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HomeMy WebLinkAboutDRB090614Design Review Board ACTION FORM 661114(1 Department of Community Development 75 South Frontage Road, Vail, Colorado 81557 tel: 970.479.2139 fax: 976.479.2457 web: www.vailgov.com Project Name: ESPEJO ADDITION Project Description: Participants: DRB Number: DRB090614 ADDITION: ENLARGE FIRST AND SECOND STORIES, INSTALL NEW DOORS, WINDOWS, DECK OWNER ESPEJO, MELITA MONICA BOSQUE DE ALMENDROS 203 BOSQUES DE LAS LOMAS MEXICO 11700 DF APPLICANT BETH LEVINE, ARCHITECT P.O. BOX 1825 AVON CO 81620 License: 0000001399 ARCHITECT BETH LEVINE, ARCHITECT P.O. BOX 1825 AVON CO 81620 License: 0000001399 12/11/2009 12/11/2009 Phone: 970-926-5099 12/11/2009 Phone: 970-926-5099 Project Address: 600 VAIL VALLEY DR VAIL Location: UNIT A9, NORTHWOODS Legal Description: Lot: Block: A Subdivision: NORTHWOODS CONDOMINIUMS Parcel Number: 2101-081-1100-9 Comments: see conditions BOARD/STAFF ACTION Motion By: Action: STAFFAPP Second By: Vote: Date of Approval: 12/23/2009 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 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond:202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0011222 1. The applicant shall not be issued a building permit until a building permit is issued for the reroof of the entire structure. 2. All new roof area must comply with TOV regulations. 3. Applicant is not required to mitigate for employee housing because SDD already had development potential allotted and accounted for in previous approved development plans. Planner: RACHEL FRIEDE DRB Fee Paid: $300.00 Y Department of Comn 75 So junity DevelopmenE-' th u Frontage Road d Va il x6lora a:.$3 ,r1 - 1 opment Application for Design Review ' Additions - Residential or Commercial General information: This application is required for all proposals involving the addition of an net floor area and/or gross residential floor area (GRFA). This also includes proposals for `re id y floor area, including ti l 2 ' s en `interior conversions'. Applicable Vail Town Code sections can be found at www.vailg'o com un a 50 additions and der Vail Information - Town Code Online. All projects requiring design review must receive approval prior to submitfing li a building permit ap- p cation. An application for Design Review cannot be accepted until all required information is rec eived by the Commu- nity Development Departrnent, as outlined in the submittal requirements. The project may also ne the Town Council and/or the Planning and Environmental Commi i ed to be reviewed by ss on. Design review approval e the date of approval, unless a building permit is issued and construction commences. xpires one year from Fee: $300 Single Family Duplex M lti F i u - am ly Commercial Description of the R oast: 1 ~1 Y 441 , e55,5- dllll~ , A9 Addition of 4-5- sq ft of GRFA or (Residential) sq ft of net floor area (Coim ercial/ Office) Physical Address: O kl r P _ 14 Le " V-e A Parcel Number: (Conte Eagle Co. Assessor at 970-328-8 640 for parcel no.) Property owner: D U11 Ltt- Mailing Address: 0 G Glc a 1114 00 Phone: Owner's Signature: ~ e G~ Primary Contact/ Owner 7eserd live: _ Vin Mailing Address: Phone: E-Mail: 7~. G For Office Use Only: Cash CC: Visa/ MC Last 4. CC Fee Paid: Received From: I Meeting Date: l0 DRB No.: _ Planner: Project No: Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision ith # Check # TOWN OF VAIL, COLORADO Statement Statement Number: R090001765 Amount: $300.00 12/11/200904:08 PM Payment Method: Check Init: JLE Notation: 5924 BETH LEVINE Permit No: DRB090614 Type: DRB - Addition of GRFA Parcel No: 2101-081-1100-9 Site Address: 600 VAIL VALLEY DR VAIL Location: UNIT A9, NORTHWOODS Total Fees: $300.00 This Payment: $300.00 Total ALL Pmts: $300.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 300.00 Buildinq Materials Roof Siding Other Wall Materials Fascia Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Notes: i PROPOSED MA ' i'T v DU -1 j '19 Type of Material - ;Color TOWN OF VAIL ~Vkve' 'o &G 1;I - aji /'VjlitS fi Please specify the manufacturer's name, the color name and number and attach a color chip. 40, P.O. BOX 1231 VAIL, COLORADO 81658 303-476-3486 Fax: 303-479-9093 Northwoods Condominium To: Town of Vail From: Jim Akin, General Managerl); . ikon 7[- D December 11, 2009 Projects UkiVA-9 The following unit Remodels have been approved by the Architectural Review Committee of Northwoods Condominium Association: Individual Owner Projects: Unit A-9 First Floor - ground level - Enlarge master bedroom by 55.5 sq. feet G.C.E. Add sliding glass doors in master bedroom Add wood floors to master bedroom Replacement of windows to meet Northwoods standards Second Floor - Enlarge living room by 63 sq. feet G.C.E. Add a four foot deck full length of the unit Replacement of windows to meet Northwoods standards Approvals of these projects are conditional on the owners following the Procedures for Approval of Architectural Changes Requested by Owners established by the Association. Beth Levine Architect, Inc. Beth Levine Architect, Inc. P.O. 1825 Avon, CO 81620 (970) 926-4993(P) (970) 926-2993(F) TRANSMITTAL Date: Z . I I , TO: FROM: eth Levine RE: INCLUSIVE: I~ J NOTE: lb z~ lb .7v 4 .e (j i QFIC 1 7 2009 TOWN OF VAIL CA-11~ 51),-1, ~-c?) ~4 -5 COPY: t Y. AIM Land Title Guarantee Compare E (Q~ [E V El CUSTOMER DISTRIBUTION DEC Land Tale 1 2009 GUARANTEE COMPANY TC~~,~4r VAI1 Date: 12-02-2009 Our Order Number: V50027329 Property Address: UNIT 9, BUILDING A, NORTHWOODS CONDOMINIUM VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below. For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 BETH LEVINE PO BOX 1825 AVON, CO 81620 Phone: 970-926-4993 Copies: 1 EMail: beth@bethlevinearchitect.com Linked Commitment Delivery E t Land Title Guarantee Company Date: 12-02-2009 GUARANTEE .dARANTENTEE Tl COMPANY llNY Our Order Number: V50027329 Property Address: UNIT 9, BUILDING A, NORTHWOODS CONDOMINIUM VAIL, CO 81657 Buyer/Borrower: MELITA MONICA ESPEJO Seller/Owner: MELITA MONICA ESPEJO Need .a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for owecnons to anv of our 54 omce iocauons. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 Pow COWZA= 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY Land Title INVOICE GUARANTEE COMPANY Owner: MELITA MONICA ESPEJO Property Address: UNIT 9, BUILDING A, NORTHWOODS CONDOMINIUM VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50027329 December 02, 2009 -CHARGES- TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50027329 Schedule A Cust. Ref.: Property Address: UNIT 9, BUILDING A, NORTHWOODS CONDOMINIUM VAIL, CO 81657 1. Effective Date: November 23, 2009 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: MELT TA MONICA ESPEJO 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: MELITA MONICA ESPEJO 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT A-9 AND PARKING UNITS AP-20 AND AP-21, BUILDING A, NORTHWOODS CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP THEREOF, RECORDED SEPTEMBER 23, 2004 UNDER RECEPTION NO. 892002 AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED DECEMBER 23, 1975 IN BOOK 243 AT PAGE 810 OF SUCH RECORDS, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50027329 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50027329 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching to the subsequent effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency tha may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1905 IN BOOK 48 AT PAGE 511. 9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 17, 1965, IN BOOK 187 AT PAGE 515. 10. CROSS EASEMENT AGREEMENT DATED AUGUST 21, 1974 BETWEEN VAIL ASSOCIATES, INC., A COLORADO CORPORATION AND VAIL METROPOLITAN RECREATION DISTRICT RECORDED DECEMBER 23, 1975 IN BOOK 243 AT PAGE 809, AS IT MAY AFFECT A PORTION OF SUBJECT PROPERTY. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50027329 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 11. EASEMENT AND RIGHT OF WAY FOR ELECTRIC LINES PURPOSES GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, BY VAIL ASSOCIATES, INC., A COLORADO CORPORATION AND NORTHWOODS CONDOMINIUM ASSOCITATION, A COLORADO NON-PROFIT CORPORATION BY INSTRUMENT RECORDED MAY 9, 1979 IN BOOK 285 AT PAGE 253. 12. DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MARCH 10, 2006, UNDER RECEPTION NO. 200606086. 13. PERPETUAL EXCLUSIVE EASEMENT DEED RECORDED MARCH 10, 2006 UNDER RECEPTION NO. 200606088 AND UNDER RECEPTION NO. 200606087. 14. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED APRIL 11, 2007 AT RECEPTION NO. 200709376. 15. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 23, 1975, IN BOOK 243 AT PAGE 810, FIRST SUPPLEMENT RECORDED FEBRUARY 16, 1977 IN BOOK 252 AT PAGE 581, SECOND SUPPLEMENT RECORDED DECEMBER 6, 1977 IN BOOK 263 AT PAGE 304, THIRD SUPPLEMENT RECORDED MARCH 14, 1979 IN BOOK 282 AT PAGE AND FOURTH SUPPLEMENT RECORDED DECEMBER 13, 1979 IN BOOK 295 AT PAGE 904 AND RESOLUTION RECORDED SEPTEMBER 23, 2004 UNDER RECEPTION NO. 892001. 16. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP OF NORTHWOODS CONDOMINIUMS DECEMBER 23, 1975 IN BOOK 243 AT PAGE 811 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 23, 2004 UNDER RECEPTION NO. 892002. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50027329 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 17. DEED OF TRUST DATED JANUARY 07, 2005, FROM MELITA MONICA ESPEJO TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM OF $475,000.00 RECORDED JANUARY 11, 2005, UNDER RECEPTION NO. 903154. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Fozm DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company July 1, 2001 We recognize an d res ct the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that makingg you aware of how we use your non-public personal information ("Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reseve the right to change this Privacy Statement from ti me to tun e n co sistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services tieing performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to a ents, brokers or representatives to provide you with services you have requested; * to a contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition we will disclose your Personal Information when you direct or dive as permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We so may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Foin PRIV.POL.CHI NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Tide Guarantee Company, a Colorado corporation and Meridian Land Tide, LLC, d/b/a Land Tide Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1 Commitment to Insure ALTA Conmitn nt - 2006 Rev. CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein cased the Company for a valuable consideration, cmnnits to issue its poky or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest in the land desafied or referred to in Schedule A, upon payment of the premiums and charges and compliance with the real it ; as subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Conrnrtrnent shag be effective our when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. AN liability and obligation under this cemmiltmemt shag cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provident that the failure to issue Rich policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term 'mertgage", when used herein, shag include deed of frost, frost deed, or other security imstrunment. 2. If the proposed Insured has or acquires actual i xivvledge of any defect, fen, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shag fag to disclose such knowledge to Company in writing, the Company shag be refried from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejuuiced by failure to so disclose such Imowledge. If the p reposed Insured shag disclose such Imowledge to the Company, or if the Company otherwise acquires actual Imowledge of any such defect, lien, encumbrance, adverse claim or other matter. the Company at its option may amend Schedule B of this Commitment accw&*, but such amendment shag not relieve the Company from liability previously marred pursuant to paragraph 3 of these Conditions and Stipulations. 3. babity of the Company under this Commitment shag be only to the named proposed bsu ied and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon it uudertalnlng in good faith (a) to comply with the requieneuts hereof or (b) to eliminate exception shown in Schedule B, or (c) to acquire or create the estate or Merest or mortgage thereon covered by this Commitment. In w eves shag such liability exceed the amours stated in Schedule A for the policy or poicies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a pmt of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the addition of title. Any action or actions or rights of action that the proposed Insured may have or may brig against the Company ansig out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. Notwithstanding anything to the antrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6117106) or ALTA Loan Policy (6117106), the policy may not contain an arbitration dance, or the tams of the arbitration danger may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shag be arbitrated at the option of either the Company of the Insured as the exclusive remedy of the parties. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Sttpuilabors and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or daps of parties in possession not shown by the pubic records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, anflicts in boundary fines, shortage in area, encroachments, and any facts which a correct survey and Inspection of the premises would disclose and which are net shown by the pubic records. 4. Any men, or right to a fen, for services, labor or material theretofore or hereafter furnished, imposed by haw and not shown by the pubic records. 5. Defects, bens, encumbrances, adverse claims or other matters, 9 any, created, first appearing in the pubic records or attaching subsequent to the effective date hereof but prior to the date the proposed insured aquires of record for value the estate or interest or mortgage thereon covered by this Cowen rent. IN WITNESS WHEREOF, Chicago Title Insurance Company has cased its corporate name and seal to be affixed by its duly authorized offices on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Authorized Officer or Aged CC.CHI.O6 CHICAGO TITLE INSURANCE COMPANY S\NSU> ~0 ; O ~ President U SEAL - Am-t,-y-