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gathering or any other act by any person or persons, which in the judgment of the Owner, and the <br />appropriate officials of the Town of Vail may deface, alter, destroy or damage the landscaping, <br />vegetation or aesthetic value of the Subject Land or litter its surface." Record, Tab 2, No. 13, p. 16, <br />para. 1.4. Furthermore, the 1971 protective covenants state that no "fence, wall or other <br />improvement shall be constructed, erected or maintained" until plans thereof are submitted to and <br />approved by a Planning and Architectural Control Committee as designated under the covenants. <br />Record, Tab 2, No. 13, p. 21, para. 1.1 and 1.3. No such plans were submitted to or approved by <br />the Planning and Architectural Control Committee in conjunction with the whitewater park, and <br />none are found in the Record. <br />Despite the existence of the identified Code and covenant based restrictions and limitations <br />on the subject property, on May 8, 2000, the PEC conducted a final review of the Town's PEC <br />application and approved the proposed grading modifications to the Gore Creek flood plain and the <br />erection of permanent structures in the flood plain with certain conditions. Record, Tab 4, No. 2, <br />pp. 1 -10. On May 28, 2000, the Association filed an appeal with the Town Council in the manner <br />set forth in Section 12 -3 -3 (C) of the Vail Town Code challenging the PEC's decision to approve the <br />Town's application on numerous grounds including the fact that the application and proposed plan <br />violated the above cited restrictions and other provisions of the Code, as well as the cited protective <br />covenants on the property, and the Vail Village Master Plan. Record, Tab 2, No. 7, pp. 1 -5. On June <br />13, 2000, the Town Council held a hearing on the Association's appeal and in denying said appeal <br />upheld the decision of the Town PEC approving the Town's application. Record, Tab 4, No. 7, pp. <br />1 -11. The filing of the present action challenging the decision of the Council then followed. <br />E <br />