
Perpetuities Savings Clause.
If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or
options created by this Option to Purchase shall be unlawful or void for violation of:(a)
the rule against perpetuities or some analogous statutory provision, (b) the rule restricting
restraints on alienation, or (c) any other statutory or common law rules imposing like or
similar time limits, then such provision shall continue only for the period of the lives of
the current duly elected and seated Town Council of the Town of Vail, Vail, Colorado,
their now living descendants, if any, and the survivor of them, plus twenty-one (21) years.
Successors and Assigns.
Except as otherwise provided herein, the provisions and covenants contained herein shall
inure to and be binding upon the heirs, successors and assigns ofthe parties hereto.
Modifications.
The parties hereto agree that any modification to this option to purchase shall be effective
only when made by writing signed by both parties and recorded with the Clerk and
Recorder of Eagle County, Colorado.
d.
f.
Town of Vail
Deed Restriction
I ",t
'"'lr'l
Page 15 of tE'
Innsbruck Condominiums 4
| []il ililt il|l|il ilililIt il ilililil il1til ililil|
735E?4 0E/O2/2000t5 of 15 R 75.00 D
O2t52? 372 Sera Fleher
0.00 1{ 0.00 Eeglc C0
TOITIN OF VAIL
75 S. FRONTAGE ROADvArL, co 8L657
97 0 -479 -2138
APPI,,ICAI!'T PI,ATII CONSTRUCTION
DRAWER 5920, AVON CO 81620
COIiTTRACTOR PI.,ATH CONSTRUCTION
Phone. 970949L905
Phone. 9709491,905
vArL eo 81658
TOV/Comm. Dev.
Clean-uP De Refund
approved
amount
date
Sq Ft:
+of caa Log6:#of wooa/Pal let:
OI,IINER
DescripEion:
REROOF REMOVE SHAKES ADD SHINGIIES
occupancy: Rl Multsi-Family
T)T)e ConsE.ruct,ion: V 1-HR Type v L-Hour
T)4ge Occupancy:
Valuabion:22 , 076
Fireplace Informat.i.on: Resllicled: Y +Of
Add
cas Appl,iances:
Buildj.ng-- ---> 2'l5.AO
).1A.15
.oo
3.O0
Restuaranc Plan Rcvieir- ->
DRB Fee-- ---- --
RecreaEion Fee-- -- --- --->
cl.an-Up D.po6iu- - -- - -- - >
ToTAL FEES- - - -.
Totsal Calculatea Fees- - - > 605.75
Additional Fees-- ------ -> -20.o0
ToEal. Permits Fe€--------> 546.75
Plan chcck- - - >
Inveet i9a t. i. on >
vfi11 calI- - -->
. o0
50.00
100 .0 0
BAI,ANCE DUE----
BUILDING DEPARTMEI{T.fRM Action: APPR APPROVED
PLANNING DEPARTME}TT.JRM ACTiON: APPR APPROVEDFIRE DEPARTT.IIENTiIRM Action: APPR N/A
PIJBLIC WORKS
'JRM ACEiON: APPR N/A
Item:05100
08 /13 /LeeBItem:05400
08 /L3 /L998Item:05600
08 /L3 /L998Item:05500o8/L3/L998
Dept: BUILDING Division:
'JRM-DEPT: PLANNING DiViSiON:
PER- BW
DepL 3 FIRE Dj-vis j-on:
Depts: PIJB WORK Division:
See Page 2 of tshis DocumenE. for any conditions t,hac may apply to tshis permit.
I hereby ackhorLcdge thats f have lead chis application, fillcd ouE in full tshc infomation leled an
pl,an. and 6taEe Ehat all the information Provj.drd ae lcquiled i.6 correct. ! agree Eo cP information
to comply vith a1l Town ordinances and Etatc Lars, and to build lhi6 structule 'B zoning and
codce, ilcaign rcvie!, applovcd, Unifonn Building code and other oldinancc6 of the T
REQUESTS FOR INSPECTIONS SHAI]L BE MADE TWENTY- FOLN HOURS IN ADTANCE BT
s.nd clcrn-lrp D.Po.lt To, PtATlt
/a/s , p/k /O (J,*i/ Zttax frru.
DEPART!{EMT OF COMMTJNITY DEVELOPMENT
NOTE: THIS PERMIT MUST BE POSTED ON 'JOBSTTE AT ALL TIMES
ADD/AL,T MF BUILD PERMIT Permit #: 898-0227
'fob Address: 2783 KINNICKTNNTCK R.D status..
Location. . . | 2'77L KTNNTCKINNICK (BLDG Applied.
Parce1 No..: 2103-143-03-002 rssued..
ProjecE, No.: Expires.
DRAWER 5920, AVON CO 8L620
COLIJMBINE NORTH ASSOCIATES
? VAIL BKKPG & ACCTG, PO BOX t094,
PEE ST'I.,IMARY
585.75
accurale plot
and plot pl.an
6ubdivi Bion
FROM S:00 Al.l 5:00 PM
ISSI'ED
o8/L3/1"ee8
o8/]-4/L998
02/LO/1.999
lhereEo.
FOR HIMSELF AND O}INER
********************************:l***********************************************
CONDITIONSPermit, #: 898-0227 as of 0g/a4/99 SEaEus: ISSUED********************************************************************************
Permit T)pe: ADD/ALT MF BUITD PERMIT Applied: O8/L3/L998Applicant: PLATH CONSTRUqfION Issued: O8/14/L998970949L905 To Expirez 02/tO/L999
ilob Address:
LocaE.ion: 2771 KTNNICKINNICK (BLDG E)Parcel No: 2103-143-03-002
Description:
REROOF REMOVE SIIAKES ADD SHINGLES
Conditions:1. FIELD INSPECTIONS ARE REQUTRED TO SHECK FOR CODE COMPLIANCE.2. ALL PENETRATIONS IN V{IALLS,CEITINGS,AND FIJOORS TO BE SEALED
WITH AN APPROVED FIRE MATERIAL.3. SMOKE DETECTORS ARE REQUIRED IN AIL BEDROOMS AND EVERY STORY
AS PER SEC.121O OF THE 1991 I'BC.4. FIRE DEPARTMEIiIT APPROVAL IS REQUIRED BEFORE AIVY WORK EA}I BE
STARTED.
rt ttttra t i it a atttt t tt || *r I i ttt ttt f tt tt t t a t t
TOnN O? \tlID. COIORTDO
U
J a tt, ra rai ti r * a t t i t t r r * *
gtrt@rts
atrttt 't tttitt I t lirttt t
3s6.75 OEl1{/93 l0:35€trg.unC Nulb.r I REC-O{36 lnount !
Prtr!.nt ll.ttFd ! CK NoCrtions 21909 Inl.r, ! uAw
PcrEIc l{o !
P.reol lfo3
gLec.lddrc!!!
!ocr!ton3
Itrl. PrF.nc
Et8-0227 lypli l-UF
al03 -1{3-03-002
2783 l(r rCrIM|lCK RD
A.DD,/t!t UF BUtl,D PBR
2771 KIIINICKINNICK (BI.D<' B)
fbhl 1... !
386.?5 loErt ALIJ p!r.:
Brhncc:
5s5.75
53 5. 75
.oo
Aecounl Cod.
DR OOt 00o031122oO
BP 00100003111100
DR 00100003112200
PP 00100003112300
ID D2-DEPO3
t{c 001000031129o0
D..crlpglon
PRB PTID DEg RBV BOIRD
BUILDI}IG PERUIT FBES
DBAIGN REVIIW FBES
PIll CHAOC IEBS
C'.EIDII'P DEPOSITS
wIL& Cll|t nggPBctION FEE
fuounE
-20. o0
275 . OO
50. 00
L7 a.7s
100.00
3.00
l, uoncsct Eagle county e"""""orf f 1"" !y[ ac 970-3N:86!O _fgr Parc.el f . _ TOI{N OF VAfL CONSTRUCTION
lP
A M E L o'd' o =' qg
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"^"t"TL* :'iJESxy- ionu
PERI.IIT #
[ ]-Buitding 6 1-nturnllng I J-Electrlcat [ ]-Mechdnlbal I J-other
Job Name Job Address:
Legal Des Block FlIing sunorvrsrout
otners Name:
Architect:
Address:
Address:
Ph.
Ph.
General Description:-6'nF Sbtu-Ab,eWork Class: [ ] -New [ ] -hlteratlon .[ ]
4 t Lb-DdA4ZjItional [ ]-Repalr
Number of Dwelling UnLts:Nunber of Accommodatlon Units:
^ ljpnber and rype of Flrepraces: Gas Apprlances- .. , cas Logs_ wood/perret_v
,t********************************* VALUATTONS *********************************
iurr.orllc: r-"&76,@ Er,EqrRrcAL: s_ orHER: $PLWBING: $ uEcHANreAT.: $- m.,.nor..
-
PLUMBING: f MECHANICAT,:$ .
--- ToTAT.:-
t'*****************ttf*t***** .(:oNTRACTOR INFORMATION ***************************t Y:l:lll -
conrtracto " c-rown of vaf r nig. - i;: l;,6Address r- /)u-. ^
- phone-H"ru"",-4j
Electrical contracror: BQE -- O;LLZAddress:
Plumbing Contractor:
Address:
BUILDING PERMIT FEE3
PLUMBING PERMIT FEE:
MECHANICAL PERI.IIT FEE:
ELECTRTCAL FEE:
OTHER TYPE OF FEE:
DRB FEE:
.l Town of Vail Reg. NO.
Phone Number:
Town of Vail Reg. NO.
Phone Nurnber:
-
Mechanical Contractor:Address:
-
******************************** FOR
Town of VaiI Reg. NO.
Phone Number:
oFrrcE usE *******************************
BUILDING PI,AN CHECK FEE:
PLUMBTNG PI,AN CHECK FEE!
MECTIANICAL PI,AN CHECK FEE:
RECREATION FEE:
CI,EAN.UP DEPOSTT3
TOTAIJ PERMIT FEES:
BUILDTNG:
SIGNATURE:
ZONTNG:
SIGNATURE:
:tEq
CLEAN UP DEPOSIT X,EFII}|D TO:
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REF.T I3I
6L /66 / 1999 qtBr31 fIEOUESTS
TOI^JN OF VAIL,
- INStrECTN WORK
COLORADO
$HEETS FOR: l/ 6/t999
F.AGE 5
AREA: CD
flctivityr 89B-0IBP7 L/ 6/19
Acldress r E7B3 KINNICKINNICK
Loeationr E77l KINNICKINNICK
F,ar.ce I r E1O3-143-ttt3-BrAg
Descriptionr REROOF REMOVE SHRKES ADD
Appl icant : FLATFI CBNSTRUtrTION
Owner: CDLUI4BINE NORTH ASEUCIRTES
Contlactor: trLATl"l CONSTRUCTION
Gtatus: ISSUED Constrtl Al{FType r
RD
(8LDG E)
Occ r
SHIN6LES
F,hone l
Fhone:
Fhone l
Use: V l--lJR
979t949 19tZ'5
97fi949 19rzr5
Inspect i on Request
Reqr.rest or: STEVE
Req Tine: O8:OOIt Ems request ed to
a'atzr9'zr iBLDG-F i na I
Infornation. .,. .
Connents: BUILDING E -be Insoected. . . Act ion
Frhone:
NEEDS TO BE
Comment E
949- 1905
F INALED
Time Exp
Inspect i on History..,..
Itemr 00Sf{A driveway grade finalItem: ffUt0le BLDG-Foot ings/Stee1
Item : q@AeA BLD6-Foundat ion/SteelIten: OO5e0 trLAN-ILC Site Flan
I t ern : 0OB3O BLDG-Fram ing
Itenr Ctflt64q * * Not On File * *
Iten : 6645€t BLDG-Insnlat ion
It em: gtgrB6St BLDG*Sheetrcick Nai 1Itemr 06ta80 * * Not 0n File x *
Iten; o'A07A BLDB-Misc.
Iten : ora'agra BLDG-FinalIten: t?t05€Ct BLDG*Tenp. C/OItem: OE53l FIRE-TEI{P. ClOItFm: O'Zr53e PW-TEIYIF,. C,/0
Ibemr O05S3 PLAN*]EMF,. ClCIItem: AtD537 FLAN-FINAL C/0
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Project Application
Project Name:
Proiect Description:
conract person and enon" 7, L ^-/ D--L-
Owner, Address and Phone;
Architecl, Address and Phone:
77rs c/,'^.^, o(
LesalDescription,lot '.-3 , eb"x 4 , rnrn /u/ /r{t ,n'ou'- 4^^"
Comm€nts:
Design Review Board
Date 7-<-rz.
Motion by:
Seconded by:
DISAPPROVAL
Town Planner Staft Approval
O
".rri sed, 9/4/9L
DRB APPT.ICATION - Torftf oF \rArL, coroRN)o
DATE APPLICATION RECEIVED :
DATE OF DRB MEETING:
*t***r**ti
TSIS EPPIJIESIION }'ILL NOT BE ACCEPTEDI'NTIL AJ.L REQUIRED INFORI{ATION TS SI'BIIITTED**********
PROJECT INFORMATION:
A. DESCRIPTION:
,,.- .ruv )llg9?
I.
B.TYPE OF REVIEW:
New Construction ($200.00)Minor Alt.eration ($20.00)
Addition ($50.00)Conceptual Review ($0)
ADDRESSz ZTEZ ^r^frCia Rf>
LEGAL DESCRTPTION:r ^+ t2.
"vw
-z-_
Block
subdivision t/a,('T^tor^ ov^ta^*0 r'y-r !, ir.-5
If property is described by adescript.ion, please provide onattach to this application.
ZONING:
LOT AREA: If required, applicant
stamped survey showing lot area.
must. provide a current
OF AppLICANT: l^JdSng Address:
c.
n
meet.s and bounds legala separate sheet and
E.
F.
G.NAMEMaili
Ve'eedl
H.NAME OF
Mailing
APPLICANT' S REPRESENTATIVE :
Address:
I.
'4/l^F -
/( l2
2,'1 LY'5T '
NAME OF OWNERS:
JLMailins AflfJ
Condominium Approval if applicable.
DRB FEE: DRB fees, as shown above, are to be paid atthe time of submittal of DRB application. Liter, whenapplying for a building permit, please identify theaccurate valuation of the proposal . The Town of VaiIwill adjust the fee according to the table below, toensure the correct fee is paid.
FEE SCHEDULE:
-.FEE
t-33#
s100.00
$200 .00
$400.00
s500 .00
IRES ONE XEAR AATER FII{AI.
T IS ISSUED AITD CONSTRUCTION
TIITEOUT OWNER' S SIGNATI'RE
\t.
K.
yL
TY,V,t,
/t/('
c!_6\,,)
i DESICil
rPP8CIru.
STARTED.
0
0
0
0
0
0
\c,uA/?.o o Dotc6
*SIGTIATURE (S) :
)1" >
VALUATION
**NO APPLI
a
TTONIIPRE-APPLICA MEETING:
A pre-application meeting with a member of the planningstaff is strongly encouraged to determine if any additionalapplication information is needed. It is the applicantrsresponsibility to make an appointment with the staff todeternine if there are additional submittal requirements.Please note that a COMPLETE application will streamline theapproval process for your project.
III. ]MPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
A. In addition to neeting submit.tal requirements, theapplicant must stake and tape the project site toindicate property lines, building lines and buildingcorners. All trees to be removed must be taped. AlLsite tapings and staking nust be completed prior to the
DF{B site visit. The applicant must ensure that stakingdone during the winter is not buried by snow.
B. The review process for NEW BUILDINGS normally reguires
t.wo separate meetings of the Design Review Board: aconceptual approval and a finat approval . Applicantsshould plan on presenting Lheir development proposal ata mi.ninun of two meetings before obtaining finalapproval .
C. Applicants who fail to appear before the Design ReviewBoard on their scheduled meeting date and who have notasked in advance that discussion on their item beposLponed, wiJ.I have their items removed from the DRBdocket until such t.irne as the item has beenrepublished.
D. The following it.ems may, at the discretion of thezoning administrator, be approved by the ConmunityDevelopment Depart.ment st.aff (i.e. a formal hearingbefore the DRB may not be required):
a. Windows, skylights and sinilar exterior changeswhich do not alter the existing plane of thebuilding; and
b. Buildj.ng addition proposals not. visible from anyother lot or public space. At the time such aproposal is submitted, applicants must includeletters from adjacent property owners and/or fromthe agent for or manager of any adjacent
condominium association stating the associationapproves of the addition.
E. If a propert.y is located in a mapped hazard area (i.e.
snow avalanche, rockfall, fl_ood plain, debris flow,wetland, etc) , a hazard study nust be submitted and theowner must sign an affidavit recognizing the hazardreport prior to the issuance of a building permit.Applicants are encouraged to check with a Town pl.annerprior to DRB application to determine the relationshipof the property to all mapped hazards.
F. For aLl residential construction:
a. Clearly indicate on the floor plans the insideface of the exterior structuraL walls of thebuilding,. andb. Indicat.e with a dashed 1ine on the site plan afour foot distance from the exterior face of thebuilding wall_s or supporting columns.
If DRB approves the application with conditions ornodifications, aII condit.ions of approval must beresolved prior to Town issuance of a buitding permit
G.
L]ST OF MATER]ALS
NAME OF PROJECT:'n6so t
LEGAL DESCRIPTION: LOT_ BLOCK SUBDIVISION
STREET ADDRESS:
DESCRIPTION OF PRO.'ECT:
The. following information is required for submittat to the DesignReview Board before a final approval can be given:
A. BUILDING MATERIALS:
Roof
Siding
Ot,her WaIl Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashings
Chimneys
Trash Enclosures
Greenhouses
Other
TYPE OF MATERIAL COLOR
*f
B.LANDSCAPING: Name of Designer:
Phone:
PLANT MATERIALS: Botanical Name Comnon Name Ouantitv Size*
PROPOSED TREES
EXISTING TP€ES TO
BE REMOVED
*Indicate caliper for deciduous trees. Minimum caliper fordeciduous trees is 2 inches. rndicate hmtrees. Minimum heiqht for coniferous trees is G feet.
PLANT MATERII Botanical Name
PROPOSED SHRUBS
co*.ol*. ouantitv Size*.
EXISTING SHRUBS
TO BE REMOVED
*Indicate size5 qallon.
GROUND COVERS
soD
SEED
TYPE
OF IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
of proposed shrubs.
Tvpe
Minimum size of shrubs is
Square Footage
C. LANDSCAPE LIGHTING: If exterior lighting is proposed, please
shohr t.he number of fixtures and locations on a separatelighting plan. Identify each fixture from the lighting planon the list below and provide the wattage, height above -
grade and type of light proposed.
OTHER LANDSCAPE FEATUPSS (ret.aining walls, fences, swimmingpools, etc.) Please specify. Indicate heights of retainingwalLs. Maximun height of wall_s within the front setback ii3 feet. Maximum hei_ght of wa1ls elsewhere on the propertyis 6 feet.
D.
*
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owner. Address and Phone: i,t fi'h t t 7 '(C{'Lc-"n-t:"
Architect. Address and Phone:
it\i Legal Description: Lot
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Design Review Board
""," [\nq i, h(5-
aMotion by:
Seconded by:
ils DISAPPROVAL
4fishn frih
Town Planner
Date:
FV I <TT iIA TDrFq TN
!r,",, Approval
LIST OF MATERIALS
"IAME
0F PR0JECT:
LEGAL DESCRIPTION:
STREET ADDRESS:
DESCRIPTION OF P
The fo11owi ng
Board before
A. BUILDING
Roof
Si di ng
r' " /1 '
d<'-b/2,00'
I
information is required for submittal by the applicant to the Des'i gn Review
a final approval can be fiven:
MATERIALS: TYPE OF MATERIAL COLOR
Other Wa'l I Materi al s
Fasci a
Soffi ts
Wi ndows
llindow Trim
Doors
Door Trim
Hand or Deck Rails
Fl ues
Fl ash i ngs
Chimneys
Trash Enclosures
Greenhouses
0ther
c(t(
la
B. LANDSCAPING: Name of Designer:
phone:
PLANT MATERIALS:
PROPOSED TREES
Botanical Name Common Name
IXISTING TREES TO
BE REMOVED
Quan'ity Size*
for coni fers.
(over )
*Indicate caliper for deciducious trees.Indicate height
BUILDING DIVISION
P.O. BOX 609
PHONE:32e-7311
{*-,Nspe.f,oru '=d3[g9r-s=-) r€*u++++EAGLe(d ' '
DATE JOB NAME
TIME RECEIVED- AM PM CALLER
I ornen E panrrnl.
READY FOR INSPECTION
WED j rxun
't_ocATtoN
fl orsap, *ouro
rnr //.hn{rur
f] nErNsPEcrPPROVED I
! uponr rHE FoLLowrNG coRRECTToNS:
CORRECTIONS
DATE
BUILDING DIVISION
P.O. Box 179
PHONE: 328-7311
,NsPEtlL* ?J* =i!';"
oarc ! l. / I . .9/ . .--' JoB NAME
-Tf ME REcEf vE o (/',' ,l .a' fo*i ", 6ALLER
EAG
E ornen I pnnrrnu LOCATION
READY FOR INSPECTION
THUR
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,,.'r r 7-u.-:..-,
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drrRovE D
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CORRECTIONS
tr o,rorrRovED
FOLLOWI NG CORHECTIONS:
E nerNsPEcr
BUITDING DIVISION
P. O. BOX 789
PHONE: 328-6339
DATE JOB NAME
TIME RECEIVED- AM PM CALLER
rNsPEdfoN HEGTUEST
EAGLE couNrY / o)'tb
E ornen
MON
E panrrnl.1to"o1o" 1-' t ?
READY FOR INSPECTION
WED THUR 2)32 ^16)FRI
COMMENTS:
E]appRovED )E orsnppRovED E nerNsPEcr
fl upor,r rHE FoLLowrNG GoRREcnoNS:
CORRECTIONS
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EAGLE COUNTY
Eogle, Colorodo
OFFICIAL RECEIPT
our"Ool 4.rc7b
ITEM
Buildino Permit Fee
Application For
Subdivision
Zone Change
Conditional Use
Special Use
Variance
Aooeal Fee
Code: (Bu ilding) (Zoning) (Subdivision)
Total Received
All items are received for collection only
no-payment of any item.
AMOUNT
thi5 receipt shall be cancelled
RECEIVED
N9 1762 ,,42a'22 P/4,-l
Pllcf,ioN
>?71
PERMIT VALIDATION g.p/ M;o7 .^t ly'gRar'r'"1.6 / 7/o&'6zi E +
,NSPEcroR 6... 0;2 /01g.7 /,
WHEN PROPERLY VALIDATED (IN THIS SPACEI THIS IS YOUR PERMIT