HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5 LOT 5 VAIL ROW HOUSES GENERAL LEGALVwn'ft"'l'Ql thf{
Desri gn Revi eral 8oard -Ftn n *w'*:
ACTIO$I FOR.M
Department of Corn rnunity Devel oprfi efit
75 Ssuth FrsntaEe Road, Vait, Cclor*do 81657
tel: 970..t79.2139 faxr 97S.47S.2..152
web: www.vai[gov"ccm
Project Namer VAIL TOWNHOUSES
Project Descriptionl
COMMON ELEMENT - PAWNG AND BOLI.ARD REPLACEMENT
Participants:
owNER WELLES-VArL LLC 05/18/2006
PERSONL RESIDENCE TRUST
1133 RACE ST 11-B
DENVER
co 80206
APPLICANT VAILTOWNHOUSES-DALE BUGBY 05/18/2006 Phone: 476-0906
Project Address: 303 GORE CREEK DR VAIL Location: VAIL TOWNHOUSES
Legal Description: Lot: 6 Block Subdivision: VAIL TOWNHOUSE
Parcel l{umber: 2101-082-3001-2
Commentsr
DRB Number; DRB060170
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approval: 06/15/2006
Cond: 8
(PLAN)I No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities,
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Cond: CON000B1B0
The bollards may not be installed until after the concrete pan along Gore Creek
Drive has been installed.
Cond: CON000B1B1
The bollards shall be located no closer than 5 feet from the edqe of the concrete
pan along Gore Creek Drive.
Motion By:
Second By:
Vote:
Conditions:
I ''i 't'rtt': "
' '.r1_
'.1:"- *. : Cond: C0N0008182
r 1 . , ,.- -: Ihe applicant shall obtain Town of Vail Public Works Department approval of aj -" i ' '' , ri\ 1.i: Revocable Right-of-Way Permit for all imprwements within the Gore Creek Drive' Right-of-Way,
. Planner: Bill Gibson DRB Fee paid: $20.00
Changes To The Approved Plans
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
te| 970.479.2128 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit applicaUon. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Description the
Location ofthe Proposal: Lotr
f ,t t/ suaa,uisiont l/4/L 7ru,/llfb/€{:i
Eagle Co. Assessor at 970-328-8640 for parcel no.)
Name(s) of Owner(s):
Mailing
Owner(s) Signature(s):
Name of Applicant:
For revisions to plans already approved by Planning Staff or the
Design Review Board.
v,
/v
6)or
o
-vo
Maifing Address: ? /4
E-mail Address:
Type of Review and Fee:<tI\ Changes to Approved Plans
Submittal Requirements:
3 Sets of Plans Addressing Project Changes
Signature of Homeowner(s) or Association
F:\cdev\FORMS\Permits\Planning\DRB\drb_change_to_approvedJolans_l-|cage_05-1 1-2006.doc
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TOWN OF VAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2 I38
FAX 970-479-2452
www.ci.vail.co.us
June 2, 2006
Dale Bugby
635 North Frontage Road, #1
Vail, CO 81657
RE: Vail Townl'rouse Condominiums - 303 Gore Creek Drive
Dear Dale,
The Town of Vail Public Works Department has reviewed the
bollards at the Vail Townhouse Condominiums. The following
from their review:
. Vehicle pull-in and pull-out movements must be shown on the plan.
' The bollards shall be located a minimum of 5leet from the concrete pan.
' The bollards shall not be relocated until after the concrete pan has been installed. :
' 4ny bollards located wilhin the Gore Creek Drive right-of-way will require approval of a
Revocable Righfof-Way permit.
lf .1o1 nlve any _questions or comments, please feel free to contacl me directly at (g70) a7g-2173 or George chalberg with the pubtic Works Department at (970) 427-gs07.
Sincerely,
A-r*z_a4. -4,1__
BillGibson, AICP
Town Planner
Town of Vail
Vail
Resort
635 N. Frontage Road W. *1
Vail, Colorado 81657
proposed relocation of parking
is a summary of the commenls
Dale Bugby
President
Oftice: 970,476.0906
Fax 970.476-5026
Web: www.vailresortrentals,com
Email: dbugby@vailresortrentals.com
Resewations: 800-456-Vs A2l4 L5
I
EECYCIED PAPERs
TOWN OF VAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-21 38
MX 970-479-2452
www.ci.vail.co.us
June 2, 2006
Dale Bugby
635 North Frontage Road, #1
Vail, CO 81657
RE: Vail Townhouse Condominiums-303 Gore Creek Drive
Dear Dale,
The Town of Vail Public Works Department has reviewed the proposed relocation of parking
bollards at the Vail Townhouse Condominiums. The following is a summary of the commenti
from their review:
. Vehicle pull-in and pull-out movemenls must be shown on the plan.. The bollards shall be located a minimum of 5 feet from the concrele pan.. The bollards shall not be relocated until after the concrete pan has been installed. :. 4ny bollards located within the Gore Creek Drive right-of-way will require approval of a
Revocable Right-of-Way Perm it.
lf you have any questions or comments, please feel free lo contact me direclly at (970) 479-
2173 or George Chalberg with the Public Works Department at (970) 477-BSO7.
Sincerely,
a/,-Z^a <'e__
BillGibson, AICP
Town Planner
Town of Vail
Vail
Resort
635 N. Frontage Road V. *1
varr, uotorado d Ib) /
Dale Bugby
President
Ol{ice: 970-476.0906
Fax: 9'10-476,5O26
Web: www.vailresortrentals.com
Email: dbugby@vailresoft renrals.com
Reservarions: 8m-456-Vs Al l4 Lj
I
RECYCLAD PAPERs
ml[/N 0F V/IIL
Actionr
Date of Approval:
Conditions:
Project Name: VAIL TOWNHOUSES CONDOMINIUMS
Project Description:
UPDATED CONDOMINIUM MAP
co 816s7
ProjectAddress: 303 GORE CREEK DR VAIL
VAiL ROWHOUSES-LOT 1-6, BLOCK 5, VAIL V
PIan ning Administrative
Action Form
Depaft ment of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 970.479.2452
web: www.vailoov.com
Location:
ADM Number; ADM050004
Participants:
owNER VAILTOWNHOUSESCONDOASSOC.04/22I2005
DALE BUGBY
635 N. FRONTAGE RD. #1
VAIL
co 816s7
APPLICANT VAIL TOWNHOUSES CONDO ASSOC.04|22/2005 Phone: 476-0906
DALE BUGBY
635 N. FRONTAGE ROAD, #1
VAIL
Legal Description: Lot: 1-6 Block 5 SuMivisiont VAIL TOWNHOUSE
Parcel Number: 2101-082-3000-1
Comments:
BOARD/STAFF ACTTON
STAFFAPR
lslr2l200s
Cond: 8
(P|-AN): No changes to these plans may be made without the
written consent of Town of Vail staff and/or the
appropriate review committee(s).
V^nviilalo€t'1 t
lof 5
Vu*Rt**rqea
Planner: Bill Gibson ADM Fee Paid: $100.00
It is unlawful for any person, business, or corporation to violate any of the provisions of TiUe 13, Vail Town Code, orto transfer, sell, lease or agree to sell or lease, any lot, tract, partel, site, separate interest (including a leaseholdinterest),.interest jn common, condominium interest time-share estaie, frictional fee, or timdshare liiense, or anyother division within a subdivision within the Town until such subdivision has been approved in writing by th6 ;Administrdtor, Planning and Environmental commission and/or the Council (whichwer' is applicable) ana j put i
thereof recorded in the office of the Eagle County Clerk and Recorder.
Typeof Applicationand Fee: *t^
-E
Duplex subdivision Plat 9100 ..tr Administrative plat correction $100 l-Ztr Sinsle FamilySubdivision ptat fr:
^-^ ts :yr'1r,urnno*nnouie
plat , ii00 lyz
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
o
Application for Administrative
Subdivision ptat Review ffiCD ApR Z 1 Z00S
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxi 970.479.2452
web: www.ci.vail.co.us
General Information:
DescriptionoftheReques* ft(FtrlU{ U(O*ED CO//)n UllfF lb.5Location of the Proposal:
Mailing Address:
E-mail Address:- z-1n T / &zte V
{
\\Vail\data\cdev\FORMS\PEC\admin_plat_review_cover.doc o+tzqrcl
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Qpr
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
tulx 970-479-2452
www.vailgov.com
April29, 2005
Dale Bugby
635 North Frontage Road, #1
Vail, CO 81657
RE: Vail Townhouse Condominiums - amended olat
Dear Dale,
The Town Staff has reviewed the condominium plat application for the Vail Townhouse
condominiums, and the following is a summary of the comments from that review:
1. The acreages of each individual lot (i.e. 1 through 6) must be labeled on Sheet 1.2. Sheets 2, 3, and 4 identify a Unit "2D"; should this read Unit "28',?3. The plat title must be revised to include the legal description (see attached sample).4. The Clerk and Recorder's Certificale must be revised to include "Eagle County,
Colorado" (see attached sample).
Please submit revised plans addressing the above listed items to the Town of Vail Community
Development Department. lf you have any questions or comments, please feel free to contait
me directly at (970) 479-2173.
Sincerely,
44fi"L: &a. Z.rt--
BillGibson, AICP
Town Planner
Town of Vail
{'1kr"r"r*o ro.uo'47
13-1 1-1
13-1 1-1
Jhe Sg.EliliC comes after the main title, and il contains the Section, Township, Range and/orCounty atd State information. The fonl size should be smaller than inat of the main title.
The Certificate of Dedication and ownership, as well as the sur.veyor's certificate shouldmatch the above formatted main title.
The lollowing are exampres for each type of prat and the exact format for each:
Minor Subdivision
Final Plat
Meadow Mau riello Subdivision
A Resubdivision of Lot 52
Town of Vai!, County of Eagle, State of Colorado
Condominium Plat
Condominium Plat
Connelly Bridge Condominiums
Vail Village, First Filing
and the south four feet of Lot b, Block S-B
Town ol Vail, County ot Eagle, State of Colorado
Townhouse Plal
. Townhouse plat
Mollica Mountain Townhomes
Vail Potato patch
A Resubdivision of Parcel A, Lot 94, Btock I
Town of Vail, County of Eagle, State of Colorado
t oun ol VatI
December 2001
tJ-l t-3 tJ-lt-/
Dated lhis _
Title Company
Address
dav of . A.D. 19
o;Attonie/s ikme
By
(Signature)
(printed name and title of officer or attorney)
(ord. 6 (1e86) S 1: (ord. 2 (19e3) S 1)
13-11-6: CLERK AND RECORDER CERTIFICATE:
CLEFK AND RECORDER CEHTIFICATE
This plat was filed for of the Clerk and Recordet on this
. 4.D. 19___.- at Recorded under Feception No.
Page
Clerk and Reccrder
record in the office
o'clack .M.
_day of _
in Book at
by.
Deputy
(ord. 2(1e83) $ 1)
13-11-7: TOWN COUNCIL CERTIFICATE:
, TOWN COUNCIL CEFT]FICATE
This plat approved by the Tawn Council of the Town of Vail, Colorado th,'s _ day of
4.D., 19-.---.J for tiling with lhe Clerk and Recorder ot Eagle County, Colorado and for the
conveyanee ta the Town of Vail of the public dedications shown hereon; subject to the
provision that approval in no way obligates the Town of Vail for maintenance of roads
dedicated to the public until construction af improvements thereon shalt have been completed
in accordance with Town of Vail specifications, and the Town Council of the Town of Vail has
by a subsequent resolution agreed to undeftake maintenance ol the sarne. This approval does
not guarantee that soil conditions, subsurlace geology, ground wat.er conditions, ar tlooding
eonditions of any lot shown hereon are such that a building permit or any other required
Toutn of Vail
coFts
TOIII\IOF IIAII
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
974-479-2138
FAX 970-479-2452
www.vailgov.com
May 11, 2005
Dale Bugby
635 North Frontage Road, #1
Vail, CO 81657
RE: Vail Townhouse Condominiums - amended olat
Dear Dale,
Thank you for making the necessary corrections to the proposed condominium plat for the Vail
Townhouse Condominiums. Prior to Town of Vail final approval of this plat, the Certificate of
Taxes Paid must first be signed by the Eagle County Treasurer.
Please obtain this signature on the mylars and resubmit the plat to the Town of Vail for final
approval and signatures or submit a letier from the Eagle County Treasurer indicating that the
taxes have been paid and the Treasurer will sign the plat. Additionally, a check made out to
Eagle County for the amount of the recording fees must also be submitted to the Town of Vail,
as lhe Town of Vail Clerk will record this plat at Eagle County.
lf you have any queslions or comments, please feel free to contact me directly at (970) 479-
2173.
Sincerely,
4/nz<-'e'tfu-='
Bill Gibson. AICP
Town Planner
Town of Vail
{plu"t"uo rur^
It
AMENDED AND RESTATED
DECLARATION
FOR
VAIL TOWNHOUSES CONDOMINIT]MS
{007s423.DOC;7}
rt
TABLE OF CONTENTS
ARTICLEl DEFINEDTERMS............
Section 1.1 Defined Terms ..
............................3
....................3
ARTICLE 2
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
ARTICLE 3
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
ARTICLE 4
Section 4.1
Section 4.2
Section 4.3
Section 4.4
ARTICLE 5
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
ARTICLE 6
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
ARTICLE 7
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
(0075a23.DOC;7)
Name and Type....................5
Subject Property
Utility, Map and Map Easements.......... ............5
Easements for the Association and Unit Owners......
Easement for Encroachments................6
Owners' Easements of Enjoyment
NAMES/DESCRIPTION OF PROPERTY
Membership ......
General Purposes and Powers ofthe Association...
Authority of the Association.............................1
Indemnification.....................8
Inspection, Repair and Replacement of Designated Owner Maintenance Components ..................14
Failure to Main1ain........................ ..................l4
covENANT FOR COvTMON EXPENSE ASSESSMENTS....................................................14
Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments .....14
Apportionment of Common Expenses............ ...........................15
Annual Assessment,,,,.................. . . . - . . . . . . - - - . . . . . . I 5
Special Assessments l<
Lien Priority..................................... I 7
Borrowing...............,,,...
Use/Occupancy .
Leasing and Occupancy..............,...............1 8
Restrictions on Sale of a Unit/Limited Rieht of First Refusal ..............................19
Use of Patios and Balconies.....1A
Mo1d..............
Restrictions on Animals and Pets .......21
,1
Section 7.6
Section 7.7
Section 7.8
Section 7.9
Section 7.10
Section 7.11
Section 7.12
Section 7.13
Section 7.14
Section 7.15
Section 7.16
Section 7.17
Section 7.18
Section 7.19
ARTICLE 8
Section 8.1
Section 8.2
Section 8.3
Seotion 8.4
Section 8.5
Section 8.6
Section 8.7
Seotion 8.8
Section 8.9
Section 8.10
Section 8.1 1
Section 8.12
Section 8.13
Section 8.14
Section 8.15
Section 8. l6
Section 8.17
Seotion 8.18
Section 8. | 9
ARTICLE 9
Section 9.l
Section 9.2
Section 9.3
Section 9.4
ARTICLE 10
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Section 10.5
Section 10.6
Section 10.7
Section 10.8
Section 10.9
Section 10.10
Section 10.1 1
{0075423.DOC;7}
11
11
Vehicular Parking, Storage, and Repairs. .....................21
Use of Common Elements ............,,,,,,,..22
No Annoying Lights, Sounds or Odors...........................23
Compliance with Insurance Requirements...................23
No U nsightliness ........23
Restrictions on Clothesline and Storaee....... .........................rJ
Restriction on Signs and Advertising Devices............................23
No Restrictions on Mortgaging of a Unit.......................
Changes to Exterior of Building and Certain Other Changes ................
.....23
.....23
Map Restrictions ..............24
Rules and Resulalions 1A
Compliance with Goveming Documents...................24
INSURANCEiCONDEMNATION...............t{
lnsurance to be Carried by the Association
Hazard Insurance on the Units and Common E1ements............
Hazard Insurance on Interior Improvements ofEa0h Unit, Including Fixtures and Betterments ....25
Owner Certificates of Insurance .....................26
Liability Insuranoe ..............26
..26
Worker's Compensation and Employer's Liability Insumnce .
Officers' and Directors' Personal Liability Insurance................ ............................26
Other Insurance, ...................26
Miscellaneous Terms Goveming Insurance Carried by the Assooiation ..........26
Insurance Premium ............ .........................27
Managing Agent Insurance.
Duty to Repair 28
Condemnation and Hazard Insurance Allocations and Distributions .............,,.28
Insurance Assessments,..,............. ...............28
Payment of Claims to Delinquent Owners................. ............29
SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS..................29
General Provisions....,....................................29
Special Rights ..............................29
Speoial Approvals.............................................30
Right to Pay Taxes and Insurance Premiums.......................30
GENERAL PROVISIONS...
Compliance and Enforcement .............30
Severability ..............32
Term of Declaration..,............
Amendment of Declaration by Unit Owners
Amendment of Declaration by the Association ..
--)
.7
.....33
Confl ict of Provisions ...................33
Challenge to this Amendment....... ..............33
ii
..J J
2
3
lll{007s423.DOC;7}
AMENDED AND RESTATED
DECLARATION
FOR
VAIL TOWNHOUSES CONDOMINIUMS
This Amended and Restated Declaration is made effective upon recording.
RECITALS:
A. The Condominium Declaration for Vail Townhouses Condominium was recorded
on January 29,1964 in Book 175 at Page 379,inthe Office ofthe Clerk and Recorder for Eagle
County, State of Colorado (the "Initial Declaration").
B. The lnitial Declaration has been amended and supplemented by the following
documents:
1. Condominium Maps:
(a) Map of Vail Townhouses dated January 16, 1964;(b) Amendment to Map dated September 20,1966;(c) Amendmenr to Map dated September 19, 1968;(d) Addendum to Map recorded December 4, 1980;(e) Amendment to Map recorded February 13, 2002; and(f) Amendment to Map rqcorded March 1, 2002
(as amended and supplemented ofrecord, the foregoing are referred to as the
"Condominium Map").
2. Amendments to the Initial Declaration:
(a) First Addendum to Condominium Declaration for Vail
Townhouses Condominium recorded January 29,1964 in Book 175 atpage 393.(b) Second Addendum to Condominium Declaration for Vail
Townhouses Condominium recorded March 11, 1965 in Book 187 at page 5l;(c) Third Addendum to Condominium Declaration for Vail
Townhouses Condominium recorded December 11, 1965 in Book 187 at page
465: and
(d) Approval of Proposed Modifications and Maintenance and
Indemnity Agreement recorded July I 8, 2002 at Reception No. 801942.
(collectively, the "Existing Declaration").
{007s423 DOC,7t
C. The Owners and the Association desire to amend and restate all provisions of the
Existing Declaration, as amended and supplemented, by virtue of this Amended and Restated
Declaration for vail Townhouses ("Declaration") and intend, upon the recording of this
Declaration and the Amended and Restated Condominium Map, that all prior recorded
declarations, amendments and supplements be superseded and replace.
D. The Existing Declaration provides for and allows for this Amended and Restated
Declaration in Paragraph 20, which provides as follows:
' "This Declaration (the Existing Declaration) may be revoked anlor amended by,
and only by, the written, recorded consent ofthe owners representing an
aggregate ownership interest in the General Common Elements of at least
seventy-flwe percent (75%) thereof, and all the holders ofany recorded first
mortgage or any first deed of trust covering or affecting any or all condominium
units; providedo however, that the percentage ofthe undivided interest in the
General Common Elements appurtenant to each apartment unit, as expressed in
this Declaration, shall have a permanent character and shall not be altered without
the consent of all ofthe condominium unit owners as expressed in a duly recorded
amendment to this Declaration."
E. All Owners are aware of the provisions of the Existing Declaration allowing for
amendment, by virtue of the record notice of the Existing Declaration, by past amendments, by
past acts and disclosures, by past annual meetings, by newsletters or notices ofthe Association
and by other means.
F' The amendments within this Declaration have been prepared and determined by
the Owners and by the Association to be reasonable and not burdensome.
G. The purpose of the Association as provided in the Declaration is to preserve the
value and desirability of the Community and the Units and to further the interests of the residents
of the Community and Members of the Association. The pulposes of the amendments in this
Declaration are to update the Existing Declaration, take advantage of beneficial state law
provisions, provide more flexibility, provide the Association with sufficient power to create and
successfully enforce Rules and Regulations to recognize and confirm "Development Rights" and
add use restrictions to benefit the Community.
H. 100% of the Owners and 100% of the first mortgagees have approved this
Declaration.
I. The Owners and the Association desire to amend and restate all provisions of the
condominium Mapo as amended and supplemented, by virtue of an Amended and Restated
Condominium Map and intend, upon the recording of the Amended and Restated Condominium
Map, that all prior recorded maps be superseded and replaced.
{0075423.DOC;7}
}
J. The Condominium Mapo as amended and supplemented of record, shall be
superceded and replaced, upon approval by the Owners ofthe proposed Amended and Restated
Condominium Map and the recording of that Condominium Map. In the event that proposed
Amended and Restated Condominium Map is not approved and recorded, the Condominium
Map of record, as amended and supplemented, shall remain in full force and effect.
Now, therefore, the Existing Declaration is replaced and amended and restated as
follows:
ARTICLE 1
DEFINED TERMS
Section 1.1 Defined Terms. Each capitalized term in this Declaration or in the
Condominium Map shall have the meaning specified or as used in the Act, unless otherwise
defined in this Declaration or the context requires otherwise:
(a) "Act" shall mean the Colorado Common Interest Ownership Act. C.R.S.
$38-33.3-l0l et. seq., as it may be amended.
(b) "Allocated Interests" shall mean the undivided interest in the Common
Elements, the Common Expense liability and the votes in the Association, as set forth in
this Declarationo and as may be amended as provided for in this Declaration.
(c) "Assessment" shall include all Common Expense Assessments, insurance
Assessments, utility Assessments, and any other expense levied to a Unit pursuant to this
Declaration or the Act, including interest, late fees, attorney fees, fines, and costs.
(d) "Association" shall mean Vail Townhouses Condominium Association, a
Colorado nonprofit corporation, and its successors and assigns.
(e) "Board" or "Board of Directors" or "Executive Board" shall mean the
body designated in the Goveming Documents to act on behalf of the Association.
(0 "Building" shall mean either (i) the improvements constructed on the
underlying lots of the Property (i.e., Building 2 for the units constructed on Lot 2,
Building 3 for the Units constructed on Lot 3, Building 4 for the Units constructed on Lot
4, Building 5 for the Units consmucted on Lot 5, Building 6 for the Units constructed on
Lot 6) or (ii) all of those Buildings (on Lots 2,3,4, 5 and 6).
(g) "Common Elements" shall mean the Property within this Communiqr
other than the Units, which portion of the Property may be designated on the
Condominium Map and in this Declaration. Common Elements shall include Limited
Common Elements. The Common Elements shall be owned, as tenants in common, by
the Owners of the separate Units, each owner of a Unit having an undivided interest in
the Common Elements.
{0075423.DOc:7}
r
(h) "Common Expenses" shall mean expenditwes made or liabilities incurred
by or on behalfofthe Association, together with any allocations to reserves.
(i) "Community" shall mean the Community of Vail Townhouses, also
known as the Vail Townhouses Condominiums, which Community is a Condominium
Community as defined in the Act and which Community is also a Common Interest
Community as defined in the Act.
C) "Condominium Map" or "Map" shall mean the condominium map of Vail
Townhouses (and any supplements and amendments thereto, including the Amended and
Restated Map, if approved by the Members). The Condominium Map depicts and locates
the buildings, the Units, the Common Elements, the floors and elevations, and all of the
land and improvements thereon. The Condominium Map is incorporated herein and
made a part of this Declaration by reference.
(k) "Eligible Mortgage Holder" shall mean a holder of a first mortgage on a
Unit that has submitted a written request for the Association to notify such holder of any
proposed action requiring the consent of a specified percentage of Eligible Mortgage
Holders, which request must contain its name, address, and the legal description and
address of the Unit upon which it holds a security interest.
(D "Governing Documents" shall mean this Declaration, the Condominium
Map, the Articles of lncorporation, the Bylaws, and any Rules and Regulations of the
Association, as all of the foregoing may be amended from time to time.
(m) "Limited Common Elements" shall mean those portions of the Common
Elements, if any, which are limited to and reserved for the exclusive use of one or more,
but fewer than all of the Owners.
(n) "Member" shall mean any Owner. The terms "Member" and "Owner"
may be used interchangeably.
(o) "Owner" shall mean the owner of record title, whether one or more
persons or entities to any Unit which is a part of the Property, including contract sellers,
but excluding those having such interest merely as security for the performance of an
obligation.
(p) "Properli" shall mean the property described in the Existing Declaration
and as set forth in Exhibit A of this Declaration, together with all easements, rights, and
appurtenances thereto and the buildings and improvements erected or to be erected
thereon.
{0075423.DOC;7}
(q) "Rules and Regulations" shall mean any written instrumentso however
identified, which are adopted by the Association for the regulation and management of
the Community, and/or clarification of the Goveming Documents, including design
guidelines and any amendment to those instruments.
(r) "Unit" shall mean a physical portion of the Community, designated for
separate ownershipo shown as a Unit on the recorded Condominium Map for the
Community, the boundaries of which are defined in the Condominium Map and in this
Declaration.
ARTICLE 2
NAMES/Df, SCRIPTION OF PROPERTY
Section 2.1 Name and Type. The type of Common lnterest Community is a
condominium community. The name of the Community is "Vail Townhouses" and is also
known as "Vail Townhouses Condominiums." The name of the Association is the "Vail
Townhouses Condominium Association."
Section 2.2 Subject Property. The Community is located in Eagle County, State of
Colorado. The Property subject to this Declaration is described in Exhibit A of this Declaration,
the Existing Declaration and in the Condominium Map and/or as is consistent with the common
plan and scheme for the creation and operation of the Community. The Community may be
subject to other easements or licenses granted pursuant to this Declaration, or granted by
authority reserved in any recorded document or established in the Act.
Section 2.3 Utilitv. Condominium Map and Condominium Map Easements.
Easements for utilities in the basement or lower level of each "A" Unit are confirmed to each
'oB" Unit in each Building, for utilities and mechanical uses. Easements for utilities and other
purposes over and across the Units and Common Elements may be as shown upon a recorded
plat or the Condominium Map of the Community, and as may also be established pursuant to the
provisions ofthis Declaration, or granted by authority reserved in any recorded document.
Section 2.4 Easements for the Association and Unit Owners. Each Unit shall be
subject to an easement in favor of the Association, acting through the Board of Directors
(including its agents, employees and contractors) and to each Owner to allow for their
performance of obligations in this Declaration. On exercising this easement right, the party
exercising the right shall be responsible for any resulting damages. Non-emergency repairs shall
be made only during regular business hours on business days after at least twenty-four (24) hours
notice to the occupants of a Unit wherein repairs are to be made. The Association shall have an
easement to enter a Unit to inspect for damage or destruction to the Common Elements or
Limited Common Elements or to a Unit or for access to the Common Elements or Limited
Common Elements or to a Unit, for general maintenance and for events which may be causing
waste of water, heat or any other utility provided by the Association or paid as a part of Common
Expenses. If the inspection reveals that the Owner has failed to maintain the Unit so as to
{0075421 DOC:7}
5
prevent waste of common utility services provided for as a Common Expense, the Board shall
follow the procedures provided for in this Section.
Section 2.5 Easement for Encroachments. If any part of the Common Elements
encroaches or shall hereafter encroach upon a Unit, an easement for the existence ofsuch
encroachment and for the maintenance of the same shall and does exist. [f any part of a Unit
encroaches or shall hereafter encroach upon the Common Elements, or upon another Unit, the
Owner of that Unit shall and does have an easement for the existence ofsuch encroachment and
for the maintenance of same, The easement shall extend for whatever period of time the
encroachment exists. Such easements for encroachments shall not be considered to be
encumbrances either on the Common Elements or on a Unit. The actual location of a Unit shall
be deemed conclusively to be the property intended to be conveyed, reserved or encumbered
notwithstanding any minor deviations, either horizontally, ver"tically or laterally from the
location of such Unit indicated on the Condominium Map.
Section 2.6 Owners'Easements of Enjoyment. Every Owner shall have a right and
easement of ingress and egress and enjoyment in, to, and over the Common Elements and
Limited Common Elements appurtenant to his or her Unit, and such easement shall be
appurtenant to and shall pass with the title to every Unit, subject to the following provisions:
(a) the right of the Association to limit the number of guests of Owners;
(b) the right of the Association to adopt Rules and Regulations governing the
use of the Common Elementsl
(c) the right ofthe Association, upon approval ofOwners representing at least
seventy-five percent ofthe allocated interests in the Association, to mortgage the
Common Elements as security for that pu{pose, provided, that the rights of such
mortgage shall be subordinate to the rights of the homeowners;
(d) the right power and authority of the Association to grant any easement,
right-of-way, license, lease, dedication or similar interest through, over or in the Common
E lements;
(e) the right ofthe Association to transfer or convey ownership ofthe
Common Element, or any portion thereof, subject to the prior approval of Owners
representing at least 75o/o ofthe allocated interests in the Association; provided that all
Owners of Units to which any Limited Common Element is allocated shall approve of
any transfer or conveyance of that Limited Common Element;
(D the right ofthe Association to suspend the voting rights and, after notice
and the opportunity for a hearing, the right to use of any Common Elements, for a period
not to exceed 60 days or during any period ofviolation ofany otherprovision ofthe
Governing Documentso whichever is greater;
{0075421.DOC:71
(g) the right of the Association to close portions of the Common Elements for
maintenance, repair, replacement, and improvement; and
(h) the right of the Association to change use of or remove improvements to
the Common E,lements;
Section 2.7 Delegation of Use. Any Owner may delegate his right of enjoyment to the
Common Elements and facilities to Owner's family, tenantso invitees, lesseeso and guests, subject
to the Rules and Regulations.
ARTICLE 3
THE ASSOCIATION
Section 3.1 Membership. Every person who is an Owner shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of
any Unit. Ownership of a Unit shall be the sole qualification for membership. Each Unit shall
be entitled to cast votes according to the allocated interests section ofthis Declaration.
Fractional and cumulative voting are prohibited.
Section 3.2 General Purposes and Powers of the Association. The Association,
through its Board of Directors, shall perform functions and manage the Community as provided
in this Declaration so as to protect the value and desirability of the Community and the Units and
to further th€ interests ofthe residents, occupants, tenants and guests ofthe Community and
Members of the Association. All Owners and any purchaser of a Unit shall be deemed to have
assented to, ratified and approved such designation and management. The Association shall
have all power necessary or desirable to effectuate such purposes.
Section 3.3 Authority of the Association. The business affairs of the Communify shall
be managed by the Association. The Association shall be governed by the Act, to the extent it
applies to communities created prior to July l,1992, this Declaration, the Condominium Map, its
Articles of Incorporation and Bylaws, and any Rules and Regulations adopted by the Board of
Directors. Al1 corporate powers of the Association, unless otherwise specified in the Governing
Documents, shall be exercised by or under the authority of the Board of Directors, and the
business and affairs ofthe Association shall be managed under the direction ofthe Board of
Directors. The Board of Directors may, by written resolution, delegate authority to a manager or
managing agent for the Association, provided no such delegation shall relieve the Board of final
responsibility.
Section 3.4 Allocated Interests. The ownership interest, Common Expense liability
and votes in the Association allocated to each Unit are set as follows:
(a) the percentage of ownership of the Common Elements, based on the
approximate square footage of each Unit, as set forth in Exhibit B of this Declaration;
[007542].DOC:7]
7
(b) the percentage of liability for Common Expenses, based on the
approximate square footage of each Unit, as set forth in Exhibit B of this Declaration; and
(c) the number of votes in the Association, based on the approximate square
footage of each Unit, as set forth in Exhibit B of this Declaration.
If any Unit is changed in size or boundaries, as allowed for in this Declaration, the above
formulas shall be applied to determine the re-allocations of the above interests.
Section 3.5 Indemnification. To the full extent permitted by law, each officer, director
or committee member of the Association and other volunteer appointed by the Board of
Directors shall be indemnified by the Unit Owners and the Association against all expenses and
liabilities including attorney fees, reasonably incurred by or imposed upon them in any
proceeding to which they may be a party, or in which they may become involved, by reason of
being or having been an officer, director, committee member or other volunteer of the
Association, or any settlements thereof, whether or not they are an officer, director, committee
member or other volunteer appointed by the Board of Directors at the time such expenses are
incurred, pursuant to the indemnification provisions set fofth in the Bylaws and Colorado law.
ARTICLE 4
UNITS, COMMON ELf,MENTS AND
LIMITED COMMON ELEMENTS
Section 4.1 Number of Units. The number of Units included in the Communitv is
currently I 1 .
Section 4.2 Unit Boundaries.
(a) Boundaries. The following are designated as boundaries of each Unit, as
defined below and as depicted on the Condominium Map:
(i) The unfinished interior surfaces of the perimeter walls. All lath,
furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished
flooring and any other materials constituting the finished surfaces are part ofthe
Unit and all other portions of the floors, walls and ceilings are part of the
Common Elements. Where found on the walls and ceilings, the interior surfaces
ofbuilt-in fireplaces with their flues in the closed position shall be boundaries of
the Unit;
(ii) Unfinished interior surfaces of floors, or the lowermost floors, if it
is a Unit containing more than one level;
(iiD Unfinished interior surfaces of ceilings, or the uppermost ceilings,
if it is a Unit containing more than one level;
{0075423.DOC;7}
g
(iv)The windows and window frames" doors and door frames of the
Unit.
Each Unit includes the spaces and improvements lying within the boundaries described
above, including windows, window frames, doors and door frames, and as depicted on the
Condominium Map.
Section 4.3 Limited Common Elements.
(a) The following portions of the Common Elements are Limited Common
Elements assigned to the Units as stated:
(D If a chute, flue, pipe, duct, wire, conduito bearing wall, bearing
column or other fixture lies partially within and partially outside the designated
boundaries of a Unit, the portion serving only the Unit is a Limited Common
Element, allocated solely to the Unit, the use of which is limited to that Unit and
any portion serving more than one Unit is a Limited Common Element to those
Units and any portion serving only the Common Elements is a part of the
Common Elements;
(ii) Any balconies, patios, steps, stoops, fences or walls enclosing a
patio or deck, enclosed yard areas or other fixtures designed to serv€ a single Unit
or designed to serve the Units located on one ofthe underlying lots ofthe
property, located outside the boundaries of the Unit, are Limited Common
Elements allocated exclusively to the Unit, or, as the case may be, to the Units
located on that lot, and their use is limited to those Units;
(iiD Any fireplaces, chimney stack or chase, pipe, vent or vent cap or
skylights allocated exclusively to a Unit or Units (but less than all Units), unless
otherwise specified;
(iv) Parking spaces which have been assigned by deed or are assigned
by the Condominium Map or other means; and
(v) Storage spaces which have been assigned by deed and are
appurtenant to a Unit,
(b) The Association may, in its discretion, allow superficial, cosmetic and
other minor modifications to the Limited Common Elements without expanding a Unit,
but allowing for changes to the surface of the Limited Common Elements and without
changes to Common Elements that are not Limited Common Elements without a
membership vote, but only with consent of the Owner(s) to whose Unit(s) the Limited
Common Element is appurtenant.
{0075423.DOC;?}
q
Section 4.4 Mechanic's Liens. No labor performed and/or materials fumished for use
and incorporated into any Unit with the consent or at the request of the Owner thereof, his agent,
contractor, or subcontractor, shall be the basis for the filing of a lien against a Unit ofany other
Owner not expressly consenting to or requesting the same, or against any interest in the Common
Elements. Each Owner shall indemnifu and hold harmless each of the other Owners and the
Association from and against any liability or loss arising from the claim of any mechanic's lien
against the Unit of any other Owner, the Common Elements, or any part thereof, for labor
performed and/or materials fumished in work on the first Owner's Unit. The Association may
pay any sums necessary to eliminate any lien filed against Units not benefiting from the labor
and/or materials furnished and the Common Elements on behalf of the other Owners and all
sums paid shall be an Individual Assessment against the Owner or Owners for whom the labor
and/or materials were furnished.
ARTICLE 5
MAINTENANCE RESPONSIBILITY
Section 5.1 Association Maintenance. The Board of Directors of the Association shall
determine the specifications, scope, extent, nature and parameters of the Association's
maintenance responsibil ities.
(a) General Maintenance Standards. The Association shall maintain and keep
in good repair as a Common Expense the following:
(D all Common Elements, including any Limited Common Elemenrs,
unless otherwise set forth in the following Section of this Declaration, and
excluding all improvements made to such Limited Common Elements by
individual Owners;
(iD periodic painting, staining and/or cleaning ofexterior surfaces of
the Condominium building(s) (excluding windows doors and glass) and exterior
window frames on a schedule to be determined by the Board of Directors;
(iiD all maintenance and repair of Limited Common Element chimney
flues and chimney caps, except that Owners shall be responsible for replacement
and improvement of the same, as set forth in this Declaration. The cost for the
Association to maintain and repair chimney flues and chimney caps may be
assessed against the Owner of the Unit to which the chimney flue and chimney
cap are appurtenant, pursuant to this Declaration;
(i") all sewer lines, pipes and other utility lines up to the point such
pipes and lines enter the Unit;
(v) all parking spaces in the Community;
{0075423.DOC:7}
(vi) trash removal;
10
(vii) landscaping; and
(viii) snow clearing on parking areas,, roofs or those areas directed by the
Board, but not sidewalks, steps or patios which are Limited Common Elements,
or where a Common Element has been modified by an Owner.
(b) Landscane Maintenance by the Owner of Unit 2A (Amended). The
Owner of Unit 2,{ (Amended) shall maintain, repair, replace and improve the heating
elements for the flagstone, as a part of improvements added in 2003 on that portion of the
Property described as Lot 1.
(c) Maintenance of Common Elements bv Owner. Subject to the maintenance
responsibilities herein provided, any maintenance or repair performed on or to the
common Elements by an owner or occupant which is the responsibility of the
Association under this Declaration (including, but not limited to landscaping of Common
Elements) shall be performed at the sole expense ofsuch Owner or occupant, and the
Owner or occupant shall not be entitled to reimbursement from the Association even if
the Association rejects or accepts the maintenance or repair.
(d) Damage to Unit by Association. The Association shall repair incidental
damage to any Unit resulting from performance of work or other causes within the
Association's control which is the responsibility of the Association. As finish levels can
have varying degrees, such repairs will be complete only to the extent of being "paint-
ready" or "bare walls." Such repair and subsequent cleaning shall be performed based on
a reasonableness standard. In performing its responsibilities under this Declaration, the
Association shall have the authority to delegate to such persons, firms or corporations of
its choice, such duties as are approved by the Board ofDirectors.
(e) Liabilitv of Association. The Association shall not be liable for injury or
damage to person or property caused by the owner of any Unit, or any other p.oon, o.
resulting from any utility, rain, snow, wind or ice which may leak or flow from any
portion of the Common Elements or from any pipe, drain, conduit, appliance or
equipment which the Association is responsible to maintain under this Declaration,
except for injuries or damages arising after the Owner of a Unit has put the Association
on notice of a specific leak or flow from any portion of the Common Elements and the
Association has failed to exercise due care to comect the leak or flow within a reasonable
time thereafter. The Association shall not be liable to the Owner of any Unit or such
owner's occupant. guest, or family, for loss or damage, by theft or otherwise. of any
property which may be stored in or upon any of the Common Elements. The Association
shall not be liable to any owner, or any owner's occupant, guest or family for any
damage or injury caused in whole or in part by the Association's failure to discharge its
responsibilities under this Section where such damage or injury is not a foreseeable,
natural result of the Association's failure to discharge its responsibilities. No diminution
or abatement of Assessments shall be claimed or allowed by reason of any alleged failure
{0075423.DOC;7}
of the Association to take some action or perform some function required to be taken or
performed by the Association under this Declaration, or for inconvenience or discomfort
arising from the making of repairs or improvements which are the responsibility of the
Association, or from any action taken by the Association to comply with any law,
ordinance, or with any order or directive of any municipal or other governmental
authority.
Section 5.2 Owner's Maintenance Responsibility.
(a) Except as otherwise provided in Section 5.1 above, each Owner shall have
the obligation to maintain, repair and replace all portions of the Owner's Unit.
(b) Specific Owner maintenance, repair and replacement shall include, but not
be limited to the following:
(i) all glass surfaces, windows, window screens, window frames
(except for periodic painting and/or staining ofthe exterior window frames),
casings and locks (provided, however, no changes that affect the exterior
appearance of the windows may be made unless prior written approval is obtained
from the Board of Directors);
(iD all skylights to or of a Unit;
(iii) all doors, doorways, door frames, hardware and locks and door
chimes that are part of the entry system of the Unit;
(iv) any fireplace, chimney stack or chase, pipe, vent or vent cap
serving the Unit and all components of the fireplace, including the chimney box,
flue and chimney cap, if any, except that the Association may maintain and repair
such chimney box, flue and chimney cap at the Unit Owner's expense;
(v) any chimney run, flue and fireplace exhaust, pipes, lines, ducts,
conduits or other apparatus which serve only the Unit, from the point where the
utilities enter the Unit (including all elecnicity, water, sewer, or air conditioning
pipes, lines, ducts, conduits); all utility meters or other apparatus serving only the
Unit whether located within or without the boundaries of the Unit and
communications, television, telephone and electrical lines, receptacles and boxes
serving any Unit whether located within or without the boundaries of the Unit;
("i) any lights, light fixtures and light bulbs appurtenant to a Unit;
(vii) any portion of the heating and air conditioning system, including
the air conditioning compressor and the fan coil serving the Unit;
{0075423.DOC,7}
t)
(viii) any Association approved additions or alterations made by the
Owner to the Units or Limited Common Elements.
(c) Cleanliness. Each Owner shall maintain in a neat and clean condition the
following: the sidewalk, deck, enclosed yard area, porch, balcony, balcony railing and
patio area adjoining anylor leading to a Unit, if any, including snow and ice removal and
cleaning.
(d) Standards Governing Owners. Owner shall have the responsibility to:
(i) perf,orm his or her responsibility in such manner so as notto
unreasonably disturb other persons in Units;
(ii) promptly report to the Association or its agent any defect or need
for repairs, for which the Association is responsible; and
(iii) pay for the cost ofrepairing, replacing or cleaning up any item
which is the responsibility of the Unit Owner but which responsibility such
Owner fails or refuses to discharge (which the Association shall have the right,
but not the obligation, to do), or to pay for the cost of repairing, replacing or
cleaaing up any item which, although the responsibility of the Association, is
necessitated by reason of the willful or negligent act of the Unit Owner, his or her
family, tenants, guests, with the cost thereof to be added to and become part of the
Unit Owner's next chargeable Assessment.
Section 5.3 Mold. Each Owner shall be required to take necessary measures to retard
and prevent mold from accumulating in the Unit, and the Common Elements, including but not
limited to appropriate climate control, removal of visible moisture accumulation on windows,
window sills, walls, floors, ceilings and other surfaces and cleaning of the same. No Owner shall
block or cover any heating, ventilation or air conditioning ducts. Owners shall immediately
notify the Board in writing of the following: (a) any evidence of water leaks, water infiltration or
excessive moisture in a Unit; (b) any evidence of mold that cannot be removed by the Owner
with a common household cleaner; (c) any failure or malfunction in heating, ventilation or air
conditioning; (d) any inoperable doors, windows, heating, ventilation or air conditioning ducts.
The receipt of notice by the Association shall not create any additional Association maintenance
responsibility other than those set forth in this Declaration. Owners shall be responsible for any
damage to his or her Unit and personal property, to any other Unit or the Common Elements, ai
well as any injury to the Owner or occupants resulting from the Owner's failure to comply with
this section' Owners shall be responsible for all costs and expenses incurred by the Boari to
remove mold and/or damage within his or her unit, to any other unit or to the common
Elements if the Owner fails to meet the requirements of this Section.
{0075a2l.DOC;7}
l3
Section 5.4 Inspection. Renair and Replacement of Designated Owner Maintenance
Components. The Association shall have the right, but not the obligation, to conduct a periodic
inspection, on a schedule to be determined by the Board of Directors, of designated Owner
maintenance components. If, in the Board of Director's sole discretion, the component needs to
be maintained, repaired or replaced, the Association may provide such maintenance, repair or
replacement (even though such component may be the Owner's responsibility) and the cost of
such periodic inspection, maintenance, repair or replacement may be assessed against the Owner
of the Unit served by such component pursuant to the following Section of this Declaration.
Such maintenance items may include smoke alarms, heat inspections, furnace inspections,
chimney inspections and,/or repairs thereto.
Section 5.5 Failure to Maintain. If the Board of Directors determines that any Owner
has failed or refused to discharge properly his or her obligation with regard to the maintenance,
repair, or replacement of items of which he or she is responsible under this Declaration, then,
except in the case of an emergency, the Association shall give the Owner written notice of the
Owner's failure or refusal and of the Association's right to provide necessary maintenance, repair,
or replacement at the Owner's cost and expense. The notice shall set forth with reasonable
particularity the maintenance, repair, or replacement deemed necessary by the Board of
Directors.
Unless the Board of Directors determines tiat an emergency exists, the Owner shall have
l0 days within which to complete maintenance or repair, or if the maintenance or repair is not
capable of completion within such time period, to commence replacement or repair within 10
days. If the Board determines that: (i) an emergency exists or (ii) that an Owner has not
complied with the demand given by the Association as provided in this Section; then the
Association may provide any such maintenance, repair, or replacement at the Owner's sole cost
and expense, and such costs shall be added to and become a part of the Assessment to which
such Owner is subject, shall become and be a lien against the Unit, and shall be collected as
provided in this Declaration for the collection of Assessments.
If the Board determines that the need for maintenance or repair is a Common Expense
and is caused through the willful or negligent act of any Owner, or occupant or their family,
guests, lessees, or inviteeso then the Association may assess the cost ofany such maintenance,
repair, or replacement against the Owner's or occupant's Unit, shall become a lien against the
Unit, and shall be collected as provided in this Declaration for the collection of Assessments.
ARTICLE 6
COVENANT FOR COMMON EXPENSE ASSESSMENTS
Section 6.1 Creation of Association Lien and Personal Oblieation to Pay Common
Exoense Assessments. Each Unit, and each Unit Owner, confirms and shall also be deemed to
covenant and agree to pay to the Association annual Common Expense Assessments and such
other Assessments as imposed by the Association. Such Assessments, including fees, charges,
late charges, attomey fees, fines and interest charged by the Association shall be the personal
obligation of the Unit Owner of such Unit at the time when the Assessment or other charses
{0075423.DOc;7}
14
became or fell due. The annual Common Expense Assessments and such other Assessments as
imposed by the Association, including fees, charges, late charges, attorney feeso fines and interest
charged by the Association, shall be a charge on each Unit and shall be a continuing lien upon
the Unit against which each such Assessment or charge is made. If any Assessment is payable in
installments, the full amount of the Assessment is a lien from the time the first installment
becomes due. The personal obligation to pay any past due sums due the Association shall not
pass to a successor in title unless expressly assumed by them. No Unit Owner may become
exempt from liability for payment of the Common Expense Assessments by waiver of the use or
enjoyment of the Common Elements or by abandonment of the Unit against which the Common
Expense Assessments are made. All Assessments shall be payable in the amounts specified in
the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including,
without limitation, any claim that the Association or the Board of Directors is not properly
exercising its duties and powers under this Declaration.
Section 6.2 Apportionment of Common Expenses. Except as provided in this
Declaration, all Common Expense Assessments shall be assessed against all Units in accordance
with the formula for liability for the Common Expenses as set forth in this Declaration.
Common Expense Assessments are currently allocated among the Unit Owners as set forth in
Exhibit B.
Section 6.3 Annual Assessment. The Common Expense Assessment may be made on
an annual basis against all Units and shall be based upon the Association's advance budget ofthe
cash requirements needed by it to provide for the administration and performance of its duties
during such assessment year. The budget shall be submitted to the Unit Owners for ratification
pursuant to Section 303(4) of the Act and as set forth in the Bylaws, as the Bylaws may be
amended from time to time. The budget may be vetoed by votes of owners representing a
majority of the votes in the Association. Common Expense Assessments shall be due and
payable in monthly, quarterly, or annual installments, or in any other manner, as determined by
the Board of Directors. The omission or failure of the Board of Directors to levy the Assessment
for any period shall not be deemed a waiver, modification or a release of the Unit Owners from
their obligation to pay.
Section 6.4 Special Assessments. In addition to other authorized Assessments, the
Association may levy Special Assessments from time to time to cover previously unbudgeted
expenses or expenses in excess of those budgeted, including, without limitation, the costs of any
construction, restoration, or unbudgeted repairs or replacements of capital improvements that are
not covered by the general reserve fund. Any Special Assessment shall be submitted to the Unit
Owners for ratification pursuant to Section 303(4) of the Act and as set forth in the Bylaws, as
the Bylaws may be amended from time to time. Except as provided for in this Section, no
Special Assessment proposed by the Association shall be levied until it is ratified by the Owners
of the Units that will be subject to such Special Assessment. A proposed Special Assessment
will be ratified unless Owners representing more than a majority of the votes allocated to the
Units that will be subject to the special Assessment vote, either in person or by proxy, to reject
the Special Assessment at a meeting called for such purpose. special Assessments may be
payable in installments extending beyond the fiscal year in which the Special Assessment is
{0075423 DOC;71
| {
approved. The Board shall have the right to require that Special Assessments be paid in advance
ofthe provision ofthe subject services or materials.
Section 6.5 Default Assessments. All monetary fines assessed against an Owner
pursuant to the Governing Documents, or any expense of the Association which is the obligation
of an Owner or which is incurred by the Association on behalf of the Owner pursuant to t}re
Governing Documents shall be a Default Assessment and shall become a lien against such
Owner's Unit which may be foreclosed or otherwise collected as provided in this Declaration.
Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject
to such Assessment at least l0 days prior to the due date.
Section 6.6 Individual Assessments. The Association shall have the right to add to
any Owner's Assessment as provided in this Article those amounts expended by the Association
for the benefit of any individual Unit and the Owner thereof, including, but not limited to: fines;
improvement, repair, replacement and maintenance specific to a Unit; improvement, repair,
replacement and maintenance caused by the negligent or willful acts of any Owner, his guests,
employees, licensees, lessees or invitees; and all other expenditures or charges which the Board,
in its sole discretion, chooses to allocate to a Unit and which are readily determined to be
allocable to a particular Unit.
Section 6.7 Effect of Non-Pavment of Assessments. Any Assessment, charge or t'ee
provided for in this Declaration, or any monthly or other installment thereof, which is not fully
paid within 30 days after the due date thereof, as established by the Board of Directors, shall bear
interest at the rate established by the Board of Directors, on a per annum basis from the due date,
and the Association may assess a reasonable late charge thereon as determined by the Board of
Directors. Failure to make payment within 90 days of the due date thereof shall cause the total
amount of such Unit Owner's Common Expense Assessment for the remainder of that fiscal year
to become immediately due and payable at the option of the Board. The Board may, in its
discretion, decelerate the Member's annual Assessment. Further, the Association may bring an
action at law or in equity, or both, against any Unit owner personally obligated to pay such
overdue Assessments, charges or fees, or monthly or other installments thereof, and may also
proceed to foreclose its lien against such Unit OwneCs Unit. An action at law or in equity by the
Association against a Unit Owner to recover a money judgment for unpaid Assessments, charges
or fees, or monthly or other installments thereof, may be commenced and pursued by the
Association without foreclosing, or in any way waiving, the Association's lien therefor.
Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop
or otherwise preclude the Association from thereafter again foreclosing or attempting to
foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other
installments thereof, which are not fully paid when due. The Association shall have the power
and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and
hold, lease, mortgage, vote the Association votes appurtenant to ownership thereof, convey or
otherwise deal with the same. If a foreclosure action is filed to foreclose any Assessment lien,
and a Unit Owner abandons or leaves vacant his or her Unit, the Board may take possession and
rent said Unit or apply for the appointment of a receiver for the Unit without prior notice to the
Unit Owner. The rights of the Association shall be expressly subordinate to the rights of any
{0075423.DOC;7}
16
holder of a first lien security interest as set forth in its deed of trust or mortgage (including any
assignment of rents), to the extent permitted under the Act.
Section 6.8 Lien Prioritv. The lien of the Association under this Section is prior to all
other liens and encumbrances on a Unit except: (l ) a first lien security interest on the Unit
(except as allowed by the Act with regard to the limited lien priority allowed to the Association);
and (2) liens for real estate taxes and other governmental assessments or charges against the
Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of
the Association under this Article is not subject to the provision of any homestead exemption as
allowed under state or federal law. Sale or transfer of any Unit shall not affect the lien for said
Assessments or charges except that sale or transfer ofany Unit pursuant to foreclosure ofany
first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure,
or cancellation or forfeiture shall only extinguish the lien ofAssessment charges as provided by
applicable state law. No such sale, transfero foreclosure, or any proceeding in lieu thereof,
including deed in lieu offoreclosure, nor cancellation or forfeiture shall relieve any Unit from
continuing liability for any Assessment charges thereafter becoming due, nor from the lien
thereof.
Section 6.9 Owner's Negligence or Misconduct. In the event that the need for
maintenance, repair, or replacement of the Common Elements, or any portion thereof, is caused
through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's
agents, employees, guests, customers, or invitees, including, but not limited to, damage from
water overflowing from a tub, hot water heater leaks, or water damage from a washing machine,
dishwasher or hose, then the expenses, costs, and fees incurred by the Association for such
maintenance, repair, or replacement shall be a personal obligation of such owner. lf such
expenses costs and fees incurred by the Assooiation are not repaid to the Association within
seven days after the Association shall have given notice to the Owner ofsuch expenses, costs,
and fees, then the failure to so repay shall be a default by the Owner under the provisions ofthis
Declaration. Such expenses, costs, and fees shall automatically become a default Assessment
determined and levied against such Unit, and the Association may proceed in accordance with
the applicable provisions of this Article.
Section 6.10 Borrowing. The Association shall have the power to assign its right to
future income, including the right to assign its right to receive Common Expense Assessments
with the approval of 75% of the votes in the Association.
ARTICLE 7
RESTRICTIONS ON USE, ALIENATION
AND OCCUPANCY
All Property within the community shall be held, used and enjoyed subject to the
following limitations and restrictions. The strict application of the following limitations and
restrictions in any specific case may be modified or waived, in whole or in part, by the Board of
Directors or by an appropriate committee (subject to review by the Board of Directors) if such
{0075423.DOC;7}
t7
strict application would be unreasonable or unduly harsh under the circumstances. Any such
modification or waiver must be in writing or must be contained in written guidelines or rules.
Section 7.1 Use/Occupancy. All Units within the Community shall be used only for
those uses and/or purposes as allowed by the local zoning, control and regulation. Occupancies
may also be subject to any Rules and Regulations adopted by the Association. Units shall not be
used for any purpose other than as a residential dwelling. Commercial and business uses with
any adverse extemal effect on the nature, perception, operation or ambiance of the Community
as a first class residential Community, as reasonably determined by the Board, are prohibited
unless approved by the Association and allowed pursuant to restrictions ofrecord and by local
zoning ordinances and regulations,
Section 7.2 Leasing and Occupancy. Any Owner shall have the right to lease or allow
occupancy of a Unit upon such terms and conditions as the Owner may deem advisable, subject
to the restrictions ofthis Declaration, subjectto restrictions ofrecord and subjectto the
following:
(a) All occupancieso leases and rental agreements of Units shall state that the
failure of the tenant, lessee, renter or their guests to comply with the terms of the
Declaration or Bylaws of the Association, Articles of Incorporation or the Rules and
Regulations ofthe Association shall constitute a default ofthe occupancy. lease or rental
agre€ment and of this Declaration and such default shall be enforceable by either the
Association or the landlord, or by both of them.
(b) All occupancies of Units shall be subject to the right of the Association to
remove and/or evict the occupant for failure to comply with the terms of the Declaration,
the Bylaws of the Association, the Articles of lncorporation or the Rules and Regulations
of the Association. If the Association requests that the Owner evict the Owner's tenant
based on the terms of this Declaration, and the Owner fails to commence such action
within 30) days of the date of the Association's request and notice, the Association may
commence eviction proceedings. Upon failure by the Owner to comply with the
Association's request to evicto the Owner had delegated and assigned to the Association,
acting through the Board, the power and authority to evict the lessee as attorney-in-fact
onbehalfofandforthebenefitoftheOwner. IftheAssociationevictsthelessee,any
costs, including, but not limited to, reasonable attorney fees actually incurred and court
costs associated with the eviction shall be an Assessment and lien against the Unit.
(c) Leases shall be for or ofthe entire Unit.
The Association shall have the authority to adopt Rules and Regulations regarding
leasing, including the implementation of this restriction, and for implementation of other
restrictions in the Declaration and as allowed bv law.
{0075423.DoC;?}
l8
Section 7.3 Restrictions on Sale of a Unit/Limited Right of First Refusal. The right of
a Unit Owner to sell, transfer or otherwise convey their Unit shall not be subject to any right of
first refusal or similar restriction and such Unit may be sold free of any such restrictions, except
for the right of first refusal set forth in this Section. The rieht of a Unit Owner to lease his or her
Unit is subject to restrictions set forth above.
(a) Notice b), Unit Owner. Any Unit Owner who decides to sell his or her
Unit ("Offeror") will give wriffen notice to the Board of Directors and the Unit Owners to
the right, left, above and below the Unit (the Unit Owners entitled to receive the notice
referred to collectively as the "Offerees") of owner's intention sell, the terms and
conditions of the proposed transaction. Any notice given in accordance with this Article
will be effective whether or not it is actually received.
(b) pffer to other Unit Owners. The written notice, given by an Offeror to the
Board and the Offerees, will constitute and be deemed an offer by that Offeror to sell to
any Offeree uniler the terms and conditions contained in the notice. If the notice
constitutes an olfer to sell, the closing date will be 45 days after the date ofthe offer,
unless the offer provides for a later closing date.
(c) 1\cceptance of Offer. Within 10 days after the mailing of the notice, an
Offeree may elect to accept the offer by written notice to the Offeror and to the Board.
This notice will be either hand delivered to each person or mailed to each person,
respectively, at the address ofthe Offeror as shown on the records ofthe Association and
at the address o:lthe Association. If more than one Offeree elects to accept the offer
within the required time period, the Unit will first go to vertically contiguous Offerees
and then to the horizontally contiguous Offerees. Ifthere is more than one accepting
Offeree in the same class, (horizontally contiguous or vertically contiguos) the Board will
conduct an auction between Offerees with the same priority of purchase rights. The
auction will relate only to purchase price. If no greater bid is made, the Offeree whose
acceptance was received first by the Board within the time limit that may be set will win
the auction. Notice of any auction will be given promptly, and the auction will be held
five days after the expiration of the above-mentioned I 0-day period.
(d) !'ailure of Offerees to Accept Offer. If no Offeree will accept the offer
within 10 days of the giving of notice by the Offeror, the Offeror will be free to sell to
any person, at a price no lower than the price in the offer and under no better terms than
were contained in the offer. Ifthe Offeror later decides to reduce the purchase priceo or
otherwise materially and significantly changes the terms of the offer, then the Offeror
must first offer the improved terms to the Offerees, pursuant to and in accordance with
this Section befrrre offering the improved terms to others.
(e) Violation. Any purported sale of a Unit in violation of this Article will be
voidable within five days from the date the document evidencins the sale or lease is
recorded, at the election of the Association. The Association ma-y take any other action
against the parties to the transaction which are permitted by law.
{0075423.DOC:7}
19
(f) Excentions. The provisions of this Article will not apply (a) with respect
to any sale or lease by a Unit Owner of his or her Unit to her spouse, any children,
parents or siblings or to a partner or principal in the Unit Owner's firm, who has been a
partner or principal for at least one year prior to the conveyance, and the firm owns or
occupies the Unit or (b) to the acquisition or sale of a Unit by an authorized mortgagee
who acquires title to the Unit by mortgage, foreclosure or deed in lieu of foreclosure, or
to the acquisition of a Unit by a purchaser at any judicial sale. Any Unit Owner will be
free to convey or transfer his Unit by gift, to devise his Unit by will or to pass the same
by intestacy, without compliance with any of the provisions of this Article.
(g) Release by Association of Right of Refusal. The right of first refusal
contained in this Article may be waived by the Association upon notice, orally or
otherwise, from the other Unit Owners or their representatives, eligible to take advantage
of the Offer (those Unit Owners who are either horizontally or vertically contiguous with
the Unit for sale) that they do not intend to exercise their right of first refusal with respect
to a particular sale or lease. If this right is waived, then the Unit, together with the
Appurienant Intgrest, may be sold, conveyed or leased, or a previous sale, conveyance or
lease may be confirmed to be free and clear of the provisions of this Article. A waiver
executed by the President or Secretary will be binding on the Association with respect to
the validity of any act taken in reliance on the waiver. This provision does not relieve
any officer of the fiduciary duty of good faith to the members of the Association.
(h) Certificate of Termination of Right of First Refusal. A recordable
certificate, executed and acknowledged by the President, Secretary or manager ofthe
Association, on behalf of the Association and the Unit Owners, stating that the provisions
of this Article have been met by an Offeror and that no Offeree has accepted the offer, or
that the Offeree's rights have been duly waived by the Association and/or the Offerees, or
that the transfer is exempt from this Article, will be binding upon the Association and the
Unit Owners in favor of all persons who rely on the certificate in good faith. A certificate
will be furnished to any Unit Owner who has in fact complied with the provisions of the
Article.
Section 7.4 Use of Patios and Balconies. No shade, awning, window guard or any
temporary article (except for patio fumiture, firewood, bicycles, hanging hammocks, plants,
planters, hanging planters, grills and barbecue accessories, thermometers or other small
meteorological devices, wind chimes, flags and appropriate decorations during holiday seasons)
shall be hung from or placed outside the window or outside the Unit, including patios and
balconies. Balconies, patios and decks shall not be used for the storage or maintenance of
motorcycles, exercise equipment, household or commercial appliances, bedding, animal shelters,
household furniture, cartons or boxes, mechanical or electrical equipment, tools, building
materials or clothine.
{0075423.DOC;7}
20
Section 7.5 Restrictions on Animals and Pets. Pets, including cats, dogs, birds,
reptiles, or other household animals, hereinafter for brevity termed "animal," may be kept,
maintained or harbored in a Unit, if the animal is not a nuisance to other Owners or occupants.
No Owner or resident shall maintain any animal which, in the sole discretion of the Board, is
considered to be a danger to the Owners, management staff or occupants in the Community or is
otherwise considered to be a dangerous breed, as may be further defined in the Rules and
Regulations. If an animal is deemed a nuisance, the Owner or person having control of the
animal shall be given a written notice to correct the problem. If not corrected, that Owner, upon
a second written notice, will be required to remove the animal from the Community pursuant to,
and in accordance with, any dispute resolution procedures as may be set forth in this Declaration
or the Rules and Regulations, if any. The written notices provided for in this Section shall be
issued by the authorized representative ofthe Association or, ifthere is no authorized
representative then by one or more of the members of the Board of Directors of the Association.
Animals may not be kept for any commercial purposes. When on other Common Elements,
animals must be on a leash and under the control of the Owner of the animal, Feces left by
animals upon the Common Elements or Limited Common Elements, must be removed promptly
by the owner of the animal or the person responsible for the animal. Animals shall not be
allowed to defecate or urinate on any patio or balcony in the Community, Owners shall hold the
Association harmless from any claim resulting from any action of their animals.
Section 7.6 Antennae. Exterior television, satelliie or other antenna are allowed only
to the extent expressly permitted under applicable federal statutes or regulations ("Permitted
Antennas"). Permitted Antennas shall be installed in the least conspicuous location available on
the Unit which permits acceptable signals, without unreasonable delay or increase in the cost of
installation, maintenance or use of the Permitted Antenna. The Association may adopt rules
regarding location and installation of Permitted Antennas, subject to limitations of applicable
federal law. Except as allowed by federal statutes and regulation, no exterior television or any
other antennae, microwave dish, satellite dish, satellite antenna, satellite earth station or similar
device of any type shall be erected, installed or maintained on a Unit.
Section 7.7 Nuisances. No nuisance shall be permitted within the Community, nor
any use, activity or practice which is the source of unreasonable annoyance or embarrassment to,
or which unreasonably offends or disturbs, any Unit Owner or which may unreasonably interfere
with the peaceful enjoyment or possession of the proper use of a Unit or Common Element, or
any portion of the Community by Unit Owners. Further, no improper, offensive or unlawful use
shall be permitted within the Community or any portion thereof, All valid laws, ordinances and
regulations of all governmental bodies having jurisdiction over the Community or a portion
thereof shall be observed.
Section 7.8 Vehicular Parking, Storase, and Repairs.
(a) Vehicular parking upon the Common Elements and Limited Common
Elements shall be regulated by the Board of Directors.
{0075423.DOC;7}
1r
(b) No activity such as, but not limited to, maintenance, repair, rebuilding,
dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be
performed or conducted in the Community, except as permitted by the Association's
Rules and Regulations or approval.
(c) Designated parking spaces (designated as either a part of a Unit, a Limited
Common Element or as a part of Common Elements) are restricted to use for access or as
a parking space for vehicles.
(d) Parking in fire lanes (as designated by the Association or as designated by
local government or a local fire protection authority) shall not be permitted.
(e) If any vehicle is parked on any portion of the Community in violation of
this Section or in violation of the Association's rules and regulations, the Board may
place a notice on the vehicle specifying the nature of the violation and stating that after
48 hours the vehicle may be towed or booted. The notice shall include the name and
telephone number of a person to contact regarding the alleged violation. A notice also
shall be conspicuously placed at the Community stating the name and telephone number
of the person or entity which will do the towing and/or booting under this Declaration. If
48 hours after such notice is placed on the vehicle the violation continues or thereafter
occurs again within six months of such notice, the vehicle may be towed or booted in
accordance with the notice, without further notice to the vehicle owner or user,
(D Ifa vehicle is parked in a fire lane, is blocking another vehicle or access to
another Owner's or occupant's Unit or dwelling, is obstructing the flow of traffic, is
parked on any landscaped or grassy area, is parked in a space which has been assigned as
exclusively serving another Unit, or otherwise creates a hazardous condition, no notice
shall be required and the vehicle may be towed pr booted immediately,
(g) Ifa vehicle is towed orbooted in accordance with this subparagraph,
neither the Association nor any officer or agent of the Association shall be liable to any
person for towing and storage costs or for any claim of damage as a result of the towing
or booting activity. The Association's right to tow or boot is in addition to, and not in
limitation of all other rights of the Association, including the right to assess fines.
Notwithstanding anything to the contrary in this Section, the Board may elect to impose
fines or use other available sanctions, rather than exercise its authority to tow or boot.
Section 7.9 Use of Common Elements. There shall be no obstruction of the Common
Elements, nor shall anything be kept or stored on any part of the Common Elements without the
prior written approval of the Association. Nothing shall be altered on, constructed in, or
removed from the Common Elements without the prior written approval of the Association.
{0075423.Doc;7}
22
Section 7.10 No Annoyins Liehts, Sounds or Odors. No light shall be emitted from
any portion of the Community which is unreasonably bright or causes unreasonable glareo and no
sound or odor shall be emitted from any portion of the Community which would reasonably be
found by others to be noxious or offensive. Without limiting the generality of the foregoing, no
exterior spot lights, searchlights, speakers, horns, whistles, bells or other light or sound devices
shall be located or used on any portion of the Community except with the prior written approval
of the Board of Directors.
Section 7.1 I Compliance with Insurance Requirements. Except as may be approved in
writing by the Board of Directors, nothing shall be done or kept on the Community which may
result in a material increase in the rates of insurance or would result in the cancellation of any
insurance maintained by the Association.
Section 7.12 No Unsiehtliness. All unsightly conditions, structures, facilities,
equipment, objects and conditions shall be enclosed within an approved structure.
Section 7.13 Restrictions on Clothesline and Storage. No clotheslines, drying areas,
service yardso shops, equipment, storage or storage areas shall be installed, allowed, kept,
maintained or permitted in the Community unless the same, in each instance, is expressly
permitted in writing by the Managing Agent or if there is no Managing Agent, then by the Board
of Directors of the Association. Where such written permission is granted, such permission is
revocable if the item or condition becomes obnoxious to otler Owners, in which event the Unit
Owner or person having the item or condition complained of shall be given a written notice to
correct the problem or, if not corrected, the Unit Owner, upon written notice, will be required to
remove the item/condition from their Unit and from the Community. The written notices
provided for in this Section shall be issued by the Managing Agent as the authorized
representative of the Association or, if there is no Managing Agent, then by one (l) or more of
the members of the Board of Directors of the Association. Unit Owners shall deem to hold the
Association harmless from any clairn resulting from any clotheslines, drying areas or yards,
service yards, shops, equipment, storage or storage areas maintained on their Unit.
Section 7.14 Restriction on Signs and Advertisine Devices. Except as provided in this
Section, no sign, poster, billboard, advertising device or display ofany kind shall be erected or
maintained anywhere within the Community except such sign or signs as may be approved in
writing by the Board of Directors.
Section 7. I 5 No Restrictions on Mortgaging of a Unit. There are no restrictions on the
right of the Unit Owners to mortgage or otherwise encumber their Unit. There is no requirement
for the use of a specific lending institution or particular type of lender.
Section 7.16 Changes to Exterior of Buildine and Certain Other Chanqcs.
(a) All changes to the exterior of the Building or exterior of a Unit, or to the
Common Elements (as defined in the Declaration), or any structural change to the
Common Elements that impacts the Building or the entire Community, requires:
{0075423.DOC;7}
12
(i) Plans prepared by professionals acceptable to the Board;
(ii) Board approval, approval from all Members that are a part of that
Building lot in the Association (i.e. underlyingLot2,3, 4, 5 or 6 o the
Community), all Members of the adjacent building lots in the Association, and
approval by 75% of all Owners in the Association; and
(iii) Town of Vail approval.
(b) Approval from Members/Owners shall be deemed given, if a
Member/Owner does not respond within 45 days after a written request for approval from
the Board of Directors;
(c) If an Owner seeks any review of approval of a change with the Town of
Vail prior to securing the approvals of the Board and/or Members as required under these
Guidelines, the proposal of that Owner shall be deemed "not approved" under these Guidelines,
until such time as a complete application to the Association is made and also approved, as
provided for in these Guidelines. Owners who proceed with Town in advance of approval by the
Association are likely to incur extra cost and delays,
(d) The Association may adopt Rules and Regulations or Design Guidelines to
further specify procedures and requirements for construction changes by Owners; and
(e) The provisions of this Section can only be amended with the unanimous
consent of all Owners.
Section 7.17 Condominium Map Restrictions. The restrictions, if any, included on the
Condominium Map for the Property are incorporated herein by this reference.
Section 7.18 Rules and Regulations. In furtherance ofthe provisions ofthis
Declaration, Rules and Regulations concerning and governing the community or any portion
thereof may be adopted, amended, or repealed from time-to-time by the Board of Directors, or its
successors and assigns (except where changes specifically require fufther approval from the
membership, such as Design Review Guidelines that require unanimous consent from all
Owners). The Board of Directors may establish and enforce penalties for the infraction thereof.
Section 7.19 Compliance with Governing Documents. Each Owner shall comply
strictly with the provisions of this Declaration, the Articles of Incorporation, Bylaws, and the
Rules and Regulations of the Association, as amended.
{0075a23.DOC;7}
ARTICLE 8
INSURANCE/CONDEMNATION
Section 8.1 Insurance to be Carried bv the Association. The Association shall obtain
and maintain in full force and effect, to the extent reasonably available and at all times, the
insurance coverage set forth in this Declaration and as set forth in the Act, which insurance
coverage shall be provided by financially responsible and able companies duly authorized to do
business in the State of Colorado.
Section 8.2 Hazard Insurance on the Units and Common Elements. The Association
shall obtain insurance providing all risk coverage or the nearest equivalent available for the full
replacement cost, without deduction for depreciation, for all insurable improvements located on
the Common Elements and for the Units, excluding the finished surfaces of perimeter and
partition walls, floors and ceilings within a Unit (i.e., paint, wallpaper, paneling, other wall
covering, tile, calpet and any floor covering) and excluding the fixtures, betterments and
improvements to a Unit. The insurance obtained by the Association on the Units is not required
to include improvements and betterments installed by Owners, fixtures, personal property of the
Owners, or liability for incidents occurring within the Units or through the Owners'personal
actions. All policies shall contain a standard non-contributory mortgage clause in favor of each
first mortgagee, and their successors and assigns, which shatl provide that the loss, if any tunder
this Declaration, shall be payable to the Association for the use and benefit of such first
mortgagee, and their successors and assigns, as their interests may appear of record in the
records of the office of the Clerk and Recorder of the Eagle County. The Association may also
obtain any additional endorsements which it deems advisable and in the best interests of the
Community by the Board of Directors, including, but not limited to ordinance or law coverage,
demolition cost coverage and increased cost of construction.
The insurance described in this Section shall be inflation coverage insurance, if such
insurance is available, which shall at all times represent one hundred percent (100%) of the
replacement value of all facilities in the Common Elements and the Units, on a "bare wall" basis,
excluding land, foundation, excavation and other items normally excluded from coverage and
except for any deductible provisions as permitted under this Article.
Section 8.3
Fixtures and Betterments. unit owners are required to carry insurance on the interior
improvements, fixtures, betterments and personal property in their Unit for their benefit and at
their expense, provided that the liability of the carriers issuing insurance obtained by the
Association shall not be affected or diminished by reason of any such insurance canied by Unit
Owners and provided, further, that the policies ofinsurance carried by the Association shall be
primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered
by policies ofthe Association. ln this regard, the Association's insurance coverage, as specified
under this Declaration, does not obviate the need for Unit Owners to obtain insurance for their
own benefit.
{0075423.DOC,7}
?s
Section 8.4 Owner Certificates of lnsurance. Owners shall be required to annually
provide the Association, in care of its Managing Agent or President, a certificate of insurance
indicating the Owner has and is maintaining the insurance on their interior improvements as
required in this Declaration. Upon failure of an Owner to provide the Association with this
certificate, the Association may obtain the insurance required and charge the costs thereofto the
Owner. Those costs shall be collectible by the Association as a special Owner insurance
Assessment.
Section 8.5 Liability Insurance. The Association shall obtain an adequate policy of
public liability and property damage liability insurance covering the Common Elements, in such
limits as the Board may determine from time to time, but not in any amount less than One
Million Dollars ($1,000,000.00) per injury, per person, and per occuffence, and in all cases
covering all claims for bodily injury or property damage. Coverage shall include, without
limitation, liability for personal injuries, operation of automobiles on behalf of the Association,
and activities in connection with the ownership, operation, maintenance and other uses of the
Community. All liability insurance shall name the Association as the insured.
Section 8.6 FideliW Insurance. The Association shall obtain adequate fidelity
coverage or fidelity bonds to protect against dishonest acts on the parts of its offrcers, directors,
trustees and employees and on the part ofall others who handle or are responsible for handling
the funds of the Association, including persons who serve the Association with or without
compensation. The fidelity coverage or bonds should be in an amount sufficient to cover the
maximum funds that will be in the control of the Association, its officers, directors, trustees and
employees.
Section 8.7 Worker's Compensation and Emplolrer's Liability Insurance. The
Association shall obtain worker's compensation and employer's liability insurance and all other
similar insurance with respect to its employees in the amounts and forms as may now or
hereafter be required by law.
Section 8.8 Officers' and Directors'Personal Liability Insurance. The Association
shall obtain officers' and directors'personal liability insurance to protect the officers, directors,
committee members and any person acting at the discretion of the Board from personal liability
in relation to their duties and responsibilities in acting on behalfofthe Association.
Section 8.9 Other lnsurance, The Association may obtain insurance against such other
risks, as it shall deem appropriate with respect to the Association responsibilities and duties.
Section 8.10 Miscellaneous Terms Governing lnsurance Carried by the Association.
The Association shall maintain, to the extent reasonably available, insurance policies with the
following terms or provisions:
10075423.DoC1)
26
(a) All policies of insurance shall contain waivers of subrogation and waivers
of any defense based on invalidity arising from any aats of a Unit Owner and shall
provide that such policies may not be canceled or modified without at least thirty (30)
days' prior written notice to all of the Unit Owners, holders of first lien security interests
and the Association.
(b) Ifrequested, duplicate originals ofall policies and renewals thereof,
together with proof of payments of premiums, shall be delivered to the Association
and/or to all Eligible Holders at least ten (10) days prior to the expiration ofthe then-
cunent policies.
(c) All liability insurance shall include the Association, the Board, the
manager or managing ageng if any, the officers of the Association, holders of first lien
security interests, their successors and assigns and Unit Owners as insureds.
(d) In no event shall any casualty insurance policy contain a co-insurance
clause.
(e) All policies of insurance shall provide that the insurance thereunder shall
be invalidated or suspended only in respect to the interest of any particular Unit Owner
guilty of a breach of warranty, act, omission, negligence or non-compliance of any
provision of such policy, including payment of the insurance premium applicable to the
unit owner's interest, or who permits or fails to prevent the happening of any event,
whether occurring before or after a loss, which under the provisions of such policy would
otherwise invalidate or suspend the entire policy, but the insurance under any such
policy, as to the interests of all other insured Unit Owners not guilty of any such act or
omission, shall not be invalidated or suspended and shall remain in full force and effect.
Section 8.1 1 Insurance Premium. Insurance premiums for the above provided
insurance shall be a Common Expense to be included as a part of the annual Assessments levied
by the Association, except as otherwise provided in this Declaration.
section 8.12 Managing Asent Insurance. The manager or managing agent, if any, shall
be adequately insured for the benefit of the Association and shall maintain and submit evidence
of such coverage to the Association. The Association may indemnify its managing agent, except
for that agent's intentional acts or omissions or negligence outside the scope oftheir duties and
obligations to the Association, or outside of direction from or of the Association.
Section 8.13 Annual Insurance Review. The Board shall review the insurance carried
by and on behalf of the Association at least annually, for the purpose of determining the amount
of insurance required.
{007s423.DOC;7}
27
Section 8.14 Adjustments by the Association. Any loss covered by an insurance policy
described above shall be adjusted by the Association, and the insurance proceeds for that loss
shall be payable to the Association and not to any holder of a hrst lien security interest. The
Association shall hold any insurance proceeds in trust for the Association, Unit Owners and
holders of first lien security interests as their interests may appear. Proceeds must be distributed
first for the repair or restoration of the damaged property. The Unit Owners and holders of first
lien security interest are not entitled to receive payment ofany portion ofthe proceeds. The
Association, through the Board of Directors, may determine how a surplus of proceeds, if any,
shall be utilized.
Section 8.15 Responsibility for Pavment of Deductible Amount. Whether the Board,
in its discretion, chooses to submit a claim under t}re Association insurance policies or not, the
payment of the deductible amount for claims which the Association is responsible for insuring
shall be as follows:
(a) The Association shall pay or absorb the deductible amount for any work,
repairs or reconstruction for damage to Common Elements unless the damage is caused
by the negligent or willful act or omission of an Owner, his family, guests, or invitees, in
which case the Association shall seek reimbursement of the deductible amount as and
Assessment in compliance with and under the terms of this Declaration,
(b) Any loss falling within the deductible portion of the Association policies
to property for which Owners have repair and maintenance responsibility shall be paid or
absorbed by the Owners of the Units involved in the same proportion as each Owner's
claim bears to the total amount of insurance proceeds paid for the occurrenee.
Section 8.16 Duty to Repair. Any portion of the Community for which insurance is
required under this Article which is damaged or destroyed must be repaired or replaced promptly
by the Association or Unit Owner.
Section 8. l7 Condemnation and Hazard Insurance Allocations and Distributions. In the
event ofa distribution of condemnation proceeds or hazard insurance proceeds to the Unit
Owners, the distribution shall be as the parties with interests and righti are determined or
allocated by record and pursuant to the Act.
Section 8.18 Insurance Assessments. Ifthe proceeds of insurance are not sufficient to
defray the costs of reconstruction and repair due to deductibles allocated to the Association or
failure of the Association to maintain coverage to defray costs of repair and reconstruction which
in the absence of insurance would be the maintenance responsibility of the Association, the
deductible or additional cost shall be a Common Expense. This Assessment shall not be
considered a Special Assessment as discussed in thii Declaration and shall not require anv vote
of the Owners.
{007s423.DOC;7}
28
Section 8.19 Pa),ment of Claims to Delinquent Owners. Notwithstanding anything to
the contrary in this Declaration, in the event of an insured loss under the Association's master
hazard insurance policy for which the Association receives from the insurer payment for a loss
sustained by an owner who is delinquent in the payment of Assessments owed to the
Association under this Declaration, tJren the Association may retain and apply such proceeds to
the delinquency. Any surplus remaining after application ofthe proceeds to any delinquency
shall be paid by the Association to the affected Owner.
ARTICLE 9
SPECIAL RIGHTS OFHOLDERS OF
FIRST LIEN SECURITY INTERESTS
Section 9.1 General Provisions. The provisions of this Article are for the benefit of
holders, insurers, or guarantors of holders of first lien security interests recorded within the
Community. To the extent applicable, necessary or proper, the provisions of this Anicle apply to
both this Declaration and to the Articles and Bylaws of the Association. A holder, insurer or
guarantor of a first lien security interest who has delivered a written request to the Association
containing its name, address, the legal description and the address of the Unit upon which it
holds a security interest shall be considered an "Eligible Holder." Eligible insurers and
guarantors of a first lien security interest shall have the same rights as Eligible Holder.
Section 9.2 Special Rights. Eligible Holders shall be entitled to: (a) timely written
notice from the Association of any default by a mortgagor of a Unit in the performance of the
moftgagor's obligations under this Declaration, the Arlicles of Incorporation, the Bylaws or the
Rules and Regulations, which default is not cured within sixty (60) days after rhe Association
leams of such default; (b) examine the books and records of the Association during normal
business hours; (c) receive a copy of financial statements ofthe Association, including any
annual audited financial statement; (d) receive wriffen notice of all meetings of the Members of
the Association; (e) designate a representative to attend any such meetings; (f; written notice of
any lapse, cancellation, or material modification of any insurance policy or fidelity bond
maintained by the Association; (g) written notice of abandonment or termination of the
Association of the plan contemplated under this Declaration; (h) thirty (30) days' written notice
prior to the effective date of any proposed, material amendment to this Declaration, the Articles
of lncorporation, or the Bylaws; (i) thirty (30) days' written notice prior to the effective date of
termination of professional management of the Association or the Common Elements, when
professional management had been required previously under the legal documents for the
Community or by an Eligible Holder; and O immediate written notice as soon as the Association
receives notice or otherwise learns of any damage to the Common Elements or to the Unit on
which the Eligible Holder holds a security interest, if the cost of reconstruction exceeds Twenty
Thousand Dollars ($20,000.00) and as soon as the Association receives notice or otherwise
leams of any condemnation or eminent domain proceedings or other proposed acquisition with
respect to any portion of the Common Elements or anv Units.
{0075423.DOC;7}
29
Section 9.3 Snecial Approvals. Unless at least fifty-one percent (5 I %) of the Eligible
Holders of first lien security interests (based on one (1) vote for each mortgage owned) of Units
in the Association and requisite Unit Owners have given their written approval, neither the
Association nor any Member shall (a) by act or omission seek to abandon, partition, subdivide,
encumber, sell or transfer the Common Elements or any improvements thereon which are owned,
directly or indirectly, by the Association (except that the granting ofaccess easements, utility
easementso drainage easements and water facilities easements or easements for other public
purposes consistent with the intended use of such Properfy by the Association shall not be
deemed within the meaning of this provision); (b) change the method of determining the
obligations, Assessments or other charges which may be levied against Members or the method
of allocating distributions ofhazard insurance policy proceeds or condemnation awards; (c) by
act or omission change, waive or abandon any scheme or regulation, or enforcement thereof,
pertaining to architectural approval of improvement of Units, including the architectural design
of the exterior appearance of Units, or the upkeep of the Common Elements; (d) fail to maintain
the casualty, fire and extended coverage insurance as elsewhere provided in this Declaration; (e)
use hazard insurance proceeds for losses other than the repair, replacement or reconstruction of
the improvements which were damaged or destroyed; (f; take action to terminate the legal status
of the Community after substantial destruction or condemnation occurs; (g) amend any material
provision of this Declaration; and (h) establish self-management by the Association when
professional management has previously been required by the legal documents for the
Community or by an Eligible Holder. An amendment shall not be deemed material if it is for the
purpose of correcting technical enors, or for clarification only. If an Eligible Holder of a first
lien security interest receives written request for approval of the proposed act, omissiono change
or amendment by certified or registered mail, with a return receipt requested, and does not
deliver or post to the requesting party a negative response within thirty (30) days, it shall be
deemed to have approved such request.
Section 9.4 Risht to Pay Taxes and Insurance Premiums. Any holder of a first lien
security interest shall be entitled to pay any taxes or other charges which are in default and which
may or have become a lien against a Unit or any of the common Elements and may pay any
overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the
Common Elements or Units,
ARTICLE 10
GENERAL PROVISIONS
Section 10.I Compliance and Enforcement.
(a) Every Owner and occupant of a Unit shall comply with the Goveming
Documents, and each owner shall have the right to enforce the covenants and
restrictions, as set forth in this Declaration.
(b) The Association, acting through the Board, may enforce all applicable
provisions of this Declaration, and may impose sanctions for violation of the Goveming
Documents. Such sanctions may include, without limitation:
(0075423.DOC;7)
30
(i) imposing reasonable monetary fines, after notice and opportunity
for a hearing, which fine shall constitute a lien upon the violator's Unit. (tn the
event that any occupant, guest, or invitee ofa Unit violates the Governing
Documents and a fine is imposed, at the Board's discretiono the fine may first be
assessed against the violator; provided, however, ifthe fine is assessed against the
violator and is not paid by the violator within the time period set by the Board, the
Owner shall pay the fine upon notice from the Board and the opportunity for a
hearing have been provided);
(ii) suspending the right to vote;
(iiD exercising self-help (including, but not limited to, performing such
maintenance responsibilities which are the Owner's responsibility under this
Declaration and assessing all costs incurred by the Association against the Unit
and the Owner as an Assessment) or taking action to abate any violation of the
Governing Documents;
(iv) requiring an Owner, at the OwneCs expense, to remove any
structure or improvement on such Owner's Unit in violation of the Governing
Documents and to restore the Unit to its previous condition and, upon failure of
the Owner to do so, the Board or its designee shall have the right to enter the
property, remove the violation and restore the property to substantially the same
condition as previously existed, at the owner's expense, and any such action shall
not be deemed a trespass;
(v) without liability to any person, precluding any contractor,
subcontractor, agent, employee, or other invitee of an Owner who fails to comply
with the terms and provisions of this Declaration from continuing or performing
any further activities in the Community;
(vi) levying specific Assessments to cover costs incurred by the
Association to bring a Unit into compliance with the Governing Documents; and
(vii) bringing suit at law or in equity to enjoin any violation or to
recover monetary damages or both.
(c) In addition to any other enforcement rights, if an Owner fails to properly
perform his or her maintenance responsibilify, or otherwise fails to comply with the
Goveming Documents, the Association may record a notice of violation against the
Owner and the Unit.
{007s423.DOC;7}
3l
(d) All remedies set forth in the Goveming Documents shall be cumulative of
any remedies available at law or in equity. In any action to enforce the Goveming
Documents, the prevailing party shall be entitled to recover all costs, including, without
limitation, attorney fees and court costs, reasonably incurred in such action.
(e) The decision of the Association to pursue enforcement action in any
particular case shall be left to the Board's discretion, subject to the duty to exercise
judgment and be reasonable, as provided for in this Declaration, and further restricted in
that the Board shall not be arbitrary or capricious in taking enforcement action. A
decision ofthe Association not to pursue enforcement action shall not be construed as a
waiver of the Association's right to enforce such provisions at a later time under other
circumstances or preclude the Association from enforcing any other covenant, restriction
or rule. Without limiting the generality of the foregoing, the Board may determine that,
under the circumstances ofa particular case:
(i) the Association's legal position is not strong enough tojustifr
taking any or further action;
(ii) the covenant, restriction or rule being enforced is, or is likely to be
construed as, inconsistent with applicable law; or
(iiD that it is not in the Association's best interests, based upon
hardship, expense or other reasonable criteria, to pursue enforcement action.
Section 10.2 Severability. Each of the provisions of this Declaration shall be deemed
independent and severable. Ifany provision ofthis Declaration or the application thereofto any
person or circumstances is held invalid, the invalidity shall not affect other provisions or
applications of this Declaration which can be given effect without the invalid provisions or
applications.
Section 10.3 Term of Declaration. The covenants and restrictions of this Declaration
shall run with and bind the land in perpetuity.
Section 10.4 Amendment of Declaration by Unit Owners. Except as otherwise
provided in this Declaration, any provision, covenant, condition, restriction or equitable
servitude contained in this Declaration may be amended, revised, removed or repealed, and new
provisions, covenants, conditions, restrictions or equitable servitudes mav be added. at any time
and from time to time upon approval of 7 5Vo of the votes in the Association, and wiin tne written
consent of the Association. Amendment of the provisions of this Declaration that allow for
changes to the exterior ofthe Building and certain other changes (as more specifically provided
for in this Declaration) may only be amended with the unanimous consent of al1 Owners. Notice
of any meeting at which a proposed amendment will be considered shall state the fact of
consideration and the subject matter of the proposed amendment. The amendment or repeal shall
be effective upon the recordation in the office ofthe Cterk and Recorder ofEagle County, State
of Colorado of a certificate setting forth the amendment in full and certifying that the amendment
{0075423.DOC;7}
7.)
has been approved as set forth above, and containing the written consent and approval ofthe
Association.
Section 10.5 Amendment of Declaration bv the Association. The Association shall
have the authority to amendo revise, remove, repeal or add any provision to this Declaration,
without owner or moftgagee approval, in order to conform with any applicable state, city or
federal law, and/or to bring the Declaration into compliance with applicable rules and regulations
of the Federal National Mortgage Association ("Fannie Mae")o the Department of Housing and
Urban Development ("HUD") and the Veterans Administration ("VA") pursuant to federal law.
Section 10.6 Securitv Disclaimer. The Association may, but shall not be required to,
from time to time, provide measures or take actions which directly or indirectly improve security
in the Community; however, each Owner, for himself or herself and his or her tenants, guests,
licensees and invitees, acknowledges and agrees that the Association is not a provider of security
and shall have no duty to provide security in the Community. Furthermore, the Association does
not guarantee that non-Owners and non-occupants will not gain access to the Community and
commit criminal acts in the Community, nor does the Association guarantee that criminal acts in
the Community will not be committed by other Owners or occupants. It shall be the
responsibility ofeach Owner to protect his or her person and property and all responsibility to
provide such security shall lie solely with each Owner. The Association shall not be held liable
for any loss or damage by reason offailure to provide adequate security or ineffectiveness of
measures taken.
Section 10.7 Captions. All captions and titles used in this Declaration are intended
solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is
set forth in any paragraph, section or article hereof.
Section 10.8 Interpretation. The provisions ofthis Declaration shall be construed to
effectuate their purposes of creating a uniform plan for promoting and effectuating the
fundamental concepts as set forth in this Declaration. The Board of Directors shall have the
authority to interpret the meaning of any provision contained in this Declaration.
Section 10.9 Sineular lncludes the Plural. Unless the context otherwise requires, the
singular shall include the plural, and the plural shall include the singular, and each gender
referral shall be deemed to include the masculine, feminine and neuter.
Section 10.10 Conflict of Provisions. In case of conflict between this Declaration and
the Articles of Incorporation or the Bylaws, this Declaration shall control. In the case of conflict
between the Articles of Incorporation and Bylaws, the Articles of Incorporation shall control.
Section 10.1I Challenee to this Amendment. All challenges to the validity of this
amendment must be made within one (l) year after the date of recording of this document.
{007s423 DOc;7}
JJ
In Witness Whereof, the undersigned, being the president and the secretary of Vail
Townhouses Condominium Association, hereby certify that the Association has obtained written
approval of this Amended and Restated Declaration from 100% of the Owners and 100% of the
first mortgagees, as evidenced by written instruments filed with the records of the Association.
VAIL TOWNIIOUSES CONDOMINIUM
ASSOCIATION
a Colorado nonprofit corporation
President
ATTEST:
Secretary
STATEOFCOLORADO )
By:
By:
COUNTY OF
) ss.
)
' The foregoing Declaration was acknowledged before me on this _ day of
20-,by as President of Vail Townhouses
Condominium Association a Colorado nonprofit corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
{00?5423 DOC;7}
34
STATEOFCOLORADO )
COUNTY OF
) ss.
)
The foregoing Declaration was acknowledged before me on this _ day of
20-,by
Condominium Association, a Colorado nonprofit corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
as Secretary of Vail Townhouses
{0075423.DOC:7}
35
EXHIBIT A
DESCRIPTION OF PROPERTY
Lots 1, 2, 3, 4, 5 and 6, Resubdivision of Block 5, and a part of Gore Creek Drive, Vail
Village, lst Filing, subject to the Party Wall Agreement of record;
Together with the right to use the roads, streets, drives, lanes, places, circles and
walkways as shown on the maps and plats of Vait Village, First Filing, Vail Village,
Second Filing, Vail Village, Third Filing, and resubdivisions thereof, filed in the plat
Book ofEagle County at Pages 49,50,54,56 and 59, for access to and from the
premises, which right shall be appurtenant to and run with the land and shall not be
construed to be personal.
{0075423.DOC;7}
36
EXIIIBIT B
ALLOCATED INTERESTS
UNITNUMBER APPROXIMATE
SQUARE FOOTAGE'
APPURTENANT OWNERSHIP
INTEREST IN THE COMMON
ELEMENTS, EXPENSE
AI-LOCATION FORCOMMON
EXPENSES AND VOTING RIGHTS
2A (Amended)'3254 18.21%
2B s87 3.28%
2D 1237 6.92%
3A 1404 7.86%
3B r 600 8.9s%
4A r926 10.78%
4B I 163 6.s1%
5A 1874 10.490/o
5B 1265 7.08o/o
6A 2218 12.41%
6B 1342 7.51o/oTotal: l1 17870 100.00%
I Approximate Square footages are based on the Amended and Restated condominium Map.' unit 2(A) (Amended) formerly consisted ofUnits 2A and 2c as created under the Initial i)eclaration and the initial
Condominium Map.[0075423.DOc;7]
1j
EXHIBIT C
OWNER CONSENTS TO THIS DECLARATION
[attached]
10075423.DoC:1 |
38
{0075423.DOC;7}
39
{0075a23.DoC:7}
40
(0075423.DOC;7)
41
{0075423.Doc;7}
42
{0075423.DOC;7}
{0075423.DOC;7}
44
{0075423.DOC:7}
4)
t
{007s423.DOC;7}
+o
{007s423.DOC;7}
A.l
t0075423.DOC;7)
48
r r\ z
EXHIBIT D
MORTGAGEE CONSENTS TO THIS DECLARATION
[attached]
{007s423 DOC;71
49
rr 1 \,-r
La '^
AFTER RECORDING PLEASE RETURN To:
Orten & Hindman, P.C.
I1901 W. 48th Avenue
Wheat Ridge, Colorado 80033-2166
Attn: JCMO
{0075423.DOC;?}
l/
Va/'e. /owrt /.lsvrtz-f-' *
IOIA'Nffi
Design Review Board
ACTION FORM
Deparfnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 97 0.479.2452
web: www,ci.vail.co.us
Project Name: Va.it lapnlr6sg DRB Number: DRB050221
Project Descriptionl
TREE REMOVAL (ACCOMODATE CONSTRUCnON OF APPROVED ADDnONS)
Participants:
owNER VArL 4A LLC O5/231200s
2OO W MADISON 25TH FL
CHICAGO
IL 60605
APPLICANT GEORGE SHAEFFER CONSTRUCION05/23/2005 phone: 845-555G
PO BOX 373
VAIL
co 81657
License: 302-4
Project Addresst 303 GORE CREEK DR VAIL Location:
44,48,5A,58, 5A AND 68
Legal Description: Lot: 4 Block: Subdivision: VAIL TOWNHOUSE
Parcel Number: 2101-082-3000-7
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:vote: DateofApprovaF osl24l2oo5
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Bill Gibson DRB Fee paid: $25O.OO
rlt M inor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel 97 0.479.2128 fax: 97 0.479.2452
web: wwwvailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. please
refer to.the submittal requirements for the particular approval that is requested. An application ior Design Review
cannot be accepted until all required information is received by the Community Development Department. Theproject may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the apprcval.
ibdivision
tz t*2 , ,-r rr A A "4/AgLocation of the Proposal:
Physical Addressl
Parcel No.:
Zoning:
(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Name(s) of owner(s): U+lU ,tf*ffe,
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Address:Fax:
Plus $1.00 per square foot of total sign area.
Construction of a new building or demo/rebuild.
An addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
Minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
Minor changes to buildings and site improvements, such as,
re-roofing, painUng, window additions, landscaping, fences and
retaining walls, etc.
Revisions to plans already approved by Planning Staff or the Design
Review Board,
v
7<,
ci,or.rl
o
fvfrIts
Type of Review and Fee:
D Signs
tr Conceptual Rwiew
E New Constructionn Addition
Fal4inor Alteration
( multi-family/commercial)
E Minor Alteration
(single-family/duplex)
tr Changes to Approved Plans
tr Separation Reguest
$s0
No Fee
$6s0
$300
$2s0
$20
$20
No Fee
Mailing Address:
.14
*******{.**!i'1.*********************************************,t {.{.**rr**:t *{.{.{.it** ** * * *. * * * * * * * * * * * it * *
TOWNOFVAIL, COLORADO Statement******+*********4.:1.+*************+************************+'t'*******+****'t ,F:t{t*:}i(:i:tt************
Statement Number: R050000661 Amount:
Payment Method: Check
SHAEFFER CONST CO
$2s0.00 0s/23/2oo5o1 :52 PM
Init: ,iS
Notation: 8 053l- /GEoRGE
Permit No:
Parcel No:
Site Address :
Location:
This Palrment:
DRBo50221 Tl4)e: DRB-Minor A1t, Corrun/Multi
2r.01-082-3000-7
303 C,ORE CRSEK DR VAU,
3 03 C,ORE CREEK DR, 4A,
$2s0.00
48, 5A, 58, 6A AN
Total FeeF:
ToTaI AIJIJ PmTs :
Balance :
$2s0.00
$250.00
$0.00
* * * * ****++ * * + * * * * * *:* * * * * * * * * * * * * * * * * * *:* **:r*********,t{.* ********************* * * ***t* * * * * * * * * * *
ACCOUNTITEM LIST:
Account Code Descript ion Current Pmts
DR 001-0000311_2200 DESTGN REVIEW FEES 250.00
PROPOSED TREES
AND SHRUBS
ECSTING TREES
TO BE REMOVED
PROPOSED TANDSCAPING
Botanical Name Common Name Quantitv Size
#,W ra esfloes ? er-Jbv
at.L 4h / h1. -(4
Minimum Requirements for Landscaping :
GROUND COVER
SOD
SEED
IRRIGATION
TYPE OF EROSION CONTROL
Deciduous Trees - 2" Caliper
Coniferous Trees - 6'in heiqht
Shrubs - 5 Gal.
Tvpe Square Footaqe
Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.)
UTIUTYAPPROVAL&VERIFICATION ' - ]
This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,
and also to veriff service availability and location for new construction and should be used in conjunction with
preparing your utility plan and scheduling installations, A site plan, including grading plan, floor plan, and elevations,
shall be submitted to the following utilities for approval and verification.
Authorized Comments Date
SiEnature
QWEST
970.384.0257(fax)
Contacts:
Scott Carrington 970.468.6860
Jason Sharp 970.384.0238
XCEL HIGH PRESSURE GAS
970.262.4O76 (tel)
970-468-1401 (fax)
Contact; Richard Sisneros
HOLY CROSS ELECTRIC
970.949.5892 (tel)
970.949.4565 (fax)
Contacti Ted Husky
XCEL ENERGY
970.468.1401 (fax)
Contacts:
Kit Bogaft 970.2G2.4024
Jim O'neal 970.262.4003
EAGLE RIVERWATER&
SANITATIOI{ DISTRICT
970.476.7480 (tel)
970.476.4089 (fax)
ContacH Fred Haslee
COMCAST CABLE
970.949.1224 x 112 (tel)
970,949,9138 (fax)
Contact: Floyd Salazar
NOTES:
1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are
made directly on the form, the Town will presume that there are no problems and the development can proceed.
2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on
the utility verification form that there is a problem which needs to be resolved. The issue should then be detailed in
an attached letter to the Town of Vail, However, please keep in mind that it is the responsibility of the utility
company and the applicant to resolve identified problems.
3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the
Department of Public Works at the Town of Vail. Utilitv locations must be obtained before diqoinq in any public right-
of-way or easement within the Town of Vail. A buildina.permit is not a Public Way permit and rnust be obtaineal
seoaratelv,
(
The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if
the submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted
within the comment area of this form).
Page B of t3l04l26l95
Hav Og OS lz!39p
'-
SnoadonlHopkins Frchitcct P.5
Tue, Mar 8, 2005 7:4I AH
From: Dale Bu$y <dbugby@rraikesortentals.com>
Reply-To:'Dale Bugbf -dbuqby@vailresorrentals.cofib
To: Parn Fbphrs +am @snoiadonhmkirs.con>
Cc: Ddt Palker<pafternd@cof*c.coiu, triargot enlzksdriboh@earhlid(.n€b, Debbie Weltes
<DebbieWelles@msn.con>
Datc: Sauirday, March 5, 2005 4:05 PM
Subiect: Board approval
Hi Pam,
The vatl Townhous€s Coftlominium Bosfd he$ voted on your plans to remodel units 5&6. The Board has
approved thc plans you submittsd.
Pleesg s€fid me copics of the approvels from lhe mernb..ship lor our fibs. Pleese complete tlle indernnification
letter and other requrr€d ch€c|( lisfi items in a filg beck to me prior to lour subminal date to lhe Toun ot Vail.
Dab Bugby, PrEsdenUGM
Vail Resort Rentals, Inc.
vulfllr,. var lf esortrertals_com <hts Jlwww.vailresoruentaB.@m>
8OO 456.VAIL (8245)
970,476-0906 (int0
970.a76.5026 {rax)
Page I of I
lteg OS (,5 O{: O.lp Snonrdon&HoFk i n3 f,rchitecr ?.2
,A
Design Reuiew Boad
ACTIOITI FORM
DcPtttn€flt d Ccilrdty ftf,|Qrteil
75 So,fr ncnage R!e4 vd' &lra& 8r6s7
bl: 9I,.479.2139 fia.: 97O4792452
f,et: wtw'dlrdtr.us
rtojcrramevAlL4Al.lcDRB|sfiDe8DR8040489
Ftoicd Derslptim:
250 ADDInOi| FOR 4AAND 4S
Farticipants:
OWNER VAIt'lA tIC 09/1{2004 Pfioner
2OOW MADISON 25TH H.
cftrcl@, IL 6G(l6
Lhense:' APPUCANT PAt't I'IOPKINS 09/14/2004 Phons
SI'IOWDON Al'lD HOPKINS ARCH
PO 80X 33,10
vAlL@ 81658
LicErEg
Project Addresc 303 GORE CREEK DR VAIL Lo6tion!
VAIL ROTIYHOTJSE {AEdB
tegC Dsiption: Lot 4 Blodr: Subdtvllon:VNLTOWtIfIOUSE
Prrd ilr|nbGr! 2101082!10007
Comrnentsl
BOAnD/SrffF Acrtotl
litotin By: HAI{LO|{ Adion: APPROI/ED
Second 8V: DUNNING
vde: 3-0 o#ofAFproval: 10/06/209+
Conditbff:
&ndr 8
(pLAN)l No danges to Ut€s€ plars nrry be rnade without tfie written adsetlt d Town of
vait stalt and/or the approprhte rwiew cornmittee(s).
Cord:0'(PL N): DRB appronl do€s rbt consdtu@ a pemit for hddlng' Pleae onsut with
Town of Vat Building pemnrcl prior to consiludbn acth,itles'
Cortd:201
DRB appro/d shal not becDrF vatH ftr 20 days toltoivrg the date d apfoval'
Cond: 202
Apprordl of $b pruted shall laPse ard bedn€ lltirl one (f) yer blktt'drE $e date
of hnal aporoval, urtsss a brfifng pernit b issued and mrdruction b ommenced
ard 's dtligsttly pusted blil.ard cunphtbn.
Plenner: En[ Gibsott DRB Fee Paid: *t0o'0o
H.r' OSI OS 12:39p SnoudonlHopkins Rrchitect
l.r ;61-lt-01 00:50r t ror-Tolt 0F urll cflt lrY ErEto?flltlt a?0{tl2f5l
P.5
l-5$ P 001/fi! Fllt
Beelgh€rricwfbad
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tlpatgr d cdn.rruiU C"d"F,"-t
zSl|{a FO*gafuF, vt c6H 8$57'
tel: 910.t7!1.21!9' fr:g7oid!D.2{sl
nnb:'rnrrttCf.tcrs
Df,!ilum!.n DR8050078FAI'IILY VAII LTD RESID€I{CE
A5O ADDInON FOR UIIIT 5A
. F r.ilr-YvAlrtt- 0ryu/2@5
2mw MADISON srE 2500
cF[gAGoLfu(F
APFLTCANT SrqDOt{ AllD t0Pxns, Arcxrrnoylvzms Ptpna: 970{7b'2201
hojr.tlddncr* })lGoRECRErDkitm hcrtin
vArL ToflflHc,usE col{Dos. 5A
tclC D..oiFlion: lotr5 toc* lnElrdool vAll'ronnxolrsgl
ttlrrcd l|rmb€fi 210l{82-301,0-9
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.OII'NFR
r;nffi' '-
Frotsct||.m:
PlS.tDt siglbrt
Corn.rcnt* DORIMRD
lloudr tV! {XrilNHtlGsd*tttt MITRON- llotr: 3${
Cqdtios:
roARD/lrTrFFtg'loN
'frt$n: APPROVeO
e*.dDrrttdt o4/rqzoet
Cofid:8
(Pl,At{): tlo chalgr= b-tt:st pE|5 tEy be m* wftfput the rritEn consert d Tosr:of
\hil *# ild/or th€ apprcp.irte rarieil corfinfttEe(s),. Cond:9. (P.t N): DRB app.rrirt&€sEttrt6tb"G..9cttfltt6.buibqF 9le.3e @{rt |{lh
Torn d lhil hdkling peronnel prior to @n*n cton {itrvfths'. Coil#291
DRB appro€fshd{'rlt{edrEwliitfu2D dqsa0x&g dndale.of eops,lL
Cone$1
Approvtl of thls Pr?irHr.}|ft-..rd become vailfone (l) f€ar bllourho lhe .UE-
ot find appoud, rdess a hddill parn,t ieiaFred tnd constructbn is orn ncrEed
atd ts {ltlgEndy rETsoed toiltdt@etk o.
Fhnnct: Bllt Gib6on DfB Fee Paid: f3mOO
t{as OS O5 l2: 39p Sno{rdon&Hopk i ns
lpr-tt'05 !t:50m frc-I0$l 0F lrlL Cq $ltY Ellt[0mn
Rroh i tect
rt!1r02{!?I-t!6 P 0t!/00t t-ll?
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DnB iltlr$cr: 0R80500{9
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Frfftrdcss: 303 GORE CREEI tRImL
vAtL TUrfllt€uSE cpt{o6, 5B
t€mollsfr|: Lot! 58ffi fGtl|tlo|i-VAlfT(lttfll00sE :
:
Fartel ltunricn 2101{In-300r'0
contNE ttt: milt{ARD RBClrSEtT"
OWNER FA$,ULy yAIL LP. (Ij/f|l2mb\- - - znerrymmsor5T5It2500. cHlceco
. lL flir06
lF?LfOilnffiltool Al\D HOPlqtS, ARrcHlrE03/lr/zms Pho'E: 97o{it6"2201
., .Ftr89x331o
VAIT -
co 81618
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250 ADDIlloItFOktlllT F'
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llotlcoSyr D{Jif{ll{6
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Yot : 3-0't-
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hte ot^Pt]olr{: 0qzrr2005
Plasrer:
Cord: B
iiLruqi np a.rgcss*.*Arctilr+f. trde|rbt*tb ff||!n EorEentd T45r C
it*snf ara/oc Ue aFao9|bie twieyv cfil.r|nrEds).
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1-ft,irX One "ppt"*O* nor c€rstlwlTstnit Fr hddq' Pbma consdi t'vnh
im,Lr vaf Sdolng gcrsorrltl grlor to consbudioo d'vfls-
ColnhUlr
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Cord: 2tl2
ApprD,r.l of Nr'9roii*isslapoeag rceon*rnu ooatl) p* lolbtritrg the dltt
oi i-g aeproot, uitss a urilarg pcnntt le issu€d ard conshJrttJn iE rodyncn€€d
AnO E Oit|gmy trx$e0-ltvlar0 C€trVC{si+
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Sno{rdon&HoFk i ns
0t vil! comr ElElofirilT
FrdcEttr.{ncr PAfixS RE DETF
lit|rcoc*ridio|r
2$ ADTtrTIUTFOR I'NIT-6A
iDlqx l3{0
VAIT
@ E1658
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PtEel ll$hbctt zr$-m-3001- t
C-omrn|||ts! DIORTARD REG',SED
Frchitect
ll!.Itel5?
DeSgn Rsirlff Eoard. rcrfffigRs
D.nedtnr'*{+€Emniu e|ffi
75 so|fi Fronbge Ro.4 yll, trlorto 11657
tel !I/D.+E Alitl h 970:al9-145.1:
trehrnrwf,i,\€il.tD.6
DRotlstrb.t: OR80500p
toc.fqrr
p.3
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YAII
co 81657,
APHICIft?'fiOrfDO|fAf{tr #FrCl|S, l8ffirrED${ffffi-mo.r: 9xts75{201
! TND/Sr TFETMT
ltrioi EF tlt$n$S
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Actior3 APPROITS
Ilrh of Fru,val: 04Ev2m5
GuCiFs
Cstd: 8
PUIII }lc dstgFs b th.s. dlts ltEt bc.tEdewnfiout tfie w'Nen co|Errt of Torm of
Ef rdl-dFr#{Fryft r rxhlt'orctfl}€{s).
con& 0- F+r$:DRBaF?ov*do..aba6rilhrtFtgat|ritforb*rogi Pleeffue-|l|ith
Tm.of vail BuildtU pcnlonnel fix to consh*tion cttui[es.
&G12Or. DRE rpprovaffil mt'bersrrra*t{tr-z0rlys followng tlt tta|tr of appwal.
Csd:3(P,. App.(rrddtilsp.oje|(l#Flapre?flruccomEToudsttlTeBtfolorlt|gthcdaie-
of fnr*ryqrl uf:s. hldlE nernit il$ucd and orEtructicn is conffix.d
url b (slgE firF r9lg'lo'tord frrnptsibn. ,
Pldrncri BfiGib6o.r D|tEfee P.itt ISOO.OO
tlay Og OS l2:38p SnoudonlHopkins Rrchitect
'10,'1t'05 !l:!l tror-10fi 0f v lL C0llltllf EVE[0ftffrI lt0llt?{fl
P.?
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Pricdlllr:
Prci.c Dat ttftist
hrticiFTtt$
wil.EgxFslsEll(f - -
250 ADOmO|tfoRtffiffE
gfuiiloiltrri DRflEmF
.ourNER . tl*EltE9{rs+c
P€nSO$t RFSDET'ICE TRLSr' lt33*acEsrsiB
POtOx 33{0
. yAn'
co 81658
P.GAdt:* Jt,'GoifcRilrfDrvAft-
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cod I
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lAd *df an4lc the apmgkE rwl|Jr cotrmltee(s)'
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i*r if ,r"r eiiutE pctso|r€l Fb b tl.rgtruct'rn acttuffils'
. Grd:231
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LEGEND
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My Album
RO. Box 3340
Vail. Colorado 81658
PO. Box 34871208 S. Ridge Street
Breckenridge, Colorado 80424
I Change order T
L__.1 Pn nts
LETlIER,OF TRANSAAITlIAL
"^" 5l/ab6 lroBNo'
nrltnrrcf.r
r''
I Jllil (atsn llnuu 0oudrl4t//^uu^<
the following items:
fl Samples nspecifications
970-476-?201
r{x 476-7491
970-547-0554
r{x 547-0564*_fufuou@
wE ARE sENDTNC You ffnttachea
Nrorrof letter I cr'! Snop drawings I pri
EUnder separate cover via
I Plans
COPIES DATE NO.DESCRIPTION
blmloa ll///ra/ Oxt llnnlth+rnfn u) I nal/48!6 futAahl.re
u
THESE ARE TRANSMITTED as checked below:
! As requested
!For your useg
,Alfor approval
1I For review and comment
IroR eros our
! Returned for corrections
!Approved as noted
! Approved as submitted
n Return
-corrected
prints
flsubrnit
-copies
for distribution
n Resubmit copies of approval
n
20
-
LIPRINTS RETURNED AFTER LOAN TO US
REMARKS
SICNED
COPY TO
ii en.losur€3.re nor.s.ored, k ndly iotity us at once
Mly-?l-05 0l :39pm
Fla! e3 95 1{t: 15a
F r ofi-The Prl rrksr 0rranrzatron
Snolr don&$sPl+i ns
131?B?349S7
nrcn I E,es L
T-234 P 001/00t F-tEl
lffuror Elrterisr AlteratEons
Anilicadon for llesign Remiew
DeFrtment of eommunity Oa€loprrent
75 Sou$.F&0tafle RoaO vall. Colorado 81657-r|E*{*Lztzt bx: 9zl1u*2ts2
y{eb: y{Tfl{,yallgovrom
General Information:
AIt preJecto lEqulrinE dedgn revicr,r must tlcdw approvd prior to submtEing a Itufdllq FEfirtt Wdfr:ltbn. fteasc
redr to ttre sdtr#atrequir€manE for tne:giEhulaf eBEFvS that is r€quesird: Aa applidon for DesEn Rodt*
Emot b6 accEped unui alt *qrlr€d infe;ra$on b *#F€d by the Cornmunlty oeueJognem D€oacm€na- TrE
prltcEt r|Ef ai freeO tc be flii3scn bf Se Tnrn foundl mi[or the. plannhg and Envirdl]n€ntal Commisoion.
odqn rortewfgpovrl lafa€s rratcr;-:&iuag'+creii J3 le<orta;*onttrucffoF commel|c€gl*llD
one yesr of the approv!|.
Phyrical Addressl
w*no.rW(cmt rtEagloco" Arsessot nt 97tr328'8640 for Parcel no.)
Zotrlngl
l'lellinglddrere #3e
Mailing Addrcss!
$50-' !is{l.00persqrtatqfaot€fbb}5ignarea-
No Fee
fGtO-- effit new building or dqmo/rebuild.
$300 An addtuon where squarr,lcobge is added o any rerHential or
cqslngcul[dldtts:(inctt{te3 zso aooitlons & intertor convershns),
$250 l4tnortlEng€s to btlildingE and slEitaPr3eefierrts, €irc{r3s,
teroofttg^ -
Frio0.t$ r*ndc* 'addagcfls, tandscephq ftnres and
rEEmlngrrvEltlsr ettr
t2O Manor change5 b buildlngE and. slte imPro\rements. sucn a5,
tErsfsgF parnttng; wirntqw addlHonq lendscapng,. fences ard
rsFining wdlt, *.
$26 Fwldens to &ns alrcadi:apps:d by PlannlngSbtr $ the Design
R€rriew Bonrd.
No F€e
Fee Pats:
'&'
19t?.
Type of leYiew-asd Fepr
tr 9igns
Cl ConceFual Recia.,
Il Newfinstruc{ionB Addldon.
I runor r,ttermtlon
(tttrrl$lbrnnlomrng cii)
B Minor Alteratlon
(slngFrdmlly/dupls) . _
g ChansEs b Approvdd Pbns
tr SepaBtlon Request
Or,uoer(s) signatule(3)i
l,lay-?3-05 02:05pn Fron-Tha
Itev $S,JF 1o; l5a
Pritrksr 0rranizatlon
Snorudon&HgPK 1ns
l3l287319S7
Hr(in I rf,FL; r,
T-236 P.001/001 F-163
Minor Exterior Alterations
Application for Design Review
Depertsnent of bmmunity Dsreloptned
zs sq.rEr Fronege Road, t/ail, obredo 8169
!el: 90.479.2128 faxi 970-t*79.2452
webi www.ltailgov.om
General Information;
nffirj4-*q"td"t-aeggn re\nqw mgst receive alppvsl pngl.to +bml6nq 1b,+dl,l! Fnnlt aPPilcadon.
-Pleaserep tp UE suFmng; requirernm6 ror Ure partofai appdvat that is reqsested.. An applietlon for Dedgn R€Vie{/v
cannot be aoeptea utnir arr EJrdJ'rni*'friUon ls *;t'/ed by the Community DeYgopment Oeel{nent'- 1ne
porl.d rnlw jgb need tr qe d;-'$,ed brr uq f9rryn Clrrnol ani/or tlre'Planning and Ewinnmenbl Commission'
b;ig; 6iia1r aFprovat tai;;utt# a-tuildiir€ permit lnisauerl and enstnrsi|or Emmences u'itfin
one yeEr of tlte rFproval.
locatlcn of tlre Ptuposah Lou , . Blocls-- SubdMsion:
Physical Addrecst
Parcel No.!
Zoning:
Name(s) cf owner(s):
Maiting
Typa of Review and Fee:
tr Signs
lf, &nceph,el Fsrieryv
tr Ne't CotsbucHinI Addnlon
jL uimrnfteaUon
(multl-fatnily/commedar)
tr MlnorAlErEtion
(singlcfamflY/duPlex)
tr qangEs b ADPI€ved Phns
tr Sepantlon Request
(conbct EagleCo. Asssor at 97tr32&86r10 tur parcd no')
c
Phone:-ffi-tatTfi/ ownr(s) slgnatrre(s):
Nameof Applhent:
Mailing Addresst
E-mallAddruss:
$50 Plus $L00 per squarc toot of tobl si3n are.
No Fee
+650 @rsbrrdion of a nat bulldlng or derno/r$rild.
ii00 nn aearuon where squarc Fcnage a .d+, b any resldential or
comrnerural fu[dhg Snd'r&S 250 addlUons & hFrhr convef$0lls)'
fZ50 Mlnor dranges b trulidlngs anrl slte lmprovernarbs, sudl 3+
re.roonnSr'patnurq, t{-ndotn'addlBdns, larufscapng fd1ces and
retalning wall6, €tc
$20 Mlnor&rges'to buildlnpand slP.llnPovqmqE, sl#h q,
r+r6Rngr -Fin6ng, tnfrOo* agOtUdns, landscaping,. ftnces and
retainlng tnnlls, eE.$20 ievldori o plans already appnoved by Plannlng $aF or the Design
Review 9oad.
No Fee
WtWtt"l-trnrt4 /
/* r /ti"z@;rhon'a
;m Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2139 faxt 970.479.2452
web: vwvw.ci,vail.co. us
Project Name: DRB Number: DR8040522
Project Description:
COMMON ELEMENT-REPLACE GUTTERS SAME FOR SAME
Pafticipants:
OWNER PAN EAGLE LLC 10/0U2004 Phone:
VAIL TOWNHOMES HOA
PO BOX 398
VAIL
co 816s8
License:
APPLICANTTURNERMORRIS,INC. L0|0U20O4Phone:303-431-1300
5054 MARSHALL ST.
ARVADA, CO,
80002
License:
CONTMCTORTURNERMORRIS,INC. 10/01/2004 Phone:
5054 MARSHALL ST,
ARVADA, CO.
80002
License: 647-B
Project Address: 303 GORE CREEK DR VAIL Location: UNITS 2-6
Legal Description: Lot: 1 Blockl Subdivision: VAIL TOWNHOUSE
Parcel Number: 210108230001
Comments: SEE CONDITIONS
BOARD/STAFF ACTION
Motion Byr Action: STAFFAPR
Second By:
Vote: DateofApproval:10/01/2004
Conditions:
Cond:8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval ofthis project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Joe Suther DRB Fee paid: g250.OO
#Application for Design Review
Department of Conrnunity D€$/ebpment
75 Soufr Ftorl|age Road, Vail, Colorado 81657
tef : 970.479213K1 tax: 970.479 2452
web: www,vaifiov.oom
General Information:
Al- prcjects r€quiring design review must receiw approval p.ior to submltting a building psrmit application. please
refur to_the submittal requirernents for the partioJhr appoval trat b rcquested. an appucarfn fur Design RevirucanrDt b€ accepted until all requiled inbrmaibn is rcceiwd by the Community Oevebprnent Depanment. Theprcject may abo rped to be revbrived by the Town Cqrrpil ani/or the Planning and Envimnn€nlal Commission.Deabn rwiew apprortal laprct unt€sc a bulldlng permlt le lseued and conetructlon commencea withlnono year of tho appnoval.
RECEIVED
OCT 0 I i'li4
TOV€OM.DEV.
TOI,il\I
D€scription of the Requeot:
Locallon of thr Propoeal:
Physical Address:
o€al: Lot:_j03eL CrevV-
Snbdivision:
t0 t5?
panet Ho.: t'a A.lf"rr*l 5hell v tt (contact Eagte co. Ass*or at gzO-az&gao for par€l no.)
Zoning: \c{4idcnh'u'
Name(s) of Owner(s):
llalling
Orvner{s} Signature(s}:
-4'
Name of Appllcant: , lr,.n
tailing Address:054 trt,,8000?-
E-mail Addrese:
.ll-
Type of Review and Fee:. Signc. Conceptual Revhw
. New oonstrrrctbn. Addition
/-. yinor Alterationr*-r (multi-family/comnr,e rcial)
. Minor Alteration
(sinolFtamity/duptex)
. Chang€s to Approved pbns
. Separatirn Request
$50 Plus $1.@ per squars foot of total sbn area.
No Fee
$650 For corBtruc,tion of a new building or demo/rebuild.$300 For an additbn where square footagre is add€d to any reidentiat or
commerEial buildiqg (incJudes 250 additio{F & intedor aon Ecrions).$250 Fof minor cfifig66 b buiHirys and sib impro\rsments, sudt a,
reroofing, peinting, window additbns, landscaping, fencss and
retaining walb, etc.$20 For mimr cfrar4es to buildings and $ib imprwsrnents, sudt as,
rermfing, painting, windor additbns, hndsc4jrE, hrE€s ard
retaining walb, etc.$20 For revisions to plans aheqdy apprwed by phnning Staff or the
Dedgn Rsdil Board.
NoFe
Il.
LL
F
@
lrjk(f,
ffi*@dt'tr
Fage 1 of 12lMlO1l04
Vail Town Homes Parcel #s
2a-210108230001
2b-210180230002
2c-210180230003
2d-210180230004
3a-210180230005
3b-210180230006
4a*21A180230007
4b-210180230008
5a-210180230009
5b-210180230010
6a-210180230011
6b-210180230012
DEglr.t': i:'rvlEW
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Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.ci,vail,co.us
ProJectName: VAILTOWNHOUSESCONDOMINIUMS DRBNumber! DRBO5o363
Project Description:
CHANGE TO APPROVED PLANS (LANDSCAPING)
Pafticipants:
OWNER FAMILY VAIL LP Oil25I2OO5
2OO W MADISON STE 25OO
CHICAGO
IL 50606
APPUCANT SNOWDON AND HOPKINS, ARCHITE0Z25/2005 phone : 9tO-47 6-220L
PO 80X 3340
VAIL
co 81558
License: C000001763
ProjectAddress: 303 GORE CREEK DR VAIL Location:
UNITS 4A. 48, 5A, 58, 6A & 68
Legal Description: Lot: 5 Block Subdivision: VAIL TOWNHOUSE
Parcel Number: 2101-082-3000-9
Comments: DORWARD RECUSED
BOARD/STAFF ACTION
Motion By: DUNNING Action: APPROVED
Second By: FRITZLEN
vote: 3-0-1 DateofApprovat: 08i142005
Conditions:
Condl B
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion,
Cond: CON0007454
The applicant shall coordinate the parking area design with the Town of Vail public
Works department to implement the Town of Vail Streetscape Master Plan. The
applicant shall submit revised plans to the Town of Vail, for review and approval,
with the building permit revision application.
Planner: Bill Gibson DRB Fee Paid: $2O.OO
?r' ' "'Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L28 fax; 970.479.2452
web: www.vallgov.com
General Information:
All projects requiring design review must receive approval prior (o submitting a building permit application. Please
refer to the submlttal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission'
Design review approvat lapses unless a building permit is lssued and construction commences within
one year of the approval.
the Request:
Location of the Propos alz Lot4ja-alock:5 Subdivision:
Physical Addressl
parcef No.: OA Atd 0UAW1 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:
Name(s) of Owner(s):
Mqiling Address:4.0o ,M
owner(s) Signature(s):
Mailing Address:
E-meil Address:
Plus $1.00 per square foot of total sign area'
For construction of a new building or demo/rebuild'
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions)'
For minor changes to buildings and site improvements, sucn as'
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
For min6r changes to buildings and site improvements, such at
re-roofing, paiiting, window addiUons, landscaping, fences and
retaining walls/ etc.
For revLions io plans already approved by Planning Staff or the
Design Review Board'
(tlutgna\,
Type of Review and Feel
n Signs
il Conceptual Review
$s0
No Fee
fi\'T
d\o
IAIo/
F
ttl\r
tr New Construction $650tr Addition $300
tr Minor Alteration $250
(multFfamily/commercial)
tr Minor Alteration $20
(sing6-family/d uplex)
--- ff--('W g,anges to Approved Plans ,-$20jU
Name of Applicanh
tr Separation Request No Fee
* * * * * * * * * * * *** + + + * * ** ***** * * * + * * * * + ++*+*'t!**********ri.+ * rr * * * * * * * + + + ++****++**,r.*+*.**!s* ********
TOWNOFVAIL, COT,ORADO Statement
* **** * * * * * * * * * * * + + + + * * * * * * * * * * * * *****+*+***********r* * * '; '; * * *:f ********++** * *** * t**,r t*,***** ***
Statements Number: R05000i-136 Amount: 920.OO 07/25/200504:09 pM
Payment Metshod: Check
HOPKINS
Init : IrC
Notation: #693/SNOWDON &
Permit No:
Parcel NoiSite Address :
Location:
This Palment:
DR8050353 I\pe: DRB-Chg to Appr Pl-ans
2101-082-3000-9
303 GORE CREEK DR VAIL
VAIL TOWNHOUSE CONDOS, T'NIT 5A
Tota] Fees:
Total ALL Pmts :$20.00
Balance: S0.00*********{'{'***{t*1.*!t *+*****+***{.******!t**++++****+*rrfr{.**r.N.,t *ltr*!t ***:tr**********+++***********
ACCOUNT ITEM LIST:
Account Code Description
DR 00100003172200 DESIGN REVIEW FEES 20.00
$20.00
$20.00
Current Pmts
ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail. CO 81657
tel:, 970-479-2138 fax: 970-479-2452
web: www.vailgov.com
VAIL TOWNHOUSE CONDOMINIUMS
CondThPl
ADM Numben ADM060020
Parcel: 2101-082-3001-2
coNDoMrNruM PLAT (LOTS 1-6)
Project Name:
Application Type:
Project Description:
Participantst
OWNER
Project Address:
Legal Description:
Commentsr
WELLES-VAIL LLC 1210712006
PERSONL RESIDENCE TRUST
1133 RACE ST 11-B
DENVER
co 80206
APPLICANT VAIL TOWN HOUSE CON I D M INLUM Ar2 | 07 | 2006 Phone I 47 6-6223
C/O VISTAR REAL ESIATE
635 N, FRONTAGE #1
VAIL
co 81657
303 GORE CREEK DR VAIL Locationr LOTS 1-6
Lot: 6 Blockl 5 Subdivision: VAIL TOWNHOUSE
see letter in flle
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approvall. 1211512016
Meeting Datet
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Motion Byr
Second By:
Vote:
Conditionsl
Planner: Bill Gibson DRB Fee Paid: $100,00
i
I..,.t!_
Subdivision Plat Review ,oEc 0 6 2006
Departrnent of Community Development
75 South Frontage Road, Vail, Colorado 81657 |
tel: 970.479.2L39 fax: 970.479.2452
web: www.vailoov.com
General Information:
It is unlawful for any person, business, or corporation to violate any ofthe provisions of Title 13, Vail Town Code,
or to transfer, seil, lease or agree to sell or lease, any lot, tact, parcel, site, separate interest (including a leasehold
interest), interest in cornmon, condominium interest, time-share estate, fractional fee, or time-share license, or any
other division within a subdivision within the Town until such subdivision has been approved in writing by the
Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable) and a plat
thereofrecorded in the office of the Easle Countv Clerk and Recorder.
Type of ApplicaUon and Fee:
tr Duplex Subdivision Plattr Single Family Subdivision Plat
Application for Admin
$i00
$100
Administrative Plat Correction
Condominiumflownhouse Plat
$100
$100
tr
A.
Description
Physical Address:
Name(s) of Owner(s):
Mailing
Owner(s) Signature(s):
Name of Applicant:
(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
tbltfturrl L,
a3
oroc
rv'ra
Mailing Address: /z{u*C-
Phoner
Fax:
/re*{r+t6/l ,01
E-mail Address:
,4r7/rX€ta,
Flcdev\FORMS\Permits\Planning\Administrative Actions\Plat Revie\dcondo_th_plat.doc Page 1 of 4 12-6-2005
*******:l!F**+***+++*************,F,F********* *********++* * * * * * * ****************:r*+,r*******ii *,r*t
TOWN OF VAIL, COLORADO StAtEMENt*******************************************.t*'N.******+**********************rrr*rr*)ri.********
statement Number: R0d0002068 Amourt: gt0O.oo L2/07/2OO6t0:53 AMPalrment Method: Check Init : ,JS
NotaLion: L025/VAIL
TOWNHOUSES CONDO ASSOC.
Permit No: ADM0G0020 Type: AdministrativeParcel No: 2 t- 0 i- - 0 I 2 - 3 O O 1 - 2SitE AddrCSS: 303 GORE CREEK DR VAIL
IJOC IION: VAII, ROWHOUSES IJNIT 58
ToE.al Fees: SL00.00This Palment: 9100.oO Total AL,L, pmts: S100.oo
Balance: $0.00* * * * * + * +*+************,*** *********+++* * * * * * * **************{.******'}** **** * * * * * * * * * * * * * * * * * * * +
ACCOUNTITEM LIST:
Account Code Descript.ion Current pmLs
PV 00100003L12500 Administratiwe Fee 100.00
EXHIBIT B
Revised on 1112012006 by a ratification vote of the membership
along with a new map dated 101412006 recorded in Eagle County.
ALLOCATED INTERESTS
UNIT NUMBER APPROXIMATE
SQUARE FOOTAGE
APPURTENANT OWNERSHIP
INTER.EST IN THE COMMON
ELEMENTS, EXPENSE
ALLOCATION FOR COMMON
EXPENSES AND VOTING RIGHTS
3254 16.85%
2B 587 3.O4o/o
2D 1237 6.41Yo
3A 1404 7 .27o/o
3B 1600 8.29o/o
4A 2153 11.15o/o
48 1410 7.30o/o
5A 2109 10.92%
5B 1521 7.88Yo
6A 2420 12.530/o
AR 1614 8.360/o
Total 1'l units 19309 100.00o/o
RECORDING DATE:
rLt
copr
Departmmt of Communi4r Deuehpmmt
75 South Frontage Road
Vail, Coloraln 81657
970-479-2r38
FAX 970-479-2452
wtaw.aailgou.com
December 15, 2006
Dale Bugby
c/o Vistar Real Estate
635 North Frontage Road, Unit 1
Vail, CO 81657
RE:Amended Condominium Plat for Vail Townhouse Condominiums
303 Gore Creek Drive/Lots 1-6, Block 5, VaitVittage Filing 1
Dear Dale,
The Town of Vail Staff has reviewed the proposed Amended Condominium plat for the Vail
Townhouse Condominiums. The following is a summary of the comments from lhat review:
1. On sheels 1 through 4, replace the term "condominium map" wilh the term
"condominium plat" in all title blocks and certificates.
2. On sheet 1, the building locations must be tied to property corners with distances
and angles.
Once these corrections have been completed, submit to the Town of Vail two signed mylar
copies of the plat (all certificates except the administrator and the clerl</recordeicertificates
must be completed) along with the restated declarations to be recorded. Additionally, submit to
the Town of Vail a check paid 1o the "Eagle County Treasurer" in lhe arnount of the recording
fees.
lf you have any questions or comments, please feel free to conlact me at (970) 479-2179.
Sincerely,
\!\4/t/'l-n- .4-/----
BillGibson, AICP
Town Planner
Town of Vail
CC: Gore Range Surveying
{ploortoo**
fttf
fupr
'AMENDMENT
AND
SU PPLEMENTAL CO NDO MI N I U M DECLARATION
FOR
VAIL TOWNHOU S ES CON DOMINIU M S
(A Condominium Community)
THIS AMENDMENTAND SUPPLEMENTAL CONDOMINIUM DECLAMTION (this "Amendment') is
made on the date set forth below by Vail Townhouses Condominium Association, a Colorado nonprofit
corporation ("Association") and by requisite Owners of Units in the Community.
RECITALS
A. The Association and Owners of Units in the Community, approved and recorded that
certain Amended and Restated Declaration for Vail Townhouses Condominiums in the records of the
Clerk and Recorder of Eagle County, Colorado (the "Amended and Restated Declaration"), recorded May
16,2005.
B. Article 7, Section 7.16, of the Amended and Restated Declaration sets forth the procedure
for certain changes to the Building and Units.
C. The Owners of Units 44, 48, 5A, 58, 6A and 68, Vail Townhouses Condominiums have
complied with the procedures set forth in the Declaration.
D. In accordance with the terms of Article 7, Section 7.1 6 and Article 1 0, Section 1 0.4, of the
Amended and Restated Declaration as modified by C.R.S. $ 38-33.3-217(a), the Owners have approved
the Unit expansions, including revised square footages for these Units and have appmved this
Amendment and Supplemental Declaration and the revised Condominium Map.
E. This Amendment has been determined by the Association to be reasonable and not
burdensome.
The Association and the Owners that have approved the reallocated square footages declare as
follows:
1. Expansion of Units 44. 48. 5A. 58. 64 and 68
Pursuant to the terms of the Declaration, this Amendment and the amended Condominium Map,
the following Units in the Community are expanded:
Units 4A, 48, 5A, 58, 64 and 68, Vail Townhouses Condominiums.
As expanded, these Units shall continue to be identified as Units 4A, 48, 5A, 58, 6A and 68, Vail
Townhouses Condominiums (and as identified on an amendment to the Condominium Map);
provided that the allocated interests shall be revised as set forth in Paragraph 3 below.
2. Amended Condominium Map.
Pursuant to the Amended and Restated Declaration, the Association has prepared and recorded,
in the records of the Office of the Clerk and Recorder of Eagle County, Colorado, an amendment
to the Condominium Map covering the expanded Units 4A, 48, 5A, 58, 6A and 68, Vail
Townhouses Condominiums.
3. Amendment to Declaration Reoardino Number of Units. Square Footage and Allocated lnterests.
The total number of Units, approximate square footage of each Unit as well as the appurtenant
ownership interest in the Common Elements, expense allocation for Common Expenses and
voting rights are allocated as provided in the Declaration.
Exhibit'B'to the Amended and Restated Declaration is amended by deleting that Exhibit in its
entirety and substituting a new Exhibit "B'that shall read as follows:
EXHIBIT B
ALLOCATED INTERESTS
UNIT
NUMBER
APPROXIMATE
SQUARE
FOOTAGEl
APPURTENANT OWNERSHIP INTEREST
IN THE COMMON ELEMENTS, EXPENSE
ALLOCATION FOR COMMON
EXPENSES AND VOTING RIGHTS
2A'3214 16.85%
28 587 3.04%
2D 1237 6A1%
34 1404 7.27%
3B 1600 8.29%
4A z t3J 11.15o/o
4B 1410 7.30%
5A 2109 10.92Yo
5B 1521 7.88%
6A 2420 12.53T0
6B 1614 8.36%
Total 11 UNTTS 19309 100.00o/"
rApproximate square footages are based on the Amended and Restated Condominium Map, recorded Oclober 4, 2006,
and reflects lhe expansion of LJnits 44, 48, 5A, 58, 64 and 68.
'?Unit 214;, formerly consisted of Units 2A and 2C as created under the initial Declaration and the initial Condominium
Map.
As Units are added to, re-subdivided or withdrawn from the Community, pursuant to the provisions
of the Declaration and the Act. the formulas set forth in the Declaration shall be used to reallocate
the Allocated lnterests.
Definitions.
Unless otherwise defined in this Amendment, initially capitalized terms or terms defined in the
Declaration shall have the same meanino in this Amendment as Drovided for in the Declaration.
4.
lN WITNESS WHEREOF, the undersigned hereby certifies that the foregoing Amendment and
Supplemental Declaration setting forth reallocated percentage interests for Units 4A, 48, 5A, 58, 64 and
68 has been approved in accordance with the terms of Article 10, Section '1 0.4 as modified by C.R.S. g
38-33.3-217(a).
Datea tnis a.Oqaay of =,gz+.-..+f2gg?
Vail Townhouses Condominium Association, a
Colorado nonprofit corporation
STATE OF COLORADO
couNryoF ffi-r_-_€
The foregoing was acknowledged before me by Z-11P. =. FAA-I-+
corporation. on this
Witness my hand and official seal.
Public
By:
Title:
ss.
SARAH K, DORMAN
NOTARY PUBLIC
STATE OF COLOHADO
lU oomnrrdsn Erpircc June g, €909
commlsston exotres:
FROt't :Panasoni c TnD/FRX Feb. ?A W. A7i5*n PAL
,, l,li -Y'? - i
Vl/t V*rf1,Pttgc
. AMENDMENTTO CONDOMINIUM MAP
KNOW ALI. MENBY TTIESE PRESENTS:
THA1., WHEREAS, VAIL TowNHoUsES, L.I'D', a Colorrdo corpora|ion as
Declararrthas heraofore filed a condominium map pertaining to thc following dcscribed prop€rty
situate in thc County of Eagle, State of Colorado, lo'wit:
Lots I , 2, 3, 4, 5 and 6, Resubrlivision of Block 5, and a part of Gorp creek Drive'
Vail Villagi I st Fiting, zubject to Party Wall Agrccmott of rccord, together with
0re right tJ usc the roids, strpets, drives. lancs, placcs' cid-q and walkways as
shown on thc maps and plate of Vail Vjllagc First Filing, Vail Villagc' Second
Filing, Vail Villagc, Third Filing, und rcsubdivisions thcreto; filed in tho Plat
BookofEagle county at Psges 49, 50 54, 56 and 59, for access to and from thc
premiscs, whi"h tigltt shall be appu:tenant to and run wilh the land and shall not
bc constued to bc Personal,
which map urd any amcndrnents (horcto arc horeinnll$ rcfcrred to as thc "Map," urd
WI.IEREAS, it is thc dcsirc of thc parlies horcto to arnend said map as hcrcinaflcr
sct frrrth,
NOW, THEREFORE,Il'15 AGREED AS FOLLOWS:
L Said map is hcreby amcndcd with respcct to condominium units 2C and 2D as
sct fo(h in Exhibit A attached hereto and made a part hcrcof'
2. Nothing horsin shall in any way affect the pcrcentago of owncrship set forth in
Paragraph 38 of thc f)oclration.
PFIONE NO.: 5746853
corlrmon elenrents and all holdcr-s of recordcd
their hands and scals as of this22_<tay of ;
and firrt dccds offfust, havo sct
2002.
12.935 %intcrcstUnil(s) 24,
Cecilia Barbara de Moctczunta by Vicki Pcarson.
IN WITNESS WHER-EOII, 75% of the aggregate ownership intcrest itl the gcneral
her attornoy-in-fact
FRON :FanasBni c TnD/FRX
STATE OF COLORA.DO )
) ss.
COUNTYOFEAGLE )
trHEtE NO. : 57gEB3f Feh. 79 ?AAz 8?:59P1'1
"*
S5
L ,D /-t*
(Y '"E<'o*h*
*-Er*-Kgilt_
n"(
u Tbeforcgoirrg iustrurucnt was aclororvtedgcd bcfore me thit 3 t - -asy ot
Jfilaasn--tz ,2002, by Richard K' Parkcr'
My"conrrnission expirosr W &lrnnlsj!9n lxpllEllerch 1' N03
Witncgs nry hand and oflicial ssei'
&tL"*r, 0'
Notary Public
STATE OF COLORADO
CITY & COUNTY OF DENVER
lhe foregoing 'instrument was acknowledged before me thi s 2L aa
-,?002,
by Dan E. Griffin, Executive Vjce Presi
My comm i s s i on exp i r es : W Annbdon Erylres ttedlt t, NB
Witness my hand and official seal.
MOTJNTAIN SI'ATES BA}IK
FRCIm : Panasoni c TflD/FPX
S'I'A,TEOF COLORADO
pHot€ r.to. : 57@83-3 r et), a.r
) ss.
"oT" "tffiffim-olr war rsknowrodgcct before me this -&t^v or-
"eA'rr'd44;:' zoloz' uY NancY s' Parkor'
| ilv0qrrnhsion *iiir: -"'j'-;05 rtu
^^66i'6i^^
c-^i'| ' $vcqfinksion t;l,ii: ' .';'-J05
My commision Expires 6.18-2005-
MY comntisgion exPrrcs:
Witnosr my hand arrd of{icid s€al'
Jonn W. DUHN
ATTOR NEY AT LAW
TELEP HONE
19701 476-O3co
FACSIM ILE
\9701 476-4765
Durqru & AePraNnr-B PC.
SUITE 3@
IO8 SOUTH FRONTAGE ROAD WEST
varl, coLoRADO 41657- 5087
E_ MAtL lex@\,/ail.net
AMENDMENT TO CONDOMINIUM MAP
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, VAIL TOWNHOUSES, LTD., a Colorado corporation as
Declarant has heretofore filed a condominium map pertaining to the following described property
situate in thb County of Eagle, State of Colorado. to-wit:
Lots 1, 2,3, 4,5 and 6, Resubdivision of Block 5, and a part of Gore Creek Drive,
Vail Village lst Filing, subject to Party Wall Agreement of record, together with
the right to use the roads, streets, drives, lanes, places, circles, and walkways as
shown on the maps and plats of Vail Village First Filing, Vail Village, Second
Filing, Vail Village, Third Filing, and resubdivisions thereto; filed in the Plat
Book ofEagle County at Pages 49,50 54,56 and 59, for access to and from the
premises, which right shall be appurtenant to and run with the land and shall not
be construed to be personal,
which map and any amendments thereto are hereinafter referred to as the "Map," and
set forth,
WHEREAS, it is the desire of the parties hereto to amend said map as hereinafter
NOW, THEREFORE.IT IS AGREED AS FOLLOWS:
l. Said map is hereby amended with respect to condominium units 2C and 2D as
set forth in Exhibit A attached hereto and made a part hereof.
2. Nothing herein shall in any way affect the percentage of ownership set forth in
Paragraph 38 of the Declaration.
IN WITNESS WHEREOF, 75o/o of the aggregate ownership interest in the general
common elements and all holders of recorded fi1st mortgages and first deeds of trust, have set
their hands and seals as of this l) day of F'Lt,.-a( J ,2002.
Richard K. Parker Unit(s) 2A,2D 12.935 %interest
Cecilia Barbara de octezuma by Vicki Pearson,
her attomey-in-fact ts--r'.b-9>-:r \>-=---'-\-''--/--=-rq
Vicki Pearson Unit(s) 2C 10.876 % interest
James M. Todd
and
Robert M. Euwer and Barbara D. Euwer Revocable Livine Trust
By:
Unit(s) 28 3.829 % interest
Gore Creek Partnershio
By:
Unit(s) 3.{7 .967 % interest
Stewart Colton
Vail4A L.L.C.
Uni(s) 38 8.932 % interest
By'
Unit(s) 4A 10.297 % interest
Family Vail Limited Partnership
By:
Unit(s) 5A,58 18.592 % interest
Joy R. Hilliard Qualified Personal Residence Trust
iy,
Unit(s) 48 7.196 o/o interest '
William B. Whiteford
G. Mitcheil Whiteford
Christopher L. Parks
and
Michael D. Parks Unit(s) 6,4'10.638 % interest
Barbara C. Welles Qualified Personal Residence Trust
and
John G. Welles Qualified Personal Residence Trust
Unit(s) 68
WELLS FARGO BANK WEST N.A.
8.018% interest
By:
By:
The foregoing instrument was acknowledged before me this 5 day ol
,. . ',,j!nmlssion Expiret 0?l??/?i)Q3
,'ilgOTARp\E?t my hand and official seal.
a
STATEOFCOLORADO )
coLNrY oF EAGLET ' ltt
Moctezuma.
STATEOFCOLORADO )
) ss.
COLINTY OF EAGLE )
,,[
< , The foregoing instrument was acknowledged before me this
+,z0oz, by vicki pearson. . - -2-^^^4rarnrj|.3
*l-l,rr,on expires: i'ty commission Expires 0222i20'111
Witness my hand and official seal.
.":'ii.'Jl'll'",,r'tgB<e.i
?,/gornap\%r?--
-').
t:o*:Q.il
day of
';4ffi13:t
gOTA&p
PuButo
STATEOFCOLORADO )
) ss.
coLNTY OF EAGLE . )
The foregoing instrument was acknowledged before me this
-
day of
2002,by as Trustee of the Barbara
G.Welles Quaiified Personai Residence Trust.
My commission expires:
Witness my hand and olficial seal.
STATEOFCOLORADO )
) ss.
coLNTY OF EAGLE )
My commission expires:
Witness my hand and official seal.
Notary Public
Jr , The foregoing instrument was acknowledged before me this _h" br'k4-r'.{ ,2002.by Mc'rqa<-.{A.Krol .as
4a,".io. Tr<= 0re rrJ.r.t of Wells FargdBank West, N.A.
day of
Vicki Pearson unit(s) 2c 10.876 % interest
James M. Todd
and
Robert M. Euwer and Barbara D. Euwer Revocable Living Trust
Unit(s) 28
Gore Creek Partnership
3.829 % interest
By:
By:
By:
By:
Unit(s) 3A 7.967 % interest
Vaii 4,A. L.L.C.
Unit(s) 4A
Family Vail Limited Partnership
10.291% interest
Unit(s) 5A,58 18.59? % interest
Joy R. Hilliard Qualified Personal Residence Trust
unir(s) 3B
STATEOFCOLORADO )
co{.rNTY oF EAGLf ) ss'
STATEOFCOLOK\DO )
) ss.
COLINTY OF EAGLE )
The foregoing instrument was acknowledged before me this
2002,by
of Vail 4A L.L.C.
My commission expires:
Witness my hand and official seal.
Notary Public
day of
The foregoing instrument was acknowledged before me this l4W luy ot
, 2002, by Stewart Colton.
My commission expires:
Witness my hand and official seal.
Notary Public
Joy-R. Hilliard Qualified Personal Residence Trust
Unit(s) 4B o% interest
William B. Whiteford
G. Mitchell Whiteford
Christopher L. Parks
and
Michael D. Parks Unit(s) 6.4
Barbara C. Welles Qualified Personal Residence Trust
10.638 % interest
and
John G. Welles Qualified Personal Residence Trust
By:
By:
unit(s) 68
WELLS FARGO BANK WEST N.A.
By:
8.018% interest
STATEOFCOLORADO )
) ss.
couNTYoFEAGLE )
The foregoing instrument was acknowledged before me this 3{ :f 6u, o,
9.2002,uv /yg AZ {"7tr:aAAT*rt." of rhe Joy R. Hlri-a
Qualified Persorial Residence Trust..
The foregoing instrument was acknowiedged before me this day of
,2002, by William B. Whiteford.
My commission expires:
Witness my hand and official seal.
Notary Public
My commission expires: lillg,fiS
Witness my hand and official seal.
STATEOFCOLORADO )
) ss.
coLNTY OF EAGLE )
n"4j
dft,"
Vicki Pearson ' Unit(s) 2C 10.876 % interest
James M. Todd
and
Robert M. Euwer and Barbara D. Euwer Revocable Livins Trust
By:
Unit(s) 28 3.829 % interest
Gore Creek Partnership
/\+ /1 : i<-*.B:r: r-l(c-: L. t_t-_.G";'*=<-
Unit(s) 3A 7.967 % interest
Stewart Colton Unit(s) 38 8.932 % interest
Vail4A L.L.C.
By:
Unit(s) 44, 10.297 % interest
Family Vail Limited Partnership
By:
Unit(s) 5A,58 18.592 % interest
Joy R. Hilliard Qualifred Personal Residence Trust
o
a\ I\ c{t'r .srATEOFeer€Rrso )
a'r\*[- ' ) ss'
COLINTY OF EA€T# )
( The foregoing instrum-qnt was acknowledged belore me this \ \ \auy of
=
\*F*:\. ,,
-,ZOOZ,Ay 0t",- (."Vr(;\i.r as a
'.tn
i.or f,r.t*,rottneGore Creek pdpership.\JN
My commission expires: -1pt\ 3 t , Z tl ,l?-
Witness my hand and official seal.
l.^.1(::L l-. f.1cs:-!'/
i:3T,"ll'; ru::-!;
1.. r'C;..11.1.-llli I f :::::: i:l''- :1, :::l
STATE OF COLORADO )
) ss.
)COLNTY OF EAGLE
The foregoing instrument was acknowledged before me this day of
2002,by
of the Family Vail Limited Partnership.
My commission expires:
Witness my hand and official seal.
Notary Public
Vicki Pearson Unit(s) 2C 10.876 % interest
James M. Todd
and
Robert M. Eurver and Barbara D. Euwer Revocable Livins Trust
By:
Unit(s) 28 3.829 % interest
Gore Creek Partnershio
By:
Unit(s) 3A 7 .967 % interest
Stewart Colton Unit(s) 3B 8.932 % interest
Family Vail Limited
i(s) 5.4,58 18.592 % interest
Vail4A L.L.C.
10.297 % interest
Joy R. Hilliard Qualified Personal Residence Trust
O
.../ .- rl
,/ , The foregoing instrument was acknowledggd before me this Bb day of
L
r LLrD;f,.
STATE OF CpLo-RADO )I Caa-A. ) ss.
COLTNTY OF EAdLE . )
(tbr,un, -,z}oz,bv 6e**" J: Raj<k,
/H+nEJa€ R ' of Vail4,A' L.L{.Jtr
My commission expires: lt /.7, / ,M4
Witness my hand and official seal.
STATEOFCOLORADO )
) ss.
coUNTYoFEAGLE )
"OFFICIAt SEAL''
DEBRA A. NAWROT
NOTARY PUELIC, STAii OF Itt|NOIS
MY CoMMTSST0N EXPTRES 11/21l?004
day ofThe foregoing instrument was acknowledged before me this
2002. bv Stewart Colton.
My commission expires:
Wifness mv hand and official seal.
Notary Public
STATEOFCOLORADO )
) ss.
COUNTYOFEAGLE , )
The foregoing instrument was acknowledged before me this
2002,by
day of
of the
Gore Creek_Partnership.
My commission expires:
STATE OF CO
Witness my hand and official seal.
lLr-rp,,
Notary Public
The foregoing instrument was acknowledged before me this /3tX day of
,2002,by
of the Family Vail Limited Partnership.
My commission expires:
Witness my hand and official seal.
)
,, Jr.
)COLINTY
".'P%TT
"OFFICIAL 5EAL"
DEBRA A, NAWROT
NOTARY PUSLIC, SIATE OF ILLINOIS
!1Y^q0-ur4 t!s.l qry lxplREs I 1 /2 1 / 2004
Vicki Pearson Unit(s) 2C 10.8'16 % interest
and
Robert M. Euwer and Barbara D. Euwer Revocable Livins Trust
By:. <-
Unit(s) 2B
re Creek Partnership
3.829 % interest
Go
Bv
unir(s) 3.{7 .967 % interest
Stewart Colton
Vail4A L.L.C.
unit(s) 38 8.932 % interest
By:
Unit(s) 4A 10.297 % interest
Family Vail Limited Partnership
By,
Unit(s) 5A,58 18.592 % interest
Joy R. Hilliard Qualified Personal Residence Trust
srArEoFCoLoRADo
]r,
COUNTY OF€#rGLtsllr€Lts )
AAat{aot'
The foregoing instrument was acknowledged before me this eq
J,4*{ Jdl-v 2002.bv James M. Todd.
srArE oF coLoRADo ) *'T$?:191ff'*''
) SS.
COL|NTY OF EAGLE )
day of
The foregoing instrument was acknowledged before me this _ day of
,2002,by as Trustee of the
Robert M. Euwer and BarbarqD. Euwer Revocable Livine Trust.
My commission expires:
Witness my hand and official seal.
Notary Public
aL/34/2AA2 I3:46 393 AND INVoEl57941oFKUN I ltr.'\ KE.
and
Robert M, Euwpr and Barbara D. Euwcr Revocablc Living Trust
Corc Creek Partnership
Uni(s) 3A 7 ,967 % interest
Unit(s) 3B 8.932 %interest
FAGE E5
By'
Stewart Collon
Vail4AL.L.C.
Unit($) 4A
Family Vail Limited Partnership
1Q.297 "/o intcrcsl
By:
By:
tJnit(s) 5A, 58 18.592 % inlercst
unit(s) 2c
Joy R. Hillird Qualified Personal Residence Trust
q,lt iut -t!tJ L r:.*o )UJ | ,-IC.lJ
STATE OF G€T€R#€
COI.JbiTYOFM
r- tirJt i l !:F, rlE
My commission oxpires: 8 /tl lAq
Witness my hand and ofTicial seal.
-TEYpt ) *ruTfff''
) ss.
)
o
STATEOFCOLORADO I
coLrNTY oFf*df
d,WetgL
, . The foregoing inslument was acknowledged before rnc this
JA{V JdLq . 2002, by James.V. Todd.
a4 day of
c,.Ja-a
The tbregoing instrument was acknou'ledged before me this / day ofF-b, -,
zti'.02, uv Rol., * * &iLo"o Or*rrasfiGeicf the
Roben M. Euwer and Barbad). Euwer Revocable Living Trust,
My commission expires:
SANDY DICKSON
NOTANY PUBLIC
STATE OF TEXAS
My C0alnissi0n Fxpires 03-11-2002
FROM .: Panasoni c TRD/FRX PHoNE N0. : 57@833
EXHIBIT
FIRTS FLDT]R PLAN
Feb. 28 %WA t?i52Ql1 P@L
UNIT
@
UNIT ?D
TOT{N OFVAIL 8$'D yFf{. r
Department o! C ommunity Development
75 South Frontage Road
Voil, Colorado 81657
970-479-2138
MX 970-479-2452
www.ci.vail.co.us
January i0, 2001
Pam Hopkins
Snowdon & Hopkins Architects, p.C.
201 Gore Creek Drive
Vaii. CO 81657
RE: Vail Row Houses / Lots I to 6, Block 5, Vail Village lst Filing
Dear Pam,
As you are aware, the community Development Department files do not contain adequate information to determine
the total amount of development potential currentty being used by the existing Vail Row Houses. Therefore, we are
unable to make an exact determ]n1lion of the remaining development potential for this site. we are accepting EagleValley Surveyirg's December 5, 2000 survey ofthe Viil Row Houses as a basetine for the purposes or catcJtatin!
site coverage, with the assumption that the survey information and calculations were complited in accordance wiiir
the Town Code.
The Vail Row Houses are located within the High Density Multiple Family Zone District. The maximum site
covemge that is allowed in the High Densify Multiple Family Zone District is 55% of the total site area. Based upon
the December 5, 2000 survey, a maxirnum of 8,92 i square feet of site coverage is permitted on the entire Vail RowIlouses site. The December 5, 2000 survey indicates ihat the existing Vail Row Houses cover approximately 7,134
square feet ofthe site, which indicates that site coverage is still avail;ble for firrther developmeniofthe property.
If you have any questions or conmtents, please feel free to call me at (970) 479_2113.
Sincerely,
A.l.Z<-_ n, "t2.4--
Bill Gibson, Planner I
Town of Vail
$REL-YCLED PAPER
-, "
ri;fr1 iiaii;" "
4, 4 ti;".^opk
i ns F rch i te c'!p.1
Dace: 6/LS/OO
Per reguest of \ricki pearson.
Area calculatrons fo.r exrstrng buildrng aL gra,Jecondonriniums. vail ViIlase rii"i -riiins
Square feet structure: ?000. 4-.
Square feet parcel: L6ZZ0.
Thi.s represents 43.Lt of
Overhang square footage:
ParceI coverage -
72 'o (no:.*11
4-.
at Vail Townhouse ;
orrtcE: 41199Hwy.6&24
Eagle-Vail, CO 81OZO
MlruNG: P.O. Box 1230
Eclwarde, CO 81632
PHoNe 30$94S1406FN(r 303{4$9504
4-
Oot 26 0O O9:42a
F'RoN : Panasoni c TRDzFAX
fto""*t"Pkins
flFchitect
O
H{oNE NU. : 57@933 Jun. 18 2EEA 12:@Ft4 PBI
p. a
4-
June 18,2000
DearDcbhie,
l,vebosn overwhchncd with work this lastweek' atd aqolgr11lgnot
nrdlingthe new surve; yei t am t'axingyou thc sulYey in wo pieces ( In
placn sidcby side ) Jt ffiffi; *loJ*r*e rssults. Also,l am faxirtg
iheir c€rtified lettcr.
As rhe brrilding coverage is 6,998'547'if $ actually added 250 sq' ft'
coverage for each r"*":t "iiii,
*rlrtn i* r'sOb sg' ft'' that would total
8,4e8.542 rliviile<l ttv'il,liii'eo-ti ile lol sq' lt' ) would still onlv be
52.4%coveragc' u..otii4to Mili" a thcEaglc vary Survey Co'
so, it looks like wc have no issues os to thc 250 additions and thc inrpact on
our site coverage-
t will nrail you the survcy tomonow. The architect is out of town utttil'
,t.ucsday evaning (;i;;;iliihis family for Farher's Day ), and I have not
vet locatprl uu "t*nuiioi
orut soutt, nide. Rs soon as I have,l will fax it as
well as send it via mail'
" Bnjoy ttrc day with your family, and plearc call mo if thpre are ary other
concerns or quesfion$.
Wormestrcgards,
,t t
rl*terZ3r'?nao
1+i V t'c]ci
t <r,ggrec.u-a'l€r\ lJwtirk +"ir^''-1
\t^.e- h\''.€ +o 3tt,,c' Y l*
trrrVrr rn-c.- arr Jvrre- 2l ' 1 s\-lt hdr'',c
i$c{l- r.g@nv€& * cea<Ial,al.c cagl dl
*r"r- Sc"4 xg a*4 !v'fu 1a.t
\pl'\t $ei'rL-wla a tns'\d a4'p1'
[+ow1+te&U/r- -
\{-I",\,.{
r! t i,I'"tL'-s.?se:'\snrt-. Jk 1cI"^E-lb'-S) JDffi]<-
UNITNUMBERS
& %oAppurtenant
Undivided Interest
#2A & )L Dr. RichardK. Parker
5.592% | 3329 E. BaYaud Ave', #1514
#2D Denver, CO 80209
7.343% 303-861-8158 (O)
303-861-0939 (Office Fax)
303-399-6076 (H and Fax)
sl]- (.e.t-eL
- // 1l '-: -
OWNERS LIST. VAIL TOWNHOUSES CONDOMINIUM ASSOCIATION
Revised .- SePtember 14, 2000
#28 --V James M. Todd
3.829% 4 Robertl-. Euwer
5728 S. GalluP Street
Littleton, CO 80120
303-79s-6501(H). 303-794-1509 (O)
303-794-1 6 15 (Office FAX)
#2C Vicki Ann Pearson and
10.876% (co-owner) Cecilia Barbara de Moctezuma
P.O. Box 6236
Vail, Colorado 81657
970-390-0605 (Vicki's Cell Phone)
970-949-5933 (Vicki's Offrce FAX)
970-9 49-s933 (Vicki's II)
970-949-5933 (Vicki's Home FAX)
#3A Olive C. Watson
7.967% c/o Olive F. Watson (daughter)
285 Lafayette Street
NewYork,NY 10012
917-237-0125 (H)
917-237-0128 (FAX)
#38 Stewart Colton
8.932o/o 232 Hartshorn Drive
Short Hills, NJ 07078
e73167-9360 ($
973467-9716 (FAX)
Bmail: none
E-mail: iimspin@aol.com
E-mail: vvail@vail. net
&mail: unknown
;p€ ulbre n,Ja-yLis-
Qv*)
E-mail: unknown
pageZ- September 14,2000 - Vail Townhouses Owners Addresses
#4A RobertJ.Tuckerand
10.297% Deanne Tucker
31033 Buttermilk Court
Evergreen, CO 80439
303-674-6969 (H)
303456-8000 (O)
303456-8100 (Office FAX)
#48 Joy Hilliard7.916% 4600 S. Monroe Lane
E-mail: rob@choosecustom.com
E-mail: EHHJRH@)AOL.COM
Englewood, CO 801l0
303-789-06e2 (rI)
303-759-8556 (FAX) c/o Helen Freemyer (daughter)
Attention: Joy Hilliard
#5A & Family Vail LimitedPartnership10.297% Thomas J. Pritzker#5B 200 W. Madison St.,25ft Floor8.295% Chicago,Il 60606
312-7s0-84s1(O)
3 12-920 -239 s (Offi ce FAX)
#6A Margretta Parks and Sonsrc.$8% P.O. Box 1284
#68
8.018%+
E-mail: unknown
Vail, CO 81658
Fed Ex to: Row House 64' (specifu: no signature necessary)
303 Gore Creek Drive
Vail, CO 81657
970-390-8345 (Chris'cell)
970479-9040 (Chris'H)
970479-9049 (Chris' FAX)
97047 6-367 | (Gretla's H)
97 0 -37 6 -l 4 40 (Gretta's cell)
970476-7410 (Gretta's FAX) (you may need to call before faxing)
Barbara Welles and Family E-mail: bcwigw@aol.com
f-c%DeUUie Welles (daughter) E-mail: dgwelles@rlmartin.com
I 4950 Sanford Circle West
. I Englewood, CO 80206
303-757-8774 (Debbie - FI)
303-756-7459 (Debbie - FAX) (call home # to verify receipt, fax frequently off)
3 03 -322 -26 1 2 (Barbara-Denver)
303-320-6464 (Barbara's Building FAX - mark for Welles, #11S)
ELTBARR,F*rir.*,"*el.AUsrtNlo nsurting Ensineers LJ*-ffi--r^n cl-2.79 r"o*". 5Jt6
Checksd --** gh€u _- ol-
AI E^JD y{*Ee€ Wl(o €ANN}T &6Ae oN .Y|AI'F)R."{i
wt6,t
I
l.'
I
1./t t
-lt ,li t,r,2 r4 CAP P-
7* Q gsrts 7D W 16
','n- X 3 t l/z 5€.AT
lc s ^ lt.g
lG eouTE 6,
i Lx Pld{.,,:
- 4 rJcqag
M ff{totJ?-f
n) /r rJci+oKC
T? gXrSfrdQ laub
uJAlu utrrn A -Vt+
EV€NLV 6PAC-|. O
.
I
i
* 4" * '-'/z' {'o.r- t'
er.i Y"" L.1t-lPAL. i
-.€ x.r.,T tA4 (.{t.\:.R€T€ +t-AB
a
.,.. \
,rt'/, \('N ),.s$
., \.fr*l'*t"
a unils L- 613
\ rt , , -l .,-.,n house 5 (o^do
'*st n '
T:rea.s u re t''
"
fin, Todd
7a.n+i <t'. Reol €s{a+<
f7 3 -7 S' Go liuF-Lilfl<lon
, Co
71 "l- 15 o1
)ther unil= lT e,st t
6-8 A- nv* belo11 +e a\
Condo. 6-550c'.
o
Vail f,orrnhouses Condotnlniun Assn.
1350 W. Llttleton Blvd.
Lltt]eton, Colorado 80120
August 9, 1979
Mr. Richard Tueker
5650 So. Syracuse Circle
Englewood, Cqlorado 80110
Dear Diekt
i& new calcul-ations for squara footage and per cent
for the Vall Townhouse Condoni.niums are as follous:
Apt. No.-
2a
?b
2d
Je
3b4a
4b
Ja
5b6a
5b
tquare Feet-T-
595
t-r690
1,1-41
1 t?.R
1 "qR1,500
1,230
l,5oo
L1289r 4<a
1.246
15,539
of omership
Per Cont
5.w4
'1. I )Q
l-0.8?6
7.34j
7.967
8'9"2
to.297
?.976. to.2g7
8.295
10.638I nrR
t.a..* *
in the Wellest
Totals
Tho above f i.gu.r"o s take into aceount the changes made
Hilliad and Pritzker apartnrents several years ago.
regard s ,
dve../.,{
r octo
JT: vI /arspgo
kia
5e, eq
/brzaa-ft x bo%: 7z zz rW,'
0o * /oo *>ano4 = &sc{
FLaL{ 6rl Utt*U. lsT1rt-tnt/r/
DATE OF
l,l
MEMBERS PRESENT:
DESIGN REVIEW BOARI)
SECONDED
AGAINST
APPROVED:
DISAPPROVED:
DESIGN REVI]]W BOARD
DATE OF
MEMBERS
MEBTING
@w
VOTE: FOR:AGAINST-
[//4n/4 /mtU-|
APPROVED, ,.-"-" -
DISAPPROVED: _
SUMMARY:-
PLANNING COMMISSION
August 7, 1975
Mi nutes
MEMBERS PRESENT:
Bill HanlonBill Heimbach
Gordon Pierce
Dave SageBill l.liito - appeared for the second item on the agenda
COHEN VARIANCE
Background information was supplied at_the July 17, 1975 meeting in whjch.
the architects and tne ii.m Ji'UcLaugfrljn & Pelerson were present. This is
i iequest for the addition of GRFA in a presently non-confgrm]nS building'
inr*d units in the Row Houses -- 68,58, & 48 request permission to enclose
their southern Ualcoiyt"-inJ-t"o unitt *ish to increase the size of their
loft areas. fne totai-vu"iin." asked fori s approximately 450 square feet'
The staff, when askeJ their feelings, had no problems wjth the request.
niier Oiana Tough'ill read the critlria and fiirdings to the Planning Commision'
Gordon pierce made a motion to approve the varianle, and Dave Sage seconded
the motion. A vote was taken ani'Heimbach, Pierce & Sage voted for the
motion and Bill Hanlon opposed it. The moijon was passed w'ith a 3 to I
vote.
L.G. Everist, Inc was requested to app'ly for a conditional-use Permit to
allow aggregut" rto.k piiing'in a heivyservice district (Skelly 0il property
juii "eii oi pittin C.!"f.)." A concretl batch plant was illegally erected
in-stui. Highway right-oilway for which there is no zone district and the
igg""gui" tioct<-pitjig is necLssary for the batch plant operation'
The comnunity Development Department advjsed Everist that they would.be
aiioweO to cLntinue to furnish concrete for the highway plgiect pending
ipprovaf of the Conditional Use Permit but would not be a'l lowed to make
ibhmerciat del'iveries from the Bighorn p1ant. It was felt that allowing
the concrete plant io remajn to c6rnp1 ete the highway is in the best interest
oi tne .ormunity unO th.t the enlarged scope of operation as a commercial
facil ity 'is not.
Mr. Steve Leftosky, Everjst's Attorneyn had no argument that the Plant is
not a desirable thing-io trive in theTown. The ba|ch plant will be operated
on a temporary bas.i s untjl thejr contract with the Highway Department.expires
in the next three to iour months. The main conflict that they have with
the Town is their continuatjon of private sales of concrete within the Town'
Mr. Leftosky went on io,uy that his company has trjed to.keep the impact
of the concrete batch plani down to a minimum by placing it away from the
residential ur"u una U!.waiering it down every day to keep the dust problem
down to a minimum. He asked Diina Toughill, Zoning Administrator' if she
MEMORANDUM
T0: Town Council
FROM: Planning Commission
DATE: August .l9, .l975
RE: Planning Commission's recommendation on
the Cohen Vari ance
0n August 7, 1975 the Planning Commission voted to recommend
the requested variance for the additjon of gross residential floor
area in a presently non-conforming building. Three units jn the Row
Houses -- 68, 58, & 48 request permission to enclose their southern
balcony and two unjts wish to increase the size of their loft areas.
The total variance asked for is approximately 350 square feet.
By a 3-l vote, the Commission decided to recommend favorably
to the Councjl the granting of the variance. The maiorjty felt that
because the changes were basically interior they had no problem with
the variance. It was also felt that the external changes would be
rev'i ewed closely by the Design Review Board, and the Planning Com-
miss'ion was not particularly concerned about the square footage variance
per se.
The minority vote was against the variance because he did not
feel any balconies should be enclosed.
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NOTICE OF PUBLIC HEARING
N0TICE IS HEREBY GIVEN THAT l'lrs. Geraldine R. Cohen, representing
the owners of the subject units, has applied for a variance from the pro-
visions of Section 6.505 of the zoning ordinance,0rdjnance No, B (Series
of .|973) in order to allow additionai interior space in condomin'ium units
located on Lots 4,5, and 6, Block 5, Vail Village First Filing. Applica-
tion has been made jn accord with Section 19.200 of the Zoning 0rdinance.
A Public Hearing will be held in accordance with Section 2l .500
of Ordinance No. 8 (Series of 1973) on August 5, 1975 at l:00 p.m. before
the Vail Plann'i ng Cornmission whose decision will be transmitted to the
Town Council for final decision. Said hearing wiil be held in the Vail
Municipal Building.
-, lr
TOl,lN OF VAIL
DEP NT OF COMMUNITY DEVELOPMENT- ,/7./ ,/ ./a-,,^-J.Z-/,-, .-/.
S. Toughill /Di ana
Zoni ng Admi ni strator
o
AP PLICATION FOR VARIANCE
And/0r
CONDITIONAL USE PERMIT
Ordinance No. B (Series of 1973t
App I i
Heari
Final
ca t ion Date
ng Da te - '"
Decision date for Town Counci I
Publication Date
rl^--: cHearing Fee
rr"l -GertlJi,re R.,G)'t,., oi I Vlro.{.,'" L,.e A*qler-.oJ(Applicant) (Address) ,t1tl0
(C i ty )
Phone 1Gl -zr- Zl
the Vail Planninqdo he reby req ues t permission to ap pea r be fo reCommission to req uest the following:
(
Va r iance from Arf icle-_,
Zon ing Change from
Sect ion
TOParking VarianceCondiiional Use Permit to allow
tn Zone.
For the following described properfy: Lot,/tract
Fili.ng Number
C lea r ly state purpose and intent of th is application
, Block f
What do you feel is the basis for hardship in fhis case?
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