HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5C LOT C LAZIER ARCADE HONG KONG CAFE 1998 & PRIOR LEGALoo
Design Review Action Form
TOWN OF'VAIL
Project Name: Base Mountain Sports
Project Description: Revised Front Entry Awning
Owner, Address and Phone:
Architect/Contact, Address and Phone: Kathy Langenwalter, PeeVlangenwalter Architects, P.O Box 1202,
Vail, Colorado 81658
Proiect Street Address: Wall Street
Legal Description: Part of Lots B&C, Block 5C, Vail Village l"
Parcel Number;
Comments:
Building Name: Base Mountain Sports (aka Hong Kong
Cafe)
Board / Staff Action
Action:Motion by:
Seconded by:
Vote:
Conditions:
Approved per plan dated9l22ll998
Town Planner: Georse Ruther
' Project Name: Base Mountain
DaIe: 9122/1998
F: \E\TERYONE\DRB\APPROVAL\9 n1 DRBAPPR.FRM
o
Sports
DRB Fee Pre-Paid: $20.00
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itects,l.l.c.
david mark peel, a.i.a.
kathy langenwalter, a.i.a.
25BB arosa drive
p.o. box 1202
vail, co 81658
970-476-4506
970-476-4572 fax
June 11,1998
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George Ruther, AICP
Senior Planner
Town of Vail
Department of Community Development
75 South Frontage Road
Vail, CO 81657
FAX479-2452
RE: The Hong Kong Cage building permit application, part of Lot B&C, Block 5c, Vail
Village 1st Filing, 227 Wall Street.
Dear George;
I received your letter dated yesterday, June 10, 1998 and propose to address the six items
listed as follows:
./..( Because boulders, which we wish to incorporate into the landscape, are being
unearthed during demolition, we would like to see what we end up with prior to
,,-.r,oZ _ presenting a specific landscape plan. The former dining patio area to be
.. ,r,f\ T <.LY vegetated and irrigated is now indicated and noted on the landscape plan on Sheet
Y,,.,.p \o ''' A3. We would like to submit the specific landscape plan when we have more'T'" information and prior to obtaining a temporary certificate of occupancy. I have
discussed this timing with Todd Oppenheimer and he agrees with this schedule.
Also, Todd wishes to pursue obtaining water access for the town irrigation system
through this project. This must be ananged with the building owners who are not
presently available. Delaying the final landscape plan for this area will allow him
time forthis matter.
roof drainage plan has been discussed with Greg Hall and is now indicated on
roof pfan on Sheet A6. V,itl (!u|x<r- iulo -i-.0.\. ,,:foer,t 4ettz .
@||n" parking pay-in-lieu fee of $8,731.46 wiil be submitted.
h.-
ffi)Nhen I asked Todd about a tree preservation plan he replied that he had not' ' requested the plan and feels that it is not necessary for this project.
{The building does not have rooftop mechanical equipment. The dormers with
ventilation louvers are actually allow air intake and exhaust for the system within
the building. A note to paint the louvers has been added to the east elevation on
Sheet 410.
Trhe
the
Q:1n order to proceed with the project in a timely manner, we would like to have the/ \ revised lease agreement for the landscape planter be required prior to obtaining a
temporary certificate of occupancy. Again, the owners are not presently available;
however, I have contacted Tom Moorehead and asked that he initiate the required
document.
I hope that these resolutions are satisfactory and that you will approve your segment of the
building permit today. Thank you for your assistance and cooperation with this project. lf
you have any questions or concerns, please phone me at 476-4506.
Kathy Lanfenwalter, AIA
Todd Oppenheimer
Greg Hall
Tom Moorehead
Brett Barnett, ASI Vail Land Holdings
Chris Klein, Woodstone Homes
Yours truly,
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TOWN OFVAIL
Department of Community Development
75 South Fronnge Road
VaiL Colorado 81657
970-479-2138
FAX 970-479-2452
June 10, 1998
Kathy Langenwalter
Peel/Langenwalter Architects, LLC
P.O. Box 1202
Vail, Colorado 81658
FAX 476-4572
RE: The Hong Kong Cafe building permit application, part of Lot B&C, Block 5C, Vail
Village lst Filingl22T Wall Street.
Dear Kathy:
I have completed a preliminary review of the plans you submitted with your building permit
application for the redevelopment of the Hong Kong Cafe Building. Upon completion of my
review, I have determined that there are several outstanding issues, which need to be resolved
prior to the Town of Vai[ issuing a building permit for your project.
Below is a list of items you need to submit prior to the issuance of a building permit:
l. Please submit a revised landscape plan indicating the revegetation of Earl Eaton
Plaza. The Town is most concerned with the area of the plaza from which the
existing outdoor dining deck will be removed. In addition to illustrating the
proposed landscaping, please indicate the irrigation system to be extended into the
new planter area.
2. Please submit a roof drainage plan. The roof drainage should be connected into
the existing Town of Vail storm sewer system.
3. Pursuant to the Planning and Environmental Commission approval, please submit
$8,731.46 to the Town of Vail for the parking pay-in-lieu fee ($17,462'92 x 0.5
spaces).
4. Please submit a tree preservation plan for the review and approval of the Town of
Vail Landscape Architect, prior to the issuance of the building permit.
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5. Your building pennit set of plans indicates rooftop mechanical equipment atop the
new building. Frprn,Se design, it appears the ventilation louvers adequately
screen the equipment within. However, please note on the plans that
the louvers will be to match the new building.
6. Please execute a revised lease agreement for the landscape planter on the south
side of the building.
Upon the completion ofthe items listed above, the Town of Vail will issue the building permit for
the redevelopment of the Hong Kong Cafe. In the meantime, should you have any questions or
@ncerns wiih ttre information addreised in this letter, as always, please do not hesitate to call.
You can reach me et 479-2145.
Sincerely,
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George Ruther, AICP
Senior Planner
xc: Todd Oppenheimer
Greg Hall
Gary Goodell
GENERAL INFORMATION
This application is for any projcct rcquiring approval by thc planning and Environ
information, scc thc submittal rcquircmcnts for thc particular approval that is rcql
acccptcd until all rcquired information is subnrittcd. Thc projcct nray
and/or thc Design Rcvicw Board. ^ )
TYPE OF APPLICATION:
U Additional 6RFA (250)tr Bcd and Brcaldai;t
tr Conditional Usc PcrmitD Major or D Minor Subdivisiontr RczoningD Sign Variancc
tr Variancc
tr Zoning Codc Amendnrcnt
DESCRIPTTON OF THE REQUEST:
Qucstiof Call thc Planning Suff at 479-2i18
ission. For snrxific
application can not bc
by tltc Town Council
t Plan
_)
CCI Exterior Altcration
A PPI.I CATI ON FOR PI,AN NI NC A ND E NVI RONilI ENTA I.
COMMISSION APPROVAL
"l\@^Y'4'p1o"""o bd'
Major or tr Minor CCil Extcrior Altcration
(Lionshead)
Spccial Dcvclopment District
Major or E Minor Anrcndmcnt to an SDD
A na jer exterior alteration Section 18.24,065
in Commercial Core I Zane for the exi Hong Kong Cafe Build
tr
o
B.
TOI'/JN OFYAIL
additional story to t.he existing building is being proposed.
C.LOCATTON OF PROPOSAL: LOT_E:I:C$LOCK__5C_ FtLrNc vail Village First Filing
ADDRESS:B U I LD ING NAM E :"&qg gqqe4qf e,*uiiSFil1iltr'..'
D. ZONING:
NAME OF OWNER(S): ACI
MAILING ADDRESS:
I
o
Land Holding,L.L.C. - Brett Barnett., Co*Manager
Base Mountai.n Sports, 492 East Lionshead Circle
81657 pHONE: 970-476-9457, ext.r9
F. OWNER(S) SIGNAT
G.NAME OF REPRESENTA enrvalter Architects.Kathy enwal t er
Va11, C0 81658 pHONE: 970_476_4506
H. FEE. SEE THE SUBMITIAL REQUIREMENTS FOR THE APPROPRIATE FEE.
STIBMIT THTS APPLICATTON, ALL SUBMITTAL REQUTREMENTS AND THE FEE TO THEDEPARTMENT OF COMMTINITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD.
MAILINGADDRESS: P.0. Box 1202
vArL, coLoRADO E1657.
Rcvircd 6D5
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
April13, 1998
A request for a Major CC1 Exterior Alteration to the Hong Kong Gafe Building, to
affow for a change in use and to permit exterior changes, located a|227 Wall
StreeVLot B & C, Block 5C, VailVillage 1st Filing.
Applicant: ASI Vail Land Holding, L.L.C., c/o Base Mountain Sports-Brett
Barnett, represented by Kathy LangenwalterPlanner: George Ruther
DESCRIPTION OF THE REQUEST
The applicant, ASI Vail Land Holding, LLC., represented by lGthy Langenwalter, is requesting a
Major CC1 Exterior Alleration to the Hong Kong Gafe Building. The applicant is proposing to
change the cunent use of the property by.eli**nqsqg the Hong Kong Cafe restaurant and bar,
and subsequently creating approximat6 e feel of new retail, ski storage and ski
rental space. The following changes ard'trd to the existing building:
. an additional story will be added atop the exisling structure to accommodate a portion of
ihe new relail area square footage;
. the existing dining deck on the south side of the building will be removed and replaced
with a landscape planter;
. the Wall Street entrance io Louie's and the Earl Ealon Plaza entrance to the Hong Kong
Cafe will be reorienled and improved; and
. the various exlerior building materials will be removed and upgraded.
A copy of the plans have been attached for reference.
II. BAGKGROUND
On March 10, 1986, the Planning and Environmental Commission approved a Major Exterior
Alteration to the Hong Kong Cafe. (During the PEC review of the request, Hong Kong Cafe,
David K. lrish representing HKC Parlnership, entered into an agreement with Ed Bleckner, Jr.,
representing The Fraises Corporation, owner of the Lazier-Arcade Condominium Building, Units
308 & 309, which are located to the north of the Hong Kong Cafe). lt appears that the intent of
this private agreement was lo address the approval process for a conditional use permit and
approval of modificalions to the exterior of the Hong Kong Cafe, specific to the requests al the
t,
time. The Town of Vail is not a party to the agreement. Staff believes that this issue may be
brought up in relation lo the current request. Staff does not believe that the Planning and
Environmenial Commission public hearing is the appropriale venue to discuss the previous
agreement, nor is a discussion of the previous agreement relevant to the Major Exterior
Alteration request.
On March 23, 1998, the applicant's representative mel with the Planning and Environmental
Gommission for a worksession discussion regarding the project. During the worksession, lhe
Planning and Environmental Commission expressed that they generally liked the improvements
proposed. The Commission did suggest thal the applicant provide additional window
fenestration on bolh lhe east and west elevations. The intent of additional windows was to bring
more interest to the building and to help break up lhe mass of the building.
A copy of lhe draft minutes from the March 23 meeting have been attached for reference.
III. ZONING ANALYSIS
The following analysis summarizes the relevant zoning statistics for this request:
Legal: Lot B & C, Block 5C, Vail Village 1st Filing.
Zoning: Commercial Core | (CC1)
Lot Area: 0.037acre/ 1 ,612 square feet
Buildable Area:0.037acre/ 1,612 square feet
Development
Standards:
Sile Coverage:
Landscaping:
Building Heighl:
Parking:
Allowable Existing
1,289 sq.ft., or 80% 1,489 sq. tl., or 92o/o N/C
no net reduction 74 sq. ft.
in existing landscaping
Proposed
101 sq. ft. (+27sq. ft.)
4oo/o=33'-43'
60% = 33' or less
1 space/300 sq. ft.
of net floor area
(retail)
0o/o
100o/o
12.7 spaces
required
tv.MAJOR EXTERIOR ALTERATION GRITERIA
A. Compliance with the Urban Design Guide Plan for Vail Village
There are no sub-area concepts which relate direcfly to this redevelopment
proposal.
B. Gomoliance with the Urban Design Gonsiderations for Vail Village
The Urban Design Considerations for Vail Village are intended to guide grorivth
and change in ways thai will enhance and preserve the essential qualities of Vail
Village. The Urban Design Considerations are divided into two major categories:
Urban Design Considerations and Architecture/Landscape Considerations.
Urban Design Gonsiderations
The Vail Village Urban Design Considerations are primarily the purview of the
Planning and Environmental Commission.
1. Pedestrianization:
The Hong Kong Cafe is located adjacent to two major pedestrian areas;
Wall streel, which is the main north/south route through the area and Earl
Eaton Plaza, which is the main pedestrian plaza in the immediate area.
The staff believes the applicant's proposal reinforces the pedestrian use of
the area and further believes that ihe reorientalion of the building
entrances off of Wall Sireet and Earl Eaton Plaza will improve the
aesthetics and streetscape of the area. The additional window
fenestration on the east and west sides of the building creates additional
window shopping opportunities and enhance the pedestrian experience.
2. Vehicular Penetration:
Slaff believes the applicant's proposal will have positive impacls on ihe
vehicular penetration into the Village. The existing reslaurant and bar use
generaled more vehicular trips into lhe Village than will the new retail use.
Deliveries to the new retail use will most likely be larger in size than
deliveries to lhe previous restaurant and bar, though it is anticipaled they
will be less frequenl. All loading and deliveries will be required to take
place from the established loading and delivery zones in Vail Village.
3. Streetscape Framework:
The streetscape framework criteria suggests that redevelopment improve
the quality of the walking experience and provide continuily to lhe
pedestrian ways in Vail Village. Two types of improvements to walkways
are considered: 1) open space and landscaping; 2) expansion and infill of
existing buildings. Staff believes the applicant's proposal meets these two
criteria, since the applicant will be restoring and improving the landscaping
and open immediately adjacent to the Hong Kong Building and is
proposing to accommodate the additional development atop the existing
structure.
4. Street Enclosure:
The street enclosure of Wall Street is being effected by the construction of
an additional story atop the existing building. Staff believes the additional
floor level increases lhe "canyon effect" of the buildings along Wall Street
on the east, and the pedestrian walkway between the Hong Kong Building
and the Lodge on lhe west. While staff believes that increasing the
"canyon effect" is nol positive, we do recognize thai lhe area where lhe
slreet enclosure is impacted is minimal, relative to the length of Wall
Street and the pedestrian walkway. Staff further recognizes that the
north/south orientation of Wall Street helps reduce lhe impact of the
additional story, since natural light from the south will still be able to reach
down onto Wall Street and the pedestrian walkway during most of the
year.
5. Street Edge:
The street edge will not be significantly altered by the applicant's proposal.
The reorientation of the building entrances off of Wall Street and Earl
Eaton Plaza will most likely have the greatest positive impact on street
edge. The removal of the existing dining deck and the restoration of the
landscaping south of the building should also improve the street edge
appearance. The re-oriented enlrances will improve the access to, and
visibility of, the interior retail uses.
6. Building Height:
The proposed building height is consistent with the exisling buildings in lhe
immediate vicinity and the height limilations prescribed by the Vail Village
Master Plan. Due to ihe change in grade, the Wall Slreet facade will
appear as a three slory building and the Earl Eaton Plaza facade will
appear as a two-story building. The addition of dormers and the varying
eave line helps soften the building mass.
7. Views and Focal Points:
Views from public spaces are only minimally affected by the applicant's
proposal. The existing Hong Kong Building, the Lazier Arcade Building,
the Casino Building and the Plaza Lodge limit much of the view out of lhe
Wall Street area. The additional story atop lhe existing Hong Kong
Building will further limit the views to Vail Mountain to the southwesi.
However, as pedestrians move south along Wall Slreet and reach the top
of the stairs, the view from the public plaza again opens.
The existing view from the third floor condominium unils on located on the
south end of the Lazier Arcade Building will be further impacted by the
redevelopment of the applicant's property. Staff recognizes, however, that
lhe Town's developmenl regulations are not intended lo protect private
view corridors.
8. Service and Delivery:
As mentioned previously, service and delivery to the applicant's property is
unchanged as a result of this proposal. lt is anticipated that the frequency
of deliveries to the existing building will be reduced as a result of the
proposed change in use from restauranVbar to re{ail/commercial.
9. Sun/Shade:
Additional shading of Wall Street, and the pedestrian walkway to the west
of lhe existing building will occur. The grealest impact of shading will
occur during the winter months of the year when the sun is at its lowest.
Any additional development of the applicant's property will result in
additional shading impacts to the area. From the sun/shade analysis
submitted by the applicant, it appears ihat Vendetta's deck will be effecled
the most by the addition of the third story. While the sun/shade analysis
shows only marginal impacis at 2:00 pm in ihe aftemoon on the spring and
fall equinox, it is from 2:00 pm until dark, during the shorter days of the
year, that the grealest shading will occur.
A copy of lhe proposed sun/shade analysis is attached for reference.
Architectural/Landscaoe Considerations
The Architectural/Landscape Considerations are reviewed primarily by the Design
Review Board.
On Wednesday, April 1 , 1998, the applicant's representative met with the Town of
Vail Design Review Board. The meeting with the Design Review Board was a
conceptual review of the applicant's proposal. The following is a summary of the
Design Review Board's comments and the recommendations outlined in the Vail
Village Design Considerations:
1. Roofs
The applicant is proposing an asphalt shingle roof material. The roof
material is inlended to be a brownish, "presidential-iype", 40-year shingle,
which is intended to add texture and interesl to the roof. The Vail Village
Design Considerations slrongly recommends the use of wood shakes or
tar and gravel as roof malerials in the Village. The Design Review Board
recommended, by a narow margin, the use ofwood shakes as opposed
to asphall shingles. Due to the sleepness of the proposed roof pitch, tar
and gravel is not a viable altemalive.
Additionally, the Design Review Board recommended that minor changes
be made to the proposed roof form lo add more interest and appeal to the
west elevation. The applicant's representative has made the
recommended change to the west elevation as requested.
2.
Overall, with the changes that have already been made to the roof form,
and if ihe roof material were wood shakes, the staff believes the
applicant's proposal is in general compliance with the roof guidelines
outlined within the design considerations.
Facades
The proposed building has a mixture of exterior materials. The base of the
building is wrapped in a moss rock veneer, the second level of the building
will be stucco and the third level is proposed to be verlical board and
batten siding. The applicant is proposing lhat lhe stucco be painted lighl
lan and that the vertical wood siding be a contrasting, darker tan. The
windows and trim are lo be burgundy and the new canvas awning over the
Earl Eaton Plaza entrance is to be forest green.
As requested by both the Planning and Environmental Commission and
the Design Review Board, the applicant has added additional window
fenestration to the east and west building elevations. The applicant has
also amended the roof form of the west side of the building by proposing
an additional roof dormer. The dormer breaks up the eave line and adds
more variety to the elevation.
Overall, the Design Review Board and the staff believes that the mixture
of stone, stucco and a vertical board and batten siding is in compliance
with the Design Considerations.
3@
Similar to most other buildings in the Village, the applicant has proposed
an exterior balcony on the building. The new balcony is to be located on
the south side of the building. The balcony is approximately 25 square
feet in size and extends from the face of the building less than one foot.
Wrought iron is proposed for the railing material.
While the staff believes the balcony adds visual interest to the building, we
feel the balcony is not recessed enough into the building. As designed,
the balcony appears "applied" to the facade of the building. Staff would
suggest the applicant revise the plans to increase the depth of the balcony
and to further enhance the visual appearance of the balcony, add variety
to the building form and to increase the shade/shadow effecl created by
the balcony recess.
4. Decks and Patios
The existing Hong Kong Cafe dining deck on the south side of the building
will be removed. Since there will no longer be a restaurant on lhe
property, a dining deck serves no purpose. The area currently occupied by
the deck will be restored to landscaping.
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Colorful accents on buildings are encouraged as they bring life and a
festive quality to the Village. The applicant has proposed a forest green
awning over the relocated entrance adjacent to Earl Eaton Plaza. In
addition, accent lighting will be installed on lhe building.
To further enhance the appearance of the new building, staff would
suggest the applicant replace the proposed canvas awning with a copper
awning. We believe that the use of copper will greatly improve the
detailing and quality of the building. The use of copper could be similar to
the application at the Base Mountain Sports slore in Lionshead.
6. Landscape Elements
A landscape plan has been submitted by the applicanl. According to the
landscape plan, the applicant is proposing to remove two diseased Aspen
trees and to plant two, two-inch caliper Aspen tree at the southeast comer
of the building, and one, ten-foot tall Lodge Pole pine at the southwest
comer of the building. The new raised planter to be constructed on the
south side of the building, and the existing planter on the east side of the
building, will be planted with perennial flowers and a token Mugo pine.
The majority of the new landscaping will be on Town of Vail property. The
mainlenance and upkeep of the planters and the landscaping shall be the
responsibility of the property owner.
Staff Response:
Staff believes the redevelopment proposal is in compliance with the Urban Design
Considerations for Vail Village.
C. Gompliance with the Vail Land Use Plan
The following goals of the Vail Land Use Plan are applicable to this proposed
alteration:
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.4 The original theme of the old Village core should be canied into new
developmenl in the Mllage core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
D.
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
Staff Response:
Slaff believes that lhis proposal is consistent with the Vail Land Use Plan.
Compliance with the Vail Village Master Plan Goals
The Vail Mllage Master Plan is intended to guide the Town in developing land use
laws and policies for coordinating development by the public and private seclors
in Vail Village and in implementing community goals for public improvements.
Further, the Master Plan is intended to serve as a guide lo the staff, review
boards and Town Council in analyzing future proposals for development in Vail
Village and in legislating effective ordinances to deal with the such development.
Gontained within the Vail Village Master Plan are goals for development in Vail
Village. The goals are summarized in six major goal slatements. The goal
statements are designed to establish a framework, or direction, for lhe future
growth of the Village.
A series of objectives outlines specific steps loward achieving each stated goal.
Policy statements have been developed to guide the Town's decision making in
achieving each of the stated objectives, whelher it be through the review of
private sector development proposals, or in implementing capital improvement
projects.
Goal #1 Encourage high quality redevelopment while preserving the
unique architectural scale of the Village in order to sustain its
sense of community and identity.
1.2 Objeciive: Encourage the upgrading and redevelopment of resideniial
and commercial facilities.
1.3 Objective:Enhance new developmenl and redevelopment through
public improvements done by private developers working in
cooperation with the Town.
Public improvements shall be developed with the
participation of the private sector working with the
Town.
1.3.1 Policy:
Goal #2 To foster a strong tourist industry and promote year-round
economic health and viability for the Village and for the
community as a whole.
2.2 Objective:Recognize the "historic' commercial core as lhe main
activity cenler of the Village.
2.2.1Policy:-The design criteria in the Vail Village Design Guide
Plan shall be the primary guiding document to
preserve the existing architectural scale and
character of the core area of Vail Village.
Encoqlage the development of a variety of new commercial
afiiiffiere compatible with existing iand uses.
Gommercial infill development, consistent with
established horizontal zoning regulations shall be
encouraged to provide activity generalors,
accessible green spaces, public plazas, and
slreelscape improvements to the pedestrian
network throughout the Village.
Activity that provides nightlife and evening
entertainment for both lhe guest and communily
shall be encouraged.
Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to
better serve the needs of our guesls.
2.4 Objeciive:
2.4.1 Policv:
2.4.2 Polictr'.
2.5 Obiective:
2.5.2 Policy:The Town will use the maximum flexibility possible
in the interpretation of building and fire codes in
order to facilitate building renovations without
compromising life, health and safety considerations.
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Objective:Physically improve the existing pedestrian ways by
landscaping and other improvements.
Private developmenl projects shall incorporate
streelscape improvements (such as paver
treatments, landscaping, lighting and seating
areas), along adjacent pedestrian ways.
Flowers, trees, water fealures and other
landscaping shall be encouraged lhroughoul the
Town in locations adjacent to, or visible from, public
areas.
3.1.1 Policy:
3.1.3 Policy:
Goal #.,4 To preserve existing open space areas and expand green
space opportunities.
4.1 Obiective: lmprove existing open space areas and create new plazas
with green space and pocket parks. Recognize the
different roles of each type of open space in forming the
overall fabric of the Village.
4.1.2 Policy: The.{evelopment of new public plazas, and
improvements to existing plazas (public art,
streetscape features, seating areas, eic.), shall be
slrongly encouraged to reinforce lheir role as
altractive people places.
Goal #6 To insure the continued improvement of the vital operational
elements of the Village.
6.2 Obiective: Provide for the safe and efficient functions of fire, police
and public utilities within lhe context of an aesthetically
pleasing resort setting.
6.2.2 Policy: Minor improvements (landscaping, decorative
paving, open dining decks, etc.), may be permitled
on Town of Vail land or right-of-way (with review
and approval by the Town Council and Planning and
Environmental Commission when applicable)
provided that Town operations such as snow
removal, street maintenance and fire department
access and operation are able to be maintained at
current levels. Special design (i.e. heated
pavement), maintenance fees, or other
considerations may be required lo offset impacts on
Town services.
Slaff Response:
Staff believes the proposed improvemenls help to obtain the goals of the
Vail Village Master Plan.
E. tromptiance with the purnose statement for the GCI Zone District
According to the Official Town of Vail Zoning Map, the applicant's property is
located in the Gommercial Core 1 Zone District (CC1). Pursuant to Section 12-
7B-1 of the Municipal Code, the purpose of the CCI Zone District is intended to,
"provide sites and to maintain the unique character of the Vail Village
Commercial Area, with its mixture of lodges and commercial' establishmenls in a predominantly pedestrian environmenl. The
Commercial Core I District is inlended to ensure adequate light, air, open
space, and other amenities appropriate to the permitted types of buildings
and uses. The district regulations in accordance with lhe Vail Village
Urban Design Guide Plan and Design Consideralions prescribe site
development standards that are intended to ensure the maintenance and
preservation of the tightly clustered arrangements of buildings fronting on
t0
vt.
pedestrian ways and public greenways, and to ensure continuation of the
building scale and architectural qualities that distinguish the Village."
Staff Resoonse:
Staff believes that the proposed improvements are in concert with the purpose of
this zone district.
At the March 23 worksession meeting with the Planning and Environmental Commission,
the staff identified several issues which we believed ihe applicant, slaff and Planning and
Environmental Commission should address prior 1o a final review. One of the issues
dealt with the location of the building relative to the property lines. According to the
lmprovement Location Certificate submitted by the applicant, the east edge of the existing
building is built approximately six to eight inches over the property line. The staff and lhe
Planning and Environmental Commission suggested the applicant either remove the
encroaching portion of the building from lhe Town of Vail property, or exchange an equal
amount of land with the Town to resolve the encroachment. Neither the staff, nor lhe
Planning and Environmental Commission believed it was appropriate for the applicanl to
perpetuate the existing encroachment.
Since ihe worksession meeting, the applicant has hired Peak Land Surveying to complete
a boundary survey of the property. According to the surveyor, a boundary survey more
accuralely locates the property's boundary lines. The recently completed boundary
survey indicates that the building is in fact on the applicant's property entirely, and it is not
encroaching on Town of Vail property. A copy of the boundary survey has been attached
for reference.
STAFF RECOMMENDATION
The Community Developmenl Department recommffi-s approval olre applicant's
.- , ,l?11*,f:t:,lder..9ql,q$:i9''119r:ti91!tt1'"-lPEffi.*P.:l!:isri:1"J1?l:' '. v\li i icnangE"intld€ bn'o fopts*n{t'exterior changes, located at227 Wall StreeVlot B & C, Block
::.,. . - . 5C, Vail Vit]aSp 1st Filhg. The recommenpation for approv_al is.[ase"d upoq th.e,staffs-. i! ttr; ; : ievig\^{ df tfip'-'rn4or exteiior alteration criterii outtineoin sd;iidlv'ti tfiis meirt6randirinl
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on chooseifo dpfirOV'ilr'g malor f r u'.rr tl : ;".'.,
exterior a lteration req ueCt, .Staff woul d recom mend the followingf,n{ i n gg.$g lnade :
.f h eq ll'F p.arg.r g s u b'a;qiepqpmts v(hidrrelalS.Frfepl!+p*h i+Ledeyqlqpment
froiosat, and thlrefore,.riE-ieh'ev'et4ment pidbdidt ii-n'6diiittidncei lvilh tnb
UrbanDesignGuidePlanforVail Village. - : i:ii*ir..,. .nrr,i . ..:"":li:r.I",'
That the redevelopment proposal is in compliance with th"E$ftan.De$lgq,., ."
Considerations for Vail Village.
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3. That the redevelopmenl proposal helps to achieve the goals of the Vail Land Use
Plan, and therefore, the proposal is in compliance with the Vail Village Master
Plan Goals.
4. That the redevelopment proposal is in compliance with the goals prescribed within
the Vail Village Master Plan.
5. That the redevelopment proposal is in compliance with lhe purpose statement for
the Commercial Core I Zone District.
Should the Planning and Environmental Commission choose io grant an approval of the
requesled major exterior alteration, staff would recommend that the Commission make
the following conditions part of the approval:
1. That the applicant pay into the Town of Vail Parking Fund to meet lhe requiremeni
of addition pa*ing demand resulting from the redevelopment proposal prior to the
issuance of a building permit. The exact dollar figure shall be determined by the
Town of Vail at the time of building permit application based upon the parking pay-
in-lieu fee at the time and the configuralion of the interior floor space.
2. That the applicani submit a tree preservation plan for the review and approval of
the Town of Vail Landscape Architect prior to the issuance of a building Permit.
3. The current plans show no mechanical equipment atop the redeveloped building.
should mechanical equipmenl be proposed, a roof-top mechanical plan shall be
submitted to the Town of Vail Community Development Department for their
review and approval prior to the issuance of a building permit.
4. Thai the owner of the property in question be responsible for the upkeep and
mainlenance of the planters and landscaping as identified on the approved
development plan dated April 13, 1998.
5. That the applicant execute a revised lease agreement for lhe landscape planter
on the south side of lhe building.
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Kathy Langenwalter said her client was not required to sprinkler the building and agreed withstaff to have the windows added. She said thd Hre Dep'artment was not hdppy wii"h the newwindows. She said that if the windows remained, the siainray rigni outsiOe would not work and[q Ilq lo!increasing_the windows, just relocating them. Shdsaid the previous agreement
-
should address the Fire Department concems.
Galen Aasland said the building needed significant glass on the east side or tempered ceramic.
He did not want the stucco walls the way it was now on either the east or west sibe. He
suggested landscaping or glass on the 'iest.
Rick Rosen said VA owned the property that Galen was asking to be landscaped. He said there
was already an agreement with the Town of Vail and Lodge Pioperties that siated the applicant
could pull out the windows. He said that this building was touching the property boundaries on
all 4 sides.
Galen Aasland said the PEC wasn't driven by cost, but by guidelines.
Rick Rosen said there was an access easemenl of 20' and that VA granted and reserved the
easements and maintains the rights to those easements. He said that HKC, LMT Partnership,
the Town ol Vail and Jerry A. Schmidt were the parties in the agreement. He said after the
windows were put in the Town could lurn around and say board it up. He said that if the Lodge
redeveloped their building the fire code dictated where the openingi in the wall could be and*
within 5' of property line. He said that was why the agreement came up.
Diane Golden said the west wall needed landscaping.
John Schofield said the two issues were the architecture and the fire code and with a 20'
easement, the Town has agreed to opt for more glass.
Greg Amsden had no comments.
Ernie Fearwall, an owner, stated that it behooved us to have windows on the ground level
because the type of use was retail.
Greg Moffet said to put a window in.
Kathy Langenwalter explained the access.
George Ruther said the applicant was required to pul up a financial bond for Earl Eaton Plaza, as
the walls and landscaping could be ruined and destroyed by heavy equipment and this might be
an opportunity for upgrades.
Kathy Langenwalter said it was not prudent to improve an area that was being redesigned.
Greg Moffet suggested Kathy talk to stafl regarding the bond.
Galen Aasland said he wanted more glass on the east side.
Rick Rosen commented on the letter attached to the memo and said that the applicant had been
in contact with him.
Plaming and Environmental Commission
Minutes
March 23. 1998 LL
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sfr 1-1 /f ALUMINIUM
CAP IN CONCRETE
L.S. No. JOO91
Sfi 1_1/2. ALUMINUM
CAP'IN CONCREIE
L.S. No. 30091
:ucE (TrP.) -.-1 r
\
ruE POINT--{
BEGINNING
DISTANCE
56.00'
44.00'
42.00'
4.00'
6.00'
40.00'
x
SET #5 REBA1-1/t ALU|.I
L.S. No. J0O(
ROCK WALL (WP.)
sgr #5 REBAR wtrH -/1-1l2, ALUMINIUM CAP
L.S. No. J0091
LOT I, A NESUBDII
PART OF LOT c' B'
!P- t r.J r77l 7 r ll ril l:l, ra (
STAIRS
ffi / -E
s5l 1-1/t ALUMINUM
- CAP lN CONCRETE -
L'S. No' 30091
(BooK 382, PAGE 942)
0.036 ACRES
227 TALL STREET
FRAJVIE & GI-.,\SS "-. \ o'*'.ft*"ffii;R B4_j
peel/anBenwalter architects, l.l.c.
david mark peel, a.i.a.
kathy langenwalter. a.i.a.
2588 arosa drive
p.o- box 1 2O2
vail, co 81658
970476-4506
970476-4572 fax
BASE MOUNTAIN SPORTS MAJOR EXTERIOR ALTERATION
Hong Kong Cafe Building
Part of Lots B and C, Block 5C
Vail Village First Filing
227 Wall Street
Vail, Colorado
February 19, 1998
The new owners of the Hong Kong Cafe Building will be upgrading and remodeling
the building for use by Base Mountain sports. The basement will house valet ski
storage, men's and women's accessible restrooms, and mechanical equipment for
the building and new elevator. The first level, accessed from Wall Street, will
provide ski rental services while the second level adjacent to Earl Eaton Plaza will
be a retail shop. Also proposed is the addition of a third story to accommodate a
second level to the retail space.
Although the existing site coverage statistics will not change with this proposal,
portions of the structure at grade are being removed and other areas infilled. A net
increase of 40 square feet of building footprint at grade will occur. A planter will
replace part of the existing patio increasing the planting area (softscape) of the
property by 30.5 square feet. Based on the definition of Landscaping, Section
18.02.200, the landscaping on the site will increase by 38.2 square feet.
The current restauranubar use requires 12.7 parking spaces. with the proposed
changes, increased parking requirements will be determined as 1 space per 300
square feet of retail floor area. The additional parking requirement will be satisfied
through the pay in lieu program.
The proposed uses of the Hong Kong cafe Building - ski services and retail - are
permitted uses in CCI and typical of the surrounding buildings. The additional story
wilf be the second floor of the retail shop accessed from Eaton Plaza. Second floor
retail stores are also a permitted use.
The architectural character of the proposed building is similar to the style preferred
in Vail Village thus strengthening the relationship of this building to its neighbors.
Also, the additional landscaping, relocated entrance from Earl Eaton plaza, and
enlarged entrance from Wall Street will enhance the relationship of the pedestrian
with this property.
The grant of this exterior alteration will have little or no effect on distribution of
population, transportation, traffic facilities, utilities, and public safety. The additional
height will effect light and air to one upper story unit of the Wall Street Building
directly south of this site. However, the effected unit does have windows on both its
east and west walls and is currently being redesigned to accommodate the view
changes.
Regarding the VailVillage Urban Design Guide Plan, this proposalsubstantially
complies as noted below:
A. Pedestrianization will be improved by widening the Wall Street entrance to this
building and by relocating the Eaton Plaza entrance toward Wall Street, thus
making it more visible and accessible. The increased planting area in Eaton Plaza
will also be an asset.
B. Vehicle penetration will be reduced since the retail use requires fewer
deliveries and trash pick-ups than the current bar/restaurant use requires.
C. Streetscape framework and visual interest will be enhanced by the relocated
and enlarged entrances as well as the additional planting in Eaton Plaza.
D. Street enclosure will be more compatible with surrounding buildings. The
added height will blend better with the Wall Street Building behind and also help
step the taller Plaza Lodge down to the street level. The height will also better
frame the north end of Eaton Plaza where the entrance awning will create a
pedestrian focal point.
E. Street edge changes are minimal. The relocated building entrances will
enhance Wall Street while the north end of Eaton Plaza will be softened and
enlarged by the proposed changes.
F. Building height is substantially lower than allowed and within the two to three
stories prefened.
G. Views to the mountain from the intersection of Wall Street and Gore Creek
Drive will be partially lost by the additional story. As a pedestrian moves up Wall
Street mountain views will not be effected. With the exception of the upper story
end unit of the Wall Street Building, mountain views from adjacent property owners
should not be lost. The proposal does not encroach into any designated view
corridor.
H. Sun/shade analysis is indicated on the attached drawings. Due to the roof
design and existing conditions, additionalshading from the third level is minimized.
l. Services and delivery will be reduced. The retail use will require fewer
deliveries and trash pick-ups than the existing restaurants need.
J. Roof slope is primarily 5/12 with 8/12 dormers. The hip roof helps lower the
appearance of the roof while the gable dormers give a more old world feel to the
building. Because of the proximity of the existing building to the property line, the
roof overhang in minimized. A three layer fascia is built out from the siding creating
the sense of a substantial eave. The roof will be composition shingles.
K. Facades are primarily stucco on the lower levels and verticalwood siding on the
upper level with stone veneer where the building meets landscaped areas.
Windows are wood trimmed and entrances are either recessed or covered. The
lower retail level has two "people attractors" display windows while the upper level
windows are more residential in scale. Glass subdivisions are proposed to give a
more traditional feel.
L. Decks and patios are not a part of this proposal.
M. A balcony on the second retail level adds scale and interest to the facade.
The balcony is recessed because of the proximity of the property line to the existing
building, the railing will be wrought iron.
N. Accent elements include the awning at the Eaton Plaza entrance, signage and
planters.
O. Landscape elements will be low growing shrubbery and perennials in the
planters. New retaining walls will match existing walls.
The Hong Kong Cafe property is not a designated sub-area described in any part of
the Vail Comprehensive Plan; however, this exterior alteration request and proposal
comply with the following statements from the Vail Comprehensive Plan:
Land Use Plan Goals/Policies
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both
the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1 .12 Vail should accommodate most of the additional growth in existing
developed areas (infi ll areas).
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the VailVillage Master Plan.
4.3 The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, smalltown feeling, mountains, natural
setting, intimate size, cosmopolitan feeling, environmental quality.)
Vail Village Master Plan
"There is a need to continually maintain and upgrade the quality of existing
buildings, as well as streets, walks and utility services. Vail's economy relies to a
large degree on maintaining its overallstatus and attractiveness as a world class
resort."
GOAL #1 Encourage High quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of
community and identity.
1.2 Objective: Encourage the upgrading and redevelopment of residential and
commercial facilities.
GOAL #2 To foster a strong tourist industry and promote year-around economic
health and viabilfty for the village and for the community as a whole.
2.1 Objective: Recognize the variety of land uses found in the 10 sub-areas
throughout the Village and allow for development that is compatible with
these established land use patterns.
2.2 objective: Recognize the "historic" commercial core as the main activity
center of the Village.
2.4 Objective: Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
2.5 objective: Encourage the continued upgrading, renovation and maintenance
of existing lodging and commercial facilities to better serve the needs of our
guests.
GOAL #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Objective: Physically improve the existing pedestrian ways by landscaping
and other improvements.
This property is in the area designated to be in the 3-4 story range of building
height on the Conceptual Building Height P/an. "Building heights greatly influence
the character of the built environment in the Village. This is particularly true in the
Village Core where typical buibing heights of three to four stories establish a
pleasing human scale."
peel/langenwalter arclr
O
itects,l.l.c.
david mark peel, a.i.a.
kathy langenwalter, a.i.a.
2588 arosa drive
p.o. box 1 2O2
vail, co 81658
970-476 4506
97O-476-4572fax
BASE MOUNTAIN SPORTS
MAJOR EXTERIOR ALTERATION
Hong Kong Cafe Building
Part of Lots B and C, Block 5C
Vail Village First Filing
227 Wall Street
Vail, Colorado
Zoning: Commercial Core I
Lot Area: 0.037 acre or 1612.square feet
Buildable Area: 0.037 acre oi 1_612 square feet=-
DevelopmentStandards Allowable/Required
GRFA:
Number of Units
Floor Area:
Site Goverage
Building Footprint:
WallStreet Level -
Eaton Plaza Level-
Landscaping:
Softscape -
Hardscape -
Total Area -
Building Height:
80% = 1,289 s.f.
0.925 DU
N/A
80% = 1,289 s.f.
N/A
No reduction
25% softscape
Actualhardscape
60% up to 33'
40o/o from 33'-43'
Parking: Current use - 1 space/8 seats
Proposed use - 1 space/300 s.f.
ZONING ANALYSIS
February 19, 1998
Existing
None
None
3,380 s.f.
1,489 s.f.
1,430 s.f.
1,390 s.f.
108.1 s.f.
86.5 s.f.
21.6 s.f.
155.0 s.f.
241.5 s.f.
100o/o
None
12.7
Proposed
None
None
4,780 s.f.
1,489 s.f.
1,412 s.f .
1,448 s.f.
146.3 s.f.
117.0 s.f.
29.3 s.f.
84.5 s.f.
201.5 s.f.
90.4o/o
L6o/o
Pay in lieu
as required
LODGE PROPERTIES, INC.
c/o Orient-ExPress Hotels' Inc'
1155 Avenue of Americas
NewYork, NewYork 10036
LODGE APARTMENT
CONDOMINIUM ASSOCIATION
The Lodge at Vail
174 Gore Creek Drive
Vail, Golorado 81657
ATTN: CharleY Viola
LAZIER ARCADE CONDOMINIUMS
cio Lazier Commercial ProPerties
386 Hanson Ranch Road
Vail, Colorado 81657
LAZIER ARCADE CONDOMINIUMS
c/o Brandess-Cadmus Real Estate
281 Bridge Street
Vail, Colorado 81657
ATTN' Craia.lannc
SNST
o
Mrs. Cortlandt Hill
311 Bridge Street
Vail, Colorado 81657
BRIDGE STREET CONDOMINIUMS
c/o Brandess-Cadmus Real Estate
281 Bridge Street
Vail, Colorado 81657
ATTN: Craig Jagoe
PI AZA LODGE CONDOMINIUMS
c/o Ron Byrne & Associates
285 Bridge Street
Vail, Colorado 81657
ATTN: Donna Schultz
Mrs. Blanche C. Hill
311 Bridge Street
Vail, Colorado 81657
nwalter architects, l.l.c.
ONE VAIL PLACE
CONDOMINIUM ASSOCIATION
P.O. Box 411
Vail, Colorado 81658
ralter architects, l.l.c.
THE VAIL CORPORATION
P,O. Box 7
Vail. Colorado 81658
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on March 23, 1998, at 2:00 p.M. in the Town of Vail Municipal B'uilding. In
consideration of:
A request for a variance, to allow for a heating boiler to be placed in the sideyard setback,
located at 22 West Meadow Drive/Lots G and H, Vail Village 2nd Filing.
Applicant: Villa cortina condominium Association, represented by Rick HaltermanPlanner; Christie Barton
A request for Major CCI Exterior Alteration, lo allow for a remodel and expansion to the Slifer
Building, located at 230 Bridge StreeVLot B, Vail Village 1st Filing.
Applicant: Slifer Designs, represented by Jim BucknerPlanner: George Ruther
A request for a Conditional Use Permit, a Minor CC1 Exterior Alteration, a height variance and a
sile coverage variance, to allow for a bay window addition and to eliminate a dwelling unit,
located at '193 Gore Creek Drive/Lot A, Block 5-8, Vail Village 1st Filing.
Applicant: Rodney & Beth Slifer, represented by Jim BucknerPlanner: George Ruther
A request for a Major CC2 Exterior Alteration, to allow for the addition of a spa maintenance
building, located at 641 West Lionshead Circlei Part of Lot 8, Block 1, Vail Lionshead 3rd Filing.
Applicant: The Monlaneros condo. Assoc., represented by Michael Hazard Assoc.Planner: George Ruther
A request for a front setback variance, to allow for a 3-foot encroachment into the front setbackfora residential addition, located at 3035 Booth Falls Road/Lol 12, Block 1, Vail Village 13th
Filing.
Applicant: John & Kathy AdairPlanner: Christie Barton
A request for a worksession to discuss the proposed Major CCI Exterior Alteration to the Hong
* fonn Cafe Building, located at227 Wall Street/Lot B & C, Block 5C, VailVillage 1st Filing.
: ASI Vail Land Holding, L.L.C., represented by Kathy Langenwalter
George Ruther
The applications and information about the proposats are available for public inspection during
regular office hours in the project planneds office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
sign language interpretation available upon request with 24 hour notiflcation.
2114 voice or 479-2356 TDD for information.
Community Development Department
Published March 6, 1998 in the Vail Trail.
anner:
Please call 479-
,I
'n-e!w.M.\, d :*"2lr,qrY,s
nwo\wn19
pee/langenwalter arch itects, l.l.c.
david mark peel, a.i.a,
kathy langenwaher, a.i.a.
2588 arosa drive
p.o. box 1202
vail, co B l65B
970-4764506
97D-4764572 tax
BASE MOUNTAIN SPORTS ADJACENT PROPERTY OWNERS
MAJOR EXTERIORALTERATION February 19, 199e
Hong Kong Cafe Building
Part of Lots B and C, Block 5C
Vail Village First Filing
227 Wall Street
Vail, Colorado
LODGE PROPERTIES, INC.
c/o Orient-Express Hotels, Inc.
1155 Avenue of Americas
New York, New York 10036
LODGE APARTMENT
CONDOMINIUM ASSOCIATION
The Lodge at Vail
174 Gore Creek Drive
Vail, Colorado 81657
ATTN: Charley Viola
LODGE AT VAIL
Lots A and B
174 East Gore Creek Drive
LAZIER ARCADE CONDOMINIUMS LMIER ARCADE
c/o Lazier Commercial Properties Lot C
386 Hanson Ranch Road 22S Wallsteet
Vail, Colorado 81657
LAZIER ARCADE CONDOMIN IUMS
c/o Brandess-Cadmus Real Estate
281 Bridge Street
Vail, Colorado 81657
ATTN: Craig Jagoe
BRIDGE STREET CONDOMINIUMS CASINO BUILDING
c/o Brandess-Cadmus Real Estate Lots D, E and F
281 Bridge Street 250 Bridge Street
Vail, Colorado 81657
ATTN: Craig Jagoe
PLAZA LODGE CONDOMINIUMS PLAZA LODGE
c/o Ron Byrne & Associates
285 Bridge Street
Vail, Colorado 81657
ATTN: Donna Schultz
Mrs. Blanche C. Hill
311 Bridge Street
Vail, Colorado 81657
Lots G, H, l, J and K
281-293 Bridge Street
HILL BUILDING
Lot L
311 Bridge Street
THE VAIL CORPORATION TICKET OFFICE
P.O. Box 7 Resubdivision Lot C
Vail, Colorado 81658
ONE VAIL PLACE ONE VAIL PLACE
CONDOMINIUM ASSOCIATTON Resubdivision of Lot C
P.O. Box 411 244 Wail Steet
Vail, Colorado 81658
Mrs. Cortlandt Hill
311 Bridge Street
Vail, Colorado 81657
THE TOWN ON VAIL EARL EATON PLAZA
75 South Frontage Road West parcel 1
Vail, Colorado 81657
?a
Community Development Plan Routing Form
Public Works
Mike McGee. Fire
Retum To:George Ruther, Community Development
Proiect Name:
Project Description:
Approved Denied (cite detailed reasons) Approved with conditions
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+ .l {! ,Reviewed by: ffi7! )Date: ) -€1-atq
r IL T IOPY
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7. A request for a worksession to discuss the proposed Major CCI Exterior Alteration to
the Hong Kong Cafe Building, located a1227 Wall StreeVLot B & C, Block 5C, Vail Village
1st Filing.
Applicent: ASI Vail Land Holding, L.L.C., represenied by Kathy LangenwalterPlanner: George Ruther
George Ruther gave an overview of the staff memo.
Kathy Langenwaller explained the model and said the applicant was using lhe same footprint that
the Hong Kong used, just changing the entrance. She said the edge of building was .7' over the
properly line on one side and .7' under the property line on the other side.
Greg Moffet disclosed for the record that he saw no conflict, but Base Mountain Sports was a
customer of his.
Galen Aasland disclosed for the record that his office was in the Wall Street Building and one of
his clients owned the owned the commercial space.
Rick Rosen, legal counsel for lhe Hong Kong, stated that during the original construction, the
surveyor missed by .7' and shifted the building over .7' as you look towards the Lodge property.
He said in 1986, when it came up for a redevelopment the Town acquiesced to the continuation
of that encroachment and he felt it had been approved by silence.
John Schofield said he would like to see the discrepancy cleaned up for the new owners and
suggested trading some land.
Greg Amsden suggested an even exchange.
Rick Rosen showed the ILC from 1986.
Galen Aasland suggested adding no square footage over Town space.
Diane Golden was in favor of cleaning up the problem.
Greg Moffet strongly recommended trading .7' tor .7'.
Rick Rosen stated that as the building stands today, there was a window opening on the west
wall and an agreement that allowed for the openings in the event that the Lodge properties did a
redevelopment.
Planning and Environmental Commrsston
Minutes
March 23, 1998 10
Kathy Langenwalter said her client was not required to sprinkler the building and agreed with
slaff to have the windows added. She said the Fire Department was not happy with the new
windows. She said that if the windows remained, the stairway right outside would not work and
they were not increasing the windows, just relocating them. She said the previous agreement
should address the Fire Department concems.
Galen Aasland said the building needed significant glass on the east side. He did not want the
stucco walls the way it was now on either the east or west side. He suggested landscaping or
tempered ceramic on the west.
Rick Rosen said VA owned lhe properly that Galen was asking to be landscaped. He said there
was already an agreement wilh the Town of Vail and Lodge Properties that stated the applicant
could pull out the windows. He said that this building was touching the property boundaries on
all 4 sides.
Galen Aasland said the PEC wasn't driven by cost, but by guidelines.
Rick Rosen said there was an access easement of 20' and that VA granled and reserved the
easements and maintains the rights to those easemenls. He said that HKC, LMT Partnership,
the Town of Vail and Jerry A. Schmidt were the parties in lhe agreement. He said after the
windows were pul in the Town could turn around and say board it up. He said that if the Lodge
redeveloped their building the fire code dictated where the openings in the wall could be and
within 5' of property line. He said that was why the agreemenl came up.
Diane Golden said the west wall needed landscaping.
John Schofield said the two issues were ihe architecture and the fire code and with a 20'
easement, the Town has agreed to opt for more glass.
Greg Amsden had no commenls.
Ernie Fearwall, an owner, stated that it behooved us to have windows on the ground level
because the type of use was retail.
Greg Moffet said to put a window in.
Kathy Langenwalter explained lhe access.
George Ruther said the applicant was required to put up a financial bond for Earl Eaton Plaza, as
the walls and landscaping could be ruined and destroyed by heavy equipment and this might be
an opportunity for upgrades.
Kathy Langenwaller said it was not prudenl to improve an area that was being redesigned.
Greg Moffet suggested Kathy talk to slaff regarding the bond.
Galen Aasland said he wanted more glass on the east side.
Rick Rosen commenled on the letter atlached to the memo and said that the applicant had been
in contaci with him.
Planning and En vironmental Commission
Minutes
March 23, 1998 11
A PPI,I CATI ON FOR PI.ANN I NC,,\ ND ENVI RO Nill IiNl'A I,
COMMISSION APPROVAL
on. For spccific
qr.rtionfall thc Planning Staff at 479-21 l8
ion can not bc
by tlc Town Council
ed Dcvcloomcnt PIan
Unit (Tvoc: 'l
Minor CCI Extcrior Altcration
CENERAI INTORMATION
This application is for any projcct rcquiring approval by thc
information. scc thc subnrittal rcouircntcnts fi
acccptcd until all rcquircd infornrarion is
arrd/or thc Dcsign Rcvicw Board.
A, TYPE OF APPLICATION:
. tr Additional GRFA (250)
tr Bcd and Brcalt'ast
tr Condirional Usc pcnnit
fl Major or E Minor Subdivisiontr Rczoning'
O Sign Variancc
E Variancc
O Zoning Codc Anrcndmcnt
B.DESCRIPTION OF TFIE REQUEST:
tr
o
tr
E
n
tr
ail Villagc)
Major or tr Minor CCII Extcrior Altcration
(Lionshcad)
Spccial Dcvcl opmcnt District
Major or tr Minor Anrcndrncnt to an SDD
on 18 . 24. t30 trol
TOTyN OF YAIL
Corrunerclal Core I Zone, for .o75 (7.sit ofa dwe11 unit in order Lo build
a two bedroom unit above the existins Hon Cafe Building.
c.LOCATION OF PROPOSAL: LOT_E:[A]6LOCK-IE-_ FILING VAil VIIIAEE FirSt FiliNg
ADDRESS:227 WaIl Street
ZONING: Conrnercial Core I
BUTLDINC 114y9. Hong Kong Cafe Building
n
rE,
F.
G.
NAME OF OWNER(S):
MAILTNC ADDRESS:cto
Vail, C0 81657
OWNER(S) SIGNA
NAME OFREPRESENTA
MAILING ADDRESS:P.O. Box 1202
- Brett Barnett
, 492 East Lionshead Circle
pHONE: 970-476-9457, ext. 19
ter Architects,Kathy Langenwal-er
H.
. - Vail_, C0 81658 pHONE. 970-476-4506
FEE - SEE THE SUSI,AITTAL REQUIREMENTS FoR THE APPROPRIATE FEE.
STJBJ!'ITTHIS APPLICATION,.ALL SUBMITTAL REQUIRXMENTS AND THE FEETO THEDEPARTMENT oF COMMUNITY DEVELOPMENT, 75 sourH FRONTAGE ROAD,
vArL, coLoRADO 81657.
Rcviscd 6/96
e
Easr Vrrlacn HonrnowNERS AssocnrroN. INc.
Officers: President - Bob Galvin Secretary - Gretta Parls Treasurer - Patrick Gramm
Directors-JudithBerkowitz-DolphBndgewater-EllieCaulkins-RonLangley-BillMorton-CorurieRidder
Post Oflice Box 238 Vail, Colorado 81658
Telephone: (970) 827-5680 Message/FAX (970) 827-5856
Subject: lssue affecting the status of the Hong Kong Cafe Building.
Special Instructions: Please review and respond as appropriate.
Please note item Number 3 on the attached Planning Commission Agenda. According
to Tom of Vail Planner, George Ruther the requested variance will result in an
additionalfloor being added to the building. Please contacl George Ruther direcfly
(970479-2100) regarding this matter. Also, written concerns can be Faxed directly to the Town
of
Vail, Department of Community Development, Attention Planning Commission at97O-47*2452.
It is expected that the planning staff will recommend approval of the proposal. In all
likelihood
the issue will be appealed to the VailTorryn Council.
I will be out of the office from January 8-18, 1998.
FACSIMILE COVER PAGE
To: TOVlCDDlSusan Gonnley
Time: 19:08:16
Pages (including covarf : 2
From:
Date: 1n,58
TO:
FROM:
MEMORANDUM
Planning and Environmental Commission
Communiiy Development Department
January 26
SUBJECT:the Town of Vail
dwelling
C. Block 5C.
The applicant proposes to redevelop the Hong Kong Cafe. To facilitate the redevelopment of the
building, the applicant is proposing to construcl a new dwelling unit atop the existing structure.
Th.e new dwelling unit will be approximately 1,170 sq. ft. in size. In addition to the new dwelling
unit, the applicant is proposing to construct approximately 2,638 square feet of new ski storage,
ski rental and retail sales space within the building. The entire redevelopment proposal would be
reviewed according to the major exterior alteration criteria outlined in the Municipal Code at a
later date.
According to seclion 12-78-13 of the Municipat code of the Town of Vail, density in the
Commercial Core I Zone District shall not exceed 25 dwelling units per acre of buildable site
area. Based on this requirement, the minimum amount of buildable site area needed to permit
the construction of one dwelling unil is 1,742 square feet. The buildable site area of the
applicant's site is 1,612 square feet. Therefore, in order for the applicant to construct a
dwelling unit on the site, a density variance of 0.075 du's must be granted in accordance
with Ghapter 17 of the Municipal Code.
II. BACKGROUND
On March 10, 1986, the Planning and Environmental Commission approved a major exterior
Code, io allow for the
unit, located al227Wall Street(alHong Kong
VailVillage 1st Filinl ,
alteration to the Hong Kong Cafe. During the review of the request, then Hong Kong Cafe owner
David K. lrish, representing HKC Partnership, entered into an agreement with Ed Bleckner, Jr.,
representing The Fraises Corporation, owner of the Lazier-Arcade Condominium Building, Units
308 & 309 which are located to the north of the Hong Kong cafe. lt appears this private
agreemeni intent of the was intended to address the approval process for a conditional use
permit and approval of modifications to the exterior of ihe Hong Kong Cafe, specific to the
requests at the time. The Towq of Vail is not a party to the agreement. Staff has ideniified this.
as an issue as it may be brought irqin relation to the cunqnt density variance request. Staff
does not believe that the Plannino iild Environme#l'Commission oublic hearino is ihedoes not believe that.the Planning itd Environmeryrfcommisgion public hearing is the
appropriate venue tbifrf,cuss the previors aore"rtrrt. nor is a &Lscussion of the oreviouappropriate venue tbifrf,cuss the
-previors agre"rt'tt, nor is a fucusson of the -previous
agreement relevant to ihe variance th* is reouested. A coov oFihe aoreement and ais requested. A copy o
memorandurqfrom
fhomas Town Attomey, has been
ln an
the T
t
to
files to
in thd
request Gasthof
construct up
dwelling unit.
and a
in the Mllage,researched
only one
of that
was one
1. The strict and lileral
of unbuildable lol area
due to the existence of the
Zoning Code.
1OO-year floodplain) inconsislent with the objectives of the
2. There are exceptions and extraordinary conditions (27% of the applicant's site is
prohibited from development due to the 1O0-year floodplain) applicable to the applicant's
site that do not apply generally to other properties in the Commercial Core I Zone District.
III. ZONING ANALYSIS
The following analysis summarizes the relevant zoning statistics for this request:
3*n*.or"o'*,
Legal:
Zoning:
Lol Area:
Buildable Area:
Lot B & C, Block 5C, Vail Village 1st Filing.
Commercial Core l(CCl)
0.037acre/ 1,612 square feet
0.037acre/ 1,612 square feet
Development
Standards:
GRFA:
Allowable
1,289 sq.ft., or 80%
Proposed
1,170 sq.ft., or73o/o
Development
Standards:
# of Units
Site Coverage:
Landscaping:
Building Height:
Allowable
0.925 DU's
1,289 sq.ft., or 80o/o
no net reduction
in existing landscaping
40o/o=33'-43'
60% = 33' or less
Proposed
1 DU (+0.975 Pg'";
;f '*:*'t''**'*'t't* These development standards have not been determined at this time. Should the
requested density variance request be approved, the applicant will be requ{ied to
submit an application for a major exterior alteration. The proposal will then be
reviewed for compliance with each of the applicable development standards.
IV. DENSIW VARIANCE CRITERIA AND FINDINGS
Upon review of Section 12-17-6, Criteria and Findings, of the Town of Vail Municipal Code, the
Community Development Department recommends denial of the requested density variance.
The recommendation for denial is based on ihe following factors:
A. Consideration of Factors:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
The Hong Kong Cafe is located on Wall Street near the center of Vail
Village. The building is adjacent to numerous types of uses as allowed in
the Commercial Core I Zone District. Adjacent uses include a public plaza
and retail/residential uses to the south, residential properties (Lodge at
Vail) to the west and retail/residential/restauranl uses to the north and
east. The mix of the uses is further segregated horizontally on each of the
pfoperties.
According lo the Municipal Code, the purpose of the Commercial Core I
Zone District is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian
environment. This district is intended lo ensure adequate light, air, open
space, and other amenities appropriale to the permitted types of buildings
and uses. The District regulations, in accordance with the Vail Village
Urban Design Guide Plan Design Considerations, prescribe site
development standards lhat are intended to ensure the maintenance and
preservation of the tighily clustered anangements of building fronting on
pedesirian ways and public greenways, and to ensure continuation of the
building scale and architectural qualities that distinguish the Village.
While staff agrees that residential dwelling units are intended in the
Commercial Core I Zone District, they are only intended when they are
proposed on lots of appropriate sizes. In the Commercial Core I Zone
Dislricl, the minimum lot size is 5,000 square feet and the smallest lot size
that still permits one dwelling unit on it is 1,742 square feet. The
applicant's lol is only 1,612 square feel in size.
Staff believes some form of residential use is appropriate on the
applicant's property. Statrs belief is based on the Vail Mllage Master
Plan. According to the Vail Village Master Plan,
Goal#2
"To Foster a strong tourist industry and promole year-round
economic health and viability for the Village and for lhe communily
as a whole."
Objective 2.3
"lncrease the number of residential units available for short{erm,
ovemight accommodation."
Policv 2.3.1
"The development of short-lerm accommodation units is strongly
encouraged. Residential units that are developed above existing
density levels are to be designed or managed in a manner that
makes lhem available for short-term overnight rental.
To meet these goals and objectives, staff believes there are allernatives
available to the applicant other than a density variance. The applicant is
permitted by right to develop a residential use on the property. For
example, for density calculation purposes, accommodation unils, as
defined by the Municipal Code, are counted as 112 ot a dwelling unit.
Therefore, the applicant could construct one accommodation unit on the
site and a density variance would not be necessary. Additionally, two
Type lll Employee Housing Units could be constructed on the site as they
are counled as 1/3 of a dwelling unit for density purposes. Each of lhese
types of residential units would further the goals and objectives of the Vail
Village Masler Plan. Staff furlher believes that either type of residential
development would be consistent with both the existing uses and
slructures in the vicinity of the Hong Kong Cafe.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity or
3.
to attain the objectives of this title without grant of special privilege.
Staff believes that the applicant is requesling the minimum amount of
relief from the strict and literal interpretation of the density calculation to
achieve the goals of the proposal. Staff does believe, however, that the
granting of the density variance would resull in a grant of special privilege.
Staff feels that there is no practical difficulty nor any physical hardship
effecting the applicant's property which precludes development on the site
that would be inconsistent with the development regulations. Staff further
feels that a denial of the variance request would not deprive the property
owner of privileges enjoyed by other property owners in the Commercial
Core I Zone District. Simply being the owner of a small lot in Vail Village is
not grounds for graniing a variance allowing an increase in development
potential. As stated previously, the applicant is permitted by right to
develop a residential use of the property through the construction of an
accommodation unit, employee housing unit or a combination of the two.
The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
Staff recognizes that the approval of the requested density variance and
the subsequent redevelopment of the Hong Kong Cafe may effect the
availability of light and air to the condominiums units in the Lazier-Arcade
Building. Staff further recognizes the availabiliiy of light and air could be
effected if the applicant chooses to exercise all development options. For
example, the applicant could propose to add a third level of commercial or
office square footage atop the Hong Knog Cafe. A vadance approval
would not be necessary, however, the views from the adjoining properties
could still be impacted. Therefore, slaff believes the applicant's request
will have little, if any, negative impact on the above criteria.
B,
1.
2.
2
That the granting of the variance will not constilute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same district.
That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvemenls in the vicinity.
That the variance is wananted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this tifle.
b. There are exceptions or extraordinary circumstances or conditions
V.
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
The strict interpretation or enforcement of the specified regulation
would deprive lhe applicant of privileges enjoyed by the owners of
other properties in the same district.
STAFF RECOMMENDATION
The Community Development Department recommends denial of the applicant's request
for a density variance to allow for an increase in density from 0.g25 dwelling units to one
dwelling unii. The recommendation for denial is based upon the staff's review of the
variance criteria and findings outlined in section lv of this memorandum. The staff
believes the density variance is not wananted for the following reasons:
1' The granting of the variance will constitute a grant of special privilege inconsislent
with the limitations on other properties classified in the Commercial Core I Zone
District.
2. The strict and literal interpretation of the density regulation does not result in a
practical difficulty and unnecessary physical hardship inconsistent with the
objectives of the Zoning Code.
3. There are no exceptions or extraordinary conditions applicable to the applicant's
site that do not apply generally to other properties in the Commercial Core I Zone
District. A small lot in and of itself does not constiiute an extraordinary condition.
4. The strict interpretation and enforcement of the density regulation does not
deprive the applicant of privileges enjoyed by the owners of other properties in the
Commercial Core lZone District.
o
architects,peel/angenwalter l.l.c.
david mark peel. a.i.a.
kathy langenwalter, a.i.a.
2588 arosa drive
p.o. box 1202
vail, co 81658
970-476-4506
97O4764572 fax
BASE MOUNTAIN SPORTS DENSITY VARIANCE
Hong Kong Cafe Building
Part of Lots B and C, Block 5C
Vail Village First Filing
227 Wall Street
Vail, Colorado
December 15, 1997
The Hong Kong Cafe Building has recently changed ownership. The new owner
willbe upgrading and remodeling the building for use by Base Mountain sports.
The basement will house ski storage lockers, men's and women's accessible
restrooms, and mechanical equipment for the building and new elevator. The first
level, accessed from wall street, will provide ski rentalservices, and the second
level adjacent to Ead Eaton Plaza will be a retail shop. Also proposed is the
addition of a third level to accommodate a two bedroom residential unit.
Section 18.24.130 of the Town of VailZoning Ordinance states that in Commercial
Core l, density shall not exceed 25 dwelling units per acre of buildable site area.
This refates to a minimum site area of 1742.4 square feet per unit. The site area of
the Hong Kong cafe BuiHing is 161 1.7 square feet, 130.7 short of the minimum.
Based on the site area, 92.5o/o (.925) of a unit is allowed; therefore, the owner is
requesting a variance of 7 5% (.075) of a unit to allow the construction of one
dwelling unit.
The allowable GRFA for this site is 80yo of the 1611.6 square foot site or 12g9.3
square feet. The GRFA of the proposed unit is 1 1g6 square feet or g2.g% of the
allowable GRFA. Due to the compact size and the design of the dwelling unit it will
not meet the criteria of a luxury second home, but can be a viable short term rental
unit.
Although the existing site coverage statistics will not change with this proposal,
portions of the structure at grade are being removed and other areas infilled. A net
loss of 16.3 square feet of buitding footprint at grade will occur. In addition, the
property will have a net gain of 24.9 square feet of landscaping where a planter will
replace part of the existing patio.
The current restauranubar use requires 12.T parking spaces. with the proposed
changes, the retail parking requirement will be 11.1 spaces and the residential
requirement will be 2 spaces with a total of 13.1 spaces, an increase of .4 parking
space.
The proposed uses of the Hong Kong Cafe Building - ski services, retail, and a
residential unit - are permitted uses in CCI and typicalof the surrounding buildings.
The architectural character of the proposed building is similar to the style preferred
in Vail Village thus strengthening the relationship of this building to its neighbors.
Also, the additional landscaping, relocated entrance from.Earl Eaton plaza, and
enlarged entrance from Wall Street will enhance the relationship of the pedestrian
with this property.
The minimum lot size allowed in commercial core I is 5,000 square feet. However,
this property was plated with considerably less area and is only 32o/o of the required
5,000 square feet. This of course was not caused by the current owner who would
like to enjoy the same rights, uses, and privileges of his property - the inclusion of a
residential unit - as his neighbors.
Because of the physical hardship of the site area being substantially smaller than
others in ccl, because the site area is so close to the minimum required for a
dwelling unit, and because the proposed dwelling unit is smaller by nearly 100
square feet GRFA than allowed on a property this size, this variance will achieve
compatibility and uniformity of treatment among the sites in the vicinity and is not be
a grant of special privilege.
The grant of this density variance will have no effect on light and air, distribution of
population, transportation, traffic facilities, utilities, and public safety. Nevertheless,
the addition of a third story will have an effect on a number of these issues and will
be addressed in conjunction with a major exterior alteration request in the near
future.
The Hong Kong cafe property is not a designated sub-area described in any part of
the vail comprehensive Plan; however, this variance request and proposal comply
with the following statements from the Vail Comprehensive plan:
Land Use Plan Goals/Policies
Vailshould continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both
the visitor and the permanent resident.
The quality of development should be maintained and upgraded whenever
possible.
1.1
1.3
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Flan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infi ll areas).
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail Village Master Plan.
4.3 The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, smalltown feeling, mountains, natural
setting, intimate size, cosmopolitan feeling, environmental quality.)
Vail Village Master Plan
"There is a need to continually maintain and upgrade the quality of existing
buildings, as well as streets, walks and utility services. Vail's economy relies to a
large degree on maintaining its overallstatus and attractiveness as a world class
resort."
GOAL #1 Encourage High quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of
community and identity.
1.2 Objective: Encourage the upgrading and redevelopment of residential and
commercial facilities.
GOAL #2 To foster a strong tourist industry and promote year-around economic
health and viability for the village and for the community as a whole
2.1 objective: Recognize the variety of land uses found in the 10 sub-areas
throughout the Village and allow for development that is compatible with
these established land use patterns.
2.3 Objective: lncrease the number of residential units available for short term
overnight accommodations.
GOAL #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Objective: Physically improve the existing pedestrian ways by tandscaping
and other improvements.
The Land Use Plan diagram indicates this area as a mixed use. "Lodging, retail
and limited amount of office use are found in this category. With nearly 270,000
square feet of retail space and approximately 320 residential units, the mixed use
character of these areas is a major factor in the appeal of Vail Village.',
This property is in the area designated to be in the 3-4 story range of building
height on the Conceptual Building Height P/an. "Building heights greatly influence
the character of the built environment in the Village. This is particularty true in the
Village Core where typical building heights of three to four stories establish a
pleasing human scale."
Vail Village Design Gonsiderations
Again, the addition of a third story will have an effect, mosfly positive, on each of
the issues discussed in the design considerations. These will be addressed during
the major exterior alteration process.
T-l
TT1t^' /
Berenbaum. \l'einshienk & Eason, P.C. Attor,r".r-s t Lutt'
J70 Seventeenth Sreer
Republic Plaza . Suite 2600
Denver . Colorado 80202-5626
Tllcphone: 303/825-0800
Facsimile: 303 /629 -7 610
E-Mail: Berenbauml @aol.com
Jamr.s 1.. hurtz-Phelan
Direct Dial t0S/ 592-8323
Januarv 8. 1998
SENT VIA FACSIMILE
George Ruther
Town Planner
Town of Vail
Vail. Colorado
Re: Variance Reauest for 227 Wall Street
Dear Mr. Ruther:
This firm represents Mr. Ed Bleckner and the Fraises Corporation, owner of Units 308 and
309 in the Lazier-Arcade Condominium Building in Vail. These Units are located immediately
adjacent to the New Hong Kong Cafe.
As we understand the variance request, the purpose of the variance is to allow the
consffuction of a third story on the New Hong Kong Cafe building to accommodate a two-bedroom
residential dwelling unit. The proposed variance, ifgranted, would result in the total blockage of
any view of the mountains from my client's property.
I have attached for your information an Agreement reached in 1986 between the then owner
of the New Hong Kong Cafe property and my client whereby the owner of the New Hong Kong Cafe
property expressly agreed to specific height limits for the building on that property. The purpose
of those height limits was to ensure that the view from the deck of Unit 309 of the lazier-Arcade
Condominium Building was not blocked. Any new construction raising the elevation of the structure
on the New Hong Kong Cafe property is contrary to this Agreement which was recorded in 1986 and
is binding on the successors and assigns of the owner of the New Hong Kong Cafe property.
Because this Agreement was recorded in 1986, any new purchaser of the property since then would
be on notice of this buildins restriction.
H:\DOC S\CLIENnRE\BLECKNER\CORRES\RUITCR.LTR (ct8 I /EA8)
TOWN OFVAIL
Office of the Tbwn Anorney
75 South Frontage Road
Vail, Colora"do 81657
970 -4 79 -2 l.O7/F ax 970- 479- 2 I 5 7
R. Thomas tloorneaarflA
If any additional information is necessary, please contact me.
-"t-,-"a1rnanKs. - 'M
MEMORANDUM
TO:
FROM:
DATE:
George Ruther
January 19, 1998
SUBJECT: HKCPartnershipiTheFraisesCorporationAgreement dated3ll6C"#George, my review of this agreement leads me to the opinion that it does not relate to the Town of
Vail zoning ordinances. The Town of Vail is not a party to this agreement and its seems to address
the approval process for a conditional use permit and approval ofmodifications to the exterior ofthe
Hong Kong Cafe consistent with the time frame that it was entered into.
RTMiaw
Attachment
{7 uun"rro rn"o
1
Berenbaum, Weinshienk
ATTORNEYS AT LAW
o
& Eason, P.C.
Letter to
January 8, 1998
Page 2
It is my client's position that the Town should not grant a variance which permits a violation
of an existing Agreement which is recorded against the property and of which the Applicant should
be aware. I will appear at the hearing on Monday afternoon on behalf of my client to object to the
variance request. If you have any questions before that, please feel free to call me.
Very truly yours,
BERENBAUM, WEINSHIENK & EASON, P.C.
,aAM-1-
L. Kurtz-Phelan
JKP/clg
Attachment
Ed Bleckner
Fraises Corporation (via facsimile)
H:\DOCS\CLIENT\RE\BLECKNER\CORRES\RLTTHER.LTR (cts t,t/9s)
. .r.35 75 .ti!f fiHE 1 Tt: tHltL li:r
gAaLE iTY. RiiCinBi'!
fel ?5 ll oo [H'8?"oo*.4-19.nntJ..ll-;02256
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, . '..j
..,1day of
I\)K*l Golorado
'*tl| TION, a
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AGREEI.TENT
fl.,'t.IHIS AGREEI{EN? ie made- and enteied lnto as of the /D 2
^?ff&a'?'"u,i,llrrff
e,"',affi f ;*,F*ff..;*1*tr-SS#Colorado cbrporation' trlieirJ.i ti hereLn aE ,,Fra1ees,,).
I'HEREAS' r.n connectlon wrth the-expansion of the lroneKong cafe, HKc 19-gJllrr.a-'-t-o'o"rt"i" i "liiai-iiJi"r use permit anE$lli?"ll.for nod i f icit ion -oi-r-iu i iJi"e -"ii"ii;; ir;; -rf, ;
- i;;;;
IIHEREAS' rn connecrr.on wrth seeking those approvars,Fraises rs willing t-l 1;.€r . i;" ;+it-"-"iJ''Bppo"" g-rantlng ofsuch approvals upon the exelution ani' eatrsr"-"i'.o' or rhe termsand conditions of this agi;.r""i-ty-ixcil"l----.
IIHEREAS, HKC, ln order - to work cooperatlvely wtthFral'ses for the prTpgge Jf obtainrng qpeedy approval from theTown of Vail rf--rriiing. -to -lbrlgare irself tb rhe te:ms andconditions aet forth rn- t"t il-airlenent.
NOI{' TLEREFORE, r.n consrderitlon of the premlses, theirmutual covenants- and p;"ri;, ar-d otrr"i looa and valuableconsiderarion. the r"""ipi-.ia' ."Jli"i"ic-f fi'wrricrr is herebyacknowl ed'ed, the p aii i;;'r;";;-y ;;;; ;-;;"Fi r'"Jn,",
1. l"lij:"_ !:r-*y agrees not to oppose rhe lssrranceof a condirional use perrnit -or "apl-r'o"4-"-iritatii""tior,, to theexterlor of rhe Hong Kbng c.re-uy'[h; fo-d;f-vi]r.
2. HK_C- hereby egrees tha_t the expansion of the HoneRong cafe (referre-d to ierEio- ""- ir,. -'\rJ^fiiiding,,) eharl bEcon6tructed r'n srrch a rarro"i, t otnoithst""ii'g--ir,y approvals bythe fown of vail to the ;ilr;y; ;;;h';ffi";ii"" riew rrrrrding doesnor-violare any of the followini conditions:
ra)- The top of the p-yranid skylight ln the centerof the roof ot'rrre -ii"",-1'"iraiTr_ ;fr;ir-;Jc',u-"^-i'rgt", than sixinchee below the rairrn! o"-li-"*a";k-;; ii"it -gi9 of the FraiseeProperty. r
(b) . I'lre toD of the -urajor roof line on the New?l1lai"g.-shal1-noi be-norl'trtli six tnches above rhe froor of thedeck ro unir 309 of the rraisJi Frop"rty.
Zryt*t, "[grtr" the
-owaer ,"J .,l,l ttong^Rong Cafe tocareddt .) 1-o- . iir_r_ :l____T.=. v4 LrrE nong [ong Uate located**ffi ."f;t"t."t"'n'"Ti'"'"t1"::t*""*ii:rii;r"i:#ii;
h
t\q
d
Er!
e Eenner a8 to cause_certaLn tnpacts upon Unthe La z i e r -Ar c a de c"" a orJn ii, uiiiit-ri,t I;;;r' ; ;ili"f"fi *i:;o:::u: j:l'[t*]{*i'}'i::'+,i",::.!i.li,iJr1,'t1r',?',ull
A attached hereto ana iircoi;;;;;;;'h";;i;';+ntends -to entarge rhe nong ftonl-crri,-ii-ilIil
.certaLn _lnpact-s upon Unit"-J-Og-""a 309 {n
thrs rererence, ."a-r',t!;;;-i;-";ff;; ;il: i:il'filli'Ejrl'l;t:":il
h}?1":rr":r^j"""r:'X::,^"_.1r,"! .rr.pSS..i .1no" u!it"- gos and 309 rn
whtch unt rs a'" o'oo"d-bt-i;;Is;I't;il5ri::";;:p:1.;iil, J:
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02256
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- (c) lhethe Ners Butldtne inaff-of the deck to unit 309"!!'rF',!l: :f,:*:, ;nll:f;::""i1"!'inl"?f.:fof the Fralees frop-ity.
pylld{"e-ur"t_t j{3rtlluintotj,rJri."*",.',"rif r.l"?Ju':rolj..li"I!Itlnted plexiglass.
* b e r g I a_s " "., .!il^."'&:r:r"f_J il"$f ff #'h l' :fi n 3'
"
f il frlff ":;the north half of the new a"il;i"i-;l; fi.jil; p'y*rrrld skylight onthe New Butlding and -shal:l--f,L -.*t"r,a"d aci6ss the skyltghte9_"Tr"F nlghtr-ttre- i"e or- it" HJng- rcong _cafe ao es to reduce theenount of light enitted through-fir" li-yflEfris]-
rr,r 1 I b e I o c a r elt tt" H'"*ff"t "1'""1?"::' "
Fo ?n 5
t
I 3l ?,""" In5'il*Building.
(g) -A1l qechanl.cal equiprnent on the roof of theNew Burldine shaii u"-tr.ia"ii-i;;, vreiw lrom-tie aect on untr 309of the Fraiies rrope.ity uy;;#;r_enclos're "ilr"r,t" which sharl
l?oi""l"trrl."r rhan'irr"
""joi-iior-
ri-ri"-i,"- a""-c-rli.a rn paragraph
q,) The_re ehall bS 11o- -direct uplighrs lnstalledon the second floor or -ttte- NJw.r"!-rli{e,--ri -f"r.g agreed thatltghting on the.second flooi oiit" new s'uiriini'srrarl be throughtlxtures which direcr all ltght in a ao*n;;;;-jir"cr'on.
Building shall {"t'""Tio#';t"t"i? fl:f;"J: the roof of the New
,J, Tlere shall b-e- -1o exits frorn the north eideof the second rid6, ;;-il"'ril1i'rorrarng.
3. Ta., h.I:.9{,?g:""_" to. confor:m atl dra-wings preparedI::_-T"f . epplo"l:,
^
p_,rlding pemit issuance and consrrucrion
iiii!ff :.":J.I:,_":J_'E'*"";:"';f ilu*,if'sii**":i:i:".';Tl"i;crf.teria at ell'times.
a'=' 4- The parties herebv igree that, ln the event ertherparty breaches ' the' terms -
""a
-",i"aitir"" -oi' tiir' Agreement, theparry nor in breach shall be Grnttt"a to t;ilg an actlon forspecific perforrnan"" 6i-_a"oi"i"!'r' the oistrrct corrrt for theCounty of -Eagle, stll.-ot c;i8r-;r".
:*r1"]^:^i":*.,Ir'iif i"H?l:+?l.ft;r"";1j""j""*,i:H"..i:p"fff".li-the stare of colorado .iia--"-r,Jrr- i^i-il;;'iff J;"" rhe partiestrereto, thelr respdctive telrsl-f,r"""""o.s ani as."rgns.
-2-
I
- rN WITNESS TMEREOF,foregoing Agreement as of theabove.
02256
JMo25
the parties have executed thedate and year first set forth
EKC PARTNERSHIP,partnership a Coloradlo general
BY:
THE FRAfSES CORPORArION, a Colorado
)I{
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EXITIETT A
A PART OF LOT C
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ftffui:gt*tdtfig$i{il'ffi l*fi ffi ;Tgl+r ;6 ;;;;ffi:s 4'r sEcoNDS E , 11 go-Fiir, -i,ll*ce tr. roEir.i ;; ;;;JjiEE li 3F3SX|3 i '. 1z-e6 reEii ii.iil-c. s 7?DEcREES ao rtrvuri
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Anav ]oncnxsnN CoNr.,re
January 21, 1998
Planning and Environmental Commission
c/o George Reuther
Town of Vail
75 S. Frontage Road West
Vail, Colorado 81657
Dear Commissioner:
This letter is in response to the request for variance submitted by Base
Mountain Sports, Hong Kong Caf6 Bldg., Part of Lots B and C, Block 5C, Vail
Village First Filing, 227 Wall Street, Vail, CO.
I am an owner of Condominium Unit 305 located in the adjacent building, The
Wall Street Building.
I am opposed to the building of an additional floor onto the existing structure
or a revised structure of the Hong Kong Caf6.
I feel strongly that the additional height and volume at this location will crowd
the existing open space area of Earl Eaton Plaza.
I would like to note that several of the condominium owners of the adjacent
Wall Street Building were recently denied the right to increase their floor plan
area even though:. The increase was completely internalto the existing structure.. The increase in floor plan was less than the deviation requested by
the applicant.
" The timing of the modifications was apprcpiiate due to the compleie
interior rebuilding resulting from the recent fire.
The granting of a variance would be granting a special privilegein violation
of Vail's zoning ordinance and clearly discriminatory.
Sincerely,
Steven TurL
6(Xl Route 44-55
Htghlead, Ifes YorL 125.2a
Jarruary22, 1998
Planning and E wironnrental Commission
o/o George Reuther
Toql ofVail 75 S Fronage Road West
Vail. Colorado 81657
Commissioner:
I write this letter on t ehalf of the Turt family. oq,lers of unit 307 at The Wall Street Building.
On Tuesday. January 20th EE were informed by other Walt Street Unit owners that on Monday,
Januar-v 26, 1998, there is a lariance hearing scheduled for Base Mountain Spofts to rcquest an
ex?ansion to the Hong Kong Cafe Building.
Besides being a unit owner. I am orrently the president of the Lazier - Arcade C.ondominium
Association. I am exremely displeased about not being informed about rhe hearing as I absohnely would
have made plans to attend. Afrer speaking with the Town of Vail Planning Commission, it was mede
clear to me rhat it is the obligation of the applicant to notif adjacent prop€rty owners in a timely fashion
-..we were not nstified at all !
Over the past Eight y€ars we have tolerated weryrhing from @uem episodes of late night
rowdiness to the consrant mismanagement of the notorious garbage hcap that visibty overflows between
the buil.lings and smells (ertn in the winter). Understandiag the way the building is being managed (or
m$managed) presently, I am hard prcss€d to figure how the-" "rill handle the r€spoLtibilit-v of larger
traffc flows with a funre e<pansion.
I am of strong opinion rhat The Hong Kong Cafe Building is already detractrng fiom the quality
enrl valss of the residential units tocated indirect$ above. Due to tbese ftasons. I am respectfufy
requesting any agplication for expansion otr thic property be d€nied-
_-/'T'.f 4 7t'L
<'p* t*u
Steven Tu*
tlzblqg
?i.tz- ?orar,
\l*eirquce t Fuetw fil*srw pu.
.* Speci*l .pe.ivilqe
kifc.l"ar | *re- tt[*drq crrif.
Bce"r B*e*te,r-.
l{crr e^rfifto lD ,,Ari
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Co*roil_iou*,_ ,jx-:
ot
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Chran-qe td 6e"**\ Tvo-s+oe1 @' AM 'AA+eJ Pt*al
f Aer,e=e |o Wv. eV+cz r^:ourd k. +l'v
T,eftef^i{i|.tt f,4<}og.
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{oh.r .
$t*J ' Yvtose to
rlX*.t eltlc,e. -+ A U.l
Xlcrr Sr+rn e ?a"ttt.
fiAbE |"
architects
2588 arosa drive
p.o. box 1202
vail, co 81658
t l€lqo BPaa
Chneie A.{1b'flzl
--
4r'f
ffi \--2
6lztlqt
UwnYt
{o;t
"david mark peel, a.i.a.
ftiity langenwalter, i.i.a. -tr;PuW Mte'* ',*'r.-'
6aqlE, U--^1 4.*dn"\Loq#$J
* W ./tr^*rt-.
d*t lords
Lodge Properties, Inc.
c/o Orient-Express Hotels, Inc.
1155 Avenue of Americas
New York, New York 10036
fn1, ,% bee ,t-rlt V4it, co.
[+4+r A. M.
effih=: @1 ,*.:l
*--+
LAZIER ARCADE CONDOMIN IUMS
clo Lazier Commercial Properties
3BB Hanson Ranch Road
Vail, Colorado 81657
LAZIER ARCADE CONDOMINIUMS
Brandess-Cadmus Real Estate
281 Bridge Street
Vail, Colorado 81057
ATTN: Craig Jagoe
BRIDGE STREET CONDOMINIUMS
c/o Brandess-Cadmus Real Estate
281 Bridge Street
Vail, Colorado 81657
ATTN: Craig Jagoe
.l,t i i_,i iirarL pc,'1,,r.i..t.
.!athy langenwalter, a.i.a,
architects
lSt lt;ltos.l (lfrva'
p-o. box l2O2
vail, co B1(r5B
PLAZA LODGE CONDOMINIUMS
c/o Ron Byrne & Associates
285 Bridge Street
Vail, Colorado 81657
ATTN: Donna Schultz
Mrs. Blanche C. Hill
311 Bridge Street
Vail, Colorado 81657
The Vail Corporation
P.O. Box 7
Vail, Colorado 81658
ONE VAIL PLACE
c/o One Vail Place Condominium Assn.
P.O. Box 411
Vail, Colorado 81658
dav_id mark pct'|, a.i.a.
kathy langenwalter, a.i.a.
architects
2588 arosa drive
p.o. box 1202
vail, co 81658
Mrs. Cortlandt Hill
311 Bridge Street
Vail, Colorado 81657
ag"'q lqt p_qg!, a._i:9:._ __
kathy langenwalter, a,i.a.
architects
2588 arosa drive
p.o. box '|202
vail, co B l658
THE TOWN ON VAIL
75 South Frontage Road West
Vail, Colorado 81657
THIS ITEM MAY AFFECT YOUR PHOPERTY
PUBLIC NOTICE
NOTICE IS HEREBY
Vailwillhold a
Town of Vail on
consideration of
of Block 58, VailVillage 1st.
Applicant:
Planner:
Pepi Gramshammer, represented by Kurt Segerberg
George Ruther
t the Planning and Environmental Commission of the Town of
ordance with Section 18.66.060 of the Municipal Code of the
at 2;00 P.M. in the Town of Vail Municioal Buildino. ln
A request for a height variance, to allow for an additonal 1'0 of interior height to be added to thehotel rooms on three levels only (Gasthof Gramshamme0 located at 291 E. Gore Creek Dr./part
A_request_for a density variance, to allow for the construction of a two-bedroom unit, located at
227 Wall StreeVLot B & C, Btock 5C, Vail Village 1st Filing.
Applicant: ASI vail Land Holding, L.L.c., c/o Base Mountain sports - Brett Barnett,
represented by Kathy Langenwalter, ArchitectPlanner: George Ruther
A-request for additonal GRFA utilizing the 250 ordinance, to allow for a garage addition with
office space above, located at 4532 streamside circle/Lot 15, Bighorn atn Rboition
Applicant: Edward Padilla, represented by Kathy Langenwalter, ArchitectPlanner; Reed Onate
A.request foJ a setback variance, to allow for a revised parking lot, located at 4192 Spruce
Way/Lot 5, Block 7, Bighorn 3rd Addition.
Applicant: Altair Vail Inn, c/o Mary Herzig, Represented by prudential Gore Range
Properties.Planner: Dominic Mauriello
A request for a worksession to discuss a conditional use permit to construct tour multiple{amily
dwelling units and variances from section 18.28.090 (Building Height), section j g.2g:140
(Landscape Area) and Section 18.28.070 (Setbacks), io allow-for c6mmercial and residential
expansion, located at 143 E. Meadow Drive (Crossroads East Building) / Lot P, Block 5D, Vail
Village 'lst.
Applicant: Crossroads Plaza, Trevina L.p., represented by Bill piercePlanner: Dominic Mauriello
The applicatio.ns and information about the proposals are available for public inspection during
legular office hours in the project planner's'office located at the Town bt Vait Cdmmunity
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification.
2114 voice or 479-2356 TDD for informdtion.
Community Development Department
Published December 26,1997 in the Vail Trail.
Please call479-
o
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the
Town of Vail on January 26, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for additonal GRFA utilizing the 250 ordinance, to allow for an interior remodel,
located at 1998 Sunburst Drive/Lot 19, Vail Valley 3rd Filing.
Applicant: Nate Accardo, represented by Dale Smith, Fritzlen, Pierce Briner ArchitectsPlanner: Reed Ofiate
A request for a conditional use permit to construct four multiple-family dwelling units and
variances from Section 12.7E.8 (Building Height), Section 12.7E.11 (Landscape Area) and
Section 12.7E.11 (Setbacks), to allowforcommercial and residential expansion, located at 143
E. Meadow Drive (Crossroads East Building) / Lot P, Block 5D, Vail Village 1st.
Applicant: Crossroads Plaza, Trevina L.P., represented by Bill PiercePlanner: Dominic Mauriello
,,ll A request for a density variance, to allow for the construction of a two-bedroom unit, located at
W, Wall StreeULot B & C, Block 5C, Vail Viltage 1st Fiting.
,11rApplicant: ASI Vail Land Holding, L.L.C., c/o Base Mountain Sports - Brett Barnett,
represented by Kathy Langenwalter, ArchitectPlanner: George Ruther
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2114 voice or 479-2356 TDD for information.
Community Development Department
Published January 9, 1998 in the Vail Trail.
a.pf'#/ //ut
peel/langenwalter architecls, l.l.c.
david mark peel. a.i.a.
kathy langenwalter, a.i.a.
2588 arosa drive
p.o. box 1202
vail, co 81658
9704764506
97O-4764572fax
BASE MOUNTAIN SPORTS ADJACENT PROPERW OWNERSDENSITVAR|ANCE December 10. 1997
Hong Kong Cafe Building
Part of Lots B and C, Block 5C
Vail Village First Filing
227 Wall Street
Vail, Colorado
LODGE PROPERTIES, INC.
c/o Orient-Express Hotels, Inc.
1 155 Avenue of Americas
New York, New York 10036
LODGE AT VAIL
Lots A and B
17 4 East Gore Creek Drive
LAZIER ARCADE CONDOMINIUMS LAZIER ARCADE
c/o Lazier Commercial Properties Lot C
386 Hanson Ranch Road 225 Wall Steet
Vail, Colorado 81657
LAZIER ARCADE CONDOMINIUMS
c/o Brandess-Cadmus Real Estate
281 Bridge Street
Vail, Colorado 81657
ATTN: Craig Jagoe
BRIDGE STREET CONDOMINIUMS CASINO BUILDING
c/o Brandess-Cadmus Real Estate Lots D, E and F
281 Bridge Street 250 Bridge Street
Vail, Colorado 81657
ATTN: Craig Jagoe
PLAZA LODGE CONDOMINIUMS PLAZA LODGE
c/o Ron Byrne &Associates Lots G, H, l, J and K
285 Bridge Street ZB1-293 Bridge Street
Vail, Colorado 81657
ATTN: Donna Schultz
THE VAIL CORPORATION TICKET OFFICE
P.O. Box 7 Resubdivision Lot C
Vail, Colorado 81658
Mrs. Blanche C. Hill
311 Bridge Street
Vail, Colorado 81657
ONE VAIL PLACE
CONDOMIN IUM ASSOCIATION
P.O. Box 411
Vail, Colorado 81658
Mrs. Cortlandt Hill
311 Bridge Street
Vail, Colorado 81657
HILL BUILDING
Lot L
311 Bridge Street
ONE VAIL PLACE
Resubdivision of Lot C
244 Wall Steet
THE TOWN ON VAIL EARL EATON PLAZA
75 South Frontage Road West parcel 1
Vail, Colorado 81657
DEC 15 '97 la:lAFIt F.3t
ALTA OWNER'S POLICY . IO.I7
FOLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLEGUARANTY COnrrAI'lY
SUBJBCT TO TI{E EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE COh:TA]NED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STBWART TITLE GUARANTY COMFr'.NY, A
Texas corpotition, herein called rhe Conrprny, insures, a$ of Date of Policy shcwn in Schedule A, against loss or damage
flOt exceeding the Amoun! of Insurance stated in Schedule A, susmined or incurred by the inrured by reason of:
L Title 1o the estate or interesl descr'ibed il1 Sch€dule A beins vested other than as stated thereinI
2. Aqy dafect in or lien or encumbrance on the title;
3. Unmarketability of thetitle;
4. Lack of a righr of access ro and fmm the land.
Thc Company wiU al$o pay the coets, attomeys' fees and expenses incurred in defense of tlre title, as insured, but only
!o the ex[ent provided in the Conditious and Sdpuluions,
IN WITNESS W{EREOF, Srewarr Tirle Guararrty Comprny has erused
duly authorized officers as of the Date of Policy shorvn in Schedule A,
thi$ p(rlicy to be signed and $esled by it$
STEWART TITLE
GUARANTY COMPAT{Y
Chafrnen of the
a iudsmeltl or lien crEdiror.
EXCI,USIONS TROM COI'ER.AGE
Tte follotuing m8rcr$ ffre. e,(presrly excluded from rho covemge 0f rhif policy and rhe CdrnfrAn),lviil norpfiy l0s$ or darnsg,l. c0srs,
Arrorneyg fse$ 0r er.penser which arise by re.tson of:L (a).Any law, ofllinunce 0r governnentel re8ulrtion (including but rtot limited tn building snd xoninf lr:r,$, {tfiliBx.llces, or regulniionr)
resftictllg, regut0tln8, prohlbiting or.eleting t0 (i) the occupsncy, use, 0r egoymcnr of rhc ]and; (ll) (he chArecr€r, dlmensions 0r loc$tion
0f Arly improvemeot now or he.eafier erecrrd otr dle landl (iii) o sepatariorr llr olvrership or * cha ge in the difiensiong 0:' area of dle Jand of
uny parcel of which the land is or war a pertl or (iv) envirornrenu! protecrion, 0r th€ effect rfrny vrolarion of thesc larvs, ordirtances 0t
government:ll fegulAtionr, ercepl (o the exrenr lha( a norice ofthe e[firrcemenr thereof,]r a notice ofr dst'ect, lien or encunrbLairce reguking
frnrn a violcti0n 0r $llsged viol$tioll Bffgctlng ftc lRnd has been fecordcd in the put,lic records At Dsre 0f Policy.
(b) Any govurtttnental p0licc power nol cxclud+d by (it) above. execpt to the oxtont that a nolicc uf thc exorqisc thers)fof I tlotice (!ir
detb.ct, ljen or eoculnblance resulting fi'om a vi0latiun ol'ellegEd violation aftbcting the l.nd h{s been recoded iI the puhlic reconls at Dnte
of Prtlicy.
2, Rights of cmincnt domfiin unlcss nr;ticc. of thc oxcrcisc thcrcof has bccn rccordcd inthc public rcqordr af Dere cf Plrlicf , but uot
cxelud ing tiom ooversge nny tahing which has occurrcd prior 'n Date of Policy whieh viould bc uhrding on thc rights o{ r Fi.:rchrtrier lirr vrlue
rvirhour knowledge.
3, Dcfccts, ircns, cncumbrancss, adverre claimr oI other rha efsi
(a) crei(ed. suffered, Essumed or agreed to by the iluured clsimanti
(b) not knorvn to the Compaly, not ncorded in tlre Fublic tecords [t Dete 0f Policy, but knowu ro the insured cjsi:rsrt lrnd not disciD$ed in
wTitilg t0 the ConFsny by the insured claimqm prioT to (he daH lhe lnsurcd claimsnr trecfime nn irfured under rhis l:olic]il(q) resuhing h no loss or damsgs ro dre insured clalmaur;
(d) atrschtDg 0r creatEd subsequcnr Hl Date of Policy; 0r
(e) tesuhing ln IoBg of damage whlch vlould nor have been susrsined lf rhe lnsured clqlmnnr hsd paid value for the esr*re 0r lnrelesr ir$ufrd
by thie policy.
4, Any clsim. which ariees out ot thc irf,nsaction vcating in thc lnsurcd the catatc or intcr*t ins,rred by this polici', by rcason ofthc opcrfl.tion
of federdl henkruptcy, slate insolvency. or limilat credirors' rights hws: that is based on;
($) (he nEn6[cri0n creating the estefe or intercs! insured by this policy being dserned a tiaudulent conveyance or frauduient tranrl'er; or
(h) tho trAnsflction cteating s estate o[ interest rnsured by th!6 policy beins deemed fl prcferential tran$fbr except wl]erE rhe preferenrial
trAn$fef re$ults t'rom Lhe thilure (i) to timoly reeord lhe instru)ltbfir of ffftngferi 0r (ii) 0f such recordatioll to imF.lrt notic0 !o a purchar0r f5f
STEIVART TITLE OF EAoLB coUNTY, TNc,
Agent ID #06005t
Serinl No. O-9701-53509
DEC 15 ',97 12:21P1,1 P.3
AND STIPULATIONS Conttn4d
i. FROOF OF LOSS OR DATLIGE.
ln irddition to and at'trr rhc noticcr rcquird undcr S*ctior 3 ff 6csc Corxlillonr o* ,Sripuletions hrvc b*cn providcd rho Company, I pm6f of lots or dnmnga rigned
.rrrrl rrlorn ro b1. drr insural
i,,.s or dant;rge l$J
;i:trnrlnr ro pnrvrdc the r,quirtJ pfmi
i,'t dcthnd, pft)Jcclr(E. or contirlsc rn!' lirigatron. rvirh rcgard 19 1lp rnctter or nra!!e!g rcquiring luch iroof of loss or drrrn5c.
In{diti0ll.theinsurdclqimIrrtrmavreasonablyberequiredtosubntittosIafin{do'iundEro5lhbyan:zeu;horiaed.epfesen6tivcol
i'r(ucc'blexnlinAtion.intpccrionfflc0pying,itrsuchEason'btc(itlgsaddpl|ce3$j
h1$k'.|edgBrr.cha(k.l'EoIr$P0ndeBcclndn]BmorendA.tvhclhelbe{ring
ii nqut:ud by nny rurhorired teptdser[a!ive
ll|dFrilg.il|sPcrlxtldcopy|lrec(|nl!,boo|(!'ledgerl'ch!ck!.EociPondcrtcc!$emoi!nd8
lhi lotr ot rlrnfge. All i foflerion d
trfrlillhtd [ny linhiliry of rhc Cot pi{ny I der dli! Irdlicy ill ro rhsr cleift.
6. OFTIONS TO PAY OR OTHER\VISE SETTTE CI,AIMS; 'fERITIINATION OF LIAEILITY.
ln casc rrl c clei undcr rhis policy. thd C0lnpiny sltall h*uE rh0 follorving nddidonrJ opdonr;
(o) To Pay or TEo.ler Pcyment of lhc Athorml o[ lhruranrc.
Tptyofi9ndefpiymeniofthednrounlofinru'i]rcsundcrthirpo|icytogct|rcrwilh{nycorl3'etlor0cy3'feslndexperdginE|.t'rcby
n Brc sulhorizsd by the Comnnny, up ro (hE rimc of payrnEnt or tcrdcr of prymeot and wilich the eo$pany Ir obllg$ed to piy.
Up0nr|EdXErdi$cbythcConrpany0Fdli5oP(i0|l.itlllilb|iiryfnd0b!i8eti0nsiotheinsu?ed
lc|mi|luis'irrc|udirrgarryliabilityorobjiB{fi0ntodefed'0|tsecu'0f
(b) To Pay or Otherrvlre s€ttlc lvilh Pfrties Orhlr rh&n thc Inrured qr lVlth the Inrured Clqlmrnt.
(i)ropyor0rhenvireAe|cwithothErpfrticAlb
lir.v: 0r
(ll)$ptyorcfeF,!iIBsEttleivilhtheinrdredcididtAn?$eIs9rord4mtgbPrdvitldd|orunderttrilpolicy'tcgelherwkhanyc0gts'httorneyl
irtcurrcrJ by lhs inrurEd qlrinrf,nt whish rverc aurh{)rizeC by rhl Company up r0 fie d'tE 0f paymcnr d which &e Contpeny i! obligtted lo pAy.
Uponr|terxlrislbyibeconlpfnyofehherof|heor,rioNprovidedforinprngrrphr(bXi)ol(|i}'theComplny.rob|igEt!ni|6ihcins[Icd
c|itncd|0sr0rdlmsge.olherihiutthsplymcIrtsrrquircdmbcmrdc,shqllterminqo.
7. DETEEiI0'lATlON, EXTF.\IT OF LIAEILITY AND COINSURANCE,
ThiiPo|icyi5s0ontr8ofofindemllilyf8fingtfcrR|n0[e|ir|0950fdulngegu$nitlcd0|ineufte<|hytheit1surc
rrl rlli(te$ insulld sgni[st by ttris policv irrd o'|ly to rhr e:rte r hcrein descrlbed.
({) The litbilirt of'drc Cornptny trodrr rhis palicy sh{ll rot crcccd rhc lcirt of:
(0 the AnBtunt of Inturnnce sh(cd in schcdulc Al or,
l.nrnc< inrurd rgritsr h.v rlri5 lnlic;r,
r\ik|e'lt|t|(clcNt|rJ'{t|..ill|:(lF$lt-c|llt}vcrihcAt|x1|1(0ils[iAc
irrruntncc Dnrd 0t'Policf'hd4rs r0 rhE lo||ll vslucof drc irr red estaE 0r inrerest st Ds(E ofPoijcyi or
.{ii}1r'hgrdn$ub9dtlUcntimFmvcntclrthe5beenNiule.fGfn!,Pirt'iiitlloss.leConlpany
,\rmrunt uf lrrrumncE $tildd in Schcrl|Jlc A bc{ri (0 rhe sum 0f de Amounr of Insuance stsled i0 Schcdule A rnd thc rmount rxpcnr.lcd frtt tltc inlprdrrmcnt.
T|tcprtrvisionsoflhi3prrNgn'Ph!hr||n0tgPplytoco9t!.a$0mey9'fees[ndexpens$I0',.,hichthrco1PE0y
Frrth[ ui nny lott rvhich Ercdcd:, in thc rggrcgarc. l0 prrcenf of the Arncun( of InSurqnce sr8red In scbsdulc A.
(c) Thc C0ffpany rvitl pe-v only thds! corr5. n(lomuys' fccs aad crpdnics incurrd io rcccxjancr whh Sccliln 4 ol rhele Conditionr {nd Stipuladons,
$. dPPORTIO]T}IL\T.
|fthdtndd(sqribtidinschcdulcAco$ii!t!o|lh,0olnrordpar.cchwhicher.n0lUsdd'r!rin!ltrite.andr|orri:esFb|ilhcdsffectjngo[c
i''.it|Y'|ull.dle|nf-r5h||bcco|[pulctJfnd6ctIlcdonAPrQIa
{llrltch$cparttt€1rrcrlttlthewhl)Id,lxclu3ive0fsnyimpr0vrf€n|sm{dcruhrrquottl
{.lchIt|c5ih.vthcCompEnyrnrlrhcinrurcd'tthe|ineoftheis*uancrol.rhispoIir1'rndrhawnbyrncrPrcss5faIemenrolbyar|cn(|g!ne[l
{contlnu6d erd conolqdcd on last prgr of{hlr policy)
(ALTA O.vnBr'! Pdlicyl
I
CONDITIONS
. DEC 15 'S7 le;e2Pr.l
ALTA CIWNER'S POLrcY
SCHEDALE A
Order Number: 9?or4sao-c4
Daleof Policy,' october zg, zggz at 4tz3 Er{
Amount of Insuranm: $ a,3Oo,0oo.oo
Policy No, : o-ez oL- sBsog
l. Nane of lwured:
NT UAIL LAIID HOLDTM;.g LLC
2. The esmte or iwerest in the land which i,s covered by this policy it:
FTE SITfPIS
3. Title to the esffite or interest in the land is vetted in:
ASz uAfi.r !lt{D I{OLDII{d8 ftLe, A dOIrOnAnO LIMITED EIAEIITIfy COlfPAfff
4. The ldnd refened n in this policy is described as follors:
,95E TffACf,.ED IJEEATJ DEECRTFTTO,M
DEC 15 '97 12ra3Pf1
Ord,er l,lumber: 9701 4|a0-g4
I F.5
SCHEDULEA
LEGAL DESCRIPTION
A part oE LoC C.
BTock 5-C, UAIL VI,I'LACE, FIRSr FIITIN?,
County of Eagle, S9ace of Colotado, more particularl.y described
as foTTows: .,:,
CowrencLng at the ]fortheast carner of LoE B,
sald BTock 5 -C;
Ehence tilesterTy along the JvortherJ,y J.Lne of, said LoE B,
being on a curve to the Left having a rad.ius of, 582.79 feeE, a
central angLe of 08o30'06n, an arc dLstance of 86.48 feeE;
Ehence S 70"30'76n E, 734.00 f,eee fo fhe Tr.ue Polnt Of Beginning;
thelrce continuing aTong the aforesaid course 36.00 feeE;
thence N 79029'44n 8.. 44.00 feeti
tlrence N 70o30'76n W., 42-00 teeEi
thence S 79o29,44n W-, 4.00 feeE;
thence S 70"30.X.5', 8., 6.00 feet,;
tbence S 79o29'44" W 40.00 To The True poLn| Of Beglnnlng.
COUNTY OF EAGIJE
STATE OF COIJORADO.
TI{IS COMMITMEIIft IfAS PREPARED ON WI'y 72, 1997
FOR QAESTIONS RECn&DIJ,lc TEIS COMITXTMEMI PLE:ASE CALIJ IJINDA
WTLI,TAI,TS, THE TTTLE OFFTCER, AI 970./949'-7077.
FOR ?I/ESTIONS RACIR.D.IIIG TIIE CITOSING, PITEASE CAITIT
?R.ecr cARsoN, . TrrE EscRow oFFIctR. Ar 970,/949-7077.
DEC. 15.1397 1e:34FN =ry*t rIrLE v'AIL N0.138 F.S
ALTAOWNER'r POUCY
:
SCHEDULE B
i
Order Number: g?pt4sso-c4 patiq No.: o-p7\x_sllog
:
This poliq does nol inture against loss or danage (dnd thn Company will not pay costs, afrarnys,fees or wpensa)
which arise by reasbn of:
1. Rights or clainry ofpartiet in possetston, not slzown by the public recoils.
!
2. Eascments, or qlaimt of edsemcnts, not shown by the public rccord.s.
3' Discrepanc.ies, Yanlias 1n- boandary lin,-s, slzortage in area, encroachments, and any faus vhich a coryect
suntE and inspeuion of rhe premises woald disiloie and which are not shown try the puittc records.
i
4' Arry.lim, !, ,i$t to. a lien, for vrvices, Iabar or marcilal heretofore or here@er fiirnished, inposed. by law
and not shown'by the public records.
5. Unpatented mi4ing clains; reservadons or wcepfions in patents, ot ail att authoriaing the issudnce thereof;
water rights, clhiw or title rc watet.
6. laxe.e for t{. ye.r lggTr noE yct r lJen due and payahT+,
i7. the af,t9c,t, Ot iaelueions Ln aay genegal oe e1delfl,c water 3;o;11servantry, tlte
P;rOteeEiog,l eoil coasofvr fJO$ Orl otief, dlst-rl:E p,r jaClusjcn ia any watergewiee or street *,lprovctlea E area.
I
8, &esefvaeior* or excepe.lons coatajned in U.F, .pgtengs, oE in Aets authorja.1astlre i.s.suaaci ahereot, recordad Aprt J, Lg, lg99 in Boah ilg at. Fage 42s,,
tqaewLngi 7) Rl.ghts of thc ptapcietar of a vcln or Zode to GrftracE af,d temowehie cre therefron and 2) aigrht€ of way fot ditchea aad cea*Jg eodgtructed unCcftlre autjrori iy of the Uaited stataE.
9. Texfrsr eoadltlone, teaezvai.loaa I telttidtioae arrd obltgatleaa as aontalfled inFEoicctl,ve covetrants for ValI Village Fif,st FJltngt, teioeded AuEuFt t0, lg62 in
Bocik 774 a[ lFage i79 aa Reception .ilto. 96JBt,
.Ea"En-f,fg, regcfJdtioD s and rlgh*a-of-waye ae shosa on rbe pJat of vaiJVlztage, .Fi{ct rilingr s$d ctre pj.at of vail VtJZage, Firpt rittng, LotB A & clETock 5c, ricorded ia Eook i03 at paEe 4og as Raceplcon No. lgg7g4.
aseft.d f Eritfed to Robett, lF. LAE!et, by Dawid tI. If.d gJr / toz iagress aad egyeea
PvtFoaeg, ae containail ln the inctrunent r€sprded July 7L, 7985 la Book 448 atPage 78 aa Receptlon No, 341312.
Tclr4tg, oond,lt!'c)ns, sasarvltslons, ,?esf,^rict lotts and obxigaElonz nF co;rtailJed i^EPeClaratjorr lo.f, RG.gtfJCgJtre Coveaant.s / fadofded tlovenber Zl, 29g6 ifl Eg|ak AEZ atPege 778 as ,Eec€I'ttoa No. 3490i5.
23. Tezms 1 eondlllona, reaer.vatjorl s, resttlctlor,g and ohTlgatToaa as cdata1a€d JaAgr€+on*'e &$ aad Detween
"hc fff,d Partttes*hip aad The FtaLEeE Corporatlog,
i
i
I
CoatLnucd ott $ext *Dagre
['EC. 15. 159? 1e: :]5Fl'1 srurT rrrlE ',/RIL l1l. 1:ri P.:r
Ccatinuatlonl of gdhedule E - ALIA Owr;er, s po7Loy
PoLicy lJr.unbeb: O-9707-53509
i
I
Itacordad FcPruaty 25, L987 tn Book 458 at Page 244 as ReceFtjon No, i54475,
74- l.rty and alll leegag and geaaae.i,eg.
15. ?he folJ.ottl,irg as no ted oA Ehe .fttpforren€st LocaEloa deteiticate hy Jollrlsof,
Xunhcl & .esbociateE tac., d€fed Seplernber 23, 7997t
IcDoroaehee.sL of pat{o Ol:tA lOwn of Vail pf]oF!.'.?y.
er2c;roacfifieai! of roc-k naLls o']ta adjoia-inE propet:-ie' aToag the eaFt €rld
soutlweet i
{!nc.roa chmen t oE buiTillIl.g ove''ha/rg oft of f&e Etope'.ty louadary *ad
wood faqca funnCng off of the eubJ cct FttalteEty.
J5, A Deed of tluat dated octo.b eE t"o, zpp7, execr;ted by AEI vaLl Land Eoldlnga
IJIrc. I Coloiado linited lt'.blltty coatpdJuy, co t&G pEbJje fssstee of Eagle
Couniy, Eo Aecrrre an ltdcDtcdneaa of €8.OOA.OO0,00, in farror of, t7.9, Fa:tk
lvacJonal AeboeiaELoa db! Colorado ltationa.? Benk, te€osded Oeto-bar 74, 7gg?
Itr Book 740 | at Fa,ga 2i I as Reeept.i,or) ,Io . dJ dI 88 .
DEC.15.1997 1e:35Pt'1 =tt*t
ffi;rtff-NDsrrPULArroNs O
t1il. ltE P. 4
;1. DEFINITIONOFTERMS.
. The following trnns wlun u$ed itl lhis policy mean:
(g) "insurcd'l the insur'ecl rramed in Scherlute A, and, subject ro any rights or clefeases rhe Company woulcl lrave harl cgains( fte
nlmed insurerl. drose wlro lucceed IO tq interest of rlre named ilrsured by operzdon of law aS distirtguished from purchase inctuelirtg, bul nor
limired ro, heirr. disrribgreee, cleviSeeS, survivors, pef5gnsl feFre$6llrariveg, nexr of kin, Of cgtpgrflae or fiduciar.y successo$.
(b) "insured claimirnl': {tl in$ursd claiming loss 0l ddfi{ge.
(c) "knovledge' ol' 'krtowlt'; Sctusl knowledge. not corlsrrucrive knowledge ol'uorice whish rnay be impureri rr: an irlsured by r.eoson
of rlte public rccofds as 'defilred ill this polic;r or aly odler recofdg whiclt i{nltrrr coflstfuclive notice ot' nraners atfecring rhe lanrl.
(d) "lund"; fic land desctibed ot'r'eferrerl to in Schedule A. nnd irnprovemenrs aftlxed rherern which by law consrirute retrt properry,
The cet'nt "land' does ltol irtclude any properry beyortd rlta lines of urs ar€a described or.ret'erred ro in Schedule A, nor srly fighr, tide,
intBtesi eslfitd or ea$cmBnr in nburting sueeF, t.osds, tvenues. ulleys, lanes, wnys or lv8terways, bur nofting het'ein $hall modity or limir
thi cxr€nr ro which a rig,lrr of access Io arld fi-om rfie land is insured by rnis policy.
(e) 'ntorwage': grorigage. deed of rrust, rrusr deed, or olllet' securily inslrumeflL
(0 "public recotdi'l lecords e$ubli5hed under S1gte stA res &t Drte of POliCy for the purpose of iflparting Construc.rive norice 6f
rnlter$ rclaring to rcal irropeny ro purche$ers fot value .lnd r+ithout knowledgc. wirh respecr ro Sectioil I($) (iv) ofrhc Erclusions From
Coverggc. "public recorrds" shall also iuclude eivir0t1fi+n$l profecdon lieil tiled in the records of rhe cierk of the Unired Srares disrricr
couru for rhe disrrict in rvlrich lhe land is locered.
(g) "unmarkenbility ot'rlre drle": en alleged 0t slfjtsrent rttt$er afficring the tide ro the land, nor excludeil ot exsrptrjd fronr coverage,
which would sntid! n pJrchaser of dre esste 0r in(et'g$r desgrihed i{ Schedule A ro be released riom dle obligerion ro purchnse bl. virui of
I eonfnctual condirion fpquiriug rhe dglivery of ftarkelsble ride,r. coNT!\uATroN pr INSURANCE AFIER COTWEYANCE Otr TITLE.
Thc covemge of this policy shall 69ndau9 in force ssof D*te 0f policy in fsvorofsn insured only so long arrhe insurcrJ rerains.:rn
estare 0r inletBs! itl lhelland, ol holds an indebredness secured by a purchasE money mortgage given by r purchitser from rhe insured,
Or Only so l0ng as rhe insured Shrll hgve ligbiliry by rerson of covenonr of wtrrtnty made by the insured iq any rrqngt'er Or conreyrnce
of rhe estare 0r in[el'es!. This policy shnll nor conrinue in force in favor oflny purclraser from $e in$ufed of either (i) ln rrstlte or huerest
ir\ dle larld. or (ii) an indeblctlness secured by a purclrase ntoney morigage given e rlle iusured.
3, NOTICE OF CL.I,IM TO BE GI1IEN BY INSURED CLAIT{ANT.
The insurcd shall rirotitV fie Company promprly in writiog (i) irr case of erly liriprion ss s* lbrrh in Sccrion .1(u) brtlo*'. (ii) in clse
lclowlcdgs $hall coma tb an insurcd hereuurlet 0f any clsim of ride or inr€resr vhich is sdverse ro the tidc co rhe estar,e or rnreresr. as
insured, and which migfrt cnuse loss 0r damage for which re Compeny fliy bi li3ble hy virrue odthis policy, or (iii) if ritte ro the esrare
or interesl, os in5urec, i5 rejected as urlrrarkerrble. Ifpfotnpt norice $hall 0or be givcn r,o tlte Company, then as to the insured all tiabiliry
of the Compeny shsll tDrminare widr telsrd to rhe Inglter of fisners tbr rr'hich prompt notice is required; providedr lro$ever, rhat faiture
m il0tify dle Compuny rshall in no case prejudice the rights of any insured under rhis policy unlEss rhe Comprly shatl he prejudiqed hy
the failure and then 0nlyi ro dle exrenr qf the prejudice-
{. DEI.ENSE AND PROSECI/"fION OF ACTIONS; DUfi' OF INSURED CLAIMANT TO COOPERAfE.
(a) Upon wrirten request by the in:ured and subject o the options connined in Sectirrn 6 ct rhese Condiriorts a[d Sripularions. rhe
Compuny, at iIE o\Yn cost and without unreasonaue del4y, shalt provide lbr rhe defetse ofarr insured in lirigatiorr in *hich ant rhird prr(y
nsscrlE a claim adversl t0 the thle or illlercsr as insured, but onl], ar to drose sraterl couses 0f agion all+girrg * <lefecl. li+rt or
encttmbmlce or other m,auer iruured againsr by dris policy. The Conrpany shall have dre tighr ro selecc counsel oFirs choice (suhjccr to rh+
right oflhe insured to object for reasonable cause) to represenr rhe in.qurcd as r0 rhose srarcrl causes oflclion rnd sh!ll nor lre ligble r:lf {fld
will nor Ptry re fbes of any orher coulsel. The Company rvill nor pay any tbes. co,sr.{ nr dxFd srs ittcurred hy rhe irrfured irl rhe ditiru:c r}t'
thos€ cnuscs of actiou which lllegc nlo.trcfli tlor illsur'cd !g0il)$r by thi.c policy.
(b1TlreCourpalry|.hnIlhou,thdfighI.ittiL\0wic0st'k)instiruIellldpfosccu!eunyi|cIi0n
iniuopilt|rtnnll}'tletlcceFsIr0rdcsirblct(1clitahlishIl)etitle!0
I0 dle irr$ur€d' Thc cornpuny muy rnke uny rppmpli:rre acrion unrlcr dre rerms of rhis policy, rvhs rer or nor it :lull be liable licreunrler.
and ihall uar rherehy corlcede lialrilit!'r)f w{rivc itry provision of rhis policy. If rhd Company shnll crercise irs rights under rhis prngrrph. ir
sltall do so diligcnrly.
I
(c) W5gn.t.t rlre fomparry slrall itcve brought rn tcrionor inrerposecl *defensc as required or permitred by *re pmvisions of riris
Policy' dte Cornpeoy may pur$se *ny ligigtrion ro final deffrrminffiion by a coun of comperenr jurisdicrion and expressly reserves rhe right,
in its sole discrerion. lo appeal frorn rny lrtveNe jsdEmcnt or order.
(d) In all cases i{hfre lhis policy pernlirs or requiret lhe Cornpany o proseclrre or provide for the dcfensc ofany acrion or proceed-
ing' dte iruured shdll secute ro dc Comp*ny lhe right to $o protecute or provide defense in rhc action or procceding, ancl atl rppeals
therein, an permit dre f,ompany ro use. t! i$ oprion, rhe flal',le ofrhe irlsured fOr rhis purposc, \{l+never requescd by thc Company, ne
insurerl. lt the Compmy''s cxpense. shall give rhc Cr:mpany all ressornble nid (i) in *ny lcri0rt or proceedi g, securing ev;ddnce, obrainiog
wilnc$$es. proiccuting or dcilndinE the aciion or procerding, or effecring serdeflefit, arld (ii) in any o$er lawfll 0c! which in dre opirrio|r
df dl+ Conlttlny mEy bcltecsscry or desirable m esrablish &€ rirle to rhe esrare or inrerest as insured. If the Compnny is prejudiced by dre
fsilurc of llte insured r{ furnish gre requirer! qqgfglsrion, rIe Company's obtigarions ro the insured under he poticy shau rerminare.
ineluding any liabitity or obligarion ro derend. progecule, qr conrinue any lirigadon. rvih regard to tlra matrcr or mauers requiring sueh
coop*r iotl, i
DEC. 15 . 1397 1e: 36Pt'1 sJnr rrrLE uArL t'to. 13b F. 5
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9. I,trVfiTAfi ON Of LIABIJrTY.
(a) ff the compaly ostrblisltcs tle tide, or unoves the alle8dd defecr, licn or incrmrbrirnce, 0r oures rhe leok of a right of nccess 16 or frcm dre land, or curc$ thccIairnofuEnx*cHbiliryofriic.eI1gsin5uEd,inareasonebtyditlgef$'Julerbyanyuredrod,inc|utllrtgliti8ftionAndtho
tuvo
{1.111fonned
iu obli8aitlts viur ftspcsl6 ftftr sltspr end shrll r0r belilble for any loss or damage caused rbcreby.(b)IuueevoDtof[nylitigation,including.1idgadonbyfecohP1ny;rwi*'thcconrpr.ny.sconse[qllrocotnPsnysblthive
thore lras bcun a finsl dotenniruition try e coun oiiorop"tenrjur;sdi"riou, aad di$posiriotj of dl appesls rhercfrcm. rdvcrse ro &e ritlc as i'surd..(c)TheConrpanysba'l|riptbeliEblcfortotlordam0gn!onnyin$urcdf0t,li'biliryvolu"nt*ri|ynssiuedb;,rlrehsu!EdjrrsenIing
writcn consent of rhe Compalj,
I0. REDUCTION OF
'NSUIT*,VCE;
REIIUCTION OA, TEnMtrtATION OF LIADILITV.
All Plymtuih utdor tus $oliqy. €xcBPt PBymertls mf,d€ for cos$, auomey$' fcos aad expcnses, ehall rcduce dte smorru of de insur ce prs nnm,rr, rJ$ILITY Notrcurvrwatrrry.
.'.':lu.*o'.T''urr<tetsoocirhattIreanrountofinrunuceurdorfspollcyslMubt!Edr4edbysIy4[loMttbEcompany'huyFa),ull0 which exception is takr'n in ischedDle B 0r to which the in ltd hss r8rsEd, ersumsd, or tsh'n subjecr, * "lri.h;i";i;**"* t, nn i'sulrd aud u,lrich is ric\rrge or licn qn dre csute or itrcresr describcd or referrcd to in schodute A, ad the ounr 6o pairt sh[ll be <leemed s pny$gtrq urdor lis poiicy to &e irured owner.r.:I. P{YI'{ENT OF LOSS.
(a)NoPrynentslrl|1behsde.*ifoutp'od!ring&i$policyf0rendoIseneiloffepryfcruDIessthePol.icyIas
0t dcsqscdon BhaTl be furnisilE{iito rhs satisfacrion of gre CornFsny,
'(b)whgnliabilityaDdIhcii!e!toflo$$ordamirgehasl*rndef|niretyfrrerliD[cc0denccvidrde!Acondio$6endStipulaonl'
virl r 30 days drercRfrer. i
13. SIISROOATION UPON P,AI}MNT OR SBITLEMENT,
(r) The Conpany,s lugh{ of Subroguuon
^,..-]]'o'',uu.*oCornparryeliallhaveictrlcdrlpAidac|dmunderrhirP6|icy.allrightqtsubr0g4tiou.5halive.stinfecolp*Dyunafececrsmatrr. i
tn..OlTnlY sball be qubrog$ed ro rlld bs iotittcd !o all riAhiE ind JtInddics which thE inr.ruEd Etairnanr would hav: had ageinsr any pedon ar p(opefiy inr95p€cttodloclaihhAddrirpolicynoIbeinis9urd'Ifrt{g$tedbythEiompuny,triiusu.t*lclaimaaEsball$au5fert,JtlrcCompanyIrtlri9$4rncd
pe$onorpFp€rtyne+essaryiniotdcrtopcrfbct6isrigluofsuurogition'Tlrejnsurdd,ltiq11g165311..''i'1necofPtnyrosue,eofpronise
iruutsd cldmaut ud to usa dre nlmu of dre iffursd Elaimar. in anytnn$rction or lirigation irrvolving rliese hghrs or rernediu*.Ifa payracnt on a.ccount df a ctrrirn Coes not fully cover Uc loss of rhc i*u-rat
"lri'nong
-,to
Compaly sheil bo subrogs[cd io dlese rights tuid !€fiediEs in leproportion which e Cornpauy'eip"yment bc{Is .o &e whel€ allourtt efrhE Ioss.
'Iflosss[otrldrcsultfmmanyacIofq19Ir$uredcln[uanqe5BKEdab6ve,fhtacl8hE|lnorvoidrhirpolicy,butth9co'tPeny.intharevont,6heIlbeteqiGd@payod}tarpanofErrytoscesinsurdd*grilslbythispo1ioywhiclrsIuIlarr'cpt|tbeamount,ifnny'lo$todeConpaqvbyrelrsonofeimp$irm0[IDy
of dro Compeny's right of suUrolbdon,
fr) Tbr crrmpory's $ghtl Af,al|lsr won-irsured obligors
T[eco'npr'r'frlghtcf5ubmehionaBgift-rn.insiJrrr'obligoItEhrllexisrmds1iaIlirrciudc.wir1rouilimintion,
otherpo|iciesofinrunnceorborids.foMthsEndiAg4'ytcrdsoroo!'dirion$conraiuedinthoseinsHrmqiswnichFrovidefo'subra8r
14. ARBIT.AiION
:
UnlestprohibirdbyappIictbhlew.6iIhfd1ecofpNnyordrelr,+\rrEdruaydrrn*ndatbiirsrionpufuefBdl9TirleIrr.ruranceA'bit8rjonRxles0ftlrcAn1B!icl
ArbitadonAsrociltion.Arbitr$i'lqmifefsmsyinclude,bUrenottimiIe.lto'enycontrover$yorolalnrbc$eeutheCompatrrrrtlt!tcjnsut
torlritpoliey'my!cfyicdof]hcQoElprrnyL,tooonecdonwithiqirsuauceorthcDreachofapoIicyprovisiouorotlrcroI'ligadon.AllarbiEAb
ofInsunnceir$t,000,000orIeseshnllbe#bitrateda!lhiopti0DofcitlrerdrcCbmparry'o,ui*u*a..ltlaruitrauten**crswllen1eAu1ouIl[
of$1'000.000shallbearbiuared|onlywIrenagridrobyborfithecot!pr'yrlldgrein$uIec,Arbitrationpursul'nttodrispolIcyanduntIertlrcRulesiefoct0'dl0daB
dlc demand for artitr*tion is mr'hc q1, at ihe oDfi0a of thq inrnred. fie Rules h effecr arDrr' ofpolicy llrall be linding uporr $c FRnies, The {ward may urludcrnonievs'foesoalrifrtrelewsoithesrateiu'*i.r.u"o*i,io"rrwdpcr,rrit"gountosw8rdatorng}s,feeslo0PrgvhiIi[gPnr9.JudgmerrIupon[liefwtfl'DdEl1d
by th6 Arbiriror(!) ruay be EntgTEF ia any gourt h{ving J,urisrticrion $erEof. rs rr ' "rug!"'
The law qf 6e situE of rbe ldld shqll f,pply ri an artiurdon under rhe Tide Insurs,ncd ArbirrArisn RulEs.A copy of fie Rulcs may belobEined fro* rlro Comprny upoa reque$,
15. .LIA3U.IFY LII\,,NTED TO {ffiS POLICY; FOLICY ilIIRE iOIrNO,Cr.
(a)Tltispolicytogetherwit$allc'do'5eMents.ifilv.atnchcd[eretobytbEcomp{nyi€theedrircp{)|iayandEonrr6.ctDeE*ednfcinsure{taud
iaterprAing iny provision of Uris dctici,, this policy Shall bE con$rucd as a wbol6,
(b) Any claim of tosr or dnnlage, lvhofrer or npt bnse{, on nEgligenco, and whiclr sri6ei out of fii EtrrJs of te dtla ro ire esme or illterest coycrud h€relry or by Bnyaodon asseni4g suclr cleim, slnll be rcsnicred t6 dir policy.
(c) No amendmonr ofor crtdorsernent h ois poliEy car bs nsdrE except by a wrftil4 cudorse<I hefton or rEtched horcro sign€d by eifier d|c p&5idenr. a viacPresicsnr,
'. Scorsary, en tusisieff se"rEhry., o, uJidaring ollicdr or eurhori?.d sigualory of fte C6qpr'y.If, ffiIIERAf,TLITY
.ilt}rccr,entenyprouisionodfrepolicyir}eldinvdirloruuftforctqbleuncIer*pp|iorblei0w,th':potlcy$halIb€deemEdnortoincltredlnrploprovition$ shall lelnarn in full fono aurl effac,i.
17. NOTICT*S, WHERE SE}TT. i
All aodccr reqrrired ro be gi{en 6c c0xrpeny End $' sbtffnont iu wnung required to bc funirhed 6c cornpiury shall inslude rhe nunrber of thh policy nud slullbs addiested ro rha Company ar F.b. lor Z0?9, g6ufito\, Tex$ nZS2€019,: *#"YffiT"tr#f""
AGREEMENT REGAFDING
DECLARATION OF RESTRICTIVB COVENANTS
THIS AGREEMENT REGARDTNG DECLARATION OF RESTRICTIVE COVB-
NANTS is nade and entered into this _ day of May, 1986, by and
between David K . Irish whose legal address is P . O , Box 2294,
Vail, Colorado 81658, and H K C Lirnited Partnership, whose legal
address is 227 WaII Street, Vail, Colorado 81657 ("Declarants"),
and the Town of Vail, a Colorado municipal corporation.
WHEREAS, David K. Irish and H K C Limited Partnership are
the owners of the fol-l-owing described real property (the "Froper*ty") situate in the County of Eagle and State of Colorado, towit:
A part of Lot C, Block 5*C, VAIL VfLLAGET FIRST FIL-
ING, County of EagLe, State of Colorado, more partic-
ularly described as follows:Comrnencing at the
Northeast corner of Lot B, said Block 5-C; thence
Westerly along the Northerly line of said Lot B, be-
ing on a curve to the left having a radius of 582.79
feetr a central angle of O8 degrees 03 minutes O6 se-
condsr an arc distance of 86.48 feet; thence South 10
degrees 30 minutes 16 seconds East' 134.00 feet to
the true point of beginning; thence continulng along
the aforesaid course 36.00 feet; thence North ?9 de-grees 29 minutes 44 seconds East , 44,00 feet; thence
North 10 degrees 30 minutes 16 seconds West, 42.O0
feet; thence South 79 degreeg 29 minutes 44 seconds
West, 4.00 feet; thence South 10 degrees 30 minutes
16 seconds East, S.00 feet; thence South 79 degrees
29 minutes 44 seconds West, 40.00 feet to the true
point of beginning, Town of Vai1, County of Eag1e,
State of Colorado also known as 225 Wal1 Street,
Vail", Colorado 81657.
WHEREAS, the Declarants wish to demolish
building Located upon the aforesaid Property; and
WHEREAS, the Declarants wish to construct a
upon the Property; and
the existing
new buildincl
WHEREAS, the Deelsrants wish to construct a certain exteri-or building waII (the "WaIl") which will comprise the west sideof the new building; and
WHEREAS, the Declarants wish to construct the Wall in such
a manner that its construction will not comply with the require-
ments of the Uniform Building Code as adopted by the Town of
VaiI, in that it will not be a four-hour fire-rated r+a11 on ac-
count of the inclusion of certain windows in the Wa1I; and
WHEREAS, the Town of VaiI is willing to consent to suchconstruction so long as the Declarants publish and declare cer-
-1-
tain terms, covena' I conditions, "r."*".ra"f trictions, uses,reservations, linitations and obligations, all of which shall be
deemed to run with the Property deseribed above;
NOW, THEREFORE, The Town of Vail hereby aElrees to a1lowthe Declarants to construct the WaII, such that the Wall is not afour-hour fire-rated Wall due to the inclusion of eertain windowsin the WaII and Declarants do hereby agree to publish and declarethe followinEl terms, covenants, conditions, easements, restric-tions r uses, reservations, limitations and obligations whichshall be deened to run with the Property described above, shallbe a burden and a benefit to the Declarants, or any nf then,their personal representatives r heirs, successors snd assiglns andany person acquiring or owning any interest in the Property and
any improvements built thereupon, their grantees, personal repre-
sentatives, heirs, successors and assigns.
1. Restrictive Covenants. Declarants hereby agree that
in the event that Lodge Properties, Inc., shall desire to develop
its property to the fullest extent pernitted by applicable zoning
and building laws and regulations up to the eommon boundary be-
tween the Lodge property and the HKC property, Declarants aElree
to nodify the Wal] sueh that it is brought into compliance with
the provisions of the Uniform Building Code as it exists on the
date of execution hereof.
2. Covenants Running With Land. These terns, condi-
tionsr reservati,ons, restrictions and covenants shall at alI
times be construed as a covenant running with the land and may be
revoked only by the recording of an instrument duly executed and
acknowledged by all of the owners of record of the duplex units.
3. Notice. Declarants shal-1 register their rlailing ad-dresses with the Town of Vail and aLL notices or demands intendedto be served upon Declarants sha-Ll be sent by certified mailr r€-turn receipt requested, addressed in the name of that Declarant
at such registered mailing address. In the alternative, notices
may be delivered personally to either or both Declarants, if in
writing.
4. Enforcement and Remedies.
(a)Each provision of thi.s Agreement shaLl be en-forceable by the Town of Vail, by a proceedinEl for a prohibitive
or nandatory injunction or by a suit or action to recover dan-
ages. If court proceedin€ls are instituted in eonneetion with therights of enforcenent and remedies provided for in this agree-ment, the prevailing party shall be entitled to recover his orits costs and expenses in connecti"on therewith, ineluding itsreasonably incurred attorneyst fees.
(b) The parties hereby aEirees that any and alltions in law or in equity which are instituted to enforceprovision hereunder shall be brougiht only in the courts infor the County of Eagle in the State of Colorado.
ac*
any
and
-2-
^ 'orce r.r" nfiron* of this A-(c) lilure to enf
glreement shall not operate as a waiver of any such provision, the
right to enforce such provision thereafter, or of any other pro-
vision of this agreement.
5. Successors and AssiEins. Except as otherwise provided
herein, this Agreement shall be bindlng upon and shall- inure to
the benefit of Declarants and each owner and the he j.rs, personal
representatives, successors and assigns of each.
6. Severability. Invalidity or unenforceability of any
provision of this Agreement in whole or in part shall not effect
the validity or enforceability of any other provision or any va-
lid and enforceable part of a provision of this agreement.
7 . Captions. The captions and headings in this instru-
rnent are for convenient reference only, and shall not be consi-
dered in construing any provisions of the Decfaration.
8 . Construction. When necessary for proper construc-
tion, the masculine of any word used in this agreement shall j.n-
clude the feminine or neuter gender, and the singular the plural
and vice versa.
IN WITNESS WHEREOF,
this Agreement Regarding
this _ day of May, 1986
Declarants have caused the execution of
)ecl-aration of Restrictive Covenants,
THE TOWN OF VAIL,
rado Municipal
a Colo-
corporation
Pamela Brandmeyer
Town Clerk
H K C LIMITED PARTNERSHIP
David K. Irish
GeneraL Partner
David K. frish
Individually
By:By:
Paul Johnston
Mayor
Attest:
-3-
Subscribed and aworn to before me this _ day of May,1986r by Paul Johnston, Mayor, of the Town of Vail, a CoJ.oradoMunicipal corporation.
Witness my hand and official seal . My commission expires:
Notsry Publi-e
Address
STATE OF COLORADO
COUNTY OF EAGLE
STATE OF COLORADO
COUNTY OF EAGLE
ss,
sg.
Subscribed and sworn to before me this _ day of May,1986, by David K. Irish, as General Partner of H K C LinitedPartnership and individually.
Witness my hand and official sea.L. My eommission expires:
Notary Publ-ic
Address
-4-
PRESENT
To-t-EFTner
Diana Donovan
Bryan Hobbs
Pam Hopkins
Duane Piper
Sid Schultz
Jim Viele
meeting was called to
meetings of January 27
construc
PLANNING AND ENVIRONMENTAL COMMISSION
February 24, 1986
storv bu
lntn o 0n un 0n Lot B
canE:ong Kon e a rtne rs
STAFF PRESENT
Peter Patten
Tom Braun
Kristan Pritz
Rick Pylman
Betsy Rosolack
order by the chairman, Duane Piper. The mjnutes of
and March 10 were approved with corrections.
uest for a terior alteration of the Cafe 'i n order to
The
the
1.
rmi t
ock 5-C
er t0
St
Rick Pylman explained the request. He stated that the redevelopment proposal
.i ncluded a 3,000 square foot freestand'i ng, two story building. He reviewed the
Urban Design Considerations and said that the staff recommended approval . Craig
Snowdon, architect for the project, showed f1 oor p1ans, s.i te plans'andelevations. He said that the snow removal from the patio wouid take place
toward the west, not toward Founders plaza.
Snowdon then told the commissioners that he had been meeting with the owner ofunjt 309 in the Lazier Arcade, Mr. Bleckner, and made some alterations in thedesign that had been presented to staff. His firm found that they could lowerthe peak 30" in order to get the peak below Mr. Bleckner's deck ri:t:ng and alsocould drop the perimeter .|8". This would improve the sun/shade wjth the resultthat there would be no shade on Vendetta's deck and no shade on the stairs untilthe late afternoon.
Snowdon stated that he found that the restaurant would not have the use of the
a11ey north of the building nor would they have access to the trash dumpster ofthe Lazier building. This would eliminate the door that had been proposed to
access the staircase. He proposed to solve the problem by locating the door onthe southeast corner and putting trash containers jn a covered arei near theplanters on the east side of the building, with daily pick up. He proposed alsoto keep the access to the alleyway open for the Lazier building and build a wallto match the Hong Kong exterior with a gate to cover the a11ey.
James Fallin, representing Mr. Bleckner, sated that his client did haveobjections to the design as it was originally proposed, but that the changeswere amendable to Mr. Bleckner. He wished to make the changes a part of iheconditional use request as follows:
1. The top of the skylight would be no higher than 6" below the railing ofthe deck of unit #309. (The railjng ii 25,,above hlall Street.)
2. The top of the major roof line no more than 6" above floor level of Unit
309.
3. The top of the spokes in the sky'l ight no more than lg" above floor levelof Unit 309.
4- The exhaust hood fans will be located on the southwest corner and
screened from view of unit 309.
5. Al I skyl ights shai I be bronze tint and inoperable.
6. No exit shall be located on the north side of the bui|ding on the 2nd
fl oor.
7. All mechanical eguipment placed on the roof shall be hidden from view
fron Unit 309.
8. Skylights on the north half of the building shall be shaded at night and
shall be made of dark material .
9. No direct up light shall be used on the second floor.
10. The fireplace flue on the top shal1 be no wider than 18".
Brian 0'Re'i 11y spoke for the appficant and listed some agreements the applicant
had w'i th Robert Lazier. Bob Laz'i er stated that the applicant came to him and
showed him the proposed building. He had not known the trash plan before that
time, and felt that the proposed solution of the Hong Kong using the Lazier
Arcade Buildin9's trash dumpster was unacceptable. He also did not want an
access between the two build.i ngs because he wanted thjs to be a buffer and for
fl exi bi I i ty for future constructi on .
Steve Simonett, manager of One Vail Place, said that the Owners of One Vail
Place were concerned about the construction to be taking place at the Hong Kong
and at the Plaza Building. Their intention was to redo the paver bricks on
their property in the spring and did not want to allow access for construct'i on
trucks or vehicles in the area between One Vail Place and Vail Ski Rentals.
Snowdon said that he did not foresee using this access, but would access from
the al 1ey or from l,lalI Street.
Bryan Hobbs liked the building, but was concerned about the a1 leyway and what
would be constructed in front of it. Snowdon replied that at present there was
a blank wall. The al 1ey would be torn up during construct'i on, and afterward a
wall could be constructed to match the building materjal of the Hong Kong and
that'i t would be at least 6 feet high and would tie into the Lazier Arcade.
Hobbs asked wondered if the Town had any problem with a lease agreement with the
Hong Kong and Snowdon replied that the Council had heard the request in early
January. Patten added that requests in both villages are common forof use, and that the Town would allow encroachment onto Town properry
decks, but not for structures. It was usually done in a lease.
Tom Bri ner had no problem with the a1 'l ey, but was concerned about theof the trash. He suggested using a compactor or perhaps putting the
the west side,
th is type
for dining
I ocat ion
trash on
Snowdon stated that he had the access problem and the need to work with theexisting patio wa1 1. He felt that he could design something to entjrely hidethe trash. viele liked the proposal and shared Bri ner's concern about thelocation of the trash. He asked about the drainage of the building and Snowdonreplied that the building would be drained to the inside and so the snow problem
on the roof would be self-contained. viele asked about a parking study, and
Pylman replied that he was planning to wait until he had received working
drawings before trying to figure out the amount of parking fee required.
Donovan agreed wjth viele and also suggested that any agreements between two
adjacent proper"ty owners was outside of the conmissioners' jurisdiction. Shealso stressed that the wall must look permanent. Snowdon replied that thiscould be handled by the DRB. Donovan was also concerned about the location oftrash, and would have liked to have seen it placed on the west side. she aiso
would have liked the length of approval shortened to two years rather than
three.
sid schultz's concerns were with the alleyway and the location of the trash.
Duane Piper agreed and stated that since the location of the trash was in effectiin llth hour decision, he would like to see further study before mak.i ng adecision. Tom Briner asked if the drawings presented to the board reflected the
changes made in response to the neighbor, and Snowdon replied that they djd
nol.
Bob Lazier stated that currently
east side without a comDactor.
be served with the new building
expressed the desire to have the
all trash from the Hong Kong came out of the
He felt that the few additional people who would
would not result in much more trash. Heproject start as soon as possible.
Dave Iri sh, one of the owners, felt that the trash dilemma could be worked out,but if there were a de1ay, there would be a late start on construction. He
suggested two alternativesr 1, screen the trash on the east side, or 2, put thetrash on the west side.
Snowdon asked Irish if he could agree to access from the west side in order toput the trash on the west side. Irish replied he could, but needed to hear from
Lazier.
After more discussion, the applicant reguested to table the request until thenext meetjng on March 10. Donovan moved and Viele seconded to table the request,ntil March 10- Th. vote w
o
z.rezone Lot 2 Block I Vai I Li head 2nd
e ram
devel 'i ti ona rooms. 5 con o0m and a
eet o c0nTerence SDACE AS
Doub cant:aL lrfners
Tom Braun showed site plans and elevations and explained the request. He saidthat the PEC action that day would be advisory only, and the final decision
would be made by the Council on March 4. Braun described the zoning analysis of
the Doubletree. The end result of the request would be a density of twice that
allowed by the underlying zoning and a parking shortage of 50 spaces. He
reminded the board that this was a request for a special development district
and that SDD's had been proposed in Vail to allow for the development of sites
that would be unable to do so under conventional zoning. Braun explained the
cri teria to be considered as stated in the memo whjch jncluded desjgn issues,
pedestrian traffic, open space and landscaping. He aiso reviewed the zoning
considerat'i ons using the underlying, HDMF zoning. Braun felt that it was
unfortunate that the Doubletree Inn was not located within the Vail Village
study area, and that a Town-wide land use plan was only jn'i ts early stages of
development and not near completion. This would have provided the staff with a
better understanding of the implications that this project may have on other
development potentials in the Va11ey. He added that the concern of the staff
was how this request related to Town-wide development issues. For example, what
would a cumulative impact have on the Frontage Road if simi'l ar requests for
additional density increases were to be allowed in thjs area?
Braun showed the setback encroachments on a site plan, and discussed height,
site coverage, Iandscaping and parking. He explained the method used to
determine the amount of parking necessary for the site. Even with a 5%
multi-use reduction and a 50% reduction for the required parking for the meeting
room space, the result was a deficit of 50 parking spaces.
The staff recommendation was for denial because of the shortage of parking and
because of the amount of increased density requested.
Jay Peterson, representing the appl icant, jntroduced several employees of the
Doubletree Hotel. Jeff 0lson and Anthony Pellechia, architects on the project,
showed site plans and answered questions. Peterson stated that both the staff
and Jeff t,|inston had expressed no problem with the design of the project. He
added that the basic parking ratio had been retained with the addition. He also
said that at present the Altitude Club was the place for locals to go and there
was no control of parking. He felt that underground parking would not jnvite
the casual user of the bar or restaurant to use it. Peterson stated that his
studies showed that 75% of hotel patrons arrive by automobi'l e and of those 75%,
757" keep their auto with them duri ng their stay, resulting in 55% of hotel
guests keeping the'i r autos. He felt that the existing project worked with its
parking even though much of the paiking was uncovered. Peterson went on to
quote the parking study that had been done in the Vi'l iage. He said that it
stated that there was a 20-70% vacancy rate in private parking lots. He added
that Doubletree guests could use the Lionshead parking structure if there were
no parking spaces left on site. Peterson also sajd that the Marrjott had 25%
fewer parking spaces and no parking problem except jn summer.
EN
nt District in or
Gary Sheluski of the Doubletree described similar Doubletree Hotels and theirparking. Peter Jamar, consultant for the Doubletree, described the EIR. Hestated that there was little data to back up the Town's parking requirements andthat the data was arbitrary. He reminded the board that there was easypedestrian access from the bus route. He repeated Jay's comments about numbersof hotel guests who keep their cars. Jay then addresied the density quest'i on bystating that the Town wants additional hotel rooms. The Vail Village study did'target certajn areas for additjonal hotel rooms. Peterson felt the site could
accommodate additional hotel rooms and the Town would need additional hotel
rooms with the Mountain Expansion P1an. Peterson pojnted out that hotels market
towns as well as their hotels.
Mike Dougherty, sales manager of the Doubletree, spoke of their need for more
rooms and the additjonal money these rooms would bling to Vail. 0ran Palmateer,spoke for the condo association in the hotel and as a representative of owner 5Dto state that they were very happy with the current owners and felt that theformer owners did a disservice to both the hotel and the Town.
Pam Hopk'ins asked what could be done about parking at a later date if it provesthat the parking is inadequate. Jerry ? of the Doubletree stated that.if theparking does prove to be inadequate it would hurt the bar and restauranteconomically. Peterson added that the overflow could go to the L.i onsheadParking structure which is usual 1y under utilized pam also asked aboutstrengthening the pedestrian link to the parking structure, and Mr. pellechja
responded that they would work hard to improve the pedestri an pathway and heexplained that the hotel would had added lighting to attract pedestpi ans fromthe west side to the west entrance. pam felt that lightjng on the path shouldbe increased as well as better maintenance was needed in the form of snowpl owi ng
Sid Schultz was concerned about the need for larger hotel rooms, and feit thatthe rooms proposed might be too small. Mr. Pellechia explained that this sizewas felt adequate for a conference focus. He felt that how the room wasfurnished and planned was more important than size. Donolfn asked toward whichgroup was the hotel marketing and was told corporate groups. Donovan felt thatthe Town of vaiI should get some trade-offs for granting such additionaldensity, something broader than landscaping, someihing that would benefit the
whole Town. she added that though the hotel stated they would have adeguateparking, the ice arena did not have any, nor did the library, and all were to bedependent upon the Lionshead Parking Structure which would eventually not haveany more room. She did not like the encroachment onto the strean tract. Donovanasked if the Doubletree had been asked to give access from their property to thehospital and was told that Doubletree was willing to dedicate an easement overtheir property to the hospital site.
Tom Braun pointed out that the parking survey was only for three days and was
done on Presidents'weekend which was not as busy as had been anticipated. Hereminded the board that thjs was not an exhaustive study. Braun also statedthat the Doubletree was advertising in Denver and ryas attracting the front rangeskiers_nearly all of whom dri ve their autos. Brauffiointed out that when themountain expansion was fin'i shed, there would be a shortage of 600 parking spacesin the Village and 200 in Lionshead and felt that the Town could not aff6rd'totake the risk of allowing projects like the Doubletree to not provjde the
parking spaces as required by the zoning code.
Briner asked the representatives of the Doubletree to explain the amount of
parking they had at other hotels they operated, and was tojd that Doubletree
operates two downtown hotels with no on-site parking and several suburban hotels
with acres of parking. Bri ner stated that he felt that some parking
requirements have proven to not be necessarV, i.e. VaiI Spa and Simba Run.
Briner felt that one problem with the density issue was that it was difficult to
have a clear perception of the impact of the density. He felt the impact of the
proposal was positive.
Patten said the staff viewed the proposai as posjiive also, but without the land
use poliicies being completed, did not know the impact of a decision to add a
lot of density and providing inadequate parking. He stressed that the decisionto increase densities in any areas of Town required extensive study and public
input before going forward on a property by property basis, similar to the Vail
Village Study. He also added that when the Town asked property owners if they
had parking spaces they would.l ike to 1ease, the Town heard on'ly from the
Ramshorn (who had only sold 2 units). Patten felt that the parking requirements
of the Town were valid, and that yearly there was an increase in the number of
cars coming into Town. He pointed out that reduct'i ons were already built into
the number of spaces the code required from the Doubletree (mu'l ti-use credit and
50% assessment for meeting rooms).
Pam Hopkins asked if it would be possible to ask the Doubletree to put money
into a fund for parking and perhaps in five years time see if their lot and the
Lionshead lot were full, at which time they would have to use this fund for more
parking spaces.
Anthony Pellechia stated that rather than burden a project, the Town of Vail
should be flexible enough to deal with issues as they occur, rather than
speculate in advance. He felt it was unrealistjc to deal w'i th problems that
might occur five years from now without knowing what the problem was going to
be.
Peterson stated that Vail had a 20 year history of not providing enough spaces,
but that in w'i nter only 50% of the tourists drove, as opposed to a'l arger
percentage in summer when the occupancy was also less.
Pam responded that the Town did want to grow, but must look for a way to handle
future parking needs. Patten added that unfortunately the Town did not have all
of the tools in place today to plan intelligently for that growth but that we
soon would have policy guidelines for these reguests. Bryan Hobbs also liked
the project but had the same concerns regarding parking- He asked if the
parking would be controlled and Jay responded that there would be control ,
probably with a gate. Pellechia stated that they hadn't decided on the amount
of control . Braun said that with valet parking, control was needed. Peterson
felt that the lot would not be inviting being underground. Hobbs asked if the
first allotment would be to the hotel guests, then the bar/restaurant, and Jay
sajd that was correct. Hobbs stated that since the zoning pri or to the down
zoning of L977 was for 50 units/acre, he did not have a problem with density.
Donovan mentioned that there was talk of charging to use the local busesn and if
that happened, it would put the employees back'i nto their autos, requiring stilI
more parking spac€s. She also stated that historical 1y, whenever vail had a"bad" year, the Town depended on the front range skieri who drjve cars, and thatthe front range skiers were essential for vail to survive the',bad', years.
and Hobbs seco to recommen Counci I acce tance of tand the devel t plan as th
a
the reason that th
Bri ner
VE stan sa or s as outlin
co0e.
A t for an exterior alteration of the Pl
EX reta s ce and remode'l existin
condi ti ona use ermit in order to e
nq one n
Kristan Pri tz presented the request and showed a
sa
e
met the
zontn
'in order to
units and a request for
aLo soc t ales
model , site plans and
decrease the number of units
the densjty would stiiI be
Kristan then reviewed the
would be a positive impact on
enclosure, street edge, height
elevator was the one element of
the design consideratjons.She
large planter on the east side
as a decorative cover for the
Pam asked that if in 5 years the parking was not adequate, whether or not theTown could assess the property. Jay said th'i s would make the property difficultto finance. He.suggested assessing everyone a tax for parking to'equilize theburden' He reminded the board that the Sonnenalp was allowed-additional densitywith the requirement that they pay into the parking fund up front. pam
suggested advising the council to perhaps look at some way of assessing allfuture projects for a park.i ng district.
The vote was 5 in f"vor of recommendjnffi
elevations. She explained that the request wouldby 2 accommodatjon units or I dwelling unit, thatwithin.that allowed, as would the site coverage.
urban design considerations and stated that therepedestnianization, vehicular penetration, street
and service and delivery. Staff stated that thethe plan tht had negative jmpacts in respect tosaid that the staff felt that there shouid be aof the elevator to soften that elevation as well
el evator door.
Peter Patten suggested one more condition jn addition to the fjve listed in thememo: That the applicant agree to either amend the exjsting agreement or enterjnto the new agreement to void the right to a delivery/pick:up parking space onthe west side of the bujldjng in the Founders' Plaza lrea. Ti.r.i s must-be donebefore a building permit js jssued for the project.
craig snowdon, architect for the project, explained several changes, and addedthat the popcorn wagon would still be tying into the P'l aza Lodge-for util.itjesand would be able to use storage at the Pliza Lodge. Sid Schuitz *"r con."rned
w'i th the elevator tower and felt that it could be moved to the north. Hewondered if it was justified. Snowdon rep1.i ed that the owner wanted theelevator to serve his personal unit. Donovan also felt the elevator tower was anegat'ive part of the proposal as did vie1e, Hobbs, and p.i per. Briner suggesteda smaller elevator. Donovan was also concerned about the trash situation. Shequestioned if Vendetta's dumpster was really adequate to handle trash for theentire.building. Members also wanted the location of the popcorn wagonspeci fi ed.
Snowdon
seconde
asked to
o
table the
to March
i tem until March 10.moved and SchultzDonovan
in favortab le vote was 6 none a
Hopki ns aDs
4.A reouest for a conditional use rm'i t in order to cons t an addition
e e va rse c ouse. Appl icant: Va
Met tan
Peter Patten explained the request, adding that although the VMRD recognized the
need for 25 to 30 additional parking spaces to more comfortably accommodate some
of their peak demand days, the proposal at this time was to leave the parking
sjtuation as is with the exception of the addition of 8 spaces required for the
expansion. The applicants feel they can easily accommodate 8 additional spaces
without a major redesign of the parking lot. The project will be phased with
the cart storage done first.
After discussion about the parking lot and buildjng expansion, Viele moved and
A reouest to amend of VaiI Desiqn Review Guidel ine 'i ncl ude a
secEt on on Park Des cant:own of Va
Kristan Pritz presented the request- She po'inted out the changes that had been
made since the board last looked at the Park Design Guidelines. After
discussion, Brjner moved and Donovan seconded to approve the request. The vote
was 7-0 in favor.
Are ue st to ame el opment pl an of Crossroads and for setback
var ances n orqe r Eo enc e an exi sti n ecK area to add other
ou oor ni nq at Burqer cant:nowouest
Rick Pylman sa'i d that he did receive some plans from the applicant, though not
in time for this meeting, and asked that the proposal be tabled to March 10.
Viele moved and Donovan seconded to table to March 10. Ihe vote was 7-0 in
tavor 0t taD I I ng.
The meeting adjourned at 9:10 pm.
5.
b-
lr l;
Planning and Environmental Commissjon
Community Development Department
February 24, 1986
Request for an exterior alteration on a part of Lot C, glock 5-C,vail village First Filing in order to construct a freestanding twostory bui1ding. Appl icant: Hong Kong Cafe partnership
I. THE PROPOSAL
The applicant, Hong Kong Cafe partnership, is proposing a total
redevelopment of the existing Hong Kong cafe site- The existing itong
Kong cafe is located on two different properties. The dining aiea iilocated within the basement of the ldall Street Building, and the bar area'is an addition to that building, yet located on a fee iimpre 160g squarefoot parcel of land.
The redevelopment proposal entails a 3,000 square foot freestanding, twostory building located on the fee simple parcel . The building wili'consist of a sub-grade basement area for storage and accessory uses, akitchen and dining area at the existing bar level with a second story barthat will access at the Founders' Plaza level . The bar area includei anoutdoor dining patio located to the south of the proposed building,adjacent to the Founders' Plaza. This patio will encroach partiaiiy onto
Town of VaiI property. This encroachment will be handled through a lease
arrangement between the Town of Vail and the Hong Kong Cafe.
II. COMPLIANCE WITH THE PURPOSE SECTION OF THE CCI ZONE
The comnercial core I district is intended to provide sites and tomaintain the unique character of the Vail Village commercia'l area, withits mixture of.lodges and commercial establishmints in a predominintlypedestrian environment The CCI district is intended to ensure adequatelight, air, open space, and other amenities appropriate to the permitted
types of buildings and uses. The district regulations in accordance withthe vail village urban Design Guide plan and Design cons.i derationsprescribe site development standards that are intinded to ensure themaintenance and preservatjon of the tightly clustered arrangements ofbuildings fronting on pedestrianways and public greenways, ind to ensurecontinuation of the building scale and architectural qullit.i es thatdistinguish the vi11age.
This proposal is in compliance with the intent of the zoning for theCommercial Core I zone district.
TO:
FROM:
DATE:
SUBJECT:
III.
There are no sub-area concepts which relate dinectly to th.i sredevelopment proposal .
COMPLIANCE 1,,ITH THE URBAN DESICN CONSIOERATIONS FOR VAIL VILLAGE
The purposes of the comparison between the proposal and theconsjderations is to show how the new design slrengthens or detracts from
V I LLAGE
IV.
rl
the
A.
al
overal I intent of the Design Considerations.
Pedestri an izati on
Applicant: Pedestrianization js re'i nforced by the use of existing
walkways, providing design elements and 91 impses of activityprojecting at the end of established pedestrian ways. Access to
the proposal at street level (Founders Plaza) happens off the main
circulation path through Founders Plaza without interfering withits normal f1 ow, while maintaining the existing enclosure of the
Pl aza by the curvi I i near si tti ng wa1 1 . Prov'i di ng access to the
bar/restaurant from Founders Plaza also adds an actjv'ity generator
and reinforces the pedestri an nature of the P1aza, encouraging its
use more than existing conditions.
Staff: This proposal is located adjacent to two major pedestrian
areas; tllall Street, which is a main pedestrian walkway, and
Founders' P1aza, which is a major pedestrian plaza area. The staff
feels that the proposal reinforces the pedestrian experience in
both of these areas. The fenestration of the building will allow
the pedestrian on Wall Street the abjlity to view the activity
generated by the interior djnjng and bar areas. The exterior deck
accessed from Founders' Plaza wil l generate further activity thatwill complement both the Plaza area and Vendetta's patio.
B. Vehicle Penetration
Appl icant: Vehjcle penetration is unaffected by this expansion of
an existing and established use and wjlI use all establishedtraffic and access patterns.
Staff: This proposal presents no further impact upon vehicle
penetration within the Vi11age. A1 1 loading and deliveri es will
take place from established loading zones. As the use is
substant'i ally the same as is existing, trip generation is not
expected to jncrease.
C. Streetscape Framework
Applicant: Streetscape framework is reinforced by providing
activity, color and landscaping on al'l levels and faces of the
proposed expans'i on. Areas of the property which in the past have
been very unsightly and a cold visual blank in the streetscape will
be filled with activity throughout the year. Existing open space
and landscaping shalI continue to give a soft edge to the property,
However, with a backdrop of lights, color and activity of the new
proposal , new Iife and focal points will be added to the pedestrian
ways. Views into and from the restaurant/bar levels wjll add
excitement and vitality to the passing pedestrian and draw the
passerby up the walkway or through the Plaza. The slightly ra'i sed
dining patio a1 lows for views into the adjacent pedestrian ways and
takes advantage of the magnificent views and sunshine while
providing a buffer to the passerby.
Staff: The criteria related to streetscape framework states that
orr Oj
new construction should "'improve the quality of the walking
experi ence and give contjnuity to the pedestrian ways, as a
continuous system, two general types of improvements to the
adjacent wa1 kways are considered: l) open space and 'l andscaping
2) infill commercial store fronts, expansion of ex'istjng
bui 1di ngs. "
This proposal attempts to meet this criteria by maintaining the
existing pianter box on the lower west side of the hlall Street
staircase with the second level of the building cantilevered
partial 1y over the planter in order to bring the activity andvitality of the bar area closer to the pedestrian way. The staff
also agrees with the applicant that the infill of the existing
patio contri butes to the streetscape framework from both blall
Street and Founders P1aza, and that the proposed building designwill contribute more to the streetscape than the existing addition.
Street Encl osure
Appl icant: Street Enclosure is improved by providing an enclosure
to the north edge of Founders P1aza, rather than an unoccupiedhole. The expansion also provides a stepped down edge from the
three story Lazier Arcade Building and develops an enclosure to
both the east and west walkways by providing a counter to the three
story Plaza Lodge (east) and one story Lodge wing (west). This
also provides for a desirable enclosure to both walkways by
narrowing down the pedestrians' view (the canyon effect) and then
exploding the view to the Plaza and the mountain slopes.
Staff: Street enclosure is being altered by the infjll of the
existing patio area as well as by the addition of a second levei.
From the pedestrian experience on Wa1 I Street, we feel that the
proposal accentuates the "canyon effect." We feel , however, that
as a short connecting link, this is an area where that effect is
acceptable. We also feel that the proposed patio improves the
street enclosure area from the plaza area. The existing area
consists of a deep landscaped pocket and a recessed patio. The
raised patio and landscape barri er invoived in this proposal add
both definition and activity to the Founders Plaza. Street
enclosure from the Lodge walkway is also strengthened by the
removal of the existing greenhouse addition and jnfill of the
existing patio. The proposed building wi l1 provide a stronger
street enclosure from this pedestrian access into Founders Plaza.
E, Street Edge
Applicant: The street edge is reinforced by varying the facade,
creating interest and activity along the streets, walkways andplaza. The step back of the southeast corner allows for giimpses
of what is beyond without gjving the entire panorama unti1 the top
of the staircase is achieved. The creation of the patio alcove off
the main plaza provides for an activity pocket off the main
pedestrian way. The continuation of plaza materials toward the
main entry carry the street edge toward this activity generator.
Staff: The proposed building's facade, landscape treatments, and
extelior patio will improve and reinforce the street edge on both
Wall Street and the Founders Plaza. The utilization of similar
materials continuing from the walkway and plaza into the proposed
3
ol oa
patio and building reinforce street edge while ma'intaining a
distinct architectural vernacu'lar.
Buildins Heisht
Applicant: The building height is consistent with building faces
on opposite edges of the P1aza, providing a gradual step up to
adjacent buildings. The building is well below any height
requirements, and due to the sma'l I scale of the building, too large
a roof mass would be out of proportion. Stepping back the
northeast and northwest corners also soften the building edge.
F.
Staff: The height of the proposed two story building ranges from
22 to 28 feet. This variation is due to the grade changes around
and along the structure. These heights are well within limits
allowed in Commercial Core I.
G. V iews and Focal Po'i nts
Applicant: Views from the adjacent properties east and west are
unaffected due to larger (3 and 4 story) buildings on each side.
The views from the Plaza north are unchanged due to the existing
envelope of the building directly north of the expansion. The
views from the south as one approaches the building are narrowed,
but only as the stairs are approached. Prior to this point, the
Lazier Arcade Building is controlling all views. As noted in item
D, the views are reopened as the top of the stair cases are
reached, providing the expansive views of the mountain and slopes.
These views will be'impacted if future expansions as proposed on
other properties are pursued. Views from the adjacent building
(Lazier Arcade Building) will be impacted at the second level by
the expansion. However, these commercial condominiums presently
have other views to counter the loss of this exposure. The third
I evel residential condominium unit views wiil have minimal
obstruction, as the majority of the building will occur below the
existing solid balcony railing of the unit.
Staff: Vjews are affected for a pedestrian moving south on eitherilIifstreet or the Lodge wa1 kway, as well as from the second and
third floors of the Wall Street Bui1ding. Views south from hlall
Street are currently limited by the hlall Street Building. The
addition of a two story Hong Kong Cafe will further limit those
views, with the plaza and mountain views not appearing until one
reaches the top of the l.lalI Street staircase, adjacent to the Hong
Kong Cafe. The proposal produces a similar impact to the southeast
oriented view as one moves south on the Lodge walkway.
The view from the second floor condominium of the Lazier building
is seri ously impacted by the adjacent wal'l of the proposed Hong
Kong Cafe. This condominium is a commercial office space, which
somewhat offsets th'i s impact. A view analysis from the third floor
residential condomin'i um has. been submitted with this proposal .
This analysis shows l ittle impact resulting from the proposal , as
the control points appear to be a balcony railing and the peak of
the One Vai1 Place BuiIding.
Or
H.
Overal1, we feel the arch.i tect has attemptedproblems through bui lding he.i ght and design
Service a4d Delivery
Appl i cant: Serv ice and del ivery i s unchanged and is cons.i stentwith the Town Plan by us.i ng existing loading and parking zonespresently establ ished along Gore creek Drive. Emergency access isunaffected and will continue to access the property-froil the wallStreet and Lodge sjde easement.
Staff; The current utilization of this area .i s as abar,/restaurant. This proposal will not alter or impact currentservice and del ivery to th.is property. Deliveries w:tt ur"existing approved loading and parking zones. Emergency access jsnot affected or further impacted Uy inis developmeit. -
Sun,/Shade
+!Plj,!94!: Sun.and shade are taken into consideration by placingthe outdoor patio area south of the expansion. shading wiil occu,on the pedestrian staircase immed'iately east of the exiansion, asit would with any expansion above wall Street level . th.i s shaaingwould occur during the late afternoon hours. Shading of adjacentproperty patios and walkways is minimized by the profosar die tohigher (3 and 4 story) buildings directly etst and west of theprope rty.
Staff: The addition of a two story element on thissignificant shading .impact upon the l.lall Street areaafternoon hours- The March/September 4:00 pm diagramminor shade encroachment upon Vendetta,s patio, indshading of the Wall Street staircase.
In.analyz'ing this diagram, it appears that lower.i ng the buildingheight by I to 2 feet or removing the eastern parapet wall wouldel imi nate the shadi ng of vendetti's pati o. There wout d sti i t ueconsiderable shading upon the l'|a'l I Street stairs, but as a shorttransition area, we feel that thjs js acceptable.
The impact to the Lodge wa.l kway will occur .i n the early morninghours. The March/September g:d0 am analysis shows an iddjtjonat qOfeet of_shading, thus rengthening the shlaing caused uv itre wattStreet Building.
Any development of this parcel wir create sun/shade impacts tothis area and we feel that the proposed building J.iis;"i.--sensi ti ve to thi s .i ssue.
I.
l;
to mitigate these view
control .
parcel has
'i n the late
details a
a compl ete
ol ot
V. ZONiNG CONSIDERATIONS
Proj ect Stat'i sti cs
Lot Size: '1608 sq ft
Site Coverage: 90% - Thjs is over the al'l owable maximum of 80% site
coverage within Commercial Core I but is not a change
from the existing site coverage. Staff feels that due
to the existing situation, no variance is necessary.
Building Square Footage: Approximately 3,080 sq ft
Parking: Park'i ng requirement will be determined at building permit.
Parking fees will be assessed and paid into the parking fund.
VI. STAFF RECOMMENDATION
Staff recommends approval . Although this proposal presents impacts upon
the view and sun,/shade criteria of the guidel ines, we recognize that any
redevelopment of this sjte will create some impacts. hle feel the design
of the building reflects a serious attempt at meeting the design
guideline criteria and minimizing impacts.
hle feel that the bar and patio located at the Founders Plaza level will
add positively to the activity of the Plaza and that the infill
contributes to the pedestri an experience on l,lall Street.
The Community Development Department staff would respectfu'l 1y request the
fol'l owing conditions be placed on thjs project, should it be approved:
l. That the applicant not remonstrate against any special improvement
district if and when it should be formed for Vai1 Vi1'lage.
?. That a three year limit be placed on the approval of this proposal .
3. That a lease agreement be formalized with the Town of Vail for use
of the patio area located on Town of Vail property. This lease
agreement may reflect any increased snow removal costs incurred by
the Town of Vail.
TO:
FROM:
DATE:
SUBJ ECT:
I.
lr lr
Planning and Envjronmental Commission
Community Development Department
March 10, 1986
Request for an exterior alteratjon on part of Lot C, Block 5C,vail village 1st Filing, in order to construct a free standing twostory bu'i 1ding. Appl icant: Hong Kong Cafe partnership
I NTRODUCTION
The exterior alteration application for the Hong Kong Cafe wasoriginally heard by the Planning and Environmenial c6mmission onFebruary 24, .|986. During discussion of the proposal , three signifj cantissues were raised. Those issues are:
1- The aesthetic treatment of the a1 1ey way that will be created
between the Hong Kong build.i ng and the Laz.i er l,'lall Street
bu'i ldi ng.
2. Location of trash facjljties for the Hong Kong cafe.
3- concern over enforcement of conditions requested by the owner ofthe third floor condominium in the Lazier ln|all street buildinq.
Fo1'l owing discussion of these issues, the applicant requested the plann.i ng andEnvironmental commission table this proposal until the March lOth meeting-ui
-
which time the applicant felt he would be better able to discuss these issues.
II. APPLICANT'S RESPONSE TO ISSUES
{Y/
Al I ey Treatment
The applicant has submitted drawings that indicate a six foot highfence with gate will be constructed from the Hong Kong building iothe-Lazier Building in order to enclose the al1e! wayl Th.i s fencewill be constructed of the same siding material as tire proposed
Hong Kong cafe and will jnclude a gate for access into the a11ey
way.
Trash Faciljty
several alternatives for placement and handling of the trashfacj l i ty were di scussed i n the prevj ous pl anni ig commj ssi onmeeti ng. severa l of those al ternati ves i nvol vei re l i ance uponutilization of Lazier property and/or easements. The applicanr,upon studying the situation, has decided it would be besi to keeptrash faciIities completely independent of rel iance upon otherproperties. The appljcant is proposing to .i nstall a trashcompactor and trash storage room in the basement level of theproposed Hong Kong cafe bui1ding. The trash removar company wil ltake the trash directly from this room. No other exterior iror"g.is involved in this proposal. This proposal , if built to prop"r"
R
rl .)
standards, has been reviewed and approved by the Env.i ronmental
Health Department. The applicant has contacted the trash company
and has jndicated to us that removal on an every other day basiswill be satisfactory to meet thejr needs.
Hong Kong Cafe Partnership
At the February 24th meetjng, an attorney for Mr. Edward 81 eckner,the owner of Units 308 and 309, residential condomin.i ums in the
Lazier Arcade building, requested that the Planning and
Environmental Commissjon place several conditjons upon the
approval of the Hong Kong Cafe Partnership. Although the Hong
Kong Cafe Partnership had agreed to these condjtjons, Planning
Commissjon felt uncomfortable in being placed in the position of
enforcement. The attorneys for both parties have drawn up a
contractual agreement detailing these condjtions. This contract
has been reviewed by the Town Attorney.
Exterior Buildjng Modifications Related to These Issues
In order to comply with the contractual agreement with the ownerof units 308/309 Lazier Arcade, the building height and sky lights
have been slightly lowered. This change is reflected on
re-submtted elevations. 41 1 ingress/egress points have been
eliminated from the Lazjer a1 1ey. All access points are located
on HKC property, on the south elevation at the plaza level and on
the northeast corner of the lower dining 1eve1 . The north
elevation of the building, for a length of 16 feet'starting at the
northeast corner, has been pu11ed back 8 inches to accommodate anyfuture stairway that may be proposed for the Laz'ier a1 1ey.
STAFF RECOMMENDATION
Staff feels that the issues discussed'i n the February 24th meeting have
been adequately addressed and recommend approval for the exterior
alteratjons of the Hong Kong cafe as submitted and modified. Staff
would at this point defer to the staff recommendation and requested
conditions outlined in the PEC memo dated February 24, 1986.
D.
III.
I
;
JRN 22 ',e8 13:41 r* rff*r*r,rErNsHrENK 3AJ 62e ?6tA ro
ffor*""re?B4
p.az/@.
Weinehienk & Dason, P.C. Awmcyt at lal
370 Sarnccndr $acct
Itqrblc Phzr . Suia 2600
Ehgvtr . C-olrrdo 80202-5626
tlcpbooe 10l/825-0800
!-rt*inrile fitl62L76l}
E-Meil: Bc.rcnhom I Oeol,cnn
Jqnr:r L f,.urlz-llrclun
Di$ct Did 103/592-8121
Iauury 22,IWB
fiprfr vrA rAcsr||[Ir.R
George Ruther - Town Planner
Town ofVail
Vail, Colorado
Re: Dcnsitv Variance
cc:
Dear Mr. Ruflnr:
As you know, this firm represents tbe owner of Units 308 and 309 in sc Lazier-A,rcade
Condomiuiuns in Vail, which Units atc imrnediatcly adjacent to tlrc properry for which the above-
dcscribcd deruity variarrce has been requested. Wc are aqnre tlrat the dcnsity variance request has
been tabled umil Jauuary 26, 1998, for failure to providc noticc to certain adjaceru property owncrs.
I spoke with my clicut this morniqg who has spoleu with the onners of all but one of thc
residcntial condominium units in lhc Lazier-Arcade Condominium Building. None of ttoseresidcntial unit owncrs havc reccived any notice ofthe hcaring scheduled forJauuary ?1, tggg.
Based upon ttris failure to pmvidc notice o thmc ownsrs, I trcrewith object to thc hearing being helduntil such time as propcr mticc bas been given.
Plea$e lrn me lqow before Monday morning if ttr hcaring will be tabled again until proper
nodce hss bccu provided.
Very tuly ya,us,
BAUM, WEINSHIENK & EASON. P.C.,7&--
xuru-pldan
JKP/clg
Attachment
Ed Blccl(ncr
Fraises Corporation (via facsimile)
Dcns8 Variarce Request for 227 Wall Sreet
Rl[XtCSltENTlrbE!5CXtG$CmtEsr*UnAaLtl(dr UnAt]
{/r} Tafrat| a
t
BRENTWILL CAPITAL, LLC
P.O. BOX 23215
LOUISVILLE. KY 40223
January 22, lggS
Planning and Environmental Commission
Yo George Reuther
Town of Vail
75 S. Frontage Road West
Vail, CO 61657
Dear Commissioner:
This letter is in response to the request for variance submitted by Base Mountain Sports, Hong
Kong Cafe'Building., Part of Lots B and C, Block 5C, Vail Village First Filing, 227 Wall Street,
Vail, CO.
Brentwill owns condominium Unit 302 located in the adjacent building, The Wall Street
Building and is opposed to the additional floor ofthe existing structure or a revised structure of
the Hong Kong Cafe'. Aesthetically, the additional height and volume at this location will crowd
the existing open space area ofEarl Eaton plaza.
We have reviewed Mr. Gramm's January 20th letter and support his position and request a denial.
Sincerely,
W, rf- ^- }|"-.^ V
W. Thomas Hewitt
WTlVrh
VIA: UPS Next Day Air
{
l OOO IS LAND
KAR.EN
ELVD . PH04
HEUMAN
. WILLIAMS ISLAND FL'33160
January 20. 1998
Planning and Environmental Commission
Town of Vail
Vo Geotge Reuther
75 S. Frontage Road West
Vail, CO 81657
Dear Commissioner:
This letter is in response to the request for variance submitted by Base Mountain Sports, Hong Kong Caf6
Bldg., Part of Lots B and C, Block 5C, Vail Mllage First Filing,2ZT Wall Sreel, Vail, CO.
I am the owner of condominium Unit 301 located in the adjacent building, The WaIl Street Building.
I am opposed to the building ofan additional floor onto the existing structue or a revised structure of the
Hong Kong Caf6.
Aestheticall5l the additional height aad volume at this location will crowd the existing open space area of
Earl Eaton Plaza.
Factually. the applicant clearly does not meet the requirements of site area rninimum as relates to unils
allowed. The applicant argues that his site is too small, that the small area of the site "...was not caused
by the current owner. .. " . Yet the site was just as small when he recently purchased it.
The applicant states that he is only 7.5% short of requirements to build a residential unit and a variance
would ".. . not be a grant of special privilege."
Even though the numbers should speak for themselves it should be noted that several of the condominium
owners of the adjacent Wall Street Building were recently denied the right to "minimally' increase their
floor plan area even though:
a. Such increase was completely internal to the existing stnrctue.
b. Such increase in floor plan was similar or less than the 7.5T" deviation requested by the
applicant.
c. The timing of such modification(s) was appropriate due to the complete interior rebuilding
resulting from the rccent fire.
The granting of a variance would be granting a special privilege in violation of Vail's zoning ordinance
and would be discriminatory.
I respecffirlly urge a denial of this request.
tW
O r( al blc.c.k.^n r a.*,..a,e,"^*q b-
:.\\c>L 1)
'a
1".ro
I,EASE AGRESI{E}LT
t6_ f ta -r;c: t(f
except a railing around the'the tessee. Any change inof the Lessor and upon the
THrs LEASE AGREEI{ENT is made and entered into this _-_ dayof April' 1986, bv and betneen the ToliN oF vArt, state of-ciforal
_do, a municipal corporaLS.on, by and through its TorEn CounciLhereinafter referred to as the "Lessor.. ana fr K c PARTNER$IITP, ;Colorado lj.mited partnershi-p, hereinafter reierred to as thelessee -
HTTNESSETH:
- WEEREAS, the Lessor is duly authorized bv raw to administerand govern certain rear property trereinafter dlscribect; and
- WESREAS, Lessor is willing to rease to Lessee the above re-ferenced property, together witrr such rights and privireges asare set forth in this teasc Agreement; and
- llBtrREAs, the tessee is desirous of leasi.ng said propertyand the improvements thereon.
NOW, THF.REFORE, for and in consideration of the mut,ual cov_enants, conditions and promises contained herein, the partieshereto agree as follows:
SECTION ONE
PREMISES
tcssor gran-bs to Lessee the use of a certain parcer- of rear-property located in the Torrn of vair, county of Easle and stateof cororado and more particul.arly set forth in the survey at-tached as Exhibit A.
Lessee shal_l use said premisesNo permanent improvements or fixturesperimeber shall be placecl thereon bypurposle shall be only with the consentterms described by the Lessor-
SBCTION TI{O
TERM
subject to earlier termination as hereinafter provided, thetc:rm of this Anreement shalr be the period coo*"rrcing Augrrst 1g,1986, and en<ling on November 19, 19g6.
-r-
ro (o
For the use of the premises as set f.rth herein, tessee co-venants and agrees to pay Lessor in advance the sum of two dol-1g: l-$-2r-90J- eer square foot per annum for a total of FrvE IIUH-DRED FORTY-EIGIIT AND 861100 DOiLARS ($54S.86).
SECTION TIIREE
RENTAT AND C.EARGES
SECTION SIX
REGULATIONS
SECTION FOTIR
TAJGS A$D UTILITIES
The frGSSee shall be liable for and shal1 promptl-y pay forall charges for gas_, _electricity, and other "iiiiii"r-reiriing tothe premi-ses leased by tessee. Lessee sharr promptly pay arl adtaL:rern taxes on personal property _
SECTIO}I FrYE
I{AINTENANCE AND INT]PECTIONS
tessee shall keep and maintain the leased premises and ar1improvements of any kinrl ttrereon in good and suLstantial repairand--condition, including the exterior condition thereof, andshal.l make al-l necessary repairs thereto, including snow removal .[.essee- shall provide propei containers fo" trash and garbage andkeep_the leased premises free and cr.ar of snow, rubbiih, aEuris,and litter at all ti-mes. Lessor sharl at atr- i,ir*" during ordilnary business houns have the rieht to entcr upon and inspect theprenoises such i-nspection shalr be made -on1v at a nutuallyagreeable tine.
RgLES ANp
tessee agrees to observeTown of Vail, the statutes andrado and of the United Statesof the premises.
and abide by the ordinanees of theregulations of the State of Colo-goYernment with respect to the use
.. r.: .:: ,ir,$"htg&_iid$
SECTION SEVEN
INSi]RANCB
r'essee agrces to secllre and deliver to Lhe Tor+n a compre-hensivc liability ins'rance policy written on an occurrenee b;r-:-t=, i"ncluding public r-iabiliiy urrit proi,*r{y ;;*;;" in a form an<ithrorrgh a comparry accepLable to and "pir.o.rlo t,y itre Town, cover-ing the premi-=cs, and all operations-perform"i ty the Lessee onthc premises in the amount .,f rt.trcEtr nurqunun-iilorisANo AND o0l100
-z-
.i:DottARs ($300,00( .trn respect to anv o""(-.t*" and an agsre-gAtC AMOUNT Of FIYE TITTNDRED TEOUSAND hHN OO/1OO DOiIARS($500,000.00) for trodiLy injury and property damage-
All such policies required herein shalL name the Lessor asadditional l-nsurcd- A certlficate evidencing such insurance, insuch forro as the Town may require, shalr be deliwered. to the iownprior to the tine the tessee takes possession of the premises.Each certificate or policy shalr contain a valid provision of en-dorsement that: "This pol.icy shall not be cancelled, or materi-ally changed or altered, withorrt first giving thirty (30) dayswritten notice thereof to the Town of v;il, -boLorado, ?s sorrihFrontage Road, Yail, cororado Br6E7, sent by ..-tifi*d mail, r€-turn receipt requested"_
A certificate of renewal shall be delivered to the Lessorat least fifteen (15) days prior to the policy'i expiration date,except for any polieies expiring on the date of this lease ttrerelafter.
SECTION ETGIIT
I$DEMNIFICATION OF LBSSOR
tessee agrees to -indemnify and hold harmless Lessor againstall liabitity for injuries to persoos or damage to propertycaused by Lessee's negligent use or occupancy of lrr. l*oi.d^prs--mises; provided, however, that tessee shall trot b" liable for*anyinjury, danage, or loss occasioned by the negligence of the Les-s_or <rr its agents or employees; and provioed fuither that Lessorsharl give to tessee prompt and timely notice of any craim madeor sui'b instituted which in any way directry or indirectly, con-tingently or otherwise, affects or might 'ficct Lessee, ancl f,es-see shall hawe the right to compromise and defend the same to theextenb of its own interest.
SECTTON NTNE :,, ).,.
'1,
rn t{iri}1jffi.ffi-W
AI,TERATIONS
tessee shall make no alterations, additions or improvements1l_"r to the premi.ses +rithout the Lessor's prior written consent.All such work shall be performed in o sooi and sorhranlike rnan-nerr -
Lessee shalr pay or cause to be paid arr costs for workdone by or eaused to be done by it in ot fo tn"--pr*rises and tes-l9e sharl keep the premises free and clear ol all mechanic,sliens and other licns on aecount of work aorr* ior Lessee or per-sons claiming under . Should any liens be filed or recordedagainst the premises or any action affectirrg ih.t--iitre thereto tobe commenced' Lessee shall give f,essor *"ftt"tr notice ttrercof -Lessee shall thereafter causrl sueh lienu, o. "i*ir= agaiust the
-3-
Lessor in lieu,.{:.t,, to be removed ot,f,,Owithin five (5)days after the filing thereof- rf Lessee strait desire to contesiany clairn or lien it shalr furn.ish the tessor with security sat-isfactory to the Lessor of at least one hundred fifty plrcent(150%) of the amount of the claim, plus estima.ted costs arra int-erest - rf a final judgnent establishing the validity or exist-ence of any rien or claim for any amount as entered, Llssee shal_l_pay and satisfy the sairre at once_
Prior to the cornmeneement of any r+ork in or to the premisesby Lessee, Lessee_ shall notify the tessor oi ttt* proposed workand the names and addresses of the persons supplying labor andmaterials for the proposed work - During and trior to any suchwgrk on the premises, the Tonn and its agent! sharr have ther+cht to go upon and inspect the premises at alr reasonabreti-mes.
SECTION TEN
sgRREt,'DrR OF POSSESSIOIT
on the expirati-on or termination of this rease, tessee'srights to use tlee premises, facilities and services describerlherein shall cea:;e, and tessee shall vacate and surrender thepremises to the Lessor immediately_
file tessee shall be responsible to put the premises and -i.m--provements back to their original conditi-on - A11 alterations,additions or i-mprovements upon the premises, unless otherwi.seagreed at the time Lessor's consent is obtained., or unlcss Lessorrequests removal thereof shal1 become tlre property of the Lessorand shall rernain on, and will be surrenderea witt, the premises-
Depreciation and wear from ordinary use for the purpose ofwhich the premises were let need not be restored, but iny-""p^i"for which the tessee is responsibre shall be corpieted to the-raltest practj-cal dabe prior to such surrender
rf Lessee sha11 remain or continue to be in possession --':+Jief'sts@ri?fr
the premises at the end of the term of this 1eose, at tessor,soption, Lessee shall be deemed to be ilregarr-y r.t*irrirrs po=".*:si-on, or shalr be deemed to be a month-to-monttr tessee of thepremises and arl the terms and conditions of this tease- H"[hi"sin bhis paragraph sha]l be construed to limit the tessor's rishlto obtain possession of the premises upon termlnation of tiisfease hy unlawful detainer proceedings or otrrenv_tse in the eventthat the tessor does noL exercise ibi option io 1""*t the conti_nued possession by ttre tessee as a nonthl t,o-month tenancy.
SBCTTO}I EtEYtrN
COST OF LITIGATION
-A _
Lesr"* "orf,-,t ".ra asrees to and ,a(- Qe Lessor that incase the tessor shall, without any default on its part, be made aparty to any litigation corfinenced by or against the siid t*=r**,Lessee shatl and will pay all costs in conneetion with such titilgation and that said Lessee shalL pay arr costs and reasonableattorney's fees which may be incurred by said Lcssor in enrcrcingthe covenants and agreemen.ts of this l_ease-
SECTION fi{ELYE
SECT]RITY
r,essee -sharl keep on tleposit si-th the Lessor at arr. ti.mesafter the executi-on of this Liase Agreement, a sum equal to one(!.) month's rent as security of the payme.t by the tessee of therent and any other sums due under this lease and for the faithfulperformance of a1l the terms, conditions and covenants of thislease. If at any time tessee shal_l be in rlefault in the perfor-mance of any provision of this 1ease, tessor nay, but shil1 notbe rcguired to, use such deposit, or so much thereof as is neces-lary, in payment of any rent, or any other sum due under thislease in defaurt, in reinbursement or any e;<pense incurred uy {rr"Lessor and in payment of the damages incured. by the tessor byreason of the tessee's defaurt, or at the option of the tessor,s*ch deposit mav be retained bv the tesso. .i* iiqlia"t"d d;#;;:rn any event, tessee, sha1r, five (5) days aftJr written demandfrom tessor, remit to the tessor a sufficient amount in cash torestore the deposit to its original- arnount- rn the ewent the de-posit has not been uti]ized ; described "n"r.",- it shar.r, o* -=much thereof as has not been utiliaed, for ".r.t fo*por*", sharr berefunded to Lessee, without interest, upon fulr performance ofthis lease by tessee-
SECTION THIRTEB}I
DEFAUTT
The occurrence of one orcircumstances shall constitute a
ft.
bankrup'Lcy.
more of the folrowing event's ';;t;ir!:i$.''{*4$&
default hereunder by the tessee:
The fiLing by the Lessee of a voluntary petition of
B - proceedi-ngs in bankruptcy insti,tuted by the tesseeand adjudication of the tessee as a-bankrurri-porr...rrt to suchproceedings -
c' An appointment of a r:ccei-ver of the Lessee,s assebsof the divestit,re of the tessee's estate ny-"ir,", operation of1aw.
D. Failure by Lessee to orake lease payments due to theLessor as provided in this Agreement nithin i"" t10) days afterthe Lessor gives notice to Lesiee of its Jeiir;;;;.".
-5-
E'
any of theits part to
nues
. l'"if^lot the tessee to perr(-ln.r*n and observeterms, covenants, or conditions herein contai-ned onbe_ performed, kept or observed, which fai-1ure contj_-
to dtr w Grib"i^-trq"'"ri;,4
SECTION FOUtsTE"EN
REME-DIES
rf the tessee shalr be in default under this lease as setforth in section Thirteen, Lessor sharr have the folrowing rightsand remedies, in addition to a1r other remedies at law and equi-tg, and none of the- forlowing, whether or not exercised by-theLessor, sharl precrude the exeieise of any other right o,. ""r"ay,whether set forth in this Agreement or existing at iaw or equityi
" A ' The Lessor shalr have the r.ight to terninate thislease bv giving the tessee thiriv (30) days notice in writing tobe- serwed as prowided in this Agreement, and the term hereby re-maining sha1l thereupon cease and expi-re in the same aod to thesarae effect as if it were the expiratitn of the lease term statedin this Agreement - upon any termination of this lease, Lesseeshalr quit and surrender to the Lessor of the leased piemises-rf this lease is terminated Lessee shall remain liable to theLessor for all ren'b and other sums accrued and paid hereunder tothe date of termination of this lease-
B- fhe Lessor may, without ctremand or notice, reenter andtake possession of the premises or any part thereoi, and repos-sess the s.rme as of the Lessor's former state and expel the lei-see and those claiming through and under it, and romo.,re the ei-fects of any and all such persons (forcibry :-i necessary) withoutbeing deemed suilty of any ruan er of trespass, withorrt- prejuJ:.""to any remedies for arrears of rent or pro-eeding breach of-cov*Inants and without terminating this lease or otherwise relievingLessee of any obli-gation hereunder. should the Lessor elect ifreenter as provi-ded in this section or should the tessor takepossession pursuant to Iegal proceedings or pursuant to any pro: . r*4****vision provided try raw, the Lessor may, from tirne to time,-rLit-out terninating this lease, relet the pre'ises or any part there-of for such term or terms and such iental or rentali, and uponsuch other conditions as the Lessor may i.n its absolute discre-tion, deem advisabre, with the right to make iiterations and re-pairs to the premises. No such reentry, ""po*i*r=ion or relet-ting of the preinises by the tessor shall n. .i*ii.ued as an elec_tion of the Lessor's part to terminate this i;;;; unless a writ-ten notice of terminat,ion is given to Lcssee by- trr" tessor. Nosuch ree_ntry, repossession or reletting of the ]rcmises sharl re-lease the tessee of its liability ind "t,fif.ii"", under thislease, all of wh-ich shall survive such reentr],-r*Bossesslon orreletti-ng- upon the occurrence of_such ";;;i;;'or reFossession,thc [-,r:ssor shall b. entit].ecl to the amount oi'tr-,. monttr]y rent,and anv other surns which wo.ld be payabr* p,rrirrorl to trri, Agree-ment, if such reentry or repossession trad iot occrrrred, less the
-o-
net, proceeds, -tf (,r? ", any retetti,ng of *f l-*rses after de-ducting all- of the Lessor's expenses in connection r+ith such re-lettine. Lessee shalr p.y s,.r"liamounts to the tessor on the daysthe rent or any other -sum due hereunder would have been payabrehereunder if possession had not been retaken. rn no event shalr-Lessee be entitred to receive the excess, if -any, of ttre rentcorlected by bhe tessor as a resur-t of such reietting over thesums payable by the Lessee to the Lessor pursuant to this rease_
The failure of the Lessor to seek redress for vioratlon or!: insist upon the strict performance of any covenant or condi-tion of this lease shalL troC pt.r..nt a subseqlent act r+hich wourdhave originarry constituted a violation for having arl the f,orceand effect of the original violation- The ."""ipt of the tessorof re*t with lanowledge of any breach of covenant of this leaseshall not be deemed a u,aiver of such breach. No provision ofthis lease shaLl be deemed to have been waived by the tessor un-less such waiver is in writing ir,a "igrr*d by the L*"ro".
SECTION FIFTtrN
AI]$ IGNF{ENT NND SI]B_LBTTING
I-,essee covenants and agrees not to assign, sublet, pledge,or transfer its rights in this lease, in whole or in part, 1ogrant any license or concession hereunder, without first obtain-ing the written consent of the Lessor- The consent by the Lessorto a transfer sha1l not rel,ieve the Lessee from prinary riabilitvhereunder or from the obligation to obtain the eipress consent inwriting of the Lessor any further transfer. tesior,s permissionto -a1 assignment or subletting of this rease sharl not be unreas-onably +rithheld.
SECTION SIXTMN
ADDITIONAT CCNDITIC}IS
A- tessee covenants and agrees that the Lessee wirl sav:ii'rtt{ti1d'$$l}iwharmless said tessor at all times during the continuation of thisLe'se frou all damagcs, claims, fines, penarti.es, costs end ex-penses shaLsoever r+hi- ch may result from any e1ss.km6n's compensa-tion elain-
B - I{henever any notice of paymenL i-s required by thislease t9 be ma<le, given or transmitted to the parties tr*.*to, -u.r]
less obherwise specif,ied herein, such noti"* or payment sharl bedeemed to hawe been given uFon tie mailing of sail noti"" ""-p"rrmenL bv united states certified, first-class oai-1, postaee ii-L-paid, and addressed tothe parties at the respective iaarci**i i,shal.r appear herein ot upon a change of address pursuant to thisnotice prrowision.
-7-
C,t or vail (o
75 South Frontage RoadVail, Colorado 8165?
H K C PartnershipP- O. Box 2294Vail, Colorado 81658
with a copy to:
Brian E- O'ReiIly, P. C-P- O- Box 2911Vail, Colorado 81658
C . A11 cowenants, conditions and provl_sions in thisLease Agreement shall extend to and bind the legal r*pr.s"nti:tive, successors and assigns of the respective parties hereto.
D- This Agreement shalr be construed under the raws ofthe state of colorado- Any covenants, conditions, or Brovi-sionsherein contained that are held to be invarid bv iny couit of com-petent jur5-sdiction shaLl be considered. deleted from th_is Agree-ment, but such deLegation shaLl in no way affect any other cove-lalt, cond.ition' or provision herein contained so long as suchdelegation does not materialry prejudice tessor or tessee intheir respective rights and obligatlons contained in thc validcovenants, conditions, or provisions of this Agreenent -
E. A11 amendsrents to this lease must be made in writingby mutual agreement of the parties and no oral amendments shallbe of any force or effect whatsoewer.
rN I'lrrNEss I{IIEEEOF, the parti.es have hereunbo set theirhands and affixed their seals, in counterpart, on the dates indi-cated to be effecti.ve the day and year first above written, pur-suant to a resoluLion or ordinance as appropriate, of their re-spective governing bodies duly entered on ihe minutes thereof.
TOWN OF VAII
By and through its TOI{N
By,
Town tllanager
Address: 75 South Frontage RoadVail, Col_orado B16S?
Telephone: (303) 476-2000
llips
Pamela A- Brandmeyer
Town Clcrk
-B-
(o II K c udtr*rP, a cotora-
sffiHKC
rr fttar1h *-fhe foregoing,/ instrument was acknowlerlged before me thisday of ,tgrri*,/198$, by Dawid K. frish as General partner ofPartnershil>-
do limited partnership
By:
STATE OF COLORANO )
)
COUNTY OF EAGTE )
iln^ld{"ess my hand and official seal . My comoission expires:
r.,'l.,u1l1+.'.?,4-ai
Irish
Presidenb
Notary Public
-9-
-,. t'.(l (o
- THIS SUBLEASg,
9.v ot April, 1986,linited partnershipporation, d/b/a The
Z- WarrantL of llKC. IIKCKCNG that HKC now l; th"-"br"l;L;est in and to the tease, ,nitf, i"ifsame and the rents and obligationsoer _
- made and entered into effective thisby and between H K C pARit{SBSHip, ""-d"T.rrao
_q'BKC") and x BAR FLy, INc-;-;-airorado eor_Hons Kons Cafe (',IIONG KoNc; i ,
- --"
WTTNESSETII:
*HSREAS' HKC desires to transfer and assign to HoNG K'NGthe space lease in existe;";-"i;; regard to the patio area locat-.ed adjacent to the HKC t"iiJi"s;'"
IIOW, TffiP.SFORE, for and in consideration of the sum of TENAND 00'1100 DoLtARs r:i;ro-ool--""d other good anri varuabre consider-ati-on, the receipt__g"A ="fiiri""Jy of which are hereby confessed
it:*=:"o""wle<lgedl uKc anJ-uorie-ildNe .or.*..r*.rt-.ria' oe"o* as fol-
1. Sub1r2ges=-
. HKC hereby transfer and sublets to IONCI(CHG atl of UXC's right, titfe-ana interest as..Lessee.,in a*d tobhe lease (the "teas-" ) t "tr*""-iixc and the Tor+n of vail des-eribed on Exhibit-A, consi=ii;; ot ,rirr. (9) pages, attached here_#"::f.by this refer-ence ir,"""i"i"ted herein-aiJ-r.ae a parr
PATrQ SUBTEASE
warrants and represents to HOIIGowner of the "Lessee's'. inter_right and title to sublet thedue or to become due thereunl
- 3- Tern qf sublease. This subrease sharr terminate upon*"he ternination of -the onaertyioi L."=. ""-irr"-T"rmination of 'r',:rl$kit.$
HONG KONG's lease. tor ,ri"-of:;;;" in rhe gI(C tuiiaing, whicheverevent occurs first-
4. Indan$ific+liqn of, HCHG gONc- HKC arjrees ro indem_nif v, a*tena-.nE-t ola-gdFc-=-t<6lqcTo"o.i., " f roro anJ' againsr anycfaim against or liability "i--flOiiC t<OtqC,s arising out of the co_venants and duties of the "Lessee" und.er tt;-i;;" to be per-formed prior to t,he date trereoi_ -
r^__- 5;^,-- lAee_ruieeeUca "t EKg* By acceprance of this Sub_lease, IIONG I(OIIG agrees to lndeclnifv, iefena^a"J-fr":a Ei(C harm_;t::"-,ii"r^"r.d *s,r'ttst anv "t"i*'"e"inst or lrabilitv of BKC aris--rng cut of Llie covenants and iiuties of the ,.L;;;;;., under theLease to be performer! .:fter the date hereof .
-r-
IN WITNESS Fr'6I{EOF, thisand HONG KONG as of the day and
o(*l***"uted brr
above written.
Sublease hasyear first HKC
SUBItrSSOB:
H K C PARTNT{RSHIP,
Colorado linited a
partnership
SUELESSEE:
X BAR FLY, fNC-, a Coloradocorporation
STATE OF COLORADO )
)COI]HTY OF EAGTE )
subscribed and sworn bo before me Lhis d{d6-u^r*": ^ry/V,t (A__-:l#= 1986, bv Dawid K- rrish, Generar rartnEFof H K c partner-
sn.r_p-
hand and official seal My courmission expires:
By=
General Partner
STATE OF CCTORADO )
)
COUITTY OF EAGLE )
Subscri_bed and sworn to
. ...tsf 1986, by David K- frish
z/t 'r 0 / tey: /t/k/ti4 r --;, .-sn-t
David K- Irislf
President
berore me this Ahlf u^, ,,as President of X Bar Fly,
@d_
wo[_
expi-res:
|. ',ii4J-E4d&$1ii
'1
@d
Yr6z
Notary Public
JOSEPH 6EFENtsAU M
H. MICI4AEL MIILER
!roSEPH 9. eORUS
r, H. KAtS ER, F. C,
HOWAFIO E. G ELI
JON M, AALL
CHARLES P LEDER
JAM ES L. XIJRTZ-PHELAN
OONALO P, SHWAYO ER
PETER F, E}ORIISTEIN
6OWIN 6. PERLMUIfER
CHAFILES A. BEWLEY
JAMES A. JACOESON
MICHAEL J. ABFIAMOVI'TZ
MARTIN D. BUCKLEY
CAROLE X..JEFFERY
AMY TH ERESE LOPER
STEVEN C, HOTH
BERENBAUM & WEINSHIENK
ATTORN EYS AT LAW
3773 CHERRY CREEK ORIVE NORTH
su rTE 8€ro
DENVER,C()LORADO 6O209
(303) 3AA- OAOO
HUBel{T T. WEtNSHTENX ( r93r - r9A3)
MAHOEL EERENtsAur,,l, Of COUNSEL
DURANGO OFFTCE: (303) 247-t333
June 10, 1986
Mr. Joe Norris
Building Inspector
Town of Vail
75 South Frontage RoadVail, CO 81657
Re: Hong Kong Cafe
Dear Mr. Norris:
Enclosed is a copy of the Agreement which the owner ofthe Hong Kong Cafe signed with ny client, the Fraises Corpo-ration, in which the Hong Kong Cafe owners agreed to ensure thatcertain design and height limitations would not be violated.
As you will see from the Agreement, the Hong Kong Cafe
owners agreed to ensure that all drawings prepared for approvalby the Tolm of Vail, building permit issuance and construction
purposes would conform to these limitations. I would appreciateit if you could review the documents on file for conformance withthe Hong Kong Cafe owrrer's agreements.
Please 1et me know if there are any discrepancies
between the documenEs and this Agreement.
Thank you for your assistance.
y yours , ),fa,&F
Kurtz -Phelan
JKP: jmt
Enclosure
cc: Ed Bleckner
The Fraises Corporation
02256
J1,1025
AGREEMENT f/,
IITIS AGREEMENT ls made and enrered inro as of the /, ''
March*-,.,1985, by and berween THE HKC PARTNERSHf"
_4aZ+4. partnership ("HKC"), and THE FRAISES CORPORA-Colorado corporation- (referred to herein aE I'Fraises").
,\day of
K..l Colorado
jt, rroN, aA
't
I ' EIIEREAS, IIKC is the owner of the Hong Kong Cafe locatedat ZL5 l{al1 streer, in Vai1, "coiof"i", - i;;;11t
de s c iIEhn-HEf6'i r A et t a ched here t o and tnc orpora te a' rreie in -[ j,this reference, and intends to enlarge the Hong ftong cafe in suc[re Danner as to cause certein lmDacts upon units 309 and 309 inthe Lazier-Arcade condomlnir:n uuflding lbcated in vai1, colorado,which Units are owned by Fraises l"Friises property*); and
IffiEREAS, in connection with the expansion of the HongRong cafer ffic is_required to obtain a conditional use peruit anE
_qPproval. -for nodificCtlon of a building exterior from the Town ofVail; and
I{IIEREAS, in eonnection with seeking those approvals,Fraises is willing to forego its rights to -oppose grdriting oisuch approvals upon the exe-cution anI satisfaction oE the t"ermsand conditions of this Agreeroent by HKC; and
WIIEREAS, HKC, i! order to work cooperatively withFraiees for the purpose of obtaining speedy apirovar fion theTown of vail is -willing to obrigarE itsef to- the renns andconditions set forth in ihis Agreement.
_ NOW, THEREFORE, Ln consideration of the premf.ses, theirmutrral covenants and promises, and other good and vaLuableconsLderation, -the receip-t and srrfficiency oT which is herebyacknowledged, the pattie6-hereby agree as f6llows:
1. Fraises hereby agrees not to oppose the issuanceof a conditional use pe:ml.t'or -approval of uodifications to theexterior of the Hong K-ong Cafe by'ihe Town of Vai1.
2. HKC hereby agrees that the exDansion of the HonsKong Cafe -(referred to herEin as the "New building") eha11 bEconstructed in euch a Danner, notwithstanding any "aDprovals bvthe Towr of vail to -rhe _contrary, errch rhat rhE Ne; nriirain! aoe'snot vioLate eny of the followin! condltlons:
^ (a) The top of the pyramid skylieht in the centerof the roof of the _New drrildlng ifralr nor 'be"higt"t rhan e ixLnches below the railing on the ?eck to unit 309 oT the FraisesProperty. i
(b) . The top of rhe maJorButlding shall not be uore -than elx inc-hesdeck to Unit 309 of the Fraisee property.
roof line on the New
above the floor of the
02256
JMO25
(c). Ttre top_ of the spoke skylights on the roof oftEe Neru Building shall not'be more rhan 1g incf,es above tt" iioi,of the deck ro Unir 309 of thel;aiees pr;p;;rt:-
(-d) _A11 skylights located on the roof of the Newl*lai"e- eh-al,l be fixed, 'dou"bre oi lripr"- giizea, aart -ilio"Je
tlrlted plexiglaes.
_ (e) Interior ehades of dark brown or dark bronzefLbergla_ss_ n_errigg _sharI be i""iairea on-it,,- "iit.-.ktligh;;"';;the north half of-rhe New Building and on tr," p-ftlria siyr?lht;;lhe New Building and _sharl b; extended ecross the 6tvii*ti"during nightt-ine u.se o-f _tf,. nong Kong Cafe-;;; ;;-,;il;"i;;Fmount of light eroitted through itre st"yf ights. - -
(f) The exhaust hoods for the kitchen and erill:h*11.be located in rhe eourhwest corner of rhe ;;;i"";";h3'N;;I'U:-lOlng.
tgl -A11 nechenical equipment on the roof of theNew. Suilding shaLr be hidden fron view hrorn thJ dect on unii iOior Ene .F'raises property by roof or enclosure elements which shallbe no hieher than'rhe'najor roof line ae deecr-itea-rn paid;;;h2 (b) abov:e.
(h) There sha1l be no direct uplights insralledon the second floor of the New Building,- it -ri.i"le aereed rhat|lshtins on-the -second floor or tnJnew iiirai"e r-i;rf-b;Ar;;;;fixtures which direcr aII light in a downw;;e-eir;;i;":-
(i) The fireplace flrre on the roof of the NewBuilding ehall be no wider ttian lg inches-
(j I There ehall be no exits from the north sideof the eecond floor of the New gJttaing. ---
- 3. lIKc- hereby agrees to confo:m arl drawinqs preoaredfor Town approval, Uuiiaiig fe:mit issuance ";"-;3;"[;;[;i;;Purpoees to the criteria eei forth in paragraph 2 auo"e -e"a-io
construct and operate the New Building'in ionior-nance with suchcriteria at ell -times
4. The parties hereby agree that, in the event eitherparty breachea the-telurs and c6ndi"tions of'thie-Agreement, -ah;
party-not in- breach shall be permitted to brine in action forapecific_perforroance or daroagei i"-ah; ni"tri"F courr for theCounty of-Eagle, Srate of Coliiaao.
5. Thls Agree'ejnt ma-y be executed in counterpart' andehall_ be construed aid enforcl-a' rn accoiaanc"--rltr, tn" laws ofthe state of cororado ana strarf b"-bfiiE- J;" rhe partleehereto, their respdctive hefrs,-euccessors and asligns.
-2-
02256
J!4025
a Colorado
rN WITNESS
foregoing Agreement
above.
WHEREOP, the parties have executed theas of the date and year fj_rst set forth
IIKC PARTNERSIIIP, a Colorado generalpartnership
Elv.
-3-
il"
DEcL;foN oF EESrRrcrrvE covENANl
llr *:i ic'ei{,
T]IISDECLARATIoNoFRESTRICTIVEcovENAI{TSismadeanden-
tered into this
--
day "i-t"i"i--fggO'-bv and between Daviff;
I*i*,h whose legal address i; +i#a+lar*do*
-gl6-e€', and H K C Limitta p""ttttrship' who-se legaL address ts 227
., walI Street, vail, colorad"- --iros; ( "Declarants" ) ' and the Town
/ ;;-\,"ii; a iolorado rnunicipar corporation '/ hex :t:4
/flHEREAS,-riI#tiF.jl*F,.ndHKC.LinitedPartnershipare
/ ttre ol^Irr."=-oi the folro"irg-d;.".iu"a real property (the "Proper'-
I ty") situate in the County of Eagfe ancl State of Colorado' to
ll wi t :
U C, B1OCK 5-C' VAIL VILLAGE' FIRST FIL.4 t , ^ r ,. A part of Lot_ c, Tt"":-:-:'^:^::r::;il:";.;l- oartic-,rt' -+L I L/\fl/( -J, )ehn,vt ilt6,-c"""tv ol Eagle' State of colorado' more pi
Ibto s,,urors7. De. ;i:;li".t;x""'iJ."1""* "iJ'l;"'""u """'T?"-;:3' 1i":::
Lt', r, co aus7 ;:i:iti"**i n+;;,lit'"n"-*=i:r".i',il[i a:i,:i
conds' an arc'ai=il"tt of 86'4ti feet; thence South 10
degrees 30 *i,t"-f"= iA second's East ' 134 ' 00- f eet to
the true poinJ-oi-beginning; thence continuing alon€
the afore=.ia
-cJt"=t *aO
' 00 f eet; thence North ?9 de-
grees 29 minutl;-44 seconds East' 44'00 feet; thence
North 10 a.e"-u-; s0 u'it"tt"" ro second's westr 42 '00
feet; thence iouth 7g degrees 29 minutes 44 seconds
I{est , 4 . 00 f "-.t;
--it'"""" South l0 degrees 30 minutes
16 seconds East, 6 '00 feet; t'hence South 79 degrees
29 rninutes 44 seco"ds Westr 40 '00 feet to the true
point of u"gi"ii"J,--ro*t' of Vail' countv of Easle'
State of Cofo""a" al-so known as 225 Wal1 Street '
VaiI, Colorado 81657 '
WHEREAS, the Declarants wish to demolish the existing
building located upon the aforesaid' Property; and
WHEREAS, the Dec'Larants wish to construct a new building
uPon the ProPert'Y I and
HHEREAS,theDeclarantswishtoconstructacertainexteri-
or building waI1 (the "w;;i;) *rricrr wilI cornprise the west side
of the new building; and
WHEREAS, the Decfarants wish to construct the Wa1l in such
a manner that its construction will not comply with the require-
ments of the Uniform Building Code a,s adopted by- the ' Town of
VaiI, in that it sill "oi t" I fo'r-hour fire-rated waLl on ae-
count of the inclusion of certain windows in the Wa]l; and
HHEREAS, the Town of Vail is willin$ to eonsent- to such
constructionso]ongastheDeclarantspublishanddec}arecer_
tainterms,covenants;conditionsteasementsrestrictions'usest
-1-
IAr'-=.r=i vd'i.rorrs, i.,.mf-crons an.t obilgatlons, *for which shalL bedeemed to run r+ith-the property described aboE;
NoId' THEREFORE, Declarants do hereby pubrish and decr-arethat the following terms, covenants, condititns, easements, re-strictions' usesr reservations, 1i-mitations and obl igations shailbe deemed to run with the property described above, sharl be aburden and a benefit to the Declarants, or any of them, theirpersonar representatives, heirs, successors and assigns and anyperson acquiri-ng or owning any interest in the property and anyinprovements built thereupon, their grantees, personar represen-tatives, heirs, successors and assigns
1. consent. The Town of Vair hereby agrees to alr-orv theDecrarants to construct the walr, such that the wa11 is not afour-hour fire-rates Iiarl due to the inclusion of certain windowsin the Wa1l.
2, Agreement. Declarants hereby agree that in the eventthat Lodge Properties, rnc., sharl desire t. d.evef op its propertyLo the fullest e-xtent perrnitted by applicable zoning and Luiralnglaws and regul-ati.ons up to the common boundary between the Lodgeproperty and the HIi'c property, Declarants agree to nodify theIval-1 such that it is brought into compliance with the provisionsof the uniform Buirding code as i.t exists on the date of execu-tion hereof.
3. Covenants Running With Land, These terms, condi_trons r reservations, restrictions and covenants shal_r at al-ftimes be construed as a covenant running with the land and may berevoked only by the recording of an instrument duly executed andacknowledged by alr of the owners of record of the duprex units.
4. Notice. Declarants sharr register their rnairing ad-dresses with the Town of VaiL and. al-l notiees or demands intenciedto be served upon Deerarants shafl be sent by certified mailr r€-turn reeeipt requested, addressed in the name of that Declarantat such registered mailing add.ress. In the alternative; noticesmay be delivered personally to either or both Declarants, if inwriting.
5. Enforcement and Remedi es .
(a) Each provision of this agreement shall be en_forceable by the Town oi Vai1, by a proceeding for a prohibiti.veor mandatory injunction or by a suit or action to recover dam_
"9"i: If- court proceedings are instituted in eonnection with therights of enforcement and rerned.ies provid.ed for in this agree-ment, the prevailinB party shal1 be entitled to recover his orits costs and expenses in eonnection therewith, includ.ing itsreasonabJ-y incurred attorneys ' fees.
(b) The parties hereby agrees that any and a1.L ac_tions in raw or in equity which are instituted. to enforce anypro'ision hereunder sharr be brought only in the courts in andfor the Count;' of Eagle in the State of Colorarlo.
-2-
(c) Jailure to enforce an). pC^sions of thj.s a-greement shall not operate as a waiver of any such provision, tlreright to enforce such provision thereafter, or of any other pro-vision of this agreement.
r.. ^*_.: Sgccgssorq and. Assi.gns. Except as otherwise providednereln' this Decl-aration shall- be binding upon and sha]L inure tothe berref i t of Decrarants and each or1'ner ..rd the heirs, pe.sona]representatives, successors and assi.gns of each.
7. Severabil_ity. Invalidity or unenforceability of anypro'ision of this agreement in whole or in part sha11 not effectthe validity or enforceability of any other provision or any va-lid and enforceable part of a pro'ision of this agreemenc.
8' captions. The captions and headings in this instru-ment are for convenient reference onry, and shal1 not be consi-'dered in construinEl any provisions of the Declaratlon.
9. Conqtruction. When necessary for proper construc_tionr the nascu.Line of any word used. in this agrlement shall in-crude the feminine or neuter gender, and the singular the pl'uraland vice versa.
IN
ti.on of
WITNESS WHEREOF, Declarants have executed th i s Decl-ara-
l QAARestrictive Covenants, this da5' of May,
By:
C LTMTTED PARTNERSH]P
n filx J;-5oA n, JfGeneral Partner
STATE OF COLORADO
COUNTY OF EAGLE
ltltfX z S,l^,Jr
ss.
Subscribed and sworn to before1986y Da;+i*-iF-*r.isih, as Generalrtnershi-p and individually.
Witness my hand and official seaL,luly commission expires :
ne thi- s
Partner
day of llay,
K C LinitedofH
/Atx {. S.l,.-t*r
liotary Public
Individually
-3-
Address
t t Rtc'o MAY 14 1sB6
DrianOQeillv
AlLorney aL Larv'
A Profbssion6l CorponaLon
May 13, 1986
Mr. Larry Eskwith
Town of Vai-l Attorney
75 South Frontage Road WestVai1, Colorado 8L657
Re: H K C Limited Partnership
d./b/a Hong Kong Cafe
Dear Larry:
Enclosed for yours and Gary Murrain's comments, please find adraft of the proposed Declaration of Restrictive Covenants withrespect to the West wall of the new Hong Kong Cafe.
Very(truly yours,
'/,-A
4)/t"z--
Brian E. O'Reilly
BOR/bd
cc: David K. lrish
Vail National Bank Building o P. O. Box 291 .l . Vait, Colorado 81658 . (3Og) 476-258s
DECLARATION OF BESTBICTIVE COVENANTS
THIS DECLARATION OF RESTRTCTfVE COVENANTS is rnade and en-tered into this *- day of May, 1986, by and between ffiF.f-ri:str whose legal address is ln---o- ao- 3ag4.:, llsi tr r 4!r 1 nFed€--+l€{e
and H K C Limited Partnership, a Colorado limited partnership,whose l-egal address is 227 Wall Street, VaiI, Colorado 8l6b?("Declarants"), and the Town of Vai1, a Colorado munJ-cipal cor-poration.rrvrqvlvrr' 4/r s,Ll^.Jr--
WHEREAS, DdEZEFRf* and H K C Linited partnership arethe owners of the foLlowing described real property (the ,,proper-
ty") situate in the County of Eagle and Stale of Colorado, tor+it l
A part of Lot C, Bloek 5-C, VAIL VILLAGE, FfRST FIL-ING, County of Eagle, State of Coforado, rnore partic-lrf,qx r, SL ^ ,J+
lbso 5o"tbv$T Df'
/a,l , Co
ularly described as follows:Cornmenc j-ng at the
8rts7
Northeast corner of Lot B, said BLock 5-Ci thenceWesterly along the Northerly line of said Lot B, be-
ing on a curve to the left having a radius of 582,79
feet, a central angle of 08 degrees 03 ninutes 06 se-conds, an arc distance of 86.48 feet; thence South 10degrees 30 minutes 16 seconds East, 134.00 feet tothe true point of beginning; thence continuj.ng al-ongthe aforesaid course 36.00 feet; thence North 79 de-grees 29 minutes 44 seconds East, 44.00 feet; thenceNorth 10 degrees 30 minutes 16 seconds West, 42.00
feet; thence Sout.h 79 degrees 29 rninutes 44 secondsWestr 4.00 feet; thence South I0 degirees 30 ninutes16 seconds East, 6.00 feet; thence South 79 degrees29 minutes 44 seconds West, 40.00 feet to the truepoint of beginni.ng, Town of Vail, County of Eagle,State of Colorado aLso known as 225 Wall Street.Vail, Colorado 81657:
WHEREAS, Declarants have agreed with the Town of Vail topublish and declare certain terms, conditions, easements,restrictions, uses, reservations, fimitations and obligations,aI1 of which shall be deemed to run with the property described
above;
NOW, THEREFORE, Declarants do hereby agree to publish anddeclare the fol]-owinA terms, covenants, condi.tions, easements,restrictions, uses, reservations, limitations and obligationswhich shal1 be deemed to run with the property described above,shall be a burden and a benefit to the Declarants, or any ofthemr their personal representatives, heirs, successors and as-signs and any person acquiring or owning any interest in the pro-
perty and any improvements built thereupon, their grantees, per-sonal representatives, heirs, successors and assiEns.
1. Restrictive Covenants, Declarants hereby agree thatin the event that Lodge Properties, rnc., shall desire to develop
I-l-
its property to tflfullest extent permitted fapplicable zoningand building l-aws and reguJ.ations up to the -Jommon boundary be_tween the Lodge property and the HKC property, Decrarants agreeto nodify the wall- such that it is brought into compliance withthe provisions of the uniforrn Buirding code as it exists on thedate of execution hereof.
2. Covenants Running With Land. These terns, cond.i-tions r reservations, restrictions and covenants shall at al-Itines be construed as a covenant running with the land and nay berevoked only by the recording of an instrunent duly executed andacknowredged by aLL of the owners of record. of the duplex units.
3. Notice. Declarants shall register their mailing ad-dresses with the Town of vail and a1f notices or demands intendedto be served upon Declarants shafl be sent by certif i.ed mailr f€-turn receipt requested, addressed in the name of that Declarantat such registered nailing address. rn the alternative, noticesmay be delivered personally to either or both Declarants, if inwriting,
4. Enforcement and Re4edies.
(a)Each provision of this Agreement shall be en-foreeable by the Town of Vail or by Lodge proeprties, Inc., by aproceedin€ for a prohibitive or mandatory injunction or by a suitor action to recover damages. rf court proceedings are institut-ed in connection with the rights of enforcement and remedies pro-vided for in this agreement, the prevailing party sharl be enti-tled to recover hi-s or its costs and expenses in connectiontherewith, including its reasonably incurred attorneys, fees.
(b) The parties hereby agree that any and a,ll ac-tions in faw or in equity which are instituted. to enforce anyprovision hereunder sharl be brought only in the courts in andfor the County of Eagle in the State of Colorado.
{c) Failure to enforce any provisions of this A-greement shalr not operate as a waiver of any such provision, therieht to enforce such provision thereafter, or of any other pro-vision of this agreement.
- 5. Successors and Assigns. Except as otherwi.se providedherein, this Agreement shall be binding upon and shall inure tothe benefit of Declarants and each owner and the heirs, personalrepresentatives, successors and assigns of each.
6. Severability. Invalidity or unenforceabi 1i t yprovision of this Agreement in whole or in part shall notthe validity or enforceabiLity of any other provisi.on orlid and enforceable part of a provision of this aglreement.
of any
effect
any va-
7. Carrtions. The captions and headi-ngs in this instru-ment are for convenient reference only, and shall not be consi-dered in construing any provisions of the Declaration.
-2-
8.
tion, the masculine
'ction. When necessary ,f o"oo""of any word used in this igreement
construc-
shall in-
the p1ura1clude the fenini.neand vice versa.
or neuter gender, and the singular
fN WITNESS WHEREOF, Declarants havethis Agreement Regarding Decl_aration ofthis
--
day of May, 1986,
caused the execution of
Restrictive Covenants,
H K C LIMITED PARTNERSHIP
By;
*,Jf
STATE OF COLORADO
COUNTY OF EAGLE
198
ss.
Subscribed and sworn to before me thisby J'e**-id--.fi#I:r*c*r, as General partner ofH
day of May,
K C Linitedartnershi.p and individually.
Witness ny hand and official seal My commission expires:
Hr+rf J, S" t ra..'qlt-
Notary PubLic
Address
Partner
fndiv dual Iy
-3-
(1 (a
AGREEMENT
THIS AGREEMENT, entered i.nto this day of JuIy, 1986,by and between the Town of Vaj-l. a Colorado(hereinafter caf]ed "Licensor" ) and HKCCol-orado 1in j- ted partnership (hereinafter
see" ) .
RECITALS:
Municipal Corporat ion
Limi Led Partnership, a
referred to as " Licen-
WHEREAS, Licensor ownsattached Exhibit "A", locatedEagfe, State of Co.l-orado, uponcate two 3" secondary electric
the real propert y
in the Torvn o f
which the Licensee
power l" ines ; and
described in the
Vail, County of
desires to 1o-
WHEREAS, L.icensee owns certain real property described j-n
the attached Exhibit B whieh i.s contiguous to the real property
owned by Licensor ; and
WHEREAS, Licensor is agreeable to the useunder the terms and eondi.tions set forth be]ow.
of its property
NOi{, THEREFORE, for and in consideration of the performaneeof the covenants and agreements of the parties to this Agreement,the Licensor does hereby grant to the Licensee the non-exclusiveuse of the f ol-lowing described real property for the construc-Lionr maintenance and repair of two 3" seeondary electricar powerLines, as set forbh in this License Agreement:
I.
SEE EXHIBIT ''A'"
Use of Site. The site is to be used for the con-struetion, maintenance and repair of the aforementiohed secondaryereetrical power lines and for no other purpose whatsoever. TheTown of Vail agrees not to interfere with Licensee's use of thereal property descri-bed on Exhibit A for the purposes describedherein, except that Licensee agrees that the Town of Vail may, atil-s sore option and expense, relocate the above -d.e sc ribed utili-ties within the Founder's P1aza, as descri"bed on the attached Ex-hibit A' so long as it replaces said utilities and d.oes not un-reasonably inLerfere wi.th the Licenseets beneficial use of thereal property described on Exhibit B.
2. Term. This license shallexecution of this License Agreementelectrical power lines are renoved or
extend from the date of the
until the aforementioned
abandoned.
3. Condition of Site. During the term of this LicenseAgreement, Lieensee shall keep the prenises l-icensed under thisAgreement in good condition. Licensee aglrees to undertake noactivity which cou.rd be hazardous or detrimental- to the communi-
-r-
ty, and to abide F"r, the statutes of th" T" of Cotorado andordinances of the Town of Vai,l
4.Release Fron Liability.
Licensor from
The Licensee hereby releases
any and al-l liabi.lity arisingand discharges thefrom this Agreement
R Indemnification. Licensee hereby agrees that itshal1 indemnify, defend ancl hold harrnless Licensor and its suc-cessors and assigns from, against, and with respect to any claim,1labi1ity, obligation, 1oss, damage, assessment, iudgnent, costor expense ( including, without limitation, reasonable attorneys'fees and expenses and costs and expenses reasonably incurred i"ninvestigating, preparing or defending against any ritigation orclaim, action, suit, proceeding or demand, of any kind or charac-ter)r of or in any manner relating or attributable to any claimsor damages arising from Licenseers activities associated wi-thfhis License Agreement.
6. Covenant Running With the Land. This License Agree-ment shall be a covenant running with the land described on Exhi-bit "A" and shall- be for the benefit of Licensee, subsequent own-ers of the real property described on Exhibit B.
7. Notice. AIt notices and communications requiredhereby shal-l- be in writing and shal] be sent by certified rnail tothe following addresses:
Licensor:The Town of Vail
P. O. Box 100
VaiI, Coforado 81658
H K C Linited Partnership/t'/lr s,SeAn,atrffih
/dtro {".tavnsr Dr.ffi-^' Vai.I , Colorado &l-6-54-8/6f7Notices shel-l be deemed properJ.y given when mailed by certified.nail, postage prepaidr addressed to the parties at the above ad-dresses. Any such noti.ce or demand shal1 be deemed to have beengiven or made at the time it is deposited in the united statesMaiI. Either party may change j-ts address of record. by givingwritten notice of the change to the other party.
8. Waiver. Failure or delay on the part of Lj-censee orthe Licensor Lo exercise any right, power or privilege hereundershalL not operate as a waiver thereof.
9. lnsuranee. During the entire term this LicenseAgreenent is in effect, t-he Licensee shal-l keep the subject 1i-censed prernlses i"nsured r 3t its sol-e cost, against craims f orpersonal injury and property darnage on account of its activitiesconducted pursuant to this License A€reement, under a policy ofgenerzrJ- pubri-c liability insurance rvith limits of at 1east.
$500 ' 000.00 for bodily i-njury. The policy shar.r. name the Licen-sor as an addi t.ional insured. Upon the request of Licensor, the
Licensee I
-2-
10, Default. In the event the Licensee is in defau]-t ofany provision or covenant of this License Agreement and such de-fault is not cured by Licensee within ten (10) days after writtennot,ice to the Licensee by the Licensor of such default, or ifsuch defau-lt cannot be cured within such ten (10) day period andLicensee has not commenced work to remove such default within theten (10) day period, then this License Agreement may terminate atthe el- ee t i- on of Licensor,
11 . Prior Negot j.ations, This License Agreement consti-tutes the entire agreement of the parties hereto and shall super-
eede all prior offers, negotiations and agreements.
Licensee sha11 de1!7er to
that such insurance is in
theeffect Licensor ".*ftr.rtes certifying
No revision of this License Agreenent
in writing and signed by an authorized
Licensee.
and agreed that
and successors
set the hand of
12, Amendments.shall bu ualiE-r'.,.tj-E==-iu.d"officer of Licensor and by
13. Appl-ieabLe Law. This License Ag:reement is enteredinto at Vail, Eagl"e County, Co.Iorado r and it is agreed that theproper juri.sdicti-ons and venue of any action pertaining to theinterpretation or enforcement of this License Agreement shall bein the County or District Court of Eagle County, Colorado. ThisLicense Agreemerr t shafl be interpreted under the laws of theState of Colorado.
14, Binding Agreement. It is understoodthis Agreement shall be binding upon the assignsin interest of the parties hereto.
1N WITNESS WHEREOF, the parties hereto havetheir respective aulhorized officers.
" Li- censee "
H K C PARTNERSHfP, a CoIo-rado -I imi ted partnership
General Partner
fTrtV
By:
" Licensor "
THE TOWN OF VAIL, a Colorado
Municipal corporation
PauL Johnston
Mayor
Attest:
Pamel-a Brandmeyer
Town Clerk
-3-
STATE OF COLORADO
COUNTY OF EAGLE
Subscribed and sworn to before ne this1986, by Paul Johnston, Mayor of The Town ofMuniei.pal corporation.
day of JuIy,
Vail. a Colorado
Witness my hand and official seal My conmission expires:
Notary Publ i c
Address
STATE OF COLORADO
COUNTY OF EAGLE
ss.
Subscribed and sworn to before me
olorado Linited partnership.
Witness ny hand and officiaf s eal"My commission expires;
thi. sofH day of July,
Partnershlp,
/l4Ax d, S; l^,^..Jt Notary Publ-ic
Address
-4-
EXHTBIT B
TO
LICEI{SE AGREEI'IENT
A part of Lot C, Block 5-C, VAIL VILLAGE, FfRST FILING,
County of Eagle, State of Colorado, more partieularly deseribedas fol lows :
Commencing at the Northeast corner of Lot B, said Block 5-Ci thence tr-esterly along the Northerly line of said Lot B,being on a curve to the left having a radius of 582.?9feet, a cenbral angle of 08 degrees 03 minutes 06 seconds,an arc dlstanee of 86.48 feet; thence Sout-h 10 degrees 30minutes 16 seconds East, 134.00 feet to the true poirrt ofbeginning i thence continuing along the aforesaid course36.00 feet; thence liorth 79 degrees 29 minutes 44 secondsEast, 44.00 feet; thence North 10 degrees 30 minutes 16 se-
conds West, 42.00 feet; thence South 79 degrees 29 minutes4il seconds West, 40.00 feet to the true point of begiinning.
Town of Vail, County of EaEif e, State of Col"orado.
d;, ltU '--i-t
REC'OJUL-81986
DrianOQeillv
Attornev at Law'
n n.oe*i*6t Corporation
July 7, 1986
Mr. Larry Eskwj.th
Town of Vail Attorney
75 South Frontage Road WestVai1, Colorado 81657
Re: H K C Limited partnership
Dear Larry:
r would like to ask that you send me an executed copy of thelicense agreement relating to H K crs use of the Founder'sPlaza for the installaLion of two secondary power lines.
_r malLed an originaL License Agreement to you on June 17, andDave- rrish may have provided a d.uplicate oiiginal to you priorto that time.
r would also Like to inquire into the status of lhe executionof the Declaration of Restrictive Covenants regarding Gary
Y"ff1+"'s requirement that H K C agree to brin! the new H K CBuilding up to code, in the event lhat r,odge pioperties deve-lops the easternmost section of its properiy, It this hasbeen approved and executed by the fown of V;il, please havethe document recorded, or relurn the originar io'me for re-cordinq.
ypurs,
eiIIy
BOR/bd
Vail National Bank Building . P. O. Box 29'l 1 . Vail, Cotorado Bl658 . (903) 476-2535
Brian
,'' o
LICENSE AGREEMENT
THIS AGREEMENT, entered into this _ day of June, 19g6,bv and between th." -r"rl_of vai1, a colorad6-t"I.rrri.ipa1 corporation(hereinafter ca1led "Licensor" i and HI(c Lirnited. partnership, acolorado lirnited partnership (hereinafter referred to as ,'Licen-
see -| .
REClTALS:
WHEREAS, Licensor owns the rear property described in theattached Exhibit "A", rocated. in the Town of vailr county ofEa'gfe, state of c,olorado, upon which the Licensee desi.res to ro-eate two 3" secondary electric power lines; and
WHEREAS, Licensee ownsthe attached Exhibit B whichowned by Licensor; and
certain real property described inis contiguous to the real property
WHEREAS r Licensor is agreeable to the use of its propertyunder the terms and cond.itions set forth below.
No!{ ' THEREFORE, for and in consideration of the performanceof the covenants and. agreements of the parties to this Agreement,the Licensor does hereby license and perrnit the Licensee to usethe following described- rear property for the construction, main-tenance and repair of two 3" secondary erectrical power lines, asset forth in this License Agreement:
SEE EXHIB
I . Use of Site. The site is to be used for the con_struction, maintenance and repair of the aforementioned secondaryelectricar power r-ines and for no other purpose rhrt=o",,r"".
?, Term' This }icense sharr extend from the d.ate of theexecuti-on of this License Agreement untif the aforementioned.electrieal power lines a"a ""lnorred or abandoned.
. condition- ql gite- During the term of this Li-censeAgreement, Lieensee sharr teEp ttre premises licensed und.er thisAgreenent in good condition . Licensee agrees to und.ertake noactivity which courd be hazardous or detrirnental to the cornmuni_ty' and to abide by all the statutes of the state of coforado andordinances of the Town of Vai1.
4' Releage l+om Liabiritv. The Licensee hereby releasesand dischars;;-thE Li""-"urr=o"-F6iil *rry and arl liability arisingfron this Agreement.
5 . IndSrnffi_Ci_cali_qff . Licensee hereby agrees tha.t itshaIli'de'.'ifffid'harrn1essLicensoranditssuc-
-1-
cessors and assigns f rom, against, and with rbspect to any c1aim,liability, obligation, 1oss, damage, assessment, iudgment, costor expense ( incruding, without lirnitation, reasonable attorneys t
fees and expenses and costs and expenses reasonabry incurred ininvestigating, preparing or defending against any Iitigation orcrain, action, suit, proeeeding or denand, of any kind or charac-ter), of or in any manner reLating or attributable to any claimsor damages arising from Licensee,s activities associated. rviththis License Agreemenr.
6. Covenant Running With the Land. This License Aelree_nent shall be a covenant running with the land described on Exhi-bit "A" and shall be for the benefit of Licensee, subsequent own-ers of the real property described on Exhibit B.
7 , Notice . AII notices and communieations requiredhereby shal-l be in writing and shal_l be sent by certified. mail tothe following addresses:
Licensor i The Town of VaiLP. O. Box 100Vai1, Colorado 81658
Licensee:H K C Limited Partnership A,c/o t"!r. DgvtrFtffirfsh- fttAX { Jel*dift-€--Beae-**94 llf,o tuat6'af-sr D(.Vail, Colorado a4+ffi- g{6,f2
Notices shall" be deemed properly given when rnaired by certified.mail, postage prepaid, addressed. to the parties at the above ad.-dresses. Any such notice or demand. shall be deemed to have beengiven or made al the time it i.s deposited in the united statesMaiI . Either party may change its add.ress of record. by gir.ingwriLten notice of the change to the other party.
8. Waiver. Failure or delay on the part of Licensee orthe Licensor to exereise any right, power or privilege hereundersha1l not operate as a waiver thereof.
I . fnsurance . During the entire term this LicenseAgreement is in effect, the Li-censee shalr keep the subject 1i-censed premises insured, at its sol-e cost, against crairns forpersonar injury and property damage on accou^t of its activitiescondueted pursuant to this License AEireement, und.er a policy ofgenerar public riabi-lity insurance with lirnits of at least$500'000.00 for bodilv injury. The policy sharl name the Licen-sor as an additional insured. upon the request of Licensor, theLicensee sha1l deliver to the Licensor certificates certifyingthat such insuranee is in effect.
i0. Default. rn the event the Licensee is in default ofany provisi-on or covenant of thi"s License Agreement and such de-fault is not cured by Licensee within ten (10) days after writtennotice to the Licensee by the Lice.sor of such d.efau1t, or ifsuch default cannot be cured. within such ten (10) day period andLicensee has not commenced work to remove such default within the
-2-
ten (10) daythe election
period, then
of Licensor.
this License Agreement may terminate at
11. Prior Negot j-ations . This License Agreement consti-tutes the entire agreement of the parties hereto and shal] super-cede alL prior offers, negotiations and agreements.
12. Amendments . No revision of this License AgreementshalL be valid unl"ess made in writing and signed by an authorizedofficer of Licensor and by Licensee.
13.Applicable Law. This License Agreement is enteredinto at Vail, Eagle County, Colorado, and it is agreed that theproper jurisdictions and venue of any action pertaining to theinterpretation or enforcernent of this License Agreement shalr bein the County or District Court of Eagle Countyr Colorado. ?hisLicense Agreement shalL be interpreted under the Laws of theState of Colorado,
14. BindinE AElreement. It is understood and agreed thatthis Agreement shall be binding upon the assigns and successorsin interest of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set the hand oftheir respective authorized officers.
"Licensee "" Li censor "
THE TOWN OF VAIL, a Colorado
Muni.cipal corporation
By:
Paul Johns ton
Mayor
Attest:
Pamela Brandmeyer
Town C 1e rlr
KCPARTNERSHIP, aColo-rado limited partnersh ip
General Partner
fr/l x d, SuA n ,//
-1-
Subscribed and sworn to before me this1986, by PauI Johnston, Mayor of The Town ofMunicipal corporation.
STATE OF COLORADO
COUNTY OF EAGLE
STATE OF COLORADO
COUNTY OF EAGLE
Subscribed and sworn to before me thisby. Dcr+i**-L*j,s.h, as General partner of
day of June,
Col oradoVaiIr a
HKC
day of June,
Partnership,
My conmission expires:
Notary Publ-ic
Address
ss.
ss.
I{itness my hand and official seal .My commission expires:
Notary PubIic
Address
Colorado Linit.ed partnership.
Witness ny hand and official seal
fUtr { So4-. ,Jf
-4-
o
EXHIBIT 'IA''
WALL STREET
-r'/'
5 -c
,. LOT c
LOT 2
A 3 foot wide strip of laud across Lot l, A Resubdivision of Part of Lot a and Part
of Lot c, Block 5-C, Vail Village, First Filing according to the map thereof recorded
in the office of the Eagle Country, Colorado, Clerk and Recorder lying 1.5 feet
each side of the following described centerline;
Beginning at a point on the northeriy line of said Lot l, whencJth. *o"t westerly
corner of said Lot l bears S 29" 29' 44', W 4.62 feet; thence departing said northerly
line S 81" 34' 50'E 37.39 feet; thence S 48' 28'32" E ?8.20 feet to the point of
terminus on the easterly line of said Lot I whence the southeast corner of said
Lot I bears S 11' 0?'00" E 24.?5 feet.
side lines of the strip are shortened or lengthened to terminate
and easterly line of Lot l.
\i
\
\
\
\
\
\
\
The
line
BLOCK
LOT I
FOUNDERS PLAZ
(€xtsTlN G)
ov€RXAf.G, PEO€STR|A| g
utrlrrY €^sEr.ENT \\ --_
-.->\-...-\
HONG KONG
r /,- /nt
o / /u;Tbffi
A part of Lot C, Block 5-C, VAIL VILLAGE, FIRST FILING,county-of Eagle, state of cor.rado, more particularry d.escribeiras folLows:
EXHIBIT B
TO
LICE}iSE AGREEMENT
commencing at the Northeast corner of Lot B, said Block E-C; thence Westerly along the Northerly line of said Lot B,being on a curve to the left having a radius of bgA.?gfeet' a central angre of 08 degrees 03 minutes 06 seconds,an arc distance of 86.48 feet; thence South l0 degrees 30minutes 16 seconds East, 194.00 feet to the true poirrt ofbeginning; thence continuinE along the aforesaid course36 ' 00 feet; thence North ?g degrees 29 minutes 44 second.sEast, 44.00 feet; thence North 10 degrees 3o minutes 16 se-conds l.Iestl 42.00 feet; thence south i9 degrees 29 minutes44 seconds West, 40.00 feet to the true point of beginning.Town of VaiI, County of Eagle, State of Colorad.o.
LICENSE AGREEMENT
THIS AGREEMENT, entered into this day of May, 1986, by
and between the Town of Vail, a Colorado Municipal Corporation(hereinafter called "Licensor" ) and HKC Limited Partnership, a
Colorado lirnited partnership (hereinafter referred to as "Licen-
see" ) .
NECTTALS:
WHEREAS, Lieensor owns the real property described in the
attaehed Exhibit "A", located in the Town of VaiI, Eagle County,
Colorado, upon which Licensee desires to located a r.rheelchair
ranp which is also partially located on the real property owned
by Licensee and described on the attached Exhibit "8".
WHEREAS, Licensee desires authority to use the area of the
aforenentioned property upon which tho wheelchair ramp will be
located, and Li.censor is agreeable to the use of such property
under the terms and conditions as set forth below.
NOW ' THEREFORE I for and in consideration of the performingl
of the covenants and agreenents by the parties to this Agreement,
the Licensor does hereby license and permS-t the Licensee to use
the fol-lowing described property for the construction and mainte-
nance of a wheelchair ramp as set forth i.n this License Agree-
ment:
SEE ATTACHED EXHTB]T ''A'"
1 . Use of Site. The site is to be used for the eon-
struction, maintenanee and repair of the aforementioned wheel-chair ramp and for no other purpose whatsoever.
2, Term. This llcense shall extend from the date of the
execution of this License Agreement until the aforementionedwheelchair ramp is removed or abandoned.
a Condition of Site. Durins the term of this LicenseAllreementr Licensee shal1 keep the premises licensed under this
Aglreement in good condition . Lieensee agrees to undertake noactivity which could be hazardous or detrimental to the coumuni-
ty' and to abide by aII the statutes of the State of Colorado and
ordinances of the Town of VaiI.
4. Release Fron Liability. The Licensee hereby releasesand discharges the Licensor form any and all liability arisingfrom this Agreement.
5.fndennification . Licensee hereby agrees that itshal-l- indemnify, defend and hotdcessors and assigns from, against,
harmLess Licensor and i.ts suc-
and with respect to any claim,
-1-
Liability, obLigaJn, 1oss, damage, "=""=",rft, iudgnent, cost
or expense ( including, without linitation, reasonable attorneys'
fees and expenses and costs and expenses reasonably incurred in
investigati.ng, preparing or defendincl against any litigation or
c1aim, acti,on, suit, proceeding or demand, of any kind or charac-
ter)r of or in any manner relating or attributable to any claims
or damages arising from Licensee's activities associates with
this License Agreement.
6. Covenant Running lfith the Land. This License Agree-
ment shaLL be a covenant running with the land described on Exhi-
bit "A" and sha]l be for the benefit of Licensee and all subse-
quent owners of such property.
7 Notice . A1l, notices
herein sha]l be in writing and sha1lthe f ol-lowing addresses :
Licensor;
5.Waiver. Fai l"ure
the Licensor to exercise any
shall not operate as a waiver
and communications required
be sent by certified mail to
The Town of Vai ]
P, O. Box 100
VaiL, Colorado 8i658
Licensee:
Notices shall be deemed properly given when mailed by certified
maiL in a sealed envelope, postage prepaidr addressed to the
above addresses . Any such notiee or demand shal".l be deerned to
have been given or made at the time it is deposited in the United
States Post Office. Any party may change its address of record
by giving written notice of the change to the other party.
H K C Linited
c,/o Mr. David
P, O. Box 2294
Vai1, Colorado
PartnershipK. Irish
81658
or deLay on the part of Licensee or
right, power or privilege hereunder
thereof.
9 . Insurance . DurinEl the entire term this License
Agreenent is in effect, the Licensee shall keep the subject Ii-
censed prenises insured, at its sole cost, against claims for
personal injury and property damage under a policy of general
public liability insurance with lirnits of at least 9500'000.00
for bodily injury. The poLicy shall name the Licensor as an ad-
ditional insured. Upon the request of Licensorr the Licensee
shalL deliver to the Licensor certificates certifying that such
insurance is in effect.
10. Default. In the event the Li-censee is in default of
any provision or covenant of this License Aglreement and such de-
fault is not cured by Licensee within ten (10) days after written
notice to the Lieensee by the Licensor of such default, or if
such default cannot be cured within such ten (10) day period and
Licensee has not eornmenced work to remove such default within the
ten (10) day period, then this License Agreement shall terninate
at the election of Licensor,
-2-
11. PrioOeeotieti!,n.s-. This Licenfae.."t"nL consti-
tutes the entire ag=reement of Lhe parties hereYo and shall super-
cede all prior offers, negotiations and agreements.
72 Arnendments. No revision of thi.s License Agreement
signed by an authori. zed
understood and agreed that
the assigns and suceessors
hereto have set the hand of
shall be valid unless made in writing and
officer of Licensor and by Licensee.
1a Applicable Law. This License Agreement is entered
i.nto at Vai1, Eagle County, CoIorado, and it is agreed that the
proper jurisdictions and venue of any action pertaining to the
interpretation of enforcement of this License AElreement shaLl be
in the County or District Court of Eagle County' Colorado. This
License Agreement shaLl be interpreted under the laws of the
State of Colorado.
14. Binding Agreement. It is
this Agreement shal-L be binding upon
in interest of the parties hereto.
IN WITNESS WHEREOF, the parties
their respective authorized officers.
"Licensee "
H K C PAR?NERSHIP, a Colo-
rado limited partnership
By:By:
" Licensor "
THE TOWN OF
Municipal
VAIL, a Colorado
corporation
David K.
General
Irish
Partner
Paul Johnston
Mayor
Attest I
Panela Brandneyer
Town Clerk
-3-
Subscribed and sworn to before me this _ day of May,
1986, by Pau.l- Johnstonl Mayor of The Town of Vai1, a Colorado
Munieipal- corporation.
hritness ny hand and official- seaL. My commission expires:
Notary Public
Address
STATE OF COLORADO
COUNTY OF EAGLE
STATE OF COLORADO
COUNTY OF EAGLE
ss.
ss.
Subscribed and sworn to before me this _ day of May,
1986r by David K. Irish, as General Partner of H K C Partnership,
a Colorado l- ini ted partnership.
Witness my hand and official seal . My commission expires:
Notary Public
Address
-4-
EXHIBIT B
TO
LlCENSE AGREEI*IENT
A part of Lot C, Block 5-C, VAIL VILLAGE, FfRST FILII{G,
County of Eag1e, State of Colorado, more particularly describedas follows:
Commencing at the Northeast corner of Lot B, said Bloek 5-
C; thence Westerly along the Northerly li.ne of sai"d Lot B,being on a curve to the left havingl a radius of 582.79feet, a central angle of 08 degrees 03 minutes 06 seeonds,
an arc d j-stance of 86.48 feet; thence South 10 degrees 30
minutes 16 seconds East, 134.00 feet to the true point of
beginning; thenee continuing along the aforesaid course
36.00 feeti thence North 79 degrees 29 ninutes 44 seconds
East, 44.00 feet; thence North 10 degrees 30 minutes 16 se-
eonds hrestr 42.00 feet; thence South 79 degrees 29 minutes
44 seconds West, 40.00 feet to the true point of beginning.
Town of Vail, County of Eagler State of Colorado.
LICENSE AGREEMENT
THIS AGREEMENT, entered into this _ day of June, 1986,by and between the Town of Vail, a Colorado Municipal Corporation(hereinafter called "Licensor") and HKC Linited Partnership, aColorado linited partnership (hereinafter referred to as "Licen-
see" ) .
RECITATS:
WHEREAS, Licensor owns the real property described in theattached Exhibit "A", located in the Town of Vai1, County ofEagle, State of Colorado, upon which the Licensee desires to 1o-cate two 3" secondary electric power lines; and
WHEREAS r Licensee owns certain real property described inthe attached Exhibit B which is eontiguous to the real property
owned by Lieensor; and
WHEREAS, Licensor is agreeable to the use of its property
under the terms and conditions set forth be1ow.
NOWr THEREFORE, for and in consideration of the performance
of the covenants and agreements of the parti.es to this Agreement,the Licensor does hereby license and permit the Licensee tn usethe following descri.bed real property for the construction, nain-
tenance and repair of two 3" secondary electrical power li-nes, asset forth in this License Agreement:
SEE EXHIBIT ''A'"
1 . Use of Site. The site is to be used for the con-struction, maintenance and repair of the aforementioned seeondaryelectrical power lines and for no other purpose whatsoever.
2. Term. This license sha11 extend from the date of theexecution of this License Agreement until the aforementionedeleetrical power lines are removed or abandoned.
3.Condition of Site. During the term of this License
Agreement r Licensee shall keep the premises licensed under thisAgreement in good condition.Licensee agrees to undertake noactivity which could be hazardous or detrimental to the communi-ty' and to abide by all the statutes of the State of Colorado andordinances of the Town of Vail_.
4. Release Fronr Liability. The Licensee hereby releasesand discharges the Lieensor form any, and all liability arisingfrom this Agireenent.
5 . Indemnification . Licensee hereby agrees that itshall indennify, defend and hold harmless Licensor and its suc-
-1-
-Ucessors and assigns f rom, against, and with respect to any c1aim,
liability, obligation, 1oss, damage, assessmentr judgnent, cost
or expense ( includingr without linitation, reasonable attorneys t
fees and expenses and costs and expenses reasonably incurred in
investigating, preparing or defending against eny liti€ation or
claim, action, suit, proceeding or demand, of any kind or eharac-
ter) r of or in any manner relating or attributable to any clairns
or danages arising fron Licenseets activities associated wj.th
this Lieense Agreement.
6. Covenant Running i,lith the Land. This License Agree*
ment shal1 be a covenant running with the land described on Exhi-
bit "A" and shall- be for the benefit of Licensee, subsequent own-
ers of the real property deseribed on Exhibit B.
I Notice . A11 notices and communications required
hereby shalL be in writing and shall be sent by certified mail to
the following addresses:
Licensor !
L]-Censee:
The Town of Vail
P. O. Box 100
Vail r Coforado 81658
H K C Linited Partnership
c/o l4r. David K. lrish
P. O. Box 2294
Vai1, Colorado 81658
Notices shall be deened properly given when mailed by certified
mai.l, postage prepaid I addressed to the parties at the above ad-
dresses. Any such notice or denand shall be deemed to have beengiven or made at the tine it is deposited in the United States
Mail . Either party may change its address of record by giving
written notiee of the change to the other party.
8. Waiver. Failure or delay on the part of Licensee or
the Licensor to exercise any right, power or privile$e hereunder
shall not operate as a waiver thereof.
I . Insurance . During the entire terru thi-s License
Agreement is in effect, the Licensee shall keep the subject li-
censed premises insuredl at its sole eost, against clai.rns for
personal injury and property danage on account of its activities
eonducted pursuant to this License Agreement, under a policy of
general public lia.bility insurgnce with lirnits of at least
$500'000.00 for bodily injury. The poli-cy shall name the Licen-
sor as an additional insured. Upon the request of Licensor, the
Licensee shall deliver to the Licensor certi.f icates certifying
that sueh insurance is in effect.
10. Defaultl In the event the Licensee is j-n default of
any provision or covenant of this License Agreement and such de-
fault is not cured by Lieensee within ten (10) days after written
notice to the Licensee by the Licensor of such default r or if
such default cannot be cured within such ten (10) day period and
Licensee has not comneneed work to remove such default within the
-2-
oaten (10) day period, then this Lieense Agreement may terminate at
the election of Licensor.
11 . Prior Negotiations. ?his License Agreement consti-
tutes the entire agreement of the parties hereto and shal-l super-
eede all prior offers, negotiations and agreenents.
12. Amendments. No revision of this License Agreement
shal1 be valid unless nade in writing and signed by an authorized
officer of Licensor and by Licensee.
13. Appl-icable Law. This License Agreement is entered
into at Vail, Eaglle County, Colorador &nd it i.s agreed that the
proper jurisdictions and venue of any action pertaining to the
interpretation or enforcement of this License Agreenent shall be
in the County or District Court of Eagl-e County, Col"orado. This
License Agreement shall be interpreted under the laws of the
State of Colorado,
14. Bindind AEreement:_ It is understood and agreed that
this Agreement shall be binding upon the assigns and suecessrors
i.n interest of the parties hereto.
fN WITNESS WHEREOF, the parties hereto have set the hand of
their respective authorised officers.
" Li censee "
H K C PARTNERSHIP, a Colo-
rado linited partnerehip
By:
David K. Irish
General Partner
By:
"Licensor"
THE TOWN OF VAIL, a Colorado
Municipal corporation
Paul Johnston
Mayor
Attest:
PameIa Brandmeyer
Town Clerk
-3-
Subscribed and sworn to before me this _ day of June,1986' by Paul Johnston, Mayor of The Town of Vait, a ColoradoMunicipal corporation.
Witness my hand and official seal . My commission expires:
Notary PubIic
Address
STATE OF COLORADO
COUNTY OF EACLE
STATE OF COLORADO
COUNTY OF EAGLE
gs.
ss .
Subscribed and sworn to before me this _ day of June,1986, by David K. rrish, as General partner of H-K c partnershipj
a Colorado 1i-nited partnership.
Witness my hand and offieial seal . My commission expires:
Notary PubIic
Address
-4*
EXHIBIT ''AII
WALL STREET
5 -c
LOT c
LOT 2
A 3 foot wide strip of land across Lot 1, A Resubdivision of Part of Lot a and Part
of Lot c, Block 5-C, Vail Village, First Filing according to the map thereof recorded
in the office of the Eagle Countryr Colorado, Clerk and Recorder lying 1.5 feet
each side of the following described centerline;
Beginning at a point on the northerly line of said Lot 1, whence- the most westerly
corrrer of said Lot I bears S 79. 29, 44" W 4.62 feet; thence departing said norther"ly
line S 81' 34' 50u E 37.39 feet; thence S 48' 28' 32" E 78.70 feet to the point of
terminus on the easterly line of said Lot I whence the southeast cor:ner of said
Lot I bears S 11' 07'00" E 24.75 feet.
The side lines of the strip are shortened or lenethened to terminate
line and easterly line of Lot 1.
\i
BLOCK
( gxrsTltlG I
UTILI'Y
EAS€MEXT
LOT I
FOUNDERS PLAZ
HONG KONG
t /. /^'
b/to'r76
-
EXHIBIT B
TO
LICENSE ACREEMENT
A part of Lot C, Block 5-C, VAIL VILLAGE, FIRST FILING,County of Eagle, State of Colorado, more partieularly describedas fol lows :
Conmencing at the Northeast eorner of Lot B, said Block 5-C; thence Westerly along the Northerly line of said Lot B,being on a eurve to the left having a radius of 582 .79feet, a central angle of 08 degrees 03 minutes 06 seconds,&n arc distance of 86.48 feeti thence South L0 deErees 30minutes 16 seconds East, 134.00 feet to the true point ofbeginning; thence continuing along the aforesaid course36.00 feet; thence North 79 degrees 29 ninutes 44 secondsEast, 44.00 feet; thence North 10 degrees 30 rninutes 16 se-conds West, 42 .00 feet; thence South 79 degrees 29 minutes44 seconds West, 40.00 feet to the true point of beginning.
Town of Vail, County of EaEIe, State of Colorado.
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Bloemendaal
Associates, Inc.
85 South Union Blvd. #206
Lakewood. Colorado 80228
'''--: . l:re lenr:i:.e:.:
'+2 '{egi lle aco-.; li \.ie
Va: r . Ccr oraco 8165?
Ac:n: i'I lke i{cGee
Dear- !"i i <e :
84 o?'- ry/
(303) 987-1581
outside colorado
Dial 1-800-522-0244
After tone enter 210150
/ PE: Hong
iicroper L i ?85
Thrs rs ro ccnf rrm cur. ccnversaEron of Septeinoei- 23. 1985.
Tne tto I r -!r'on noccs i. nsia , I ec at ti.,e sup.rect i ocat r cn are
nanuf aciureo exacc i'y i rre our ij.L. Lrstec Hooc syscerns: excepEfol horrzontal duct tat<e offs ano the rernovai of the frre oampers,
We have naoe prcvlslons co puc a frre proreciion nozzie in
ine oucr taKe off of eacn hoco. e nave ajso nace provrsic;'ts ic
cun r.he wasn systere ccnt ] nuous i 'y shou ic the f r ae prcteci i cn s:'sien
e';e: qc cf f . ri :c.'.::i: elec:i-lc;. cr:'-:i iic ;s e:c:ceec. )
T|.e :ire saf er,.' .isrec:s ci :ie hocc G'.'si ei ire .fg lc: lcr-'s:
i. Alsul Sur-f ;ce trrciec!ion.:;rc ouca Dr-oi ec! i clt ,
:. l,lciit l nuous: '--'L:et scri.ac:1io -=ciion c; ',1^.e I'illl-trcn '",rf t ea
Y=
, j-:r \;ir _-:-. _
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Ver'y, cruiV !'ours.
BLCEI'jgli;Ai- ASSCCTATt:i. . ::-..Z/M
PB:ew
.-.. . Iaf1
Ar- I en
Kat z
r-? a1 I I aqner
Freo Bioemenoaal. P. E.
Duraspeed@ Model lssue C Dry Fendent Sprinkler
Orifice Sizez1/2" (15 mm)
ffi
Ft
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Advantageso Fast responser Simple, proven
constructiono Automatic ooeration
o Protected solder jointr Fixed temperature
actuation
e Listed by ULl, ULCr Approved by FM', N.Y.
City BS&A, FOC
$l;b+sF
Applications
The lssue C Dry Pendent Sprinklers are th" orifice, solder-type
sprinkler assemblies designed for pendent installation in systems
wnicn witt be exposed to freezing conditions. Typical applications
would be occupancies such as unheated warehouses, parking
garages, shop windows, loading docks, lreezer plants, and other
areas exposed to freezing temperatures.
Description
The lssue C Dry PenCent Sprinkler is a fast'ooerating and durable
solder-type sprinkler that is rna;ntenance lree.
Corrst''uction is simple with a minimum of moving F'arts to assuie
dependable operation. The unique solder joint is covered with a
corrosion resistant cempound for additional pro'tection. The sprinkler
is designed to spread a blanket of finely distributed water over a fire.
T h e D ry P e n d e nt S p ri n k i e r o p e r at e s o v e l ir .ry
i {e^ 1an g-e-
-o^f -predetdrmined temperatures -from
'165'F (74"C) to 350"F (17fC)'
The sprinklers are available either with Spring Ceiling Plates for
installations under suspended ceilings with no obstrucdons which
would interfere with the sprinkler discharge or with Deep Ceiling
Plates for installations where ceiling mounted obstructions are
present.
Dry Pendent Sprinkler design details and identity of components are
shown in the cross section of the'assembly drawings in this
document.
***.'13'-:;.'$
?+riI'Srld'
'See Approvals Section on
this Document
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DISCHARGE CURVE
{
AUTOMATIC SPRINKLERS, ISSUE C DURASPEED
DRY PEN DENT, 1/2'' ORIFICE
Operation
Water is prevented from entering the sprinklers except upon
operation. When a sprinkier is exposed to its operating temperature,
the fusible elements separate and fail away. The Balls (2) and the
Ball Retaining Tube (3) fallthrough the orifice of the sprinkler (1)
permitting the lower end of the Ereaker Latch (7) to collapse and
release the Spring (6) from its compressed ?asition. The Spring then
forces the Breaker Latch upward to shatter the Water Seal Disc (9)
thus permitting an unobstructed discharge of water through the
operated sprinkler.
{
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DRY PENDENT SPFINKLER
WITH
SPRING CEILING PLATE
Din. Inch€sA As ordered'8-Min. 3.50B-Max. 4.00 1C Ai Ordsred'D-Min. 4.44 1D-Max. 5.38 1E-Min. 1.00E-Max. 1.50F-Min. I -94F-Max. 2.88G 3.00H 2.00
'Rcfcr to "Ord€ring Procedure."
DRY PENDENT SPRINKLER
WITH
DEEP CEILING PLATE
MM
88.90
01 .60
12.79
36.65
25.40
1q ln
73.15
76.20
50.80
Components:'l-Sprinkler
2- Ball {2 req'd}
3-Ball Fletaining
Tube
4-Ceiling Plate
5-Casing
6-Spring
7-Breaker Latch
Assembly
8-O R ing
9*wate. Seal
10-Water Seal
Washer
1 1-Water S€al
Retainet
1z-YVater Seal
Eody
14-ReraininE Pin
15-Solder
Approvals
issue C Dry Pendent Sprinklers are listed by Undenrvnters
laboratories, Inc. and Underwnters' Laboratories of Canada as
follows:. Temperature Ratings and Color Codes: Refer to Table A.o Finish (sprinkler component): Plain brass or chrome plated.r Ordered Length: Sprinklers with Spring Ceiling Plates - 2%"
minimum and 3 through 48" in Tz" increments. Sprinklers with
Deep Ceiling Plates - 17a" rninimum and It/z through 461h" in th"
increments.
lssue C Dry Pendent Spnnklers.are approved by Factory Mutual as
foliows:
. Temperature Ratings and Color Codes: Refer to Tables A and B.o Finish (sprinkler component): Plain brass or chrome plated.r Ordered Length: Sprinklers with Spring Ceiling Plates - 2s,t"
ninimum and 3 through 48" in 1/2" increments. Sprinklers with
Deep Ceiling Plates - 17g" minimum and 1Vz hrough 46Tz" in1/2"
increments.
lssue C Dry Pendent Sprinklers are approved by the Fire Offices'
Committee as follows:o Temperature Rating and Color Codes: Refer to Table B.o Finish (sprinkler component): Plain brass.o Ordered Length: Sprinklers with Spring Ceiling Plates * 2%"
minimum and 3 through 36" in 1/z" increments. Sprinklers with
Deep Ceiling Plates - 17a" minimum and 11/z through 34th" in rh"
increments.
TA
MT
ENRC
T
i
E
TEMP
COLOR
co0E
(PAINTED)
PL All'J
to ',YHIT E
ztsbr
t41C SLUE
J50F
tl lc REO
Dry Pendent Sprinklers are
available with sprinkler and
ceiling plate components with
either a plain brass or a
chrome plated finish. The
sprinklers are available with
temperature ratings as shown
in Tables A and B.
;
I
t
TABLE A TAELE B
t
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:
TR
MTPIENRGA5
T
U
E
F0c
TEMP
COLORcc0E(PAIN'EO)
r65F74C PLAIN
looc wi{lTE
?Ebr ELUE
77 Y ELLOW
INTERMEDIATH Lf;VFL SP$"{dNK[.ER
MODEI- F95O SOLDER TYPE, 1/2'' ORIFICE
GENERAL OESCRIPTION
The 'll2 inch orif ice Model Fg50 Inter-
mediate Level Sorinklers are a tusible
solder type, automatic sprinkler. They
are primarily designed for use in rack
storage sprinkler systems, where their
fusible elements must be shielded from
the water s.pray oi higher elevation
sprinklers which could operate earlier
during a. firo. Int6rmediat6 Loval
Sprinklers aro also used in applications
such as beneath open gridded cat.
walks. Figures A and B illustrate the
upright and pendent versions, respec-
tively.
APPROVALS AND STANDAR DS
The I /2 inch orifice Model F950 Inter-
mediate Level Sprinklers are listed by
Underwriters Laboratories Inc. as well
as Underwriters' Laboratories of Can-
ada. They are approved by the New
York City Eoard of Standards and
Appeals under Calendar Number 334-
79-SA and by the Factory Mutual
Research Corp. who classilies them
as Rack Storage Sprinklers.
Listings and approvals only apply to
the temperature ratings and finishes
stated in the Technical Data section.
WARNING
The Intermediate Level Snrinklers
descibed herein must be'installed
and maintabted in compliance with
this docament. as well as with the
applicable standords of the National
Fire hotection Associatian, in addi-
tion ta the standards of an! other
u)thorities having juisdiction. Fail-
ure to do so nay impair the integ-
rity of this device.
The owner is responsible lor nuintaitz-
ing his fire protection system and
devices in proper operating cottditiott.
The installing contractor or nanufac-
urer should be contacted relative to
an! questioni.
TECHNICAL DATA
The sprinkler Shield is a sturdy 4.1/8
inch diameter .05 inch rhick brass
plate. lt is factory assembled in the
case of the upright sprinkler (Figure
A). Field assembly of the shield com"
ponents to the pendent sprinker is re.
guired (Figure Bl. The Speednut,
Shield and O-ring Seal can be quickly
installeci over the threaded end of the
sp iin kler.
Detail information for the I /2 inch
PIP€ FITTI}6
SHIELD(0-53
DETL€CTOR)
MOOEL F95Or/2" oRrFlCE
EEFlfllLnwllx t/2" tPY
FIGURE A -FIGURE B - PENOENT
HOATZONTAL SrAClriG "ll" rr f E€T
t
--
(r-n)
N//l4a-lt _--il-_E-I I {rfi\)I i \\Y//LJ,-Y
PEiIOENT
CASE 1
.--,...1-I 7nSY {LJ-J)lr-._=s_ I/Ai
']:E' IFi|-- x --,--l
UPRI6HT
CASE 2
rffi| /f : ltY {L!]iE'/a\ iINdJ IFir+_ lt__-___.rr
IJPRIG'tT
CASE 3
Thc horlrontel spacing 'H" a^d vertlc!t lpactng "V,' between any tlro liA Inch o.l{icc F95Osprlnl{l€r5 d.scrlbed In Car.r l, 2, o. 3 ms5t NOT be ruch thal the lntercrpl ot thr two vrlectr.rri w|lntn tne rhtded trea. see InstBltatton sec.tion lor.ddillo'lil Inrtrlc on!
ll overhcad or adjrc.nl iDrlnklert are ot type! otnef th,rn th6 1/2 idch orltrce F950, uro th!hoalzontal and vertlcal rprclng llmltt given In thelr rclpacllvc intarrnrdlatc Lcvcl Spr,ntlarTech Ort! rhoets-
Fxamp,l€r Fo, a-horlzontrl tpaclng ol 9 taet ln CsJ€ l! th6 v.rticlt sp.cing must b! t.!r thln2 fc.t 6 Inch.5 (Polnt Al or mor! than 7 lc€t 3 inchet (Point ts}.
FIGURE C - INSTALLATION DIAGRAMS AND SPACING CRITERIA q:-
TD5O2
I
F
=
b
9
,t
I
soRrzonTAt s?AO\G _ll" In Ft€T
5
,f:::h::r :-:{
E-
---I--l-i-
= ACCEFTI
: ji-L_i _
BLE -:
CEPTABLE ldFIt?
--+: t-:;-1,=:
t{rrrr.rt:_+
r- l r -:i" l"l::]I-r1--:1:::
+ ACCEFTAB LE
i-L
-t I].t tt: t
l', '
HOir:o|\lTAL S?AC tNC "ti" lN rElT
34567b
Prinred in U.S.A. 3-83
INTERMEDIATF LHVEL SPR!T{KLER. MCDEL FgsO 'tl2" oRlFfcE
Dr3CH gl ll u.l, o^uox3 tEl rtllgtt rotx)
t tgEtr^l{t€ ||a urEtt P€t trrastE
FIGURE D
NOMINAL DISCHARGE CURVE
orifice Model F950 Sprinkler is given
on Technical Data Sheet TD517.
Upright Intermediate Level Sprinklers
are available with natural brass or
chrome plated finishes in 165F/74C,
212Fl10OC and 286F/14lC temoera.
tute ratings. They are also available
with Corroproof war and lead coated
finishes in 165F l74C and 212F|1OQC
ratings, Pendent Intermediate Level
Sprinklers are available only with nat-
ural brass or chrome plated finishes in
165F174C, 212F/1O0C and 286F/
l41C rarings.
Upright and Pendent IntermeCiate
Level Sprinklers are rated for uso at a
maximum service pressure of '175 psi.
The Upright and Pendent Intermediate
Level Sprinkler Shields are designed so
that their fusible elements are not wet.
ted by wEter discharging from higher
elevstion sprinklers, wlren spacings are
outside the vertical and horizontal
limits specified in Figure C. The spac-
ing limits given in Figure C apply to
the highest spray trajectory of the
discharging sprinkler.
NOTE
Appliuble in-rack spcing rules of thea hoi4t having iurisdictlon take pre-
cedence over the limi$ given in Fg-
urcc-
The nominal discharge curve plotted
@ Registered trademark of GRTNNELL FIRE
in Figure D represents the flow, "O"
in U.5, gallons per minute (gpm), at
d6termined by the formula: O=Kffp;
where the nominal sprinkler discharge
coefficient "K" = 5.55 and "9" =pressure in pounds per square inch
{psi). Listing standards permit the
actual value ol "K" to vary from 5.3
to 5.8. By substitutJon in the formula
ot the appropriate Sl (lnternarional
System) units of measursment listed
under "Conversion Factors," O, K and
p values in Sl units can be calculated.
INSTALLATION
Upright Intermediate Level Sprinklers
are shipped assembled, Pendent lnter.
mediate Level Sprinklerc must be
assembled in the field. Refer to Figure
B {or proper orientation of the parts.
The Speednut is installed by rotatingit clockwise and screwing it over the
threads, The O.ring is rolled over the
threads. When properly assembled and
installed, the O-ring and Speednut
will be slightly compressed, thereby
f irmly holding the Shield in its proper
position.
NOTES
The Oing Seal nast be installed in
order ta prannt possible dripptns of
sprcy onto the link, due to the cleor-
ance bet\eeen the shield mounting hole
and the thrcaded end ol thc spinWer.
Use the Model F799 Offset Wench
shown in Figure E for installation of
natuml brass, chrome plated and leod
coated. sprinklen. Use an 8 or 10
inch crescent vrrcnch to install wex
coated sprinklen,
Spinklen natt be installed vertically
within 2o, in order for the spacing
criterir given in Figure C to apply.
CARE AND MAINTENANCE
Sprinklerc must never be shipped or
stored where temperstures wil; exceed'100F/38C and must never be painted.
p:ated, coated or otherwise altered
afrer leaving the tactory. Modified
sprlnklers must be replaced.
Care must be exercised to avoid dam-
age to the sprinklers - both before
and after installation. Sprinklers dam-
aged by dropping, striking, wrench
tvrist/slippage, or rhe like, must be
reDlaced.
WARRANTY
Seller warrants for a period of one
year from the date of shipment {war.ranty period) that the products fur.
nlshed hereunder will be free from
defects in material and workmanship.
For further details on llamnty, see
Price Litt.
ORDERING PROCEDURE
Strinkler Ar!€mblior:
Specify: 1/2" orrficg, (specify temper-
ature rating), Model Fg50 Intermedi-
ate Level {specify upright or pendentt
Sprinkler with (specify type of finish
or coating), PSN (specify).
112" Medal Fg50 Intrrmrdirr. Lry.l
Upright $p.inkl.n
Chtom. Pl.hd Finirh
165F174C PSN 50-953-9-165212F1100C,, . . . . psN50_9L3-9-2r2
286F/141C . . . .. .PSN50_953_9_?86
Corroproof Wrx Coating
165Ft74C PSN 50-953_6_165
212F|1coC . . . . . . PSN 5O-953-6-?t?
L6ad Coatine
165F1't4C PSN 50-953-7-t65
212F11WC . . . .. . PSN50-953_?_212
1lZ" Modcl F95O lrto(mrdin. L.rrl
Pcndent Sprinktrn
Naturul 8rs Finbh
165Ft?4C PSN s0-952-l -165?12Ft100C . . . . . . PSN 50-952-1-2122B6F/r4tC . . . . . . PSN 50-95?-1-286
Chroms Phtd Finish
16sFt74C PSN 50-952-9-155
212Ft109C . . . . . .pSN 50-952-9-212
2B6F/141C ...... PSN 50*952-9-286
Separately Ordered Parts:
Specify; Model F799 Offset Sprinkler
Wrench, PSN 56-452-l-001.
Replecemert ParB:
Specify: icescrioti<inl for use with
lntermediate Levei Pendent Sprinkter,
PSN (spectfyl.
O-52 Deflactor Shietd for 112" NlI,
Plain Brsis, . . . . . . PSN9l-070-1--OSa
O.5? Deflector Shisld tor 112" NW,
Chro.ne Plsted. . . . . PSN 91-070-9-05?
O-Rine . . PSN 62-578-1-1 18
Speed Nut lot | 12"NPT
. . . . . . PSN 62_960_1_004
To order replacement pendent sprink-
lers, ;'efer to Technical Data She€tTD517. Replacement Deflec,tor
Shields are not available for upright
sprinklers.
CONVERSION FACTORS
Parenthelie"al metric convarlionr citcd h!r},
in are sFproximat6.
q
r
a
t.t
t
2.O ;
r.r t
inch
foot
p3i
U-S.Gallon
?5.40O trm
0.3048 m
6.895 kPr
0.0689 bar'
o.0703 kglicm2'
3.785 dm'r
3.785 litr€rrNot recognired Into.nationtl Sy$cm unitt
M
FIGURE E
OFFSET SPRINKLER WRENCH
PROTECTION SYSTEMS COMPANY, INC., 1O DOFRANCE ST., PROV'DENCE, Rt,02903
MODELS F715_($traight), F716 (4So), & FZi? (gO.)
| .,,.i .,"
Y '.'
Cross Section
With Breakable Caps and
Stondpipe ldentif ication
l.Body
2.Clapper
3-Swivel
4€wivel
Plug
s-Standpipe lden-
rification Plate
6.8reakable Cap
7-B.eakabte Cap
Strap
8-Swivel
Gasket
9-Swivel
Retaining
R ing
With Swivel Plugs/Chains
l0.Clapper
Pin
1 1-Chain
12-S.Hook
13-Spiral Ring
FIGURE A, TYPICAL MODEL F716 FIRE DEPARTMENT CONNECTTON ASSEMBLIES
l0 - v.'{a?5. rr.} 0.0. €SOJTChtOri PLAIE
)
GENEBAL DESCRTPTION
The Models F715 - straight, F7l6 -
45o and F717 - 90o Fire Oepanmenr
Connections are 2-1A" x 2-rA,, x 4',
siamese type connections. Thev are
designed for use as auxiliary watersupply connections to automatic
sprinkler, water spray deluge, foam.
water deluge or standpipe f!re piotec-
tion systems. The Connections provide
a means through which fire depart-
menrs can pump water into a t;lepaotection systern, from sources sucn
as hydrants, ponds, and reservoirs,
The Connections. which are cast fromhighly corrosion resistant aluminum
allovs, are available in narural, reCpainted, chrome plated, and bronze
anodized finishes. They are also avail-
able with Breakable Caps or Swivel
Plugs/Chains. The ',AUTO SpKR,, or"AUTO SPKR/STANDpt pE,, identif i-
cations are located on the Body.
The F7l5 and F?16 are for wall
mounting with the F715 generally
used for connections eighteen inches
to three feet above grade and the F716
is used where it is necessary to locate
the connection between three and six
Prinred in U.S.A. 6-84
feet above grade. The F7'17 is used for
connections to yard valve pits.
APPROVALS AND STANDARDSThe MoCets F715, F716 and F717Fire Department Connections arelisted by Underwriters Laboratorieslnc. and approved by Factory i\4uruai
Research Coro-
The Fire Department Connections are
also aporoved by the New york City
Board of Standarls and Appeats under
Calendar Number 236-Zg-SA.
llAF,tyING
The Fire Deportment Connections de-
scribed herein must be insta ed andmaintained in contpliance wittt thisdoatment, as well as witlt the applica-
b^le snndards of t,rc Nafiotal' Fireftotec on Associatiott, in cJdition rothe standards of arty other authoiries
naving iurisdiction. Failure to do sa
may impair the integity of this device.
77rc owner is responsible for maintain-
it,rg . his .fire protecion system ancl
de,vrces m. proper operating condition.
I ne rns-talling contractor or nwnufa+lurer should be contacted relativi to
any quesrions.
TECHNICAL DATA
The 2-1h" x 2.,h" x 4" Fire Depart-ment Connections are available in
three patterns: straighr-Model F715,
45o.Model F716, and g0o.Modet
F717. They are rated for use ar a
maximum service pressure of l7S psi.
Typical F7l5 tyi:e assemblies are ii-
Iustrated in Figure A and the nom-inal installation dimens;ons for each
type are indicated in Figure B.
The F715, F716, and F717 are sinqte
clapper type siamese Fire Deparrme-nt
Connections. The Clapper is free to
swing between either inlet hose con.
nection, which perm;ts oumptng into
one or both connections.
The connections are available with a
variety of finishes. Breakable Caps or
Swivel Plugs/Chains, "AUTO SpKR,,or "AUTO SPKRiSTANDptpE" iden-
tifications, different inlet hose threads.
and an optional Escutcheon Plate. The
outlet is 11 inch NPT per ANSI Stand.
ard 82.1.
Breakable cap Connect;ons are onlv
available with natural (aluminum) or
red painred finishes. Swivel Plug/Chain
_....__-.._-__.*T04tl,!
DtPrh
Sido Elevation
of F716
Connections are only available with
chrome plated or Lrronze anodized
fin ishes.
Connections designated as "standard
order" have: Breakable Caps wrtn ared painted finish or gwivel Plugs/
Chains with a chrome plated finish;
FIGURE C
RECESSED INSTAi.LATION
DIMENSIONS
and, the inlets threaded per NFPA
1963 {2.5-7.5 NH American National
Fire Hose Connection Screw Thread).A natural finish F7l5 Connection
with Breakable Caps and with or
without Escutcheon Plate is also
available as "standard order",
Connections are designated as "special
order" if thev are ordered \/ith one or
more of the following characteristics:
natural finish F716 Connection, nat-ural finish F717 Connection, or
bronze anodized finish; and, the inlets
threaded other than per NFPA 1963.
All Connections have the "AUTO
SPKR" marking cast in 1 inch high let-
ters on opposire faces of the Body.
Each Connection can also be provided
with the "STANDPlPE" designation
cast in 1 inch high letters. The
"STANDPIPE" marking is located on
ldentification Plates that are perman.
entiy attached to opposite faces of the
Body, as shown in Figure A.
The B reakable
that their ears
arc designed so
snap off when
struck with a spanner wrench. Each
Cap is secured to irs Swivel by two
wrought alurnlnum alloy straps wtt:.t
are hooked over the lugs on the Swivel
and bent into the recessed orovided in
the front of the Cap. The Breakable
Caps as well as the Swivel Plugs/Chains
are field replaceable.
The Body, Clapper, Swivel, Swivel
Plug, and Srandpipe ldentification
Plate are cast from an A05350 alum-
inum-magnesium alloy, lt is a high
strength, highly corrosion resistant
a't.tminum alloy and is widely uscd
'0r marine hardware. The 45 and 90,
elbows used with the F716 and F717
are of the same alloV. The Escutcheon
Plate is cast lrom a corrosion resislant
.A331 90 aluminum atloy.
422950 aiuminum alloy and trtc ..,
sociated Straps are a half-hard wrought
aluminum per ASTM 8209(A91i00).
The Swivel Gasket is a Nitrile rubber
per ASTM D1330(Grade 11). The
Swivel Retaining Rings, Clapper Pinr,
Chains, $Hooks, and Spiral Ring are
all of an 18.8 type stainl$r steel.
Stainless steel Chains, $Hooks, and
Soiral Ring are used with both the
bronze anodized and chrome plated
Connections.
The optional i 0-3/4 inch O.D. Es.
cutcheon Plate is secured to the con.
necting pipe with a 3/8-l6UNC x
3/4 inch long, plated steel, slotted
head set screw (Rel. Figure A). A
4-118 inch wide by 2-ll4 inch high
area centered at the top of the Es"
cutcheon Plate is available for name-
plates (to be provided by others).
When either the F715 or F716 is to be
recessed within a wall, sufficient inter-
nal clearance must be provided for
easily making unrestricted hose con-
nections. The recommended dimen-
sions for recessed installations are
given in Figure C.
INSTALLATION
In order to prevent damage to the
connection finish, such as could hap.
pen when using chain tongs or p;pe
wrenches, only use a fabric type strap
wrench to thread the Connection onto
the mating pipe.
CARE AND MAINTENANCEIt is recommended that fire depart.
ment connection installations be peri-
odically inspected, with rhe following
items checked:
1. The Connection is readily visible
and accessible and not obstructedby equipment, stored material,
snrubs, etc,
2. The Caps or Plugs are in place and
that the Swivel threadl are in good
condition, lt is also recommsnded
that the Swivel threads of plugged
connections be periodically lubri-
cated with a light oil or grease, to
help ensure tha! the Plugs can be
quicklv removed.
3. The check valve is not leakino.
The inspections should be made
monthly or more frequenrly, as may
be necessary in the case of locations I
subiect to vandalism. lt is recorn- .'/
mended that the inspections tre made
by a qualified Inspection Service.
lf it appears that the Caps or Plugs
2?As'
(65.0mm)
t
I
2Atl.
(55,Onrn)
4" NPT
Sido Elavation of F715
'i:
,i
ESCUTCT€ON PLATE
i' ',i Zgnc'
i ii (6s.0trrn)
Typical Plan View
},lODEL
NC.
OIM[,NSIONS IN INCHE S ANO iMM)
I c 0
F7t5 .JO4 Al
6
{t523)
IO
{2540)
6
152 4)
F7t6 t2
{304 8}
{o
P54.O)
5
0 523]
I
f,i. Icrpi i. ,flf*.n
Side Efevation ol F717
FIGURE B
NOMINA.L INSTALLATION
DIMENSIONS
may nave been tampered with, thenthe walerway between the Connection. and check valve should also be
. dhec.ked to ensure that it is clear of- Toretgn material.
)
1t ir recommended thar a spare set of
Caps and Straps be kept on hand.
WARRANTY
Seller warrants for a period of oneyear from the dale of shipment(warranty period) that the products
furnished hereunder will be fiee from
defecE in material and workmanship.
{oy fiyther details on Warranty, see?rice List.
ORDERING PROCEDURE
Orders for Connections and replace.
ment parts must include the descrip.tion and Product Symbol Number
(PSN) where appl icable.
NOTES
Standard Order Fire Depa ment Con-
rylgns have the inlets tfueaded perNFPA -1963. [lntess otherwisi $iifid, Special Order Fbe nepartiiit
L_onnecnons ore provided with inlets
ttueaded perNFpA 196J,
NoJural finish, srraighr, Modet F715LF.D.C. wirh Breakabte Eaps
. . . . . . PSN52_715_0_oot
Na_tsral Finhh, straight, i!,todel FTISM
i:p:9..*it! sreakauri i"p, i^o sreru-clrtrE tdenrificarion . . pSN S?_7 lS_O_OO2
Naturat finish, srraight, Model F7ISLF.D.C. with Breokablebaps and Escutct ein-rraro . psN 5z_71s_o_oo5
Flojt
^
prjnred, straight, Mqdel FTISAr.u.\,. Wlih Breakable Cdos . .. . . . . . PSN 52_715_1_00l
Fled painted, straight, Modet FTISB F.D.C.with.-Brsskabla Capr and SfnruOEi'groanlrrcation . . . . . pSN 52_7lS_l_OO2
Chrom€ ptaled, stralght, Modet F715CF,D.C.wirhSwivel ptugi/il,ains . . . . . :.. ., . . . PSN52_715_9_003
Chroma plared, straight, lvlodet FZ15DF.D.C. with Sw;vet - ptvgs/Crrains anaSTANOPIpE td6ntif ication
. . . . . .PSN 52_715_9_004
I F716J F99 painJeg: 48., Modet F7l6A F.D.C.with 8.s€kabte Caps . pSN 52_716_l_Obi
Chrome plsred, 45o, fuloder . )16C F.O.L.with Swivel Ptugs/Chaio!.
. . . . . .PSN52_716_9_003
Chrome Plated,45o. Model F716D F D.C.with Swivel Prugs/Charns ano STA\OptpEIdentificalion . . ., . pSN 5Z-7i6-9_004
F717
Natural linish, 904 , Modet F711L F.O.C.with Bfeakabte Capr
. . . . . . PSN 52_717_0_ool
Natufal tioilh, 90o. Modet F7,l7M F,O.C,with Breakable CapN and STANOptFEldentificarion .,, . . PSN F?-717-O-@2
F717
Red painred, 90o ,with Breakabl6 Caps
Product symbol numbers have Deen
ascig.ned to the following combinationsof "special order,' Connections with
inlets threaded per NFpA 1963.
F715
Bronze a.odized, straight, Modet F7t5Er,u,U. with Swivel plug/Chains
. . . . . . PSN 52_715_5_003
Bronze ahodized, straight. Madet F71SF
I:-1 !^^I,1h. Swivet ptugs/Chains ando I Ar\/urlrE ldenrif;Cation
. . . . . . PSN 52_715_5_004
Bro't?q anodiz8d, 90o , lvlodsl F7178 F.O.C.Mocer_F7:7A F.D.C. -;rrr Swi"er iiupr/Ci,.i";.-::'.' :'.'.'.'.: . .. PSN 52-717-t-001 . . . . . , pSN 52_717_5_003
Rod psinted, 90o, Model F7178. F.^D.Cj Bronre dnodized. gO. , Ntodet FlllF F.D.C.with Breakabte Caps and sTANDptpE ;;;h l;;;;i'pftjchain, aod STANoptpEldenritication . . . . . psN sz_717_1_ooi iJ""tiii""iiJi.-l'i ..psnr 52_711_5_ou
Chrome_plared, 90o, h4odet FTjjc F.D,C.with Swivel PlugslChains.
. . . . . . psN 52_717_9_oo3 Special Order Escutcheon plate:
Chrome plated, 906, l4odel F717n F n ^ ^*ittr s*iuei' PiussTcil"iii?i lii-lu bpi iie :?ecial orde! bronze anodized. Modet F7t5
ldentificarion . , . . . pSlV Si-Z I Z-i-Obi Escutcneon Flate , . . PSN 52-715-5-013
f':u':' . :':':1 . Y:':!,f;'r!'-,!T:;l;lr aFif "iilT,fl:'J:1?ft%i1'l'Yi'jJr'J
fi:i, ::':i.1. .1.1:'rri,'Ji-r!il;"i6i: il""'"i"iJ$'i':Jffi":','9-"?I9,316T.'td
F,:[i'. :'..1":. I.1?,,5i1'-,!;:l*ll f;?';fi'A'"1*":l'::''5li',r"ii'31i':J,T
Standard Order E sculcheon plates:Standard Order Replacement partsi
Spira' Rins.. PSN 92-7&r-l _004
Special Order F. D. Connections;
Unless- otherwise specified, Standard Specify: Special order, (specify red
ry Special Order Fire Departmenf palntect' natural finish, chrome plated.
\ Lbnnttions are Vovided
- without or bronze_ anodized|, Model (specifyJ the "STANDPIPE"nentifrcaioi-iii n!.tb-*t) F.D.C. with (specify break.Eseutcheonprates.
iilinl';:,r#1.!:i?:i::,.#,i;.#
Standard Order F. D. Connections: i9{.. or. names of city an; state)F715 ;ncu||ifitions'
PsN (specirv' ir ap'
Special Order Replacement pans:
Spmial order, bronze anodized, SwivelPlug,/Chain forNFpA 1963 thre6q . . ., . .. . . . . . PSN 92_715_s_015
Swivel Plug and Chain for inlet threads
oth€r than per NFpA 1963.
Specify: . Special order, (specjfy
cnrome plated or bronze anodized),Swivel PiuglChain for F.D,C. inlei
threaded.per (spmify names of City
and Statel specif ications.
Breakable Cap for inlet threads other
than per NFPA 1363.
Specify: Special order, {specify redparnted or natural finish), Breakable
lan {or F.D.C. intet threaded per(specify .names of Ciry and State)
spec|ltcatrons-
CONVEFSION FACTORS
Natural finish, 450 , Model F7t6L F.D.C. Psrenthetical metric conversions cited here.wltn Breakal'le Cdps . . ln are approxtmata.
. . . . . .PSN52_716_0_001
Naiural -tinish, 4So , Model F716M
l:y:u... *i!! Breakabte Caps and STAND.rrrts tdentitication
. . . . . .PSN 52_716_0_002
Bron.E anodized,45o , Modet F716E F D. The nominal we;ghts for the Fire De-with Swivsl Pluss/Chains. . . . : .-.'. .':':'. partment Connectrons are:. . ., . .PSN 52_716_5_003
Model F715 .. .4.7por:ndsMod6l F7l6 .. .o.OpoundsModcl.F717-. ....6.gpognJr
tsscutcheon Plare . .... ,. l.gpouoor
F716
1 inchl pound
WEIGHTS
- 25.400 mm= 0.454 kilograms
Rsd painred, 45o. Modet F rr ^g.,l'..g,.C_. Bronze snodiz8d,45, , Modet F716F F.O.C.with Ereakabte Caps and sTANopipE ;; Hffi';ffijiroins and STANOptpErdenrificarion . . , . . psN s2*?16_1_00? roentiiicai.r, ."l,ll .,s" 5?_7t6_5_oo4
Waterflorv Detector: Model WFD
Model WFD Waterflow Deteclor
Advantagesr Quality construction. Rated for 250 PSI service in
Schedule 40 or 80 pipe in sizes
Utog'. Adapter available for connection
ta 1',11h'and 1%" pioeI Horizontal or vertical mountingo Listed by ULl, ULC6 Approved by FM, N.Y. city
BS&A
Applicatlons
The Model WFD Waterflow
D6l6ctor is designei to signal any
watorflow ccndition in a wet PiPe
sprinkler system that equals or
exceeds tne discharge frotn one
sprinkler. Typhal installations
include warehouses. industrial
plants, storage plants, aircraft
hangars, r€tai! establishments, and
high-ris€ buildings.
Description
The WFD Waterflow Dotector is intended for use with ',Y€t
pipe sprinkler systems
only and utilizes a vane tyB€ scrisor to actuate two single pole double throw snat
action switches when waterflow exceeds a sustained 10 gpm' Th€ tlow may be
caused by discharge trcm a sprinkler, opening an inspec'to/s teS valve' o( by oth€
iactors such as accidenlal rneEhanical damage resultinq in rupturo of
fiitinggpiping.
The WFI is hequently used to indicate tlow in apPlications such as a feed main or
branch line lo a zone. Each switch may be wired for eith€r normally op€n of norna
closed contact operation.
A built-in pneumatic retard device (with aulomatic resat), delays actuation of the
slecrical switches to reduce the possibility of lalse alarms caus€d by sither a
singie or series of transisnt flow surge s. The time cielay is field adiustabbtrom 0 t'
70 ieconds. A special wronch is required to ramove 1::€ cover screws and is an ai
to pf8vent unauthorized adlustnnent o! the retard devic€.
WFD Delectors are available for installalion in Schedule 40 or 8O pipe with size:
ranging fnom 2 to I inches. They can also be supplied with an adapter' as sllown
F:gure 8, for connecting to 1", 11/4" and 1y2" l',lPT threaded prpe.
The WFD is rated lor 250 PSI service pressure in Schedule 4O and Schedule 8
pipe. The swilches are rated for 7.0 amp$ at 125-250 VAC and 0.25 amps at &,'1:
VDC. A yz" conduit opening is provided in the rflounting plate.
6L' ( l?l strrn)3,!a'(9 5 3mm)
3r/.'
{95 3tl|fl)_l:.J I SAOOLE''l!'cofroul |(L€llr-MouNrrY:aI:J r PtPE
OIAMElEF
(r55.& t|l
^sEE
PATENT ,rlo#Etho*
SECTION
FIGURE A, MODEL WFD WATERFLOW DETECTOR ^
li ,ll).
'^on / ,',J1", oo
FiI NIPPLE
AOAPTER SIZ€ . IJPT
t lr'9'
TAXE.OUl 'l t/r'
FIGURE B. ADAFTER
FLOW DETECTOR MODEL WFD
WFD Detestor can be used to actuate electrical alarms and/or operale
;fuG; ffi ;i ttu*' ""
ri t" p,' n"l' i" *01 i1191
t^v-11::.g:t" ararm varves
ffi;;[i# ;; "'n"t"
s.annit witirttow signals are required'
srflowins at a rate b€tween 4 gpm and 1^9sPl Y!l^*t1tT:".i:"t:T:1l:y#;t#;il;;; riiati o6iic". ni ne'itow increases above 10 spm' the
ffi ;i"'d"r o'i t'i io'sion.s, lli"q g.y:lt^t l,g^,,Tlf:":i,:,:j:T*. *il:iil"pil;:w*h.;ir.; pii*itrir" iJray nas erapsed, the aduator collar will
movod lir'enough to allow the switches to actuate'
stvitchsswillremainintheactuatedposilionwhilewatercontinuestoflow'
r tiii waier flow has stoppea, ttrt vane ano actuator cdg 3r.e ytq1i9:llY
iiliiiiii"ortir (sei)'position ov the reset spring, which in tum res€ts the
fthe automatic reset feature reduces th€ possibility of a false alarm by diminishing
Osomulative eftect ol a series of tlow-surges- Th9 ?fu,T1ti:.t:l1l!,j::f:-':f,il ;Gi; time detav ot ietrreen 20 ani 30 seconds' lt mav he field adiusted
*oo, ti io iO ,""onds, if iequired, to suit individual installation conditions'
for lurther information contact:
n€arest Grinnell district
listed in the Yellow Pages.
Scontact:
C
WarrantY
Sell€r wanants for a Period of one
vear from the date of th€ thiprn€nr
lwananty period) that the produc{s
iurnished hereunder will be free
from def€cts in matsrial and
workmanshiP.
To Order SPecitY:
Model WFD Waterflow Detector
(specrty size) and quantity.
NOTE: For complete technical
in{ormation, ask for our
Technical Data Sheel
TD-200.
{'
GRINNELL
G;txx€LL FIRE PeolEcrloll sYsiEf,s coHPA v lrlc'
io oon*^trce srn€Ef. pf,ovlgExcE, RHoDE lsta"o 04grl
suaslolaBY OF f YCO LAaonAronlEs. lttc'
aol.,lt6.5600 r€lEXr9275a5
in USA 10/81
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TOWN OF VAIL
DATf
READY FOR
LOCATION:
INSPECTION:
JOB NAME
MON
CALLER
TUES THUR FRIWED PM
BUILDING:
tr FOOTINGS / STEEL
PLUMBING:
tr UNDERGROUND
tr BOUGH / D.W.V.tr FOUNDATION / STEEL
tr FRAMING -tr ROUGH / WATER
tr INSULATION
N SHEETROCK
tr GAS PIPING
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{'FINAL
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MECHANICAL:
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tr ROUGH tr EXHAUST HOODS
tr CONDUIT N SUPPLY AIR
D_D
DESNAL
-
FINAL
APPROVED
CORBECTIONS:
tr DISAPPROVED REINSPECTION REQUIRED
l " ,,.' rL-INSPECTOR
DATE
READY FOR
LOCATION:
?,o,NAME
TNSPECTIoN: @ ,ur" wED rHUR AM PMFRI
BUILDING:
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tr ROUGH / D.W.V.
tr ROUGH / WATER
C] FOUNDATION / STEEL
tr FRAMING
tr INSULATION tr GAS PIPING
tr SHEETROCK NAIL tr POOL / H. TUB
tr HEATING
O EXHAUST HOODS
tr CONDUIT D SUPPLY AIR
PPROVED
COBRECTIONS:
E DISAPPROVED f] REINSPECTION REQUIRED
INSPECTOR
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Bloemendaal
Associates, lnc.
85 South Union Blvd. #206
Lakewood. Colorado 80228
i l-nl r:-: rc ft t A<l
(303) 987-1581
oulside colorado
Dial 1-800-522-0244
After lone enter 210150
COPY
!a:
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Le:: l'1 r x:e :
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P;: lcna llc: cr C:.ie
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FB : er.'
cc: Jeff Katz
A:-ien Gailaqner
M
" P.E.
AVAILABTE
:h-5 .5 :c ccii:r: ou: ac:-'e:si.::3ir 3: :ie'-:: e:.cei -:'). lc36-
T:re .'.c.:-.:l-c:t :.cccs :nsii..eJ 3: :;11 su=iei;: '::.t:cn aie
i-r,:f J isCiuiec exac'. i:-' ;-nie au!- u.-. Lts'*ec ;iooc s"'s: e;i.=: e:rce;J i
fcr ncrrzcntal ouci :.3Ke offs ano the removal of rne frre dampers.
fi'e n.]i'ie ;iiacre prcvigtcnS lc pui a i:r-e Protec:icn not:.e in
ine ouct *-ai.:e cff of eacn nocc. 'r,'e na,e aisc:ace p:o!:.tSlcits ic
lun !ne 'agn s'j'scern ccnitnuousi! shouic ihe f ile prctectic;] s'r.'sceiii
e,:ar: .:a a::. ri. :lc.'.:--.,: ilra::a'-a:::. :..:.: :: ''.:,':i ^= :..:,:.::::::. )
i.: l.: : S..: : : ij t' r: i i: -- €.1 i . ar:.
ffigft*'"
75 soulh trontage road
vail, colorado 81657
(303) 476-7000 otflce of communlly development
BUILDING PERIiIT ISSUANCE TIME FRAI'IE
If thi.s permi.t requires a Town of Vail Fire Department Approval ,Engineep''s (IgUt;c l.lopks) review and approva'l , a planning Department
review sr Health Deparfinent review, and a revjew by the Building
Departinent, the estimated tine for a total review may take as longas three weeks.
All commercial (1arge or small) and all mult'i-family perrnits will
have te follow the above mentioned maximum reouirements. Residential
and small projects should take a lesser amount of time. However, if
fesi.dent'ial or smal I er projects r'mpact the various above mentioned
departments with regard to necessary review, these projects mayalso take the three week period.
Every attempt will be made by this department to expedite thjs
permr-t as soon as possi bl e.
I, the undersigned, understand the p'l an check procedure and time
r rame .
ea
She'et vias' turned i nto the
Communi ty Deve'lopment Department.
Bloemendaal
Associates, Inc.
85 South Union Blvd. #206
Lakewood, Colorado 80228 Auqust 25. 1986
Vaii Flre Department.
42 West Meadow DrrveVail. Colorado 81657
Attn: Mike Mccee RE: Hong Kong Cafe
Dear Mrt<e:
Thts is to confirm our conversation of Septemoer 23. 1986.
The Molr-tron hoods instailed at the sub,t ect locatlon are
manutactured exactly l rke our U.L. Listed Hooct systems: exceptfor horrzontal duct take offs and the remova I of the ftre oampers,
At your request we have made provisrons to put a frre pco-tection nozzie rn the ducat tai'(e off of eacn hood, We have also
made provrslon to run the wash systea continuously shoulo thef ire protection system ever go off. (A reviseci electrrcal draw-
l nel i s enc l osed, )
The fire safety aspects of the hood system are as f,oilows:
1. Ansu I Surface protectton and duct protectron.
?, Contrnuous water scrubbrng action of the Moli-cron walerfiltratron system.
3. Contrnuous f loocling of the air p Ienurn hy rhe wash systemif the AnsuI System Is activated,
1n my estrmation these safety features. along with the factthaE the Moli-tron ts six times as efficrent in grease removalcompared to a frlter hood. makes this an extremely safe hooOrnstallatron,
Very tru I y yours.
BLOEMENDAAL ASSOCIATES. iI{C.fu8u
FB: ew
cc: Jeff KatzArlen Gatiegher
(303) 987-1581
Outside Colorado
Dial 1-80U522-0244
After tone enter 210150
Freo Bioemendaa i . P. E.
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Dial 1-800-522-0244
Atter tone enter 210150
1n my est rmat i. on thesethaE tne Moli-tron is srx rcompared to a filter hood.
r nstai iatron
August 26. Lc85
safety features. along with the factlmes as efftcient rn grease remova imakes thrs an extremely safe hoccl
Very truly yours.
BLOEMENDAAL ASSOCIATES. ]I{C.
FB: sp
,t, (.r, *^r"Arien Gat I agher
tsloemendaal
Associates, Inc.
85 South Union Blvd. #206
Lakewood, Colorado 80228
t
Var I Fr re Deparrrnent
42 West lleadow Dr r veVail. Coiorado 81637
Atin: Mike McGeg FR: Hnnrr irnnrv fg;g
Dear I'1i ke :
Thrs rs to conflrm our conversatron of september 23. tgg6.
The Mol i-tron nooos instalieo at the sub,r ect locatron aremanufactured exacrry rike our u.L. Listed Hooo sysrems; exceptfor horlzontal duct take of f s and tne remov;i-"f 'fr.," tire da$pers.
At your request we have made provtslons Eo put a fire pro_tectron nozzle in the ducat iake off of each r,ooi. !,ie have alsomade provislon to run the wash system cont.rnuously should thefire protection system ever go off. (A revrsed eiectrical craw_lng ls enc losed. )
The fire safety aspects of the hooo sysrem are as folrows:
1 - Ansu I Surface protect i on and duct protect I on.
?. continuous water scrubbrng actron of the rvrol i-rron waterf i i trat ion system
3. Conttnuous floodrng of the arr pienurn ny the wash systemif the Ansui System is actlvateo.
/*tBm
Fred Bloemendaal, p.E.
tlolt-TRofl ncD wtRtt{6 DtA6RAn
FIELD Y|etf,G
F*TI REL*Y
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Cini-Little
International
Con.sultants
in Foodservice
and l,odging
1880 S. Pierce Sr., Suire l6A', Lakewood, CO 802267143 USA
Telephone: 303 / 936-7 159 Facsimile: 303 / 937 -07 33 Telex: 89-8492 CLI USA TRANSMITTAL
The lollowing:
tr SEPIAS
p)eFrNrs
tr TRACINGS
tr EOUIPMENT BROCHURES
tr SPECIFICATIONS
N SHOP DRAWINGS
U
TO:VAIL FIRE DEPARTMENT
42 l,.lEST MEAD0t, DRIVE
vA tL, c0L0RAD0 81657
ATTN:HIKE MCGEE
DATE:9/16/86
PROJECT:HONG KONG CAFE
are being sent:
xl ENcLosEo
D FROM PRINTERS
tr SEPARATELY
o
by:
F MAIL
! COURIER
- EXPRESS
tr BY HAND
tr
status/use:
N APPROVEO
tr APPBOVED AS NOTED
tr REVISE & RESUBMIT
! INFO/RECORDS
R YOUR USE
! COMMENT
tr APPROVAL
D DISTRIBUTION TO:
PROJECT No.:6092
DRAWING No.DESCRIPTION
T HOOD SHOP DRAW INGS
REMARKS: FOR YOUR USE PER OUR CONVERSATION. MECH CONTRACTOR
l\0BlNS0N MECH.. DtCK JOHNS0N tS CONTACT. (rOl)443-2505.
BLEASE CALL IF YOU HAVE ANY FURTHER OUESTIONS REGARDING
TH IS RESTRAUNT. THANKS
COPIES TO:
''.F ILE ..
3.
4.
6/86.01-28
From:
C ROS U IST PROJ ECT MANAG ER
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