HomeMy WebLinkAboutVAIL VILLAGE FILING 2 LOT 10 1976-2009 VAIL VALLEY MEDICAL CENTER LEASED PARKING AREA LEGALMEMORANDUM
TO: George Ruther
FROM: Nicole Peterson
DATE: January 27,2009
SUBJECT: A request for zoning analysis to determine development potential and verify any
ownership and encumbrances (covenants, restrictions, etc.) associated with Lot 10,
Vail Village Second Filing.
Zon s:
Property Information
Property Address 281 West Meadow Drive
Parcel #s 210106407009
Leqal Description Lot 10, Vail Villaqe Second Filing
Development Site Area Ac .42 (GrS)Sq Ft | 18,354.07 (GlS)Buildable | 18,354.07
sq Ft I tcrst
Zonins / SDD #General Use (GU) District
Land Use Designation Transition Area, defined in the Vail Land Use Plan as: The transition designation
applies to the area between Lionshead and the Vail Village. The activities and site
design of this area is aimed at encouraging pedestrian flow through the area and
strengthening the connection between the two commercial cores. Appropriate
activities include hotels, lodging and other tourist oriented residential units, ancillary
retail and restaurant uses, museums, areas of public art, nature exhibits, gardens,
pedestrian plazas, and other types of civic and culturally oriented uses, and the
adjacent properties to the north. This designation would include the right-of-way of
West Meadow Drive and the adiacent properties to the north.
Hazard Zones/ Wetlands None
Owner Town of Vail
General Use (GU) Zoning District Standards
Purpose The general use district is intended to provide sites for public and quasi-public uses which,
because of their special characteristics, cannot be appropriately regulated by the development
standards prescribed for other zoning districts, and for which development standards especially
prescribed for each particular development proposal or project are necessary to achaeve the
purposes prescribed in section 12-1-2, Purpose, Vail Town Code and to provide for the public
welfare. The general use district is intended to ensure that public buildings and grounds and
certain types of quasi-public uses permifted in the district are appropriately located and designed
to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in
the case of buildings and other structures, to ensure adequate light, air, open spaces, and other
amenities aoDrooriate to the oermitted tvoes of uses.
Permitted
Uses
Bicycle and pedestrian paths; Employee housing units, as further regulated by chapter 13;
Passive outdoor recreation areas and open space.
Conditional
Uses
Child daycare centers; Employee housing units as further regulated by chapter'13; Equestrian
trails; Golf courses; Healthcare facilities; Helipad for emergency and/or community use; Major
arcades; Plant and tree nurseries, and associated structures; Public and private parks and active
outdoor recreation areas; Public and private schools; Public and quasi-public indoor community
facilities; Public buildings and grounds; Public parking structure; Public theaters; Public
tourisVguest service related facilities; Public transportation terminals; Public unstructured
parking; Public utilities installations including transmission lines and appurtenant equipment:
Religious institutions; Seasonal structures; Ski lifts, tows and runs; Water and sewage treatment
olants.
Developm€nt
Standards
Development standards (including Setbacks, Lot Area, Height, Density, Site Coverage,
Landscaping and Parking) shall be prescribed by the Planning and Environmental Commission
as Dart of a conditional use permit application.
a:
Encumbrances/ Property History:
Staff found that there are several covenants and restrictions associated with Lot 10, Vail Village
Second Filing. For efficiency and readability, Staff has summarized the encumbrances and organized
the list by year of the adopted documents.
Januarv 8, 1963: Protective Covenants
Drafted and signed by: Vail Associales, LTD. (Pele Seibert and George Caulkins)
Term: Shall run with the land and be binding upon the owner, its respective grantees, successors,
and assigns. Duration: Until January 1 , 1999, "at which time shall be automatically extended for 5
successlve terms of 10 years."
The covenants place certain reslrictions on the use of tracts, blocks and lots of Vail Village Second
Filing, in order "fo maintain the character and value of real estate in Vail." The covenants in summary:o Formed a 'Planning and Architectural Control Committee' of 5 members/ owners
o The Committee shall approve any improvements to Vail Village Second Filing with 4 criteria:o Suitability of improvement and materials
o Nalure of adjacent and neighboring improvements
o Quality of materials
o Effect of improvement on the outlook of any neighboring property
o Land uses are designated by lots including the following statement with regard to Lot 10: "Ihe
numbered Lofs sha// be used only for pivate resrdences, each to contain not more than two
separate apartments"o There are also provisions for the following categories: Easements, signs, water & sewage,
trash & garbage, livestock, trees, setbacks, landscaping, area requirements, trade names,
temporary structures, continuity of construction, nuisance, and fences
o Amendments to the covenants shall be by 75o/o majority vote of all owners in Vail Village
Second Filing
March 25. 1963: Plat
Vail Village Second Filing Plat recorded.
December 30. 1976: Contract of Sale
This document was a ground lease and agreement to purchase Lot 10, and was later acted out in the
recorded deed, listed below. This document includes language that the Town of Vail would use the
premise (Lot 10) for recreational or governmental purposes.
March 29. 1977: Special Bond Election
Resolution 3, Series of 1977, authorized a special bond election that included the following question
(in part): Shall the TOV be authorized to defray fhe cost of aquiring 2 parcels: 1) Katsos propefty and
2) Lot 10, Vail Village Second Filing, to be used as open space and/or recreation and park land, not to
exceed $450,000. Side note: The bond also included a question regarding the ice-skating arena/
conference center not to exceed $2,500,000.
June 6. 1977: Deed Recorded
Town of Vail purchased Lot 10, Vail Village Second Filing from Tom Steinberg, William Holm and
William Bevan for $70,000.
Mav 5. 1986: lDeveloomentl Aqreement
By and between: Town of Vail (TOV) and Vail Valley Medical Center (WMC)
o WMC must obtain CUP for exoansion
o WMC must provide 22Q parking spaceso To assist in said parking requirement the TOV will lease Lot '10, Vail Village Second Filing to
WMC
Mav 5. 1986: Lease Aqreement
By and between: Town of Vail (TOV) and Vail Valley Medical Center (WMC)
Term: May 1, 1986 to April 30, 1987 and automatic renewal unless either party shows intent to
discontinue lease 60 days prior to the end of the lease term.o WMC shall pay TOV $10.00 per year to lease Lot 1 0
o WMC shall asphalt, stripe and landscape according to approved plans and must maintain
said improvements in a clean, safe and orderly condition
o WMC shall be responcible for all expenses and costs associated with the use of Lot 10
including insurance and damages to property or injuries or death of persons
o WMC shall dedicate 15 parking spaces for use by the TOV
o TOV may terminate use by WMC, if in its sole discretion, the premise is needed for TOV use
(180 days written notice to WMC)
Aoril 28. 1998: Title Search
By: Land Title Guarantee Company
Exceptions are listed in Schdule B - Section 2 in summary:
o Right of proprietor lo extract ore as reseryed in US Patent recorded September 4, 1923, in
book 93, at page 98o Right of way for ditches or canals as reserved in US Patent recorded September 4, 1923, in
book 93, at page 98
o Restrictive covenants which do not conlain a forfeiture or reverter clause, but omitting
restrictions based on race, color, religion, or national origin, as contained in instrument
recorded January 9, 1963, in book 174, alpage 431o Easements, reservations and restrictions as contained on the recorded map of Vail Village
Second Filing
o Terms, conditions and provisions of easement deed recorded November 1, 1982 in book 348,
at page 5
Attachments:
A. Vicinity Map
B. Vail Village Second Filing
C. Lot 10, Vail Village Second Filing
ATTACHMENT A: Vicinitv Mao
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LAND TITLE GUARANTEE COMPANY
CUSTOMER DISTRIBUTION
our order No.: v260989April 28, 1998
Propertsy Address:
LOT 10 W 2ND/NO. 39
/rowu oF vArL
75 S. FRONTAGE RD.
vArL, co 81-657
AtsTN: PATTY
Copj.es : 1-
April 28, 1998
Buyer/Borrower:
Se1ler/Owner:
ProperEy Address:
our order No.: v250989
VAIL, A COLORADO MUNICIPAL CORPORATIONTO![N OF
LOT 10 W 2ND/NO. 39
If you have
contacL one
For Closing Assisuance:
anv incruiries or require further
of Lhe-numbers listed below:
assistance, Pleaae
For Title Assisgance:
JILL WELLS
108 S. FRONTAGE RD W.
VAIIJ, CO 81658
Phone z 97O 476-2251
Phone:
970 476-4534
Phone:
Fax:
Fax:
TIIANK YOU FOR YOI'R ORDER!
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
CHICACO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability
and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy
or policies committed for shall issue, whichever fint occun, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by
an authorized officer or ag9nt.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become
valid when countersigred by an authorized officer or agent of the Company, all in accordance with its By-Laws.
This Commitment is effective as of the date shown in Schedule A as "Effective Date."
CHICAGO TITLE INSURANCE COMPANY0rz
,/ President
ISSUED BY:
LAND TITLE GUARANTEE COMPANY
108 S. Frontage Rd. W., Suite 203
P.O. Box 357
Vail, Colorado 81658
(970) 476-2251 FAX (9?0) 476-4534
Authorized Officer or Agent
F.2880 CTIRB: 5-l-75
CHICAGO TITLE INSURANCE COMPANY
AI,TA COMMITMENT
SCHEDULE A
Our Order # V26O989
For Informat,ion OnIY
LOT L0 W 2ND/NO. 39
- Charges -Alta ownet-n?ti3{orJ - -
*** THIS IS NOT AN IM/OICE, BUT AN ESTIMATE OF FEES. WHEN REFERRING
ToTIIISoRDER,PtEAsEREFERENCEoI'RoRDERNo.v250989
MAKEcHEcKsPAYA3LEToLANDTITLEGUARAN|EECoMPAI{Y***
1. Effect.ive DaEe: March 27, 1998 at 5:00 P'M'
2. Policy to be issued, and proposed Insured:
frALTAt' Owner's PolicY !O-t1-92
Proposed Insured:
TOWN OF VAIL, A COLORADO MUNICIPAI CORPORATION
3. The esEaEe or interest in the land described or referred to in
trhis CommitmenE and covered herein is:
A Fee SimPIe
4. TiUIe to the esuaEe or int,eresE covered herein is aE Ehe
effective date hereof vesEed in:
TOWN OF VAIL, A COLORADO MT'NICIPAL CORPORATION
5. The land referred to in chis commitment is described as
follows:
I,OT ]-0, VAIL VILLAGE SECOND FILING, ACCORDTNG TO THE RECORDED
PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO.
PAGE 1.
CHICAGO TITLE INSURANCE COMPANY
ALTA COMMITMENT
SCHEDULE B-SECTIONl
' (Requirements) Our Order # V260989
The following are the reguirement.s to be complied with:
Item (a) Payment Eo or for the account of the granLors or
mortgagors of Ehe full consideration for the estaEe or j-nEerest
to be insured.
rtem (b) Proper instruments(s) creaEing the estate or interesE
t,o be insured musL be execuE,ed and duly filed for record, to-
wit:
It,em (c) Pa)mene of all taxes, charges or assessments lewied
and assessed against the subject premises which are due and
payable.
ftern (d) Additional requirements, if any disclosed below:
TIIIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PT]RSUANT HERETO.
NOTE: EFFECTIVE SEPTEMBER L, 1997, CRS 30-10-406 REOUIRES
THAT ALL DOCIJIVTENTS RECETVED FOR RECORDING OR FII,ING IN THE
CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT
LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT
LEAST ONE-HALF OF AN INCH. THE CLERK AND RECORDER MAY
REFUSE TO RECORD OR FILE ANY DOCI]MENT THAT DOES NOT CONFORM,
EXCEPT THAT, THE REQUIREMENT FOR THE TOP MARGIN SHALL NOT
APPLY TO DOCIJMENTS USING FORMS ON WHICH SPACE IS PROVIDED
FOR RECORDING OR FILING INFORMATION AT THE TOP MARGIN OF THE
DOCI]MENT.
NOTE: EFFECTM JANUARY 1, 1993, CORPORATIONS THAT DO NOT
MAINTAIN A PERMANENT PLACE OF BUSINESS IN COLORADO, AND
NONRESIDENT INDIVIDUALS, ESTATES AND TRUSTS WILL BE SUBJECT
TO A COLORADO WITHTIOLDING TAX FROM THE SALES OF COLORADO
REAL ESTATE IN EXCESS OF $]-OO,OOO.OO. THE WITHHOLDING TAX
WILL BE THE SMALLER OF TWO PERCENT OF THE SALES PRICE OR THE
NET PROCEEDS FROM THE SALES OF THE REAL ESTATE.
THE TAX WILL BE WITHHELD BY THE TITLE INSURANCE COMPANY OR
PAGE 2
CHICAGO TITI.,E INSURANCE COMPATVY
ALTA COMMITMENT
SCItEDttLE B-SECTION1
(Requirements)Our Order # V250989
ITS AGENI AND SUBMITTED TO T'IIE DEPARTMEITT oF REVENUE' WHERE
IT WILL BE CREDITED TlO TITE SEI,I,ER'S INCOME TA)( ACCOIJNT AS AN
ESTIMATED TAX PAYMENT. TI{E SELI'ER CAI{ CI.'AIM CREDIT FOR TI{E
siirMArsp pAyMENt AcAINsT TIIE INCOME TAx L,IABIL,ITY wIIEN HE
ORSHEFII,ESACOI,ORADORETT'RNFORTHEYEAROFTHESALE
PAGE
CHTCAGO TITLE INSURANCE COMPANY
ALTA COMMITMENT
SCHEDULE B-SECTTON2
(ExcePE.ions) Our Order # V250989
The poticy or policies to be issued will contain exceptions to the
following matEers unless the same are disposed of to the
saEisfacEion of the Company:
1-. Rights or claims of parties in possession not shown by the
public records
2. EasemenEs, or claims of easements, not shown by Uhe public
records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facEs which a correcL survey inspecEion
of Ehe premises would disclose and which are noL shown by the
public records.
4. Any lien, or rights t,o a lien, for services, labor or maEeriaf
heieE,ofore or hereafEer furnished, imposed by Iaw and not shown
by the public records.
5. Defects, 1iens, encumbrances, adverse claims or oEher matEers,
if any, creaEed, firsE appearing in the public records or
atuaching subsequenE, to the effective daLe hereof but prior to
the daEe the proposed insured acquires of record for value the
esLate or interest or morLgage Ehereon covered by this
commiEmenE.
6. Taxes or special assessments which are not shown as existing
]iens by Lhe public records.
7. Liens for unpaid waler and sewer charges, if any.
8. In addition, Ehe owner's policy will be subject to the
mortgage, if any, not.ed und.er iEem one of Section 1 of Schedule
B hereof.
g. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOIIND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN T]NITED STATES PATENT RECORDED SePTETTIbCT 04, ]-923 , IN BOOK 93
AT PAGE 98.
].0. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AIITHORITY OF THE
UNITED STATES AS RESERVEb IN T]NITED STATES PATENT RECORDED SEPT.EMbCT 04,
1923, IN BOOK 93 AT PAGE 98.
PAGE 4
CHICAGO TITLE INSURANCE COMPANY
AI.TA COMMITMENT
SCHEDULE B-SECTION2
(ExcepEions) Our Order # v260989
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE'
BUT OMITTING RESTRICTIONS, IF AIIY, BASED oN RACE, COLOR, RELIGION, OR
NATIONAT ORIGIN, AS COMTAINED IN INSTRIJMENT RECORDED JANUAry 09, 1963, IN
BOOK 174 AT PAGE 431.
12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS CO\TTAINED ON THE RECORDED MAP
OF VAIL VU,LAGE SECOND FILING.
]-3. TERMS, CONDITIONS AI{D PROVISIONS OF EASEMENT DEED RECORDED NOVETNbET 01,
1982 IN BOOK 348 AT PAGE 5.
PAGE 5
IJAND TITI,E GUARANTEE COMPANY
DISCLOSURE STATEMENT
Required by SenaEe Bill 91-14
Required bY SenaEe Bill 92-143
A) A CerElficate of Taxes Due listing each Eaxing jurisdict'ion
shaLl be obeained from Ebe county Treasurer or the counEy
Treasurer's auBhorized agents.
A) Ttre subject real properEy may be located in a special Eaxing
dist,ricE.
B) A Cergificate of Taxes Due listing each taxing jurisdiction
may be obtsained from Ehe County Treasurer or Ehe County
Treasurer' s autshorized agent.
C) The informatsion regarding special disEricts and the boundaries
of such districts may be obLained from the Board of county
CommissiOners, the County Clerk and Recorder, or the CounEy
Assessor.
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AGREEI,IENT
THIS AGREEMENT is enrered into on 7/b4J g , 1985gby and berween rhe TowN oF vArL, coroRADffi"i;;icorporation ('the Town") and vArL clrNrc, rrirc., d/b/a vArL vALiEr,'iv.t'-,rcr'Lren ( -E,ne 'rown" ) and vArL clrNrc, rNc., a/b/a vArL vALLEyMEDTCAL CENTER' a ffffi* non-profit corporation i'itre nolpirai;1.
I. RECITALS
'1 . The Hospitar. is the owner and operator of a hospitarfacility located within the pubric use zone district, of the Town ofVail and wishes to expand said trospital facility.
2. In order for the Hospital to expand, it must firstobtain a conditional use permit frorn the Town.
3. As a part of the issuance of the conditional use pernitthe To\.rn is obti-gated to est,abrish off-street parking and loadingreguirernent,s for the Hospital expansion.
4. The Town has established a toEar parking reguirenent forthe Hospit,al of two hundred twenty (ZZO\ paricing spaces.
5. rn order to help the Hospital furfirr the off-streetparking reguirenents established uy the Tordn, thl rown is willinqto lease certain property owned uy it to rhe rio"pi1"r- r"a"i ;;;i;;iterms and conditions set forth herein
6. To further enabr.e it, to meeL the parking reguirement,sthe ltospital wilL provide for a certain a.ounf of vilet ir"rri"g itthe on-site parking lot and in addit,ion will lease a cert;in ,rufroJ,of off-site parking spaces.
II. AGREEMENT
1. The Town hereby issues the Hospitalpermit for the eonstruttion of a hojpitalconstructed as set forth in the plans on -file
Developnent DeparLrnent of the To$rt in accordanceconditions hereof.
2. As a condition to the issuance of the conditionar usePglli.t the Hospital agrees to provide a toraf of two hundred i;";tt(220.). p"lrilq -spaces to meet the parking demands of the existininosprEaJ. tacility as well as this proposed hospital expansion
a conditional usefacility to bein the Connunitywith the terms and
3. In orde.r to h.eIp the Hospital meet its parkingrequirenents pursuan_t to this igreement, the Town hereby a!.ees t;lease to the Hospital Lot 10, v;it Vilrage sectno Firing', c6,uniy otEagre, state of cororado. The parties jhall enter int6'a leas6 inthe forn of Exhibit e attach6d hereto and made a part of thisagreenent by reference. prior to the issuance of any uuiltai.ng p.r*itfor this. hospitar addition. upon ternination of ihe Lease-f5r anyreason whatsoever, th_e Hospital will be responsibre for replacin!11r parking spaces leased from the Town or- vait within tie timifrane set forth in paragraph. 6 so that the total number of parkingspaces available to the Hospital is not dirninished.
4. The Ho.spital -hereby agrees to provide eighty five (g5)on-site spaces which would ue utiiized exciusiveiy fo-r 'ivalet" ivpiparking, as more -parti.cularly set forth in the d-iagran . rilea wiiir
!h.e..P.l anning and Environrnenlal comrni.ssion and attached hereto asExhibit B and made a part of this agreement, by reference.
5. The HospiEaI agrees to lease twenty-nine (29) off_siteparking spaces fron the Sun vail Condominium As'sociation until suchtime that said twenty-nine (29) spaces may be provided on-site. Atits option, the Hospital may initially reise tirese twenty-nine (29)spaces fron Manor. vail Lodge, or any other entity insfead of'sunvall provided that any leaJe'of pariing "p."." otn"r than at sunVair must, be con-tingent, upon the approval of the Town pursuant tosection l8-52-170 of the Town's zon-ing ordinance and abpro"ea uv!1" Pranning and Environmental conmisLion. Any such decision of!h" Pl anning and Environmenta] conmission may bi appealed to theTown council with.in ten (r0) days by writien noiice or appeai.This appeal shar1. be _heard by t,he-Town councir within tr,i.ii-iloidays, unJess continued for aaOitional information
The off-site_ parking spaces shall be used onry by 'emplbyeesof the Hospital .and neither patients nor visitors to tie n6spitarsha]l be entitled to use such spaces. upon the presentation uy tneHospital to the Town of an executed rease of binding "Jti6n
-1"
lease the twenty-nine (291 spaces as provided above, tha tbwn wiiiis99e a .bu_i_lding permit for the Hospilalrs proposed addition. enuoption shall be exercised by the Hospital withln its terns ano tiriHospital sha1l present a copy of the lease for the twenty-nine (29)spaces as soon as the same is executed.
on the first day of each subsequent ski season at vaill'tountain that the Hospit.ar is .requir".d eo provide twenty-nine ( 29 )off-site spaces, the Hospital will present to the Tovrn' anappropriate rease for the twenty-nine (29) spaces frorn Lhe sun vailCondominium Association or othei duly approv-ed lessor.
./ I lt<'- Y
6. rhe vaLet/nark;g service and the use gf the off-siteparking spaces sha.rl (onry ue -required' tor enfioyees worring the day
::: t :
"
:t,, :l:.. t::f i-::|: 1!g i ri".u11 v 1
-"" i ul5, -ir,J orf _ si te parkinsnor the vaLet oarking service sharl be required a,iii.g'r;"T;liii:when vail Mouitain -is -;ot-in-'operation for the use of skiers.shoul'd the Hospirar fair ro provi-de eirher tne oir-sit! pirii.g-iiwerr as the varet -parking "eriic" as set forth and required by thisagreernent it shall, within one year, commence construction of aparking structure, or provide'an arternative-pran for on-site
t::l-tig^^t-r !_e. approved b-v rhe Town in """oiain"" wirh exisringoro:.nances and eri ter ia.
7. The .H:^"pit:l agrees rhat ir will not provide anycompensation to its emproyeei for t,he purch.J oe a tbwn or viirparking pass. Furthef, rhe Hospid"i-;;;;u; ro assune soteresponsibili.ty for the monitoring ano- contrJirinj theii "rnprtv"""'use of on-site parking
8. The Hospital agrees that should it proceed with anaddit.io.nal expansion beyond that indicated "; lh" prans subnittedby Fisher Reese and Johnson dated october 25, 19g5, arl requiredparking including the cwo hundred twenty (2201 spaces required for!h" present expansion as welr as any- addirionir "pu""J-i"e"ii"afxgc* further expansion shal1 be provid6d on_site.ko( '
9. Attached hereto as Exhibit c is the formula used toarrive at the two hundred twenty. (220) parking space requirenentlot t-he hospi tar expansion. irr" purties uiaerstand that thisformula shalr be evaruated from time- co ii*"--ouiing ct "- i".r. "Jr
this agreement to deternine whether ttre- plrring requirement isapP-rgpriate. conse.quentry, this formura'miv not be the oneutiLized when determinin-g_.tie parking requirenre'nts for any futurehospit.al expansions or ad-dit.ion3.
10. Failure of the Hospital to.perform, keep and preserveany of the ternsr covenant,s or condiiions contained in thisagreenent which shall continue for ninety (g0) days after writtennotification thereof shal1 constitute a ddfaulL of this agreement.
11. Because of the uncertainry and difficurty of measuringactual damage for each day rhe Hospiiar is i;-;";;;1J;;;-.;;;;;the .p_arties agree that [tre Hospiiat--snar r "pJ, to the Town asliquidared damaqes and. as a penllty the "u,n' o'r ritty- t Ssb'. oo jdorlars-per. day-for each oay frre Hospital is in defaurt under theterns of thi.s agreement.
+1-"
,
provi de
t2.
the
Thls agreement sha'l'l terminate when the
two hundred twenty (220) requlred parking
VAIL CLINIC,
VAIL VALLEY
Hosplta'l is able to
spaces on-site.
INC. d/b/a
MEDICAL CENTER
aro
Chainnan -Board of Dlrectors
4
I
Exhibir A
LEASE AGREEMENT
Ttlrs LEASE AGREEMENT is made and entered into by and betweenthe TowN oF vArL' coLoRADo, a colorado *uniJif"i--"orporation (,,theTOWN'I) ANd VATL C.LINIC, rNC.., d/b/A VAIL VALI;EY MEDICAL CENTER, Aggklr:4€ non-prof it corporation ("'the f,el""e;i. -
TcVfl5
WHEREAS, the Town wishes to lease to the Lessee and theLessee wishes to rease from the Tosrn certain property moreparti.cularry described below to enabl.e and to assist the Lessee inmeeting it-s. parking.requirements as required by the Tovrn of vailzoning ordinances in connection witri the L'essee,s pr"poJ"-expansion of the Medical Center.
Now' THEREFORE, in consideration of the mutual promises andcovenants contained herein, the parties agree as folLow-s:
1. Lease premises
The Town leases to the Lessee and the Lessee hereby reasesfrom the Town the.property described as Lot 10, vail virragl a;;;;Filing, situated in the Tbwn of vail , county or nagre and-state-oicolorado. ("the premises") This property i-s showri on the diagrirnattached hereto as Exhibit A.
2. Term
The term of the lease shall bg ,f1rq one year corunencing on, 1985 and ending on , 1987, unlesssoc{fier terrninated as hereinaf teffii.""" 'it
"ir
-["
automatically renewed for subseguenL one year terns unless eitherparty gives written notice to th; other ot- its intent not to renewno later than 60 days prior to the end of the lease tertn.
3. Rent
The Lessee agrees t.o pay the Town a rent of ten dorrars($10-00) per annum, payable in -ad-vance at the Tolr,n Finance offices.
4.
. During the initiar tern of this rease, the Lessee sharrinprove rhe premises by asphalting ;d -"*l;i."; the surface andlandscaping in accordance _wilh plani which naie -ueen approved bythe Town. The Lessee shar.l. mai-ntain and repair such iiiro.r.tn.rri3and the Premises in genera] as necessary auiing the tern of thelease .
3.AI terations
After entering into possession of the prenises, the Lesseeshall make no alterations, additions or inprovenents in or to thePremises other than the improvements, maintenance and repairdescribed in Paragraph 4, above, without the Townrs prior writtenconsent. The Lessee shall pay or cause to be paid alr costs forwork done or caused to be done by it in or to the prenises andLessee shall keep the premises free and cl.ear of all nechanicslliens and other liens on account of work done for the Lessee orpersons cl aiming under it.
5. Condition of premises
The Lessee agrees to keep the leased premises in a clean,safe and orderly condition at aIl times and will so use thePrenises as not, to injure it or damage it except as such danage mayarise out of ordinary wear and tear resulting from lawful use 1n
accordance with the terms of this lease agreement.
7. Expenses and Costs
During the tern of this lease the Lessee shall pay all costsand expenses relating to the Lesseers use of the premises or theinprovernents thereon which may arise or become due.
8. Indemnification
The Lessee agrees to release, indennify and save harmlessthe Town, its officers, agents, enployees and CounciL members fromand against any and all loss of or darnage to property or injuriesto or death of any person or persons, including property andemployees or agents of the Town, for which the Lessee may be heldlegally responsible in connection with its operation of or its useor occupancy of the leased prenises. The Lessee shall defend,indemnify and save harmless the Tovrn, its officers, agents,employees and Council members, from any and all claims, damages,suits, costs including attorneys fees, expenses, Iiability, actionsor proceedings of any kind or nature whatsoever or by anyone
whomsoever in any way resulting from or arising out of, directly orindirecLly, any act, or onission of the Lesseb in connection withits operation of or its use or occupancy of the leased prenises andincluding acts and omi.ssions of the Lesseers officers, employees,representatives, suppliers, invitees, contractors and agents. -
Tt,
9.fnsurance
Lessee covenants and agrees that it wil1, during the term ofthis agreenent, extend and maintain its existing c6mprehensivegeneral liabirity coverage in amounts not less than five hundredthousand dollars ($500,000) for bodily injury to or death of anyperson or persons or damage to property in connection with thaPremises. The Lessee sharl turnisrr frre iourn a certified copy ofsaid po1 icy or poricies. said poricy or policies shall inctudd theTown as an additional insured with respect to the premises. A1 Isuch policies shatl contain a provision that the same nay not becancelled or rnateriarry changed or artered with respeci to thePremises without .first giving thirty (30) days' pfior writtennotice sent by registered rnait to the iown.
A. rf the Lessee is in defauLt in the performance of any oft'he covenants , terrns or cond itions of this iease the Town slrar1give t,he Lessee written notice of default, specifying the default.If such default is not cured within thirty tgO) aiys-after writtennotice thereof is received by the Lesseer- the Town- shall give theLessee fifteen (15) daysr written notice of termination. At theexpiration of such fift,een (15) day period, this lease sharlterminate as completely as if it were the- date definitely fixed ioithe expiration of the tern of this lease and the Lessee stratl tnen
10. Use of Prernises
The Lessee agrees not, to use or permit the premises to beused .for any purposes prohibited by the laws of the united statesor the state of col.orado or ordinances of the Town of Vai1,provided that, during the term of t,his lease, the Town of vaiishall not pass any ordinance which would restrict or prohibit theLessee from using the premises for the purposes contlmprated bythis lease.
11. Town parking Spaces
The Lessee agrees to provide fifteen (15) spaces for theTgwnf its agents and enployees to use within the rnairi parking areaof the-Hospital . Lessee shalr develop a systern assuriirg tha[, rownof vail -enproyees, officers and agends snitt have access to thecars parked in the nain parking area which system shall be reviewedand_ approved by the Tovrn of vail prior io the issuance of aburrding permit for the proposed addition to the vait vatleyMedical. Center.
12. I,esseers Default and Ternination of the Lease
surrender the premises to the Tosrn. rf this lease shaLl sotermi'nate it shatl be lawful for the Town at its option, "itr,"uifornar denand or lot_i.ce of any kind, to reenter the feased pi"p.iivby any means, incrudi.ng force, and to remove the Lessee therefromwithout being liable for any damages therefor.
B. rn addi.tion, the Town reserves the right to terminatethis lease if in its sole discretion the pi"*i""" are needed forTown of vail use or improvements. rn such 6vent, the rown shalr beobli'gated to give the Lessee one hundred eighty (1g0) days priorwritten notice of such termination.
13. Assignnent
Thi's lease sharr not be assignable without the prior writtenapproval of the Town.
14. Expiration
At the expiration of this rease the Lessee wilL deliverpossession of the property and all improvements thereon to theTown.
15. Written Modifications
No modification, release, discharge or a waiver of anyprovisions hereof sharl be of any force, efiect or varue unless inwriting signed by the Tor{rn and th-e r,essee.
16. Entire Agreement
This document and its Exhibits contain the entire agreenentbetween the Town and the Lessee as of the date of signing- ."a -ii
may onry be amended by written agreement signed by the -part1es.
17. Notices
Arl notices reguired or permitted to be sent under thisLease Agreement shalt be derivered by personar delivery or btregistered mai1, return receipt requested, as folLows:
To the Town!
W
Tovrn l'lanager
Town of Vailffif
To the Lessee:
Admi ni strator
Vall Valley Medical Center
181 b|est Meadow DriveVail, C0 81658
day of
TOhIN OF VAIL
WHERE0F,_!!e parties so sign this agreement thls gd
, 1986.
VAIL CLINIC, INC. d/b/a
VAIL VALLEY I4EDICAL CENTER
nce;
Chairman - Board of Dlrectors
ooffi*
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e':t
RESOLUTION NO.
Series of fTTf-
A RESOLUTION AUTIIORIZING THE ACTING TOWN
I{ANAGER TO EXECUTE A LEASE AND AGREEMENT
TO PURCIIASE BETWESN THE TOWN OF VAII, AND
THoI.IAS I. STEINBERG, }IILLIAM A. TTOLM AND
TVILLIAM A. BEVAN FOR THE LEASE AND
PURCHASE OF LOT 10, VAIL VILLAGE SECOND
FILING
nHEREAS, Thoras I. steinberg, wllliam A' go]ln and
willlatn A. Bevan no\d o$tn Ipt 10, vail villager Second Filing,
aaljacent to site 24t
vlttEREAs, the Town council is of the opinion that
the acguisition of Lot 10 is necessary to reloLate the public
roacl and utilities that cross Site 24 anal for the prope! and
ful1 use, enjo)ment and development of Site 2tl; antl
llttEREAS, the Town Council is of the opinion that the
purchase of Lot 10 is in the best interest of the residenls of
the Town of Vail and that the agreement between the Town and
the o\tnerg of l.ot 10, as evidenced by the attached Glound Lease
and Agre€nent to Purchase, shouldl be aPProvedt
NOW, THEhEFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF TgE TOWN OF VAIIJ, COLORADO ' THAT:
(1) The Tovrn Council hereby authorizes the Acting
Town Manager to execute the Proposed Ground Lease and Agreemen!
to ttrchase attached hereto as Exhibit "A" and the Town Clerk
to aLtest to said execution and affix the seal of the Town
thereto.
(21 Thls resolution shall take effect upon it6
aaloptj.on.
INTRODUCED ' READ, APPROVED, AND ADOPTED ' THTS lst
day of FebruarY, 1977.
ATTEST:
:l
,
l
Effi-ETerF
Bcordod ."-- -.-lo.--o'clock.-.-p---M.,'--iune--J'o r-*%D*.-_'-'-
BecepHoa No-.U256I-..-..l.'[a:nre l 'l R- Barz F.rlor{c.
Tns Dnro, uedotttr 6th ilry ot June ,lg 77
Holm,bctrroco Thomas I. Steinberg, William A.
and William A. Bevan
d6c
Couaty od Eaqle aad State ot Colorgdo, of tho liEt prrl rad
The Town 5f vai1, a Colorado Municipal
Corporation
ol the County of Eagle rnd
State of Colorado, of tho recond. part:
LOT 10
VAIL VILLAGE, SECOND
TO THE RECORDED PLAT
TOWN OF VAIL
STITT IOC|J|||TIIIIRY TIt
JUN Lf.,'77,
FILING ACCORDING
THEREOF"
(no documentary fee required in accordance with C.R.S.
39-l-3-I04 (1) (a) (1973).)
TOGETHER with sll aud ainguler the hercdl.laaeats and appurt€aeaces thereto belongin& or h enyvlsc
appertaining and tbe revergion and revenioDa, remrinder and remainders, rents, issues aud profits thereof; anil dl
thc estate, ri8ht, title, irter€8t, claia rnd demead whatloerer of the grid partieS o{ the lirrt pert, olther In llr
or equity, cf, in lnd to the above bergrined premfues, with the hercditauents and appurteuences
TO UAVE AND TO trOLD the said premires above bargained and described, with ths appurtenancer' unto thc
said party of the second part, itS leirs and oraigaa forever. And the caid part ies ol tle firt part,
lor tt1gn oe\igs*Iei&ts, erecutors, rart adminisbators, do coveDsut, grant, bergsin, aud agtec ta rnd
with the eaid party of the second part, itSheirr and aesignr, that at the tine of the ensosliag rnd dslivstt
of these Dresents, they are tyell selzed of the preniaes above conveycd, as of good, sure, per{ect, rbeolstc 8rd
hdelersible estate ol inberitaace, il law, in fee siaple, aad ha ve Sood right, full power s[d lsdul euthority
to grsnt, batgaiq eell and coavey the gsme in manner and form us rfortsaid, and tbat tlte nme aro lre€ rnd clesr
from all former and othcr grants, bargahs, ealee, lienr, tares, aasesem€nts and encumbrsncer ol wbrtever bod or
nlturesoever. Taxes for L977 to ttre date of this instnrment to be paid
by the Grantors, easements, restrictions or interests of record orvisible on the ground.
ead t}e glovc bargaiaed prerriaer in tho quiet and peacorbte porrosrioa of the ratd party ol the muoul lnrt,
itS heira and assigns against all and every peraol o! pergoru lawfully cloim:rrg or to clsln tho wholc
or any part thereof, tbe said part !sS, of the fi$t Dcrt sball arrd will WARRANT AND fORgyEB DEFDI{D.
tN WITNESS WI|EREOF, the sslal pert ies of tbe first part h! ve hercunto eett}leirhrnds
and eeals the day and year firlt rbove rrittel.
STATE OF COLOR,ADO
County ol Eagle
The foregoing instrument waa acknowledgpd bdorc mc tbig
A.D.ts11 , bylhcrnas I. Steidcerg,William A. Holm
My commireiotr expirec MY Ccliinlii:l-rl1 E:pi ':r i:i'i: 27, 1')73
t
I
l
s.&^'Q !il;::^
WTINESSETE, That the srid part of the first part, for rnd in considerstioa of tbe run oI
Seventy Thousand and 00/100 DoI,LrLBs,
to the asld parties of lhs firgt part in hand paid by rsld parlY ol the secoud pad, the roceipt wbereol lr
hereby confgsred aad ackaowledged, have gFantcd, bargrined, sold and conveyed, rnd by thege prerantr do
gtant, bargst1, aell, coavey atd coafira, nnto tbe raid prrt! of the aeconil part, i t sheirr aad asrigilr for-
ever, dl the following degcribcd lot or parcel ol leu4 situat€, lyin8 and beiag h the
Couaty of E agle rnd Statc of Colondo, to-wit:
No. 932 WABRANTY DEED.-FoI Photographic Record,- Fitst Amerlcan Tilte Companv ol Boutd€t Counlv
MAIL FUTuRE rAx srArEMENrs ro, Fno f c^-'f t -L'f aXar^^ro * - o,-, -J 0y Dr,r ^l .S [/J
n€corded **--.O--..o'clock..-P....u., ...-......r1une..2f'...19|'-*-...-.-
Eocerpdo No-.-15299a-....--.-. ---*.I4a;+re1.1-8-.Bara----.-...--..---Bocodea.
REICOND
Krvow Ar,r. Mnn Bt Tsnsn Pnnsrnts, Thaf Whereas,
S.tt.B. Enterprises, a General Partnershlp
of Vai1, Colorado bY
datcd the 20th day of June
Deerl of Trust
,t975 ,
aud iluly recorded in the office of the Couuty Clerk and Recorder
of the Gounty of Eagle , in the
State of Colorado, on the 30th day of Jure , 19 75 ,
in Book 240 at Page 575 (film No. ,
receptior No. 136668 )f conveyetl to the Public Trustee
in said Eagle Countn certain property in said
Deed of Trust described in trust to seeure to the order of
First Westland Nati-onal Bank
the payment of the intlebtedness mentioned therein.
AND, WIIEREAS, said indebtedness has been partially paid and the purposes of said trust have
beeu partially satisfied to the extent of forty six thousand sLx hundred sixty six
dollars and sixty seven cents ($46,666.67).
NOW, THEREFORE, at the request of ihe legal holder of the indebtedness gecured by saial Deed
of Trust, and in consideration of the premises, and in further consideration of the sum of Two
Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the
Public lYustee in said Eagle County, do hereby remise, release and quit-claim unto the
present owner or owners of the property hereinafter described and unto the heirs, successors and
assigns of said owner or owners forever, all the right, title and interest which I, as such
Public l}ustee have in and to that part and portion of the property, set forth and described in the
aforesa.id Deed of Tlust, described as follows, to wit:
Lot 10, VAIL VILLAGE, SECOND FILING (Anended Map), according to
the recorded plat thereof, County of Eagl-e, State of Colorado.
situate, Iying and being in the
State of Colorado.
County of Eagle and
Witness my hand and seal this
STATE OF COLORADQ, o1
County of
Thlefegoing instrument was acknowledged before me this
,Lg 2?,by ilu 6 <:ref !!-.-,/ ; ,/ as the Public
County of 4,-?.{<---, Colorado.
My commission e4)ires $y commksion Expires Jan.25, t98l
Witness my hand and Official seal.
the indebtednesg secured by the above
satisfied,
.In counties where book and page numbers have been abolished"
1-Slza'l )fe.Tez-so.t)
Trustee in the said
day of
NATI
Th€ l.{d boldet ot thcEdson P. Holland ''c.. Fcurod-lt .rtrl *!cd ot Ttl|tt. .ut].ve v r"ce YresloenE
No. 92?. PAErlaL nELEASE oF rrEED oF rEUBr 1i$f.rfl"ifffrffita"*1"Jr, ,rr. stout street, D€ivc!, cororado -8-?o
\
oo., lfza.aa stotrt 8M' Dcavcn Ooloredo
o
-ar.dlod hbt|'hhaPOtEn Ot llt'oDNll
Know Ar,r, MsN Br Trpsn hrsrnts: I'h8t sriLtlan A. Bevan
ofthe Eagle County ol
: f'rea S.
oI the
, Stete of Colorado
GoLd
, reposing special trust and confidence in
stituted anil appointed'
Fred E. Gold
County of Eagl-e , State of Colorado havc maile, con-
antl by these presents tlo make, constitute and appoint the ssial
true end lawful attorney for hin
sole use and benefit involving the
(arnended nap) i.n the County
Vail by S. II. B. EnterPrlses
partner thereof.
ancl in his name, place and steacl, for
sale of Lot 10, Vail Village Second Fll1ng
of Eagle, State of Colorado, to the Town of
of lrhlch satd I'Illllam A. Bevan ls a general
IN
ilay of
this 26rh
ISEAI]I
lSEAIrl
lSEAL,l
L
\
Tru-s Dnro,
betweeu Jrf. f.
thie lgl rLay ot Jung r 1973
- \TlTNEssETlt, That the said parti es of the filst part, ior ard in considerrtion of the su.E otForty Thousand ($40,000.b0) :----__ ____--_______ DoLt.ARs
to tho 6aid psrti gS of thc first part in hand paid by ssid parti eS ol the second pon, ihc |!crip! wh.!G{( tt
hereby conlessed &nd ackno$ ledged, have grsnted, bargained, sold and convey€4 and by thesc pr€rnrt dogtsnt' bargain, scll, convey and confirm, unto the said paft of tfie second port, heir: rnd rlriSrs for.
eyer, all the,following described lo! or parcel of tand, situate, lying and being in the
County ot Ea$le snd State of Colorado, to wit:Lot 10' Vail viirage, Second Firing according to the recorded prat thereof
t?trEEn::El
. -,113 r;73
!-.!/': ^'^-a'- - -
-county
of Jefferson and stsre ", *r"-o","lr*Jie tirst part, rndThomas l. Steinberg and l^Jilliam A. Holm a wiiiiu, n. S.uof tbe County ot Eagle end Stoto ot
Colorado, of thc eecond part:
thgi f heirs and assigns against all and eycry person or pelsons lawfully claiming or to cleim the whole
or any part th€leof, the said part i 95 of the first part shall snd rvill WARRANT AND FOREVER DEI'DND.
IN WITNESS WIIERBOF, the said pari j gg ol the first p&rt hq/e hereunto set thei nanOs
Erown and P. S. Brown
rnd seal 5 the day snd year first above rvritten.
tl
TOGDTIIER with sll and sftrgular the her€ditaments and appurtenances tberto belotgirg, or ln anysise
appertaiDing, snd the reversion and revenionl, remainder and remainders, rents, isaue! and profits thereof, ud all
tbe estater right, titlo, interest, cloim and demanrl \f,hatsoever of the saiit part ol thc first parl either in law
or €quity, of, in and to the above bargained premises, with the hereditaments and appurtenarlce!-
IO BAVD AlfD TO EOLD the said premises above bargained and described with the appurtenances, unto the
sald I,JdieS ol ths second part,filgj p heirs and assigas forever. An<t the said partieS ol tlle first pari,
for them scl ves;thdFi$, €xecutors, and administntors, do covenant, grant, bargain, and agree to aDd
with the said part i g 5 of the second psrtth e i r heirs and assigxrs, tlat at the time of the ensealing and delivery
ol tirese presents, they a|"e well seized of the premises above conveyed, as of good sure, perfect, absolste ard
indefeasible estate of inheriiance, in law, in fee simple, and ha yg good right, full power end lawful authority
to gtaot, bargair, sell and convey the same in rnannor and form as aforesaid, and tbat the same are lree and clear
from all foroer and other grants, batgains, sales, liens, taxes, assessments o,nd encumbrances of rvhgtever kind or
T::I::T'*.. except general taxes and assessments for.l973 payable in 1974 andsuDsequent years;_subject to restriction, easenents & covLnlnts of record
and the above bargained premises in the quiet and peaceable possession of the ssid part ol thc secord pirt,
(sEAL)
i2/
hand rnd officirl rcal.
AREsoLUTIoNCAtLINGASPECIALBoNDEI,ECTIoNFoR_THEPURPoSE
oF suBurrrrNc ro i;i -libcrsrnneo
-oilAtiFrso rlscroR^s oF rHE
TowN oF vArL' cor,oiiao-o,-rwo lugg-diorqs oF rssurNc GENERAL
oBlrc,ArroN solrps
-oi sAio- rowr,r IN, All AGGREGATE PRINCIPAL
AMouNr Nor ExcnEoiirc-szlgso' ooo-rili dii- punposg!--or AcQUTRTNG
opEN spAcE AND acoiiininc' qg-l1lycrtuc' rNSrAr'LrNG' atilD
EOUIPPING AN ENCi6iil;i& SXNTTNC-ENENi\ ANO MUI'TI-PURPOSE
recrltrv, sero siicrior'r-to sn Heiu'MAiClr 2s ' \g!7' DESTGNATTNG
JUDGEs ar,lp cr,rnxE-ion-laro sr''ncri6xi pnovrpine-PoR PUBLTcATToN
oF NorrcE or nneisiniriorl ewp poitiilc ano PttBr'rcATroN oF
Norrcg oF sArD sigciloni pnnscnriilli;-rHe FoRM o?-BAlLor FoR
SAID ELECTION' NIIO-OEiiiWISE PROVIDING FOR fItE CONDUCT
THEREOF.
RESOLUTION NO.3 -77
-2-
WHEREAS, the Constitution and laws of the State of Colorado'
and the Home RuIe Charter of the Town of VaiJ'' Colorado ("the
Town"), authorize the issuance by the Town of its negotiable
coupon general obtigation bonds for the PurPose of securing funds
to defray the costs of the acquisition and improvement of real
and personal property for municipal and public purposesi and
I{HEREAS, the Town Council of the Town has determined that it
would be in the best interests of the Town and the inhabitants
thereof to issue general obligation bonds of the Town in an
aggregate principal amount not exceetling 92'950'000 for the
purpose of defraying, in whoLe or in Part' the cost of acquiring
open space and acquiringt constructing' instal-Iing' and equipping
an encl0sed ice skating arena and mur-ti-purpose facility, as set
forth rnore fulry in the bond questions appearing hereinafter in
the forms of Notice of Special Bond Election and Ballot hereby
prescribed, said bonds to be payable from general ad valorern
taxes, excePt as they may actually be paid fron other funds
available therefor; and
WHEREAST it is first necessary to submit the separate
questions of issuing such bonds for said municipal and pubLic
purPoses to the qualified registered electors of the Town;
NOW, TTTEREFORE, BE IT RESOLVED BY THE TOWN COT'NCII-, OF THE
TOWN OF VAIL, COLORADO THAT:
Section t. A Special Bond Election shall be held in the
Town on Tuesday, March 29' Lg77' betl'teen the hours of 7200 a'm'
and 7 : 00 P. rn.
Section 2. At said Special Bond Election there shall- be
submitted to the vote of the registered qualified electors of the
Tolrn tero guestions of issuing negotiable, interest bearing,
general obligation bonds of the Town in the amounts' for the
purPoses and within the limitations and terms set forth in the
bond guestions appearing hereinafter'
Section 3.
be submitted
perrnitted bY
No vote, either for or against the guestions
at said Special Bond Election, shall be received
the judges of election unless the Person offeri'ng
to
or
-3-
o
the same shal1 be a duly registered andl qualified elector of the
Town.
Section 4. Qualified electors whose names do not aPPear
in the Official Registration List and electors who have changed
their addresses may register or change their addresses at the
officeofthecountyClerkandRecorderofEagJ.eCounty,Colorador
or at the office of the Town Clerk of the Town' at any time
during regular business hours of those offices on or before
Friday, February 25' l:g77' in accordance with the Home Rule
charter of the Town and Colorado Municipal Election Cocle of 1965'
as amended. In order to so inform the electors of the Town' the
Town Clerk shall cause a Notice of Registration in the following
forn to be Published in two weekly editions of The Vail Trail' a
newsPaPerofgeneralcirculationintheTown,priortotheclosing
of the registration books for said Special Bond Election'
-4-
NOTICE OF REGISTRATION
SPECIAL BOND ELECTION
TowN or vArL' coLoRADO
March 29, ]-977
NOTICE IS HEREBY GIVEN that in order to vote at the Special
Bond Election to be held in the Town of Vait on Tuesday' !{arch 29r
Lg77, one must be a registered qualified elector of Vail' Colorado'
persons otherr,vise qual-ified and desiring to vote but not Presently
registered to vote may register at the office of the County clerk
and Recorder at the Eagle County Courthouse in Ea91e' Colorado'
orattheofficeoftheTownClerkattheVailMunicipalBuilding
in Vail, Colorado, during regular business hours oN OR BEFORE
FRIDAY, FEBRUARY 25' L977 '
This special Bond Election will be held for the purpose of
submitting to the registered electors of the Town of Vail two
questionsofincurringbondedindebtednessinanaggregateprin.
cipa}amountnotexceeding$2,g50,000forthepurposesofacguiring
open sPace and acquiring' constructing' installing' and eguipping
an enclosed ice skating arena and multi-purPose facilltyt all as
set forth in a Notice of Special Bond Election to be published in
this newsPaPer on March II and L8' L977 '
IN WITNESS WHEREoF' the Town council- of Vail' Colorado' has
caused this notice to be given'
(TOWN)
(SEAL)
Publish in:The Vail Trail
Vail, Colorado
FebruarY lt and L8, L977
/s[gralie Jeffre
lfficlerkVail, Colorado
Publish on:
-5-
section 5. The registered qualified electors of the Town
shall vote at said special Bond Election by secret PaPet ballot,
either by submitting an absent voter ballot or by appearing and
casting a ballot at the polls. Voting machines will not be used.
Said Special Bond ElectLon shall be conducted in the rnanner
prescribed by law for the conducting of regular elections in the
To\rn.
Section 5. Registered qualified electors entitled to
vote at said election who meet requirements of the Colorado
Municipal Election Code of 1965, as amended, who intend to vote
by absent voter balLot, may obtain information and apply for and
receive an absent voter ballot at the office of the Town Clerk in
the vail Municipal Building, Vail, colorado, at any time during
regular business hours on or before Friday, March 25t ]-977, by
following the procedures required by said Election Code'
section 7. The Town constitutes, and there shall be for
purposes of this election, one election precinct, the boundaries
of which shall be the same as those of the To$tn, and the polling
place for which shall be the VaiI l'tunicipal Building' Vail,
colorado. The absent voter polling place shalt also be the vail
llunicipal Building.
section 8. The following registered gualified electors
of the Town are hereby appointed and shall act as judges and
alternate judges and clerks and alternate clerks for said Special
Bond Election:
Judges:Alternate Judges:
CIerks:Alternate Clerks:
said judges and clerks shall receive in full comPensation for
their services the sum of $40 each. The Town Clerk is hereby
instructed to mail certificates of appointment to such election
officials and to maintain a list for public inspection of those
so appointed.
-5-
section g' the Town clerk is hereby instructed to publisha Notice of special Bond Erection in two weekry editions of TheVail Trail, a newepaper of general circulation in the Town, atleast ten days before said election, provided that the latter ofsaid editions sharl be the next to the last issue of said new'paperbefore said election. The Town clerk is further instructed toPost a copy of said Notice at the polling place at least ten daysbefore said election. said Notice of speciar Bond Election sharrbe in substantially the following form:
.;'.
NOTICE IS HEREBY GMN that at a Special Bond Election to be
heldattheVailMunicipalBuilding,Vail,colorado'onTuesday'
the 29th day of March, Lg77' between the hours of 7200 a'm' and
7:00 p.rn., there will be submitted to the registered qualified
electors of the Town of vail the following questions:
1. Open Space Acquisition Bonds, Question Submitted:
.,shalltheTownofVail,Colorado,beauthorizedtoissue
its negoti-able, interest bearing general .obligation bonds-in
one series or more in an aggregite principal amount not to
exceed SaSOTOOO, o, "o ^o"6'th5reof as may be necessary, for
the purpo="'oi-i"fiaying, in whole or in part' the cost of
::;*!i li.*!- ;:*ii:,;*ti:."i3pii'g$il€{$:[€qgq!Tqiil: .and/ox,."r.itiorr- arrd-park land, together with all necessary
incidental and appurtenant properti6s and facilities, and
thecostsincidentalthereto,.suchbondstobearinterestat
a maximum nei effective interest rate not exceedinq 10 ' -
percent Per annum, and to nal"te serially during a period of
not more tnan gO years from the date or respective dates of
thebonds,suchb.ondstobepayablefromgeneraladvaloremtaxesandotherfundslegalry.availabtetherefor,andsuch
bonds to n"-"ord and issr]ed it ott. time or from time to
time, in such manner and amounts and upon such terms and
conditions as the Town Coun.ii ^"y later determine, including
provision, io, the redemption of bonds prior to maturity
uPon Paymerrl of a premiurn not exceeding 3 percent of the
piinciPal thereof?"
2.IceskatingArena,/Mutti-purposeFacilityBonds'Question
Submitted:
"Shall the Toe,n of Vail, Colorado' be authoti-zed' to issue
its negoti";l;; interest bearing general .obligation bonds in
one serj-es or more in an aggregate principal amount not to
exceed $2.5001000, or so much thereof as may be necessary'
for the p"ip"l" "i defraying' in ylr9le or.in Part' the cost
of acguirit-g, -.o"ttructi-ng, -installing and equipping an
enclosed ice skatingi arena and rnulti-pnrpose facility suitable
for conventions, concerts, exhibitions and trade shows '
together with all necessary incidental and appurtenant
propertie=r-"ti""tures and facilities, and the costs inci-
dental tnerelo, such bonds to bear interest at a maximum net
effective interest rate not exceeding l0 percent per annum'
andLomatureseriallyduringaperiodof.notmorethan30years from the date or re=p"iti*rE dates of the bonds, such
bonds to u.-piyable from glneral ad valorem taxes and other
funds r.g"ir? ivailable tf,erefor, and such bonds to be sold
and issuea-at one time or from time to time' in such manner
and amounts-ina upon such terms and conditions as the Town
council nl"v iit"r^ determine, including provisions for the
ieae*ptiott'oi-uo"as prior to maturity uPon Payment-
premium not-exceeaing f percent of the principal thereof?"
NOTICE OF SPECIAL BOND ELECTION
TOWN OF VAII' COLORADO
March 29 ' L977
-8-
Those persons who are citizens of the united states, eighteen
(18) years of age or older, who have been residents of the stateof colorado for 32 days next preceding the election and residents
of the Town of Vail, Colorado, for 32 days next preceding the
election and who have been duly registered shall be entitled to
vote at said Special Bond Election.
Those electors who are otherwise fu'ly gual.ified to vote on
said questions at said Special Bond ELection, but who shall be
absent from the Town of Vail, Colorado, on the day of said election,
or who by reason of their work or the nature of their emproyment
are likely to be absent and fear that they wir.l be abs.ent from
the Town on the day of said el_ection, or who because of serious
illness or physical disability, or who for reasons based upon the
doctrines of an established religion sharr be unable to attend
the porrsr Rdy appry in writing at the office of the Town crerk
of vail' col0rado, at the Vair Municipal Building, Vail, colorado,
for absent voter ba110ts at any time during regular business
hours on or before Friday, March ZS, 1977.
There will be only one eLection precinct for said Special
Bond Erection, the boundaries of which shall be the same as those
of the Town and the porling prace for which sharl be the vair-
Municipal Euirding, Vail, cororado. The absent vot,er polling
place shall also be the vail Municipal Building.
-9-
The votes cast shall be recorded
election shatl be held and conducted'
and the results thereof tleclared' in
for municiPal elections'
IN lNIlltESS WIIEREOF' The Town Council
to be given'
i
on PaPer baLlots and said
the returns thereof canvassed'
the rnanner Prescribed bY law
has caused this Notice
i;H ;;-Gl', cororado
(TOisN)
(SEAL)
Publish in:
Publish on:
The Vail Trail
March 11 and 18' 1977
-10-
Section I0' BaIIots to be usecl in voting uPon the guestions
to be subnitted at said Special Bond Election shall be prepared
andl furnished by the Town Clerk to the judlges of election' to be
by then furnished to the registered qualLfied electors' Said
ballots shall be in substantially the following form:
-11-
No.
STUB
No.
DUPLICATE STUB
OFFICIAL BALLOT
TOWN OF VAIL
SPECIAL BOND ELECTION
(EachelectordesirousofvotingFoRorAGATNSTanyofthefolJ.owing
questions sharl d;;;;";; ft.is oi trei choice with respect thereto
bv placing " "tot"-iil in the square opposite the. word or words
e'*pi"=si"g such choice' )
1. OPEN SPACE ACQUISITION BONDS' QUESTION SUBMITTED:
,,shaIl the Town of vail, colorado, be authorized to issue
its nesotiable, interest b"t;i;;";t=fl.::lisation bonds in
one series or more in an aggregite-principal-amount not to
exceed $4501000, or so much th6reof-as may be necessary' for
the Purpo""'Ji-ltttlvins' i"-;;;i; or in part' the cost of
i"eo'i r i-,, g . t "i- p i i
" "
r's o i t ": :.; l:i'4ttga\lg e.E€."€EEf;f'ffi l!:as'the Kitsos -ProPertY
""9 I
and/or t""t.it'io" ""a park lind' together with all necessary
incidental and appurtena"t piiilttili ""a facilities' and
rhe costs incidental rhereto;-;;;h-;;nds. to--bear interest at
a maximum ";-;ii;tive intei""t t"t" not exceedinq 10
percent Per annum, and t" nl"iiit seii"rrv during a period of
irot more than 30 years from the date or respective dates ot
the bonds, !"ti'-ui"tds to ue. pivable from general ad valorem
taxes "r,a oi[Ii ;;;at regarri-'a""ii"ur" tierefor' and such
bonds to n"-tola-ina issrled 'ut ont time or from time to
time, ir, su"n-*t""tt and amounts and upon -such terms and
conditions as the rown coun"ii-itv- i"!L:-9::"tmine' including
provision= ?it'Ii"^;;!i?E;1o" or Londs prior to rnaturitv
upon Payment of a premium "ol ""tttaing 3 percent of the
piinclPil thereof?"
FOR THE BONDS
STATE OF COTORADO
MARCII 29 ' L977
AGAINST THE BONDS
IcESKATINGARENA/MULTI-PURPoSEFACILITYBoNDS,QUESTIoN
SUBMITTED:
,,Shall the Torirn of VaiI, Colorado' be authorized to issue
its negotiable, i"tti""i bearing ieneral obligation bonds in
one serie= ot *o"t-itt ttt aggregate principal amount not to
:;..;-;tlsoo,0o6; ;;-so 1'[!t' thereor as mav be necessarv'
for the PurPose oi defraying' in whole or in Part' the cost
of acquiri.g, to;-"ti""Li'"g' -instalrinq and equipplng an
encrosed ice sxaiii;-;;;.; "r,a .niii-iutpot" -ralitltv suitabfe
for conventionsr-"oit"tt"' exhibitionl and trade shows'
;;;";;;-'iin'ir-;;;;;;;;v incidentar and appurtenant
2.
-12-
propertiesr structures and facilities' and the costs inci-
dental therero, ;;;;";e" to u..l-Iii"it=t al-l :naximum
net
effective interest-iate not """""iiig-to -pttt"l:i"t dntrumr
and to mature ".'i'rrv-a"'il?-?-.1:;i::=;:t;:iS:-;.:1":*li-n*: ['""il"']:r:it: !6:!$!ii!";-i"io'"'n' tlT:"' and other
funds legalry ..'"irtur" t[:1:IoI:*i"i-tott' bonds-to be sold
andissuectaton6li^"_o'trorntirn].I"-ii*",insuchmanner;; ;;;"ts and oPo"- "o"n :"T:^il*;"$**:il: ::: ffi:"
::m;t':i""l'lSlu:'i:i::] !i ^iHil ;;' ob "T e ?v-i: ":h:""3,, "
premium not exce"Ei"'g-3-Ptrcent of the princtpar
FOR THE BONDS
AGAINST TIIE BONDS
(End of front of gallot)
- I3-
(To be endorsed on back of Ballot)
OFFICIAL BAI-,LOT FOR SPECIAL BOND
coLoRADO, oN MARCH 29' L977.
ETECTION HELD IN THE TOWN OF VAIL'
Town of Vail, CoLorado
-I4-
Section 11. The votes cast at the said Special Bond
ElectiOn shall be canvassed, the returns thereof nade, and the
resuLts thereof declared in the manner provided by law for the
canvass, return and declaration of the result of votes cast at
regular municipal elections for the Town'
Section 12- If a rnajority of a1t the votes cast on any
question set forth hereinbefore to be submitted at said election
shall be in favor of issuing the bonds for the PurPoses stated in
said question, it shall then be lavrful for the Town Council to
authorize the proper officers of the Town to proceed to issue the
negotiablecoupongeneralobligationbondsoftheTown'inaccordance
with the proposal so aPProved at the election' The authority to
issueanyorallofthebondsdesignatedinthebondquestions'
ifconferredattheelectionbytheregisteredgualifiedelectors
authorized to vote thereon, shall be deemed and considered a
continuingauthoritytoissueanddeliverthebondssoauthorized
atonetime,orfromtimetotime,andneitherthepartialexercise
of the authority so conferred, nor any rapse of time, shall be
consideredasexhaustingorlimitingthefullauthoritysoconferred
by the electors voting in favor of said bond question'
Section13.Allact'ions,notinconsistentwiththeprovisions
of this Resolution, heretofore taken by the officers of the Town'
whether elected or appointed' directed toward holding the Special
Bond Erection for the purpose of authorizing the issuance of
general obligation bonds of the Town for the purposes designated
aboveinthebondquestions'areherebyratified,approvedand
confirmed.
section 14. All resorutions, or parts thereof, in conflict
withthisresolutionareherebyrepealed'excePtthatthisrepealer
shall not be construed to revive any resorution, or part thereof'
heretofore rePealed'
Section 15' If any section' paragraph' clause or provision
of this Resorution shalr for any reason be held to be invalid or
unenforceableltheinvalidityorunenforceabilityofsuchsection|
paragraph, clause or provision shall not affect any of the remaining
sections, paragraphs, clauses or provisions of this Resolution'
-15-
Ehis Resolution shall take effect inunediately
::.il"r::"loor*"o Ar{D AppRovED rhis lst day of Februarrr, Ls77 '
Sectlon 16'
(rowN)
(sBAr,)
ATTESTI
-r6-
n
Council trlember
andtheguestlonbeingupontheadoptionof
roll was called with the followlng result:
Those voting ttYest
CounciL Menibers:
secondled the motion'
saicl Resolution' the
John Donovan
BiII Heinrbach
Bob Ruder
Rod sLifer
hig members of the council present having
:l tu'"'
--^-i'rinc officer thereupon
or the adloption of the Resolutionr the presiding o
declared the Resolution duly approved ancl adopted'
Thereupon' after consideration of other business
Those voting nNo" 3
Josef Staufel PaoTu*
c'i++4s1'o
voted in favor
to come before
rhe council, rhe meering was adjourned'
i. ,i l, ,, i,,i/
'j,H$L!t,{H;a
Town of vail' Colorado
(rowN)
(SEAJ.)
ATTEST:
Town ol vail,Colorado
-17-
STATE OF COLOR'ADO i
coUNTY oF EAGLE ] ""'
TO9IN OF VAII.' )
I, Rosalj'e Jeffrey' Town Clerk of the Town of Vailr Eagle
Counttr Colorador clo hereby certify that the attached copy of
Resolution No' 3 -7? calling a special Boncl Election to be
held in the town on March 29 ' Lg77' is a true and correct copy of
said Resolution as ailopte'l by the Town Council at a regular
neetingthereofheldattheVailt"lunicipalauilding,Vail,Colorado'
the regular meeting place of the Town CounciL in the Tovtn' on
Tuesday, the tst day of Februaxy' L911t that a-true copy of said
Resolutionhasbeendulyexecutedandauthenticatedbythesignatures
of the Mayor of the Town of Vail and rnyself' as Town Clerk of the
Town, sealeit with the seal of the Tovtn' and recordecl in the
official records of the Towni that the foregoing Pages numbered I
through 1?' inclusive' constitute a true and correct coPy of the
record of the proceedings of the Town Council at said regular
meeting insofar as said proceedings relate to said Resolutioni
that said proceedings \{ere duly had and taken; that saidl rneeting
wasdulyheld;andthatthepersonswerePresentatsaidneeting
as therein shown'
IN WIBNESS WHEREoF' I have hereunto €et my
"2.{uu^,oftheTownofvail'colorado'thisa{?dt
hand and the sear
of FebruarY, 1-971 '
(TOVSN)
(SEAL)
Town
-18-
-..'Recorded Book 174 Page 4..\
o
31
PROTECTIVE COVENANTS
OF
VAIL VILLAGE, SECOND FILING
EAGLE COUNTY, COLORADO
whereas, Vail Associates, Ltd., a'l imjted partnersh'i p, is the owner of the
following described lands:
A part of Section 6 and Section 7, Township_S South, Range.80 tlest of the
Silttr principal Meridian, County of Eag'le, State of Colorado' more
part'i cular'ly described as fcllows:
conrnencing at the Northeast corner of said section 7; thence S.000
23'00,'E.-and along the East line of said section 7 a distance of
37.40 feet to the North'line of vail \/illage-First Filing; thence N.
79 degrees 4l' '13" l^l. anci along said North 'line and along. the south
ljne of U. S. Highway No. O a iista.nce of 25.44 feet to the West line
of sajd Vail Viliage-first Filing, and the Point of Beginning;-thence S
00 degrees 23'00" ind along said-hlest ljne a distance of 693.77 feet
to the lorttr tine of Vaif Vifiage-First Filing; thence N. 75 degrees
27'OO" l,l. and along said North i'i ne, a distance of 296.26 feet; thence N.
26 d"g"e"s 30'00" fr'. and along said North llng-? distance of lll.9l feet;
thenc6 N.4l degrees 30'00" 1n1: a distance of 240.00 feetl thence N
55 degrees 00,0d,'!1. a distance of 75.00 feet; thence N. 78 degrees
00'Cgii W. a distance of 100.00 feet; thence S. 65 degrees 00'00" l'1. a
distance of .t55.00 feet; thence S. 79 degrees 00'00" tll. a distance of
290.00 feet; thence t't. 67 degrees 00'00" l,l. a distance of 100.00 feet; thence
N. 53 degreis 00'OO" |lJ. a diitance of 175.00 feet; thence N. 59 degrees
06'00" 51] a distance of 165.00 feet; thence N 66 degrees 30'00" 1,1' a-
distance of'175.00 feet; thence H. 4O ciegrees 48'52n E. a distance of 132.23
feet; thence N. 9 degrees 45'49" tI. a distance of 99..|4 feet; thence S. 79
degrees 33'.15"W. a distance of 203.33 feet; thence 5. 50 degrees 43'59"
lJ.-a d'istance of 90.24 feet; thence lr,i . 8l degrees l3'41" l.I. a djstance of
372.40 feei; thence S 75 degrees 47'07" lrJ. a-distance of 29C..l7 feet; thence
S 20 degreei 3'l'04" l^1. a diitance of .156.17 feet; the,nce S. 64 degrees.|5,46" l^1. a clistance of 425.69 feet; thence s. 87 degrees 0l'24" w._a
distance oi qSZ.Sg feet; thenc,e S. i2 degrees 04'25"|,i. a distance of 5'10.17
feet; thence S. Zg degrees 36'34" li. a distance of .|40.51 feet; thence S. 73
degrees 42'37" 1,1. a oistance of 280.00 feeti thence S. 76 decrees 58'5.|" W.
a distance of'140.02 feet; thence S. 73 degiees 42'37" W. a distance cf .|45.00
i..t; ii.n." S. 79 degreei eS'l:[',"tni, e cistince c:f 240.93 feet to a pcirrt
on'rh€ tlest line of siid Section 7; thence ll, 0 degrees 06'06"E' and along
said west line a distance of .|35.00 feet to the southerly f.ine 9I !: s.
Highway No. 6; thence N 73 degrees 42'37" E. and-along said south line a
aiittnie ot t4Og.OA feet; theice N. 89 degrees ll'25"E. and along said
south'line a distance of 94.46 feet; thence N. 73 degrees all50" E. and
iiong said South 'line a distance of 768.73 feet; thence N. 59 degrees 59'
42'E. and along said south ljne a distance of 59.96 feet; thence N 73
degrees 48'37u il. and along said South line a distance of 524.04 feet to a
point on i.rruei thence aiong said South Jilg gn an angle to the left of
b degrees 3;S+'i-inA along a cirve to the right having a radius of^l 852.73
feet and'a-central ang'le-of 26 degrees 33' 47", a arc distance of 858.98
feet to a point of tangent; thence s. 79 degrees 4l'.|3"E. and along-said
tangent inl-iiong siio"sorttr 'l'ine a distance of 59.84 feet; thence S. 85
degiees i+;Si;-E] inA atong said South ljne a distance of .|00.29 feet; thence
i."zg a.gr.es +ti13" E. ani along said South line a distance of 1055.87
feet to the Po'int of Beginning'
I^IHEREAS, Vail Associates, Ltd., hereinafter sometimes referred to as Owner,
desires to place cirtain restrjctions on ihe use of the Tracts, Blocks and Lots shown
ir-iiri-rqip 6i-vi:i-i/iij;s;;-iecond Filing, for the. benefit,of itself, and its respecti.ve
Grantees, successori ina"aisigns, 'i n ora6r to estab'l jsh and maintain the character and
value of real estate in Vail Village.
Nol|l, THEREF0RE, in consideration of the prernises, VaiI Assocjattls, Ltd.,
for itself and its resp"itive grantees' successors and assigns,. dqes.hereby impose' '
.ituUiisf1, fubl.ish, ;;ffi;i;4g6, declaie-ind agree with, to-and for the benefit of all
persons who may nut.lil.t"priihise ot-lease ani from time to time so or^ln or hold any
of the tracts, gtocki ina Lotr jn Vail Vi1'lage, Second Filing, that-they own and ho'ld
a'll of the lands in-Vaii-Vitlage, Second Filing, subiect to the following restrictions'
covenants, and conoiiions, air"oi which sha'l't 6e oeerirea to run with the land and to
i;;il-to ihe benefit oi ina be binding upon the 0wner,'its respect'ive grantees' successors
and assigns.
o
AND AR.a -.,
o
EI. PLANNING CHITECTURAL CONTROL COMMITTE
- l.l. Committee. The Planning and Architectural Control Committee,
hereinafter refeffiTEl-s the Committee, shall consist of five members who shall
be designated by 0wner, its successor or assigns, to review, s.tudy,_and.approve or
reject froposea improvements within the area descrjbed in the Map of Vajl Village'
Second Filing, of which these restrictive covenants are made a part.
1.2. Ru] es. The Committee shall make such ru'les and by-1aws and adopt
such procedures E--iT may deem appropni ate to govern its proceedings.
'l .3. Approval of Plan. No bui'l ding, out buil.ding, fence, wall or other
imorovement shalT-IE-construdTil; erected or maintajned on any Tract, B] ock or Lot'
noi^ shall any addition thereto, or alteration therejn be made, until p'l.ans and.
specificatio'irs showing the color, location, materjals' landscaping, ang such other
ihformatjon relating to such improvement as The Conrnittee may reasonab'ly require
sha'll have been submitted to and approved by The Committee in writing.
1.4. Crjlglg.. In passing upon such plans and specifications, The Conmittee
shall consider:
-1.4.1. the suitability of the improvement and materia'ls of which it is to
be constructed to the site upon which it js to be located;
1.4.2 the nature of adjacent and nej ghboring improvements;
1.4.3 the quality of the materials to be utilitzed in any proposed im-
provement; and
'1.4.4 the effect of any proposed improvement on the outlook of any adiacent
or neighboring property.
It shall be an objective of The Conlnjttee to make certain that no improve-
ment will be so similar or so dissimilar to others in the vicin'i ty that values, monetary
or aesthetic, will be impalred.
1.5. Effect of The Committee's Failure to Act.=
In the event The plans and specifications
submitted to it within sixty days of iubmission and no suit to enjoin the constructjon
has been conmenced prior to the completion thereof, approva'l shall not be required and
the related covenants shall be determined to have been fu11y complied with.
2, LAND USE.
The lands in Vail Village, Second Filing, shall be used for the following
purposes: .
2.1 The nrynbered Lots sha'l'l be used only for private residences' each to
contain not more than two separate apartments.
2.2. The lettered Lots shall be used for apartments, retail shops, service
shops, se"vic. stations, restaurants and tea-rooms, hotels, lodges, professiona'l offices
and medical clinics.
2.3. Tracts A through C shall be dedicated to such use as Vai'l Assocjates,Ltd.,
and its successors and assigni, shall designate, but in no event shall such designated
use be inconsistent with these covenants.
3. EASEMENTS AND RIGHTS.OF-WAY.
3.1. Easements and rights-of-way for roads, 'l'ighting, hggting, .electricity'
gas, telephone, water, sewerage,-bridle paihs, and pedestri.an traffic, and any other
[ini of pirUtic'o" quaii publii utility sbrvice are reserved as shown on the Map of Vail
Vi'llug",'second Fiiing.'No fence, wail, hedge, barrier or other improvement shall be
erect[d'or maintained-a'long, on, across or within the areas reserved for easements and
ri ghts-of-way.
4. SIGNS. No signs, billboards, poster boards or advertising structure of
any kind shall be erected oi maintained on qny lot 9r struture for any purpose whatsoever'
eilept such s'igns as have been approved by The Committee as reasonably necessary for
the identification of residences and places of business.
5. WATER AND SEI,iAGE. Each structure designed for occupancy or use
by human beings shall connect with the water and sewerage facilities of the "Vail
t{lter and Sanltation District. No provate we'l I shall be used as a source of
water for human consumption or imigation in Vail Vi'l 'l age, Second Filing, nor shall
any facility other than those provided by the Vail Water.and Sanitation District
be-used tor the disposal of sewage. Mechanical garbage disposal facilities shall
be provided in each kitchen or food preparing area.
6. TRASH AND GARBAGE. No trash, ashes or other refuse.'may be thrown
or dumped on any land within Vail Village, Second Filing. The burning of refuse
out of doors shall not be permitted in Vail Village, Second Fifing. No incinerators
or other device for the burning of refuse indoors shall be constructed, installed
or used by an person except as approved by The Committee. Each property owner shall
provide siritable receptacles for the co'l 'lection of refuse. Such receptac'l es sha'l l
be screened from pub'l ic view and protected from disturbance.
7. LIVEST0CK. No anima'ls, livestock,horses or poultry of any kind except
dogs, cats and other household pets shall be kept, raised or bred in Vail Village'
Second Filing, except in areas des'ignated for such purposes by The Committee.
8. TREES. No trees shall be cut, trirnmed or removed in Vail Vi'l lage, Second
Filing, except with prior wrjtten approval of The Conrnittee and by persons designated
by The Corrnittee.
9. SET BACK REQUIREMENTS: There shal'l be no general requirentents for the
'location of improvements with re'lation to property lines, but the'location of each
improvemeirt must be approved in advance by The Committee. In detevmining the proper
location for each improvement, The Committee shall consider the location of existing
property owners, and such other monetary or aasthetic consideration as it may deem
appropri ate.
10. LANDSCAPING AND GARDENING. Al'l surface areas disturbed by construct'ion
sahll be returned promptly to their natural conditjon and replanted in native grasses'
except where such areas are to be improved by the construction of gardens, lat'lns, and
extei^ior living areas, which will be'permitted only after the plans therefor shall have
been approved by The Conunittee.
1.|. AREA REQUIREMENTS. No structure designed for human use or habitat'ion
shal'l be contructed un'less the aggregate floor area, exclusive of open porches, base-
ments, carports and garages, shall be in excess of 900 square feet. The Committee
shall detei^mine from the-design of the improvement whether an area which is partially
below grade shall qualify as ageas to be included within the minimum permissible area.
\2. TRADE NMES. No word, name, symbol , or combination thereof shal'l be
used to identify for cormercial purposes a house, structure, business or servjce in
Va11 Village, S-econd Filing, unless the same shall have been first approved in writjng
by The Committee.
13. TEMPoRARY STRUCTURES. No temporary structure, excavation, basement, trailer
or tent shall be permitted in Vajl Village, Second Filing, except as may be necessary
during construction and authorized by The Cormittee.
'14. CoNTINUITY 0F C0NSTRUCTIoN. All structures commenced in Vail Village,
Second Filing, shal'l be prosecuted d'ifigently to completion and shall be completed
within l2 months of conunencement, except wjth written consent of The Committee.
15. NUISANCE. No noxious
anything be done or permitted which
Second Filing.
16. FENCES. No fences, walls or other barriers shal 'l be permitted except with
the written consent of The Cormittee.
17. EFFECT AND DURATIoN 0F CoVENANTS. The conditions, restrictjons, stipulation
aqreements and covenants contained herein shall be for the benefit of and binding upon
eich tract in Vail Village, Second Filing, and each owner of property therein, his
successors, representatiies and assigns ind shall erlntinue in full force and effect unti'l
January l, .|999, at which time they shall be automatically extended for 5 successive
terms of l0 years each.
or offensive activity shall be carried on nor sha'l I
sha'll constitue a publ ic nuesance in Vail Village,
o
.'1r
.t8. AMENDMENT. The conditions, restrictions,stipu]atjons, agreements
and covenants contained herein shall not be waived, abandoned, termr'nated, or amended
.ii.ot Uv-written consent of the owners of 75% of the privately owned land included
within t-he boundaries of Vail Village, Second Fi'l jng, as the same may then be sh(Mn
i;i til piit on file in the office oi itre C'lerk and Recorder of Eagle County, Colorado.
19. ENFoRCEMENT. If any person sha'll violate or threaten to violate
anv of the provisions of this instrument, it shall be ]awful for any person or person
owi'ing ieal'property in Vail Village, Second Filjng, to institue proceedings at 1aw
or in-equity' to'enf-orce the provisions of thjs instrument, to restrain the person
vioiitirig o-r threatening to violate them, and to recover damages, actual and punitive'
for such violations.
20. SEVERABILITY. Invalidation of any one of the provisions of this
instrument by judgment or court order or decree shal'l in no wise effect any of the
other provisions which shall remain in fu'l'l force and effect.
EXECUTED this 8th day of January, 1963.
VAIL ASS0CIATES, LTD., a Limited
Partnershi p
BY /s/ Peter W. Seibert
Peter W.SeiEAril--Ge nera t Er tner
ATTEST:THE VAIL CORPORATION -
General Partner
B\ /s/ George P. Caulkins, Jr.'-IforseT-TauIIjns, Tr.
Vi ce-Presi dent
SEAL
STATE OF COLOMDO ))ss
crTY AND CoUNTY 0F DENVER )
SEAL
The foregoing instrument was acknowledged before me on.January 8' 1963, by
peter t,l. Seib6rt',-one of the General Partneis of Va'il Assocjates, Ltd.' a-limited
pirineistrip, and'by George P. Caulkins, Jr., as Vjce-President of The,Vail Corporation'
itictr corpbration is the-other General Partner of Vail Associates, Ltd.
WITNESS my hand and seal.
My conmission expires: June 20' 1963
/s/ Eva Lusk
Eva Lusk - NotarY PuE'TT--
/s/ Keith L. Brown
KEith L.
ILLAGE,SfCIJ
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ffi TITLE
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IITLE .NSURANCE OMPANY OFfi.,i
Home Offic; 4OO - 2nd Ave. So.. Minn.rpolis, Minn, 55401
INSURANCE POLIGY
AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY
FORM B - 1970
laau.d l||ro||gh (||a ollloo ot!
LAND TITLE GUARAT{TEE
COMPANY
3150 EAST THIRD AVENUE
DENVER, COLORADO 80206
PHONE: 321.1880 AC.303
INNESOTA
.612/322.5111
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POLICYNO. AZ OBL427
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
FORM B - 1970 (Amended 10-17-701
:.' i :'l .. rt
i ITLE NSURANCE OMPANY OF .INNESOTA
I r J irl
! Stock Company, of Minneapolis, Minnesota
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITTONS AND STIPULATIONS HEREOF,
TITLE INSURANCE COMPANY OF MINNESOTA, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees
and expenses which the Company may become obligated to pay hercunder, sustained or incurred by the insured by reason of:
l. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defecf in or lien or encumbrance on such title;
3. hck of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the said Title Insurance Company of Minnesota has caused its corporate name and seal to
be liereunto affixed by its duly authorized officers as of the date shown in Schedule A, the poliry to be valid when
countersigned by an authorized oflicer or agent of the Company.
A
NSURANCE -OMPANY OF INNESOTA
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
l. Ary law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoynrent of the land, or regulating the character,
dimcnsions or location of any improvernent now or hereafter erected on the land, or prohibiting a separation in' ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law,
ordinance or governnrcntal regulation.
2. Rights of eminent domain or governnrcntal rights of police power unless notice of the exercise of such righls
appears in the public records at Date of Policy.
3. Defects, licns, encumbrances, adverse clainrs, or other matters (a) crcated, suffered, assumed or agreed to by the
insured claimant;(b) not known to the Conrpany and not shown by the public records but known to the insured
clainmnt eithcr at Date of Policy or at the date such clainrant acquired an estate or interest insured by this policy
and not discloserl in rvriting by the insured claintant to the Company prior to the date such insured clairnant
becante an insured hcreunder; (c) resulting in no loss or danrage to the insured claitnanfi (d) lttaching or creeted
subsequcnt to Dltc of Policy; or (e) resulting in loss or danrage which would not have been sushined if the irrsured
clainnnt had paid valuc for the cstatc or iutercst insuted by this policy.
-lr
L
Form t3o 2/73 3OM
Copyrlohr 1969 Amorlcon Lond Tltlo Ar.oclsllon
Authorized Offiuer or Agent
President
r' :.
'...::
Secretary
J
(Contimrcd from insidc tont lla!,)
of the Comptny shall ceslc rnd lcrmioate in reBard to thc nraatcr or
moaters for which such prompt notice is requircdi providcd, horv.
evcr, ihat failurc to notify shall in n0 case prejudice thr right$ olany such insurcd under this policy unles.r the Compony shall bcprcjudiced by such failurc and then only to the cxtent of such
ptcjudicc.
(c) The Company shall hayc the riSht at it5 orvn cost tolnslituae and without undue deloy prosecute any action orproceeding or to do any other cct which in its oJrinion mry beneccssary o. desirabl€ io establish the title to the estate o! inlereslts insured. and the Company may ttkc an!, approprirte ilction underthe terms of this policy. whether o. not it shall be liable tltcreund€r.
and shall oot thereby conc€de liability or waive !ny provision of thispolicy.
. (d)_Whcne-ver the Company shrll hrvc brought any action ormterposeo a detense as required or permitted by lhe provisions oflhis policy, lhe Company may pursue any such litigaiion to finaldet€lmin0tion by a court of competent jurisdiction and expressly
res€rves the right, in its sole discretion, to 8ppeal from any idversejudgment or order.
(e) ln all cases wh€re this polic:/ permits or requi.es re
Company ao prosecute or provide for the defense of any action or
proceeding, the insured hereunder shall secure to the Company therighl lo so prosecute or provide defense in such aclion or
procecding, and all appeals therein, and permit thc Company to use,
8t ilt oplion, the namg of such insured fot such purpose. Whenever
requesled by the Company, such insured shall give the Company all
reasonable aid in any such action or procecding, in effecting
settlement, securing evidence, obtaining \titnesses. ot prosecuting ot
defcnding such action or proceeding, and the Conrpany shall
reimburse such insured for any expense so incuffed.
4. Notics of Loss - Limitation of Action
ln addition to the notices required under paragraph 3(b) of these
Conditions and Stipulations, a statement in $Titing of any loss ot
damage for \lhich it is claimed the Company is liable under this
policy shall be furnished to the Company vilhin 90 days after such
loss or damage shall have been determined and no right of action
Ehall accruc lo an itrsured claimant unril 30 days after such
slatement shall hate been furoished. Failurc to furnish such
3tatement of loss or drmsge shall terminate any lhbility of ahe
Company under this policy as to such loss or dlmage.
5. Options to Pay or Othenvise Settts Claims
The Conpany shall have the option to pay or other\r,isq setne
for or in lhe name of an insured claimant any claim insuted againstor to lerminate all liability and obligations of the Company
hereunder by payir,g or tendeling payment of the cmount of
insurance under lhis policy together $ilh any cost', attorneys,fees
lnd expenscs incurred up to the timc of such payment or tender ofprymentt by the insured claimant and authorized by ahe Comp0ny.
6. Determination and Payment ot Loss
(a) The liability_of the Comprny unde. this policy shall in no
case excced lhe leasa ofi
(i) the .ctual loss of the insured clsimant: o. .
(ii) the anlounl of insurance stoted in Schedule A: or
(b)The Company rvill pay, in addition to any loss insured
against by this policy, all costs imposcd upon an insured in tirigraion
caffied on by thc Company for such insured, and all costs,
sltorneys'fees tnd expenses in liti8rtion carried on by such insured
with thc written authorizalion of thc Conrpany.
(c) \\'h€n liabi.lity has been definitely fixed in |ccordcnce\yith thc conditiotrs of ahis policy, the loss or drnrage shull be
paysble wiahin 30 dtys t[ere3fier.
7. Limitation of Liability
No claim shlll xrisc or be maintainlble under this policy (r) if
the Comllny. lfter hnving .ecrived ooticc of on Jtlcged dct'cct, lienot r'ncumblance insurr.d iU::tinst hcreunde'r, by litig:ttiolt or
olhdr\vise. r!'mo!'cs such d!.fect, licn or {ocumbroncc or cstrblislrr's
thc tilh', as insurcrl, !r'ilhi|l a .t'Jsonrble timl' tlt('r reGila .)f such
nolicr.: (b) in lhc dtcflt of lirigJtion until thr'rc hirs bccn I final
dei!'rnrination by a court of comp..tr'nl jurisdiction,.lnd disn()sition
of lll Jpl'!'sls ah!..r'froflr. itdlerse to th(' tittc,l|s insurcd, irs pro|irlcd
ln parrgraph 3 hercofl or (c) for lixbilitr- voll|nttril:/ lssrrnrt,d b' an
insu.cd in !('ttling rrny clninr ()r suit $'ithout prior \r,rittco cot|sr' t of
lhc Company.
8. Reduction of Liability
All loymenls undcr lhis policy. cxccpt payments nl!(le for c.)sts.
atloancys' fees a1d expensr:s, shall ,rduce the amounl of thr
insurance pro aanto. No paymcnt shtll bc m{de wiahout producint
ihis policy for cnd(trsenrcnt ()f suclt p!'mcnl ultlcrs thc policy bclolt 01 dcstroyed, in $,hich clse proof of s[ch loss or dcstruction
shall be fu.Dished to ahe satisfaction of thd ComDany.
9. Liability Noncumulative
It is expressly understood that the amount of insurance under
this policy shall b. rcduced by any ilmot|nt thc Compon]. ma:/ pay
under any policy insuring either (a) r nrurtgage slrown or refer.ed to
in Schedule B hercof lvhich is a lien on the €stlte or intercsl covered
by thir polic!,, or (b) a mor(gige hereafter crecuted by Jn insured
which is a charg€ or lien on the estate or interest dr'scribed or
rcferred to in Schcdulc A, and the amoun! so paid shall bc deemcd Iplyment under this policy. The Company shrll hsve the option to
apply to the paymcnt of any such mo girgcs aoy arnount that
other$.ise would bc payable hereunder to the insu.ed o\rnet of thc
cstate or interest covered by this policy rnd the amount so paid
shall be dcemed a payment under lhis policy to said insured owner-.
10. Apportionment -' .
If lhe land described.in Schedule A consists of lrvo or morc
parcels which are not used as a single site, and a loss is cstablished
offecting one or nlorc of said parcels but not all, the loss shall be
computed and settled on a pro rata basis as if lhe ancunt of
insurance unde! this policy w.s divided pro rata as to ahe value on
Date of Policy of each separate prrcel to the whole, exclusive of any
improvemenls mrde subsequent to Date of Policy, u[lcss c liability
or value h!s olherwise bcen agreed upon as to each such parcel by
th€ Company and the insured at the time of lhe issuancc of thispolicy and shown by !n express statement hcrcin or by En
cndorsemeot attached herelo.
11, Subrogation Upon Paymenl or Settloment
\,1/hcnever the Compaoy Ehall hsve settled a claim under this
policy, all righl of subrogaaioo shall yest in the Company unafl'ectedby any acl of the insured claimant. The Company shall be
subrogaled lo and be entitled to all rights and remedies whi';h such
insured claimant would ha\€ had against any person or property in
respect to such claim htd this policy not been issned, nnd if
requested by the Company, such insured chimant shall trcnsfer to
the Company all rights and rem.dies against any person or p'operty
necessary in order lo perfect such right of subrogation atld shall
permit the Company to use the name of such insured cloinranr in
any transaction or litigation involving such rights or remcdies- lf rhe
paymelrt does nol cover lhe loss of such insured claimant. the
€ompany shall be subrogated to such rights Jnd remedies in the
proportion which said paynlent bears to the amount of said loss. lf
loss should result from any act ofsuch insured claimant, such acr
shall not void this Folicy, but the Company, in that event, shall ber€quired to pay only that pltt of any losscs insurcd rgainst
hereunder which shall exceed the amount, if anv, lost to the
Company by reason of the impairnrent of the right ofsubrogation.
12. Liability Lirnited to this Policy
This instrument logether with all endorsements and oaher
instruments, if arly, attached hcreto by the Company is thc antir€policy a||d contracl betlveen thc insured and the Company.
Any claim of loss or damagc, whether or not brsed oo
ncgligence, and $'lrich arises out of the stalus of the ti c to thr,
cslate or inter('st coverr'd hercby or any action nsserting such cliim,
shall be restricted to the proyisions 8nd condition$ and stipulations
of this policy.
No amendment of or cndorsr'ment fo this policy ccn bc madcexcept by $Titing endorsed hereon or ttlchcd h!'reto si![cd by
either thc Prcsidcnt, s Vic(' Prcsidcnt, ahs Sccrctrr!,, n Assisarnl
Secretury, or v!lid0tirg officcr or authorizcd signutory of the
CompJny.
13. Notices, Where Sent
All roticcs rcquir('d to be givr'n thc Cl|nlfrny lnd aoy strtcnlltrt
In \r,riling rcquircd lo bc frrr islrr.rl thc Conlltuny shirll bc uddrcssrd
to its H()nrr'Officc,Iliu||crp()lis, Mitln!.s{)t] 5 540l.
Notc: This policy vllid orrly if Schcdulcs A and B rre rttrchcd.
o
CONDITIONS AND STIPULATIONS
1. Osflnitlon ot Trrmr
Thc followlnS termr whcn. used in thls policy mean:
(a) "insured": thc lnlured namcd in Schedulc A, and, subjectao rny rights or defenrcs thc Compsny may have trai agiinsi'irr,named insurcd, those who succeed to thl interest of such lisurcd by
9pcrslion of lsw as distinguisb.d from purcha!€ incluclinr, bui norllmiled lo, hairs, disaributees, d€visces, sutviyors, personal
r€prcs€nlotivca, ncxt of kin, or corporste or faduciary suc"ur"ors,
(b) "inlurcd clalmrnt": an inaur.d claiming lo$ or dsmagehlrcunder.
- -(9) "knowledge"i actust knowledSc, not constructlvekno$,ledge-.or noaica which m.y bc imputed-to rn insurid Uii.iso"of any pubuc rccordr.
(d) "tond": thc land dcscribed, spccificolty or by rcference inSchcdulc A, and imF ovemcnts affiicd rtrerito rv'fricfi Uv-irwConstilula rcsl properly; piovidcd, howrwr, lhc tcrm .,land; do;snot include ony propcrty beyond ahe lines of th? oree sDccifictllvdescribcd or rcfcrred to in Schedule A. nor ony ,ighr, aitt;, intcrcsi,eslitls ot etsar|lent in abuning jtrseltr tocdtr avenues, alleys, lrncs,ways ot walcrlrtys, bol nothlng hcrci]| shrll modify or limit thca:tet|l -to rvhich a riglrt of access to rtld from thc tand is Insurcd by
ahi3 pollcy.
- (c) "mortgrtc": mortgstcr deed of lru3t. trusl .lccd, Dr olhcrtecurily Instrumanl.
(Q..public rccordr"! tho36 rccordr whtch by hw lmorrlconslruclivc notic? of mrt|crt rcloaing to lsid lsnd.
2. Contlnuation of lnsrrancs rftlr Convsydtca ot lltl,
_ Thc covcrage of this pollcy shall continue in forca !3 of DrlG otyolacy in favor of an Insured so long rs such insurcd rattins In csarrcor interest in thc land, or holds an indebtcdness ,.cr.iO -Uv
opurchase money rnortgage given by 8 purchasc, fr<lm sucb insuiect,or so long as such insured shall have liability by rclron ol corcnanrrof warrlnty made by 3uch insured in any tranifer or con".vrnciofsuch_ estaae ol intercsti provided, howeva,r, this poticy shrlt- norcortinuc in force in favor of any purchaser from'ruch insurcd oteilher said estrt€ or interest or ihc indebtcdness s."uroa Lv .purchase moncy mortgoge giwn ro such insurcd.
3. Datcns. 8nd Prosecution of Actions - Notics ol Ctalrn to bo
Oiv€n by an Insured Claimant
, (s) Thc Company, .t its orvn cost and withoua unduc dclay,shall providc for the defensc of an in3urcd in 8ll litigation consislin8of-adtions or proceedings commenced againlt ru;h insurcd, oi edefcnse inlerp{rscd against an insurcd in an aclion to ctlfo]cr Icontraca for I sale of tlre cst te or iotercal in slirJ tand, to thc cxicnrlhrt sllch liligttiol it founded upot| an sllcged defcct, llcn,cncumhrllnce, or other ma er insured againrt by thts policy.
(b) Ttc insurcd shall notify thG Contpsny promrrtty in writini(i) in cose lny actior or proceeding is bcgun oiOllensi iiintcrnorccas sct torth in (r) rhovc, (ii) in crsc knowlcd8c shall comcio rninsurcd hcrcundcr of tny clain of ritlc or interint wlrich is iCwrseto ihc litl€ lo the cstate or intcre$t, as insurcd, rnd which nhhtcaus€ loss or dumagc for which rh€ Company mcy Uc liitrf,-iy. virruc of- this. poticy, or (iii) if tirlc ro rhc esrlao;, mtcilii. LIntutcrt, ts t(reclcd !s unmo.kctablc. lf such prompt notic€ shrllnot be Biycn to ihe Comprny, rhen ss 1e such insuicd aU firUifiiy
lconritntcd on inidc ba& fup1
,1
. '. E -.-,.,. . .r|
TIM Ownrc Fcrm 2312 M
File No.6t 2742
SCHEDULE A
PolicyDate July 9. 1975 at 8:00 A.M.
Name of Insured:
S.H.B. ENTERPRISES, a General Partnership [as to Parce'l l)
The estate or intorest in &e land dcscribed herein and which is covered by this policy is:
SIMPLE
4. Title to the estate or interest covered by this policy at thc date hereof is vested in:
S.H.B. ENTERPRISES, a General Partnership (as to parcel l)
Policy No. AZ 081427
Amount$ 107.985.24
t.
L
3.
A FEE
5.' The land referred 1o in this policy ir sitriated in the County of _
State of CO] orado and is described as follows:
PARCEL'l - Lot 24, Block 2, BENCHMARK AT BEAVER CREEK SUBDMSI0N, accordingto the plat thereof, recorded December 26,, 1974 in Book 238 at
Page 41, County of Eagle, State of Colorado.
PARCEL 2 - Lot 10, VAIL Vit-UeE, SECOND FILING (Amended Map), according to
the recorded plat thereof. County. of Eagle, State of Co1orado.
Thir Policy valid only if Schcdulc I is attachcd.
I
I
I
I
o
TIM OWNERS AT3FORM 2313
FileNo. CU Z74Z policyNo. AZ Ogl4Z7
SCHEDULE B
This policy does not insure against toss or damage by reason of the following:
l. Rights or claims of parties in possession not shown by the pubric records.
2. Easements, or claims of easements, not shown by the public records.
3' Discrepancies, conflicts in boundary lines, shortage in area, encroachnrents, and any facts which a correct survey andinspection of the premises would disclose and which are not shown by the public records.
4' Any lien' or right to a lien, for services' labor, or material theretofore or hereafter furnished, imposed by law and not shownby thc public records.
5. General or special taxes and assessments required to be paid in the year 1976and subsequent years.
6. Liens for unpaid water and sewer charges, if any.
7' A subordination Agreement, subordinating,the-lrlortgage shown in Item 3, S.chedds-E-lto the Deed of Trust shown in Item 4, sibadds-gj,'ilas recorded May 9,J97q, inBook 234 at Page 648. -
-
"s'f r' 'r
B' Restrictive covenants' which do not contain a forfeiture or reverter clause, as'contained in instrument recorded reoruaiy 2z: iet4;'il'Bdi( l5i-;i-Fuiu-sos, u,amended-pJ, instrument recorded Apri't 7, igis tn eo6k'l':s al Fige-i+bl'-(iitectsParcel 'l )
9' Covenants, conditions and restrictions as shown on the plat. (Affects parcel i)
10. Deed of Trust dated June 20, l97S from S.H.B. ENTERPRISES, a General partnership tothe Public Trustee^of^Eag1e county for the use-of-Fitiii wEstnilo lrnrrbr,rni"aRilK tosecure the sum of $120.000.00 recbrded June 30, 1975'in sook-2ao it Figl-s)s.
Assignment of Rents in connection with said Deed of Trust r.ras recorded July g, .l975'in Book 240 at page 733.
ll. Restrictive covenants, which do not contain a forfeiture or reverter clause, ascontained in instrument recorded January 9, 1963 in eoot 174 ti-i;g; +iil--(nii..t,Parcel 2)
Ir, /'.t'
CONTRACT OF SALE
THIS CONTRACT, entered into this
"O
day of
t
l,)?Canbl-r , 1976r by and berween THor,rAs r.
STEINBERG, IfILLIAM A. HOLM And WILLIA.I4 A. BEVAN (hCTCiNAftCT
referred to as "Sellers") and the TOWN OF VAIL, a Colorado
municipal corporation (hereinafter referred to as "Buyer").
(1) PREI4ISES.
The Sellers agree to sell and convey, and the
Buyer agrees to purchase and pay for the real property located
in Eagle County, Colorado, described as: Lot 10, Vail- Village
Second Filing, as more particularly shown on the attached
Exhibit "A:, which by this reference is made a part hereof.
Hereinafter, this real property is referred to as the "Premises".
The Premises are sold and shall be conveyed subject to those
matters set forth and referred to in this Contract of Sa1e.
(z',) PURCHASE PRTCE.
The purchase price sha1l be Seventy
payable in fuIl at the closing by the
Sellers of cash or certified funds.
(3) TITLE.
Thousand ($70'000)
Buyerrs deliveryDol-lars
to the
(a) The Buyer, at its expense' agrees to obtain
a title opinion or title insurance commitment from a responsible
titLe company showing the status of record title to the Premises
and the title commitment to ensure marketable titl-e to the
Premises to the Buyer in the amount of the purchase price upon
Palzment of the policy premium by the Buyer and the satisfaction
of certain requirements by the Sellers. The title insurance
commitment may be subject to the standard printed exceptions
appearing in title commitments issued by said insurer and sub-
ject to easements, restrictions, reservations or interests of
record or visible on the ground, the taxes for 1976 payable
in L977, or the general taxes for L977 to the date of closing.
CONTRACT OF SALE
(b) Further, the
Buyer a Qcrtificate of Taxes Due
of Eagle County, Colorado.
Page 2
Sellers shall suPPlY to the
prepared by the Treasurer
(c) If the Buyer asserts the existence of
any encumbrance, encroachment, defect in or objection to title,
other than those set forth or referred to in this Contract
which renders title to any portion of the Premises unmarket-
able which the Buyer does not waive (any of which is ca]led
a "Defect of Titletr), the Buyer shall get written notice of
such Defect of Title to the Sellers promptly after discovery
of such defect and in any case at or before closing of title-
After the receipt of such notice, the Sellers may elect to
proceed to remove or cure such defects at their expense and,
if the Sellers so elect, the Sellers shall be entitled to an
adjournment of the closing of title for a period of twenty
(20) days in which to remove or cure such defects. The
Sellers shall be entitled to use the proceeds from the closing
of title to cure or remove any Defect of Title which may be
removed by palzment of an ascertainable.sum of ntoney. The
Sellers shall aLso be entitled to provide the Buyer with title
insurance protection against any Defect of Title and such
title insurance shalt be deemed to satisfy the Setler's obli-
gation to remove or cure such defect. If the Sellers do not
remove or cure such defect, or if the Sellers so elect and are
unable to remove or cure such Defect of Title within twenty
(20) days after delivery of Buyerrs notice thereof, the Buyer
may elect either to waive such defect or to terminate this
Agreement. If the Buyer does not give the sellers written
notice of termination on or before the closing date or the
adjourned closing date (if Sellers have elected to attemPt to
cure such defect), the Buyer shall be deemed to have waived
such defects.
CONTRACI OF SALE Page 3
(4) CLOSTNG OF TrrLE.
. The closing of title shall be on January l, ]-977,
and shall be held at the office of the Town Manager, Municipal
Building, Vail, Colorado, at an hour specified by the Buyer
unless (a) adjourned pursuant to Paragraph (3) above, or
(b) set at another date by written agreement of the parties' -
At the closing, the folfowing sha1l occur, each being a con-
dition precedent to the others and all being considered as
occurring simul-taneously :
(a) The Buyer shal-l deliver to the Sellers
cash or certified funds as provided in Paragraph (2) above'
(b) The Sellers shall deliver to the Buyer
an executed and acknowledged General Warranty Deed to the
premises subject only to those matters set forth in Subpara-
graph (3) (a) above and any Defects of Title waived by the
Buyer pursuant to Subparagraph (3) (c) above.
(c) The Buyer and the Sellers shall execute
and deliver such other documents and shal-l take other action
as may be necessary to carry out their obligations under this
Aqreement.
(5) TAXES.
The Sellers shall- pay all real property taxes levied
19?6 and for the Period from
of closing inclusive. Those
to the Treasurer of Eagle CountY,
(6)DATE OF POSSESSTON AND USE OT' PREMISES.
of the Premises
(a) The Buyer shal-l be entitled to possession
upon the closing.
(b) The Buyer shall have the use of the Premises
the date of closing.
BUYERIS REPRESENTATIONS.
on the Premises for the Year
January I, L977, to the date
taxes shall be paid directlY
Colbrado.
from and after
(7)
The
organizcd and
Buyer represents and warrants that
validly existing Colorado municipal
it is a duly
corporation
.u to
coNTRSf oF SALE Page 4
and has full povrer and authority to entcr into this Agreement.
The Town.Manager and the Town cl-erk are authorized to execute
and attest to this Agreement on behalf of the Buyer in accor-
dance with ordinance No. , Series of L976.
(8) BROKERS.
Each party represents to the other that there are
no real estate brokers having any claim for compensation or
expenses as the result of this transaction.
(9) NorrcE.
Any notice, demand pal'ment or other comrnunication
required or permitted to be given by any provision of this
Agreement shall be hand delivered or sent by registered or
certified mail, postage prepaid, and shall be addressed to
the parties at the address set forth below:
gellers: Thomas I. Steinberg
william A. Holm
Will-iam A. Bevan
Vail Medical Professional Corporation
P. O. Box 1328
Vail , Colorado 81657
Buver: Town of Vail
P. O. Box 100
Vail-, Col-orado 81657
Attention: Town Manager witir a copy
sent to the attention of
the Town Attorney
Any notice, demand' payment or other conununication
made in accordance with this paragraph shall be deemed to
have been duly given or delivered on the date the same is
hand delivered to the recipient or seventy-two (721 hours
after the same is deposited in a post office or postal box
regularly maintained by the United States Post Office'
(10) ASSIGNABILITY.
The Buyer may not assign its rights under this Agree-
ment without the prior written consenL of the Sellers'
(1T) DEFAULT AND TERIIINNTION.
Unless otherwise provided in tilis Contract, upon
default prior to or at closing, thc party not in default may
declare this Contract terminated or obtain specific perfornance
CONTRACT OF SJ\I,E Page 5
hereof. Upon termination of this Contract, both parties shalI
be releaqe<l from all further obligations hereunder.
(1.2I MTSCELLANEOUS .
(a) This Contract shall be binding upon and
inure to the benefit of the Buyer and the Sellers and their
respective successors, heirs, and assigns
(b) This Contract, together with the Exhibit
attached hereto, contains the entire Agreement between the
parties and may not be modified in any manner except by an
instrument in writing signed by both parties.
. (c) The section headings are inserted only
for convenient reference and do not define, limit, or prescribe
the scope of this Contract or the Exhibit attached hereto.
(d) This Contract sha1l be construed and
enforced in accordance with Colorado Law.
EXECUTED on the day and year first above written.
SELLERS:
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BUYER:
TOhIN OF VAIL, COLORADO
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ATTEST:
Tdffell J.
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EXHIBIT "A.'
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GROUND LEASE
AND AGREEMENT TO PURCHASE
THIS AGREEMENT, made and entered into as of the
?:.
day of ruhftrA6r1l,1 , L977, (hereinafterJ-referred to as I'the date of this Agreement"), bY and between
THOMAS I. STEINBERG, WILLIAM A. HOLM, and WILLIAI'I A. BEVAN
(hereinafter referred to as "LESSoRS"), and THE TowN oF vArL,
a Colorado home rule municipal- corporation (hereinafter
referred to as "TOlilN" ) ,
WITNESSETH:
(1) Lessors, for and in consideration of the rents,
covenants, and agreements hereinafter mentioned to be paid'
kept and performed by the Town, has let and leased, and does
hereby let and lease unto the Town the following described
real property situate in the Countlz of Eagle and State of
Colorado:
Lot 10, Vail Village Second Filing'
Town of Vail
To have and to hold the above-described real property (a11 of
the property hereby leased being hereinafter referred to col-
lectively as "the leased premises") to the Town for the period
of four months, conmencing on January 1, 1977, and ending at
noon on May J- . L977 .
(2) Warranties of Lessors.
f,essors warrant that they have the right to
lease the leased premises and covenant with the Town that,
conditioned on the Townrs faithful performance and observance
of the Townrs covenants contained herein, the Town shall have,
from the date of this Agreement, quiet and peaceable possession
of the leased premises during the lease term, subject to this
Agreement, and Lessors will defend the Townrs possession against
any and all persons whomsoever. This Agreement and the lease
term shall, however, expire and all rights of the Town here-
co
GROUND LEASE Page 2
under terminate automatically upon the expiration of the
term of this Agreement, without notice or demand upon the
Town.
(3) Covenants of the Tohtn.
The Town does hereby lease the leased premises
for the term of this Agreement and agrees to the following:
(a) To use the premlses for recreational
or governmental Purposesi
(b) To keep and maintain the leased premises
in ae good a condition as it is on the commence-
ment date of this Lease and not to commit waste
of the Leased premises or any portion thereof;
(c) To pay a rental fee of $2800.00 payable
in monthly Palzments of $700.00 each, due and
payable on the lof day of each month during
the term of this Lease.
(d) The Town will enter into possession of
the leased premises immediately upon commencement
of the tern of this Lease and will thereafter
during the term of this Lease occupy and hold
possession of the leased premises, holding
Lessors exempt and harmless frorn any damage or
injury to any person, or personalty, by reason
of the possession of the leased premises, or the
Tovtn's other operations conducted upon the leased
premises, except as such injury or damage may
result from the negligence of the Lessors.
(e) The Town shall, at its sole cost and
expense, maintain in force during the term of this
Agreement a policy or policies of comprehensive
general liability insurance covering the Lessors'
(4) CovenantL ol I,eEEerE.
Lessors in consideration
or herein made to be kePt
It is further agreed bY
rents and covenants to be Paidof the
co
GROUND IEASE Page 3
by t,he Town, that Lessors covenant as follows:
(a) That the leased premises may be used
for the purPoses set forth herein and that
the Town shatl- have excLusive use of the leased
premises, subject to the terms of this Agreementi
(b) Lessors wiLl not take any other action
which would prohibit or restrict the Townrs
use of the leased premises in accordance with
this Agreement;
(c) To pay all ad valorem taxes, assess-
ments and other pubJ-ic charges levied or assessed
by the federal ' state or local governments upon
the leased premises, this Lease Agreement, the
rents herein reserved, and any improvements
erected thereon, and will at all times save the
Tovtn harmless from the payment tbereof.
(5) Conditions of Grant.
This Agreement is made upon the condition that
the Town shal-l perform all- the covenants and agreements herein
set forth to be performed by it. If there shall be default
on the part of the Town in the payment of rent, or other con-
dition j-n the performance or observance of any of the remaining
covenants or agreements to be observed or performed by it and
such default shall continue for thirty (30) days after written
notice of such default and demand for performance is given by
Lessors to the Town, Lessors shall have fuLl right, without
further demand or notice which are hereby waived, to enter
upon the leased premises and to take immediate possession
thereof and to bring suit for and collect all rents, paymFnts
or other charges which shall have been accrued to and f
the tirne of entry. upon such default this Agreement and pIl
rights herein granted shall become void to all intents
purposes whatsoever and all improvements made on the lea
premises shall be heLd by Lessors as security for the payfnent
of amounts due under this Lease by the Town'
co
GROUND TEASE Page 4
(5) Mutual Agreements.
It is further mutually agreed by and between
parties hereto as follows:
(a) Notice. A11 notices' requests, consents,
option and other communications under this Agree-
ment shall be in writing and shall be deemed to
have been sufficiently given or served if delivered
or mailed by first c1ass, registered or certified
mail, sufficient postage prepaid, addressed as
follows:
If to Lessors: Thomas I. Steinberg. william A. Holm
william A. Bevan
Vail Medical ProfessionaL
CorPorationP. O. Box 1328
Vail , Colorado 81557
If to the Town: Town of Vail
P. O. Box 100
Vail, Colorado 8L657
Attention: Town Manager
Copy to Town AttorneY
The addresses herein given may be changed by the
party affected thereby by notice given pursuant
to the provisions of this paragraph.
(b) Waiver. No waiver, expressed or impJ-ied,
of any breach of any covenant, condition or stipu-
lation hereunder shall be taken as a waiver, expressed
or irnplied, of any succeeding breach of the same
covenant, condition or stipulation. The acceptance
of rent by Lessors shall not be deemed to be a
waiver (except as to any default arising out of the
failure to pay the rent so accepted b1z Lessors) ' of
any breach of the Town of any covenant herein con-
tained or of the right of Lessors to re-enter for
breach of condition.
(c) Covenants Against Liens.
(i) BY the Town. During the term of
this Agreement, the Town covenants promptly to
discharge or cause to be discharged every lien,
ro
GROUND LEASE Page 5
charge or encumbrance of any nature whatsoever
created by the Town and no others, which may be
filed against the leased premises, and the Town
will indemnify and save Lessors harmless from
all loss, cost and expense, including reasonable
attorneys' fees, which Lessors may sustain by
reason of such lien, charge or encumbrance r or
in defending against such lien' charge. or encum-
brance.
(ii) BY Lessors. During the term of
this Agreement, Lessors covenant promptly to
discharge or cause to be discharged every lien,
charge or encumbrance of any nature whatsoever
created by Lessors and no others, which may be
or have been filed against the leased premises,
and lessors will indemnify and save the Town
harmless from all loss, cost and expense, inclu-
ding reasonable attorneys' fees, which the Town
may sustain by reason of such lien, charge or
encumbrance, or in defending against such lien'
charqe or encumbrance.
It is also mutually agreed by and between the
parties hereto that in consideration of the foregoing covenants
of each of the parties, one to the other, the Town hereby agrees.
and Lessors hereby agree to sell, on or before the first day of
YIay, L977, the following described real property situate in
the County of Eagle and State of Colorado, to-wit:
Lot tO, vail" village Second Filing,
Town of Vail
(8) At the closing date for said Agreement to sell
and purchase, the Parties agree as fol-lows:
(7) Agreement to Purqhase Leased Prefitigeg.
GROUND LEASE
ro
Page 5
(a) Lessors agree to sell and convey, and
the Town agrees to purchase and pay for the real
property located in Eagle County, Colorado, des-
cribed as Ict 10, Vail- Village Second Filing,
Town of vail .
(b) The purchase price shaLl be Seventy
Thousand ($70,000) Dollars payable in fulI at the
closing by the Townts delivery to Lessors of cash
or certified funds.
(c) The Town, at its expense, agrees to
obtain a title opinion or title insurance comrnit-
ment from a responsible titl-e company showing the
status of record title to the premises and the title
commitment to ensure marketable title to the prernises
to the Town in the amount of the purchase price upon
palzment of the policy premium by the Town and the
satisfaction of certain requirements by Lessors.
The title insurance commitment may be subject to
the standard printed exceptions appearing in title
commitments issued by said insurer and subject to
easenents, restrictions, reservations or interests
of record or visible on the ground, the taxes for
19?6 payable in Lg77 | and the general taxes fox 1977
to the date of closing
(d) Further, Lessors shall supply to the
Town a Certificate of Taxes Due prepared by the
Treasurer of Eagle County, Colorado.
(e) If the Town asserts the existence of any
encumbrance' encroachment, defect in or objection
to title, other than those set forth or referred to
in this Agreement, which renders titLe to any portion
of the premises unmarketable which the Town does
not waive (any of which is called a "Defect of Title"),
GROUND LEASE
(-o
Page 7
the Town shall get written notice of such
Defect of Title to Lessors promptly after dis-
covery of such defect and in any case at or
before closing of title. After the receipt of
such notice, Lessors may elect to proceed to
r emove or cure such defects at their expense
and, if lessors so eLect, L,essors shal1 be
entitled to an adjournment of the closing of
title for a period of twenty (20) days in which
to remove or cure such defects. Lessors shall
be entitled to use the proceeds from the closing
of title to cure or remove any Defect of Title
which may be removed by payment of an ascertain-
able sum of money. Lessors shal-l also be entitled
to provide the Town with title j-nsurance protection
against any Defect of Title and such title insurance
shall be deemed to satisfy Lessorsr obligation to
remove or cure such defect. If Lessors do not
remove or cure such defect, or if Lessors so elect
and are unable to remove or cure such Defect of
Title within twenty (20) days after delivery of
the Townts notice thereof, the Toetn may elect either
to waive such defect or to terminate this Agreement'
If the Town does not give Lessors written notice of
termination on or before the closing date or the
adjourned closing date (if Lessors have elected to
attempt to cure such defect), the Town shall be
deemed to have waived such defects.
(f) The closing of title shall be on llay I'
L977, and shall be held at the office of the Torvn
Manager, Municipal Building, Vail, Colorado, at an
hour specified by the Town unless (1) adjourned
pursuant to paragraph (8) (e) above, or (2') set at
anoLher date by agreement of the parties. At the
o
C
GROUND LEASE Page 8
cJ.osing, the following shall occur, each being
a conditj-on precedent to the others and all being
considered as occurring simul-taneously:
(i) The Town shall deliver to Lessors
cash or certified funds as provided in paragraph
(8) (b) above.
(ii) Lessors shall deliver to the Town
an executed and acknowledged General- Warranty Deed
to the premises subject only to those matters set
forth in paragraph (8) (c) above and any Defects of
Title waived by the fown pursuant to paragraph
(8) (e) above.
(iii) The Tohtn and Lessors shall execute
and deliver such other documents and shall- take
other action as may be necessary to carry out their
obligations under this Agreement.
(s) Lessors shall pay all real property taxes
l-evied on the premises for the year 1976 and for the
period from January I , 1977, to the date of closinq
inclusive. Those taxes shall be paid directLy to the
Treasurer of Eagle County, Colorado.
(h) The To\'tn represents and vtarrants that it is
a duly organized and validly existing Colorado muni-
cipal corporation and has fu1l power and authority
to enter into this Agreement. The Town Manager and
the Town Clerk are authorized to execute and attest
to this Agreernent on
with Resolution No.
1f of the Town in accordance
, Series of L977.
(i) Each party rePresents to the other that
there are no real- estate brokers having any claim
for compensation or expenses as the result of this
transaction.
(j) Any notice, demand' payment or other com-
munication made in accordance with this Agreement
beha
e
o
c
GROUND LEASE Page 9
shall be deemed to have been duJ-y given or
delivered on the date the same is hand delivered
to the recipient or seventy-two (72) hours after
the same is deposited in a post office or postal
box regularly maintained by the United States
Post Office.
(k) The Town may not assign its rights
granted by this Agreement without the prior written
consent of tessors.
(9) Default and Terrnination.
Unless otherwise provided in this Agreementt upon
default prior to or at closing, the party not in default may
decl-are this Agreement terminated or obtain specific performance
hereof. upon termination of this Agreement, both parties sha1l
be released from all further obtigations hereunder.
( l-0 ) Miscellaneous.
(a) This Agreement shall be binding upon and
inure to the benefit of the Town and Lessors and
their respective successors, heirs and assigns.
(b) This Agreement contains the entire agree-
ment between the parties and may not be modified in
any manner except'by an instrument in writing signed
by both. parties.
(c) The section headings are inserted only
for convenient reference and do not define, ljrnit,
or prescribe the scope of this Agreement.
(d) This Agreernent shal-l be construed and
enforced in accordance with Colorado law.
EXECUTED on the day and year first above written.
TOWN OF VAIL, COLORADORS:LESSO
, Stanley F. Bernstein
. \.' Acting To\,itn Manager
ATTEST:
Town-E1erk