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Home My WebLink AboutDRB110140�1�1.��1'-'i C�wEL��i_�- ��i � r� I��i �� r��l ��TI � �I F� F�1�1 �� rtrr��r�t �f ��r�r�� r�i�� I��r��r�� .� �� Fr�r�t�� F�� i I� ��I �r�� 1�.�� I: ��.��.�1�� f��; ��,��.��.�� ; ��r�.��i I��, ��r�n Project Name: ROW HOUSE UNITS 13/14 REROOF Project Description: Participants: DRB Number: DR6110140 REPLACE EXISTING TAR AND GRAVEL ROOF WITH SLATE GRAY COLORED "DRY-IN DAVINCI SLATE CLASSIC". OWNER VAIL RETREAT LLC 05/10/2011 Phone: 619-886-2387 9901 COVINGTON CROSS DRIVE STE 190 LAS VEGAS NV 89144 APPLICANT INNOVATION DESIGN 05/10/2011 Phone: 619-886-2387 ATTN : SHAN NA KELLOGG 3639 MIDWAY DRIVE 6322 SAN DIEGO CA 92110 CONTRACTOR PLATH CONSTRUCTION, INC 05/09/2011 Phone: 970-328-5515 PO BOX 3367 EAGLE CO 81631 License: C000003109 Project Address: 303 GORE CREEK DR VAIL UNITS 13 AND 14 (AKA 1 AND 2) Location: Legal Description: Lot: 7 Block: 5 Subdivision: VAIL ROWHOUSE Parcel Number: 2101-082-3100-1 2101-082-3101-2 Comments: Motion By: Second By: Vote: Conditions: BOARD/STAFF ACTION Action: STAFFAPP Date of Approval: 05/10/2011 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. Planner: Bill Gibson DRB Fee Paid: $20.00 Apr 11 11 09:43p Innovative design studio � 9495027613 p.1 .�._ ...., .:.,-�::::,: - ,. . ,,:.. �.,. .....: -:<;:� - - `:,_�;;:=, :,.:.,,,:,. . ,:;� �f:: - ��i�r,. _ . - - - `fi- _ . - • - .. 'i' . - � f �F.'��,.. � ' l5epartment, bf� �d'lrim�rnity�':d�ev�lopment��; ; , }� ' �; }�, ��;'�t � ��'` '�,.; � .� � 75 South Frontage Roati� , .. , . . 4 -�, . "��;3� t 1�ail;aC�olorac�o� �.'f� ; � , �. :,��.F� • � �,y�ei��9�A�t�;�� , - � �, � � . � � �'.o�.� � 'r'. ' y �,�� :. � ';'� �Ai# �' � �� f . V1� 't .i: -r.r . .f=.� . y,��-.:n � . - - ,��e� �. � ��, � _ .., - - . , - De�e .ov�aen�`� "� y.�� . . ,� �TI.�GWl.d!_. �y • b �( tYNl�lXfi9RlYi�fl�a:..a! °_��5,.�'� y �" ._.._ .ti . . �"i e4ppiication f�r De�ign F�eview Minor Exterior Atteration General Informatton: This appfication is required for all proposals involving minor changes to buildings and sfte Im- provements, such as roofing, painting, window additions, landscaping, fences, retain3ng walls, etc. Applicable Vail Town Code sections can be found at v�t��b�.�r�il!��►i.�+ev� under Vaii Information — Town Code Online. Ait projects re- qulring deslgn review must recelve approval prior ta submitting a building permit applicatlon. An appllcation for Design Review cannot be accepted unlil afl required inforrnatlon Is received by the Community Deveiopment Department, as outl+ned in the submittal requirements. The project may also need to be reviewed by the Town Council and/ar the Plan- ning and Environmental Commisslon. Design review approval expires one year from the date of approval, unless a building permit is Issued and construction commences, Fee: $�50 for Mufti-Family/Commerclal $20 for Singie FarnilyJDuplex � Single Family Duplex Multi-Family Commercia! Description of the Request: ��P�ace existing Tar and Gravel Roof with "Dry-{n DaVinci �L,�,� Classic" Color. Slafe Gray Rhyszcal Address: 303 Gore Creek Qrive Unit #'13 & Unit #14 -- Vail, Colorado 81657 Parcal Nutttber: 2101.082.39.011 & 2101.082.31.012 �Contact Eagle Co. Assessor at 97 €e�� VAIL RETREAT LLC �'�' � ' Property Owner: _ � � i;'' Mailing Address• 9901 COVINGTON CROSS ORfVE STE 19D LAS VEGAS, NV. 89'I44 � ^ • e A Owner's Signature: Phnne: 702.2402655 Primary ContactJ Owner Represen�ati� �NNOVATIVE pESIGN 1 SHANNA KELLOGG Mailing Address: 3639 MIDWAY DRIVE B322 SAN DIEGO, CA. 92110 E-Mail• sk@innovativedesignsFudio.com Ahone• 619.886.2387 Fax: �88-983_9355 TOWN OF VAIL For Office Use Only: Cash_ CC: Uisa / MC Last 4 CC # Exp. Date: �1uth # Checfc #��_ Fee Pald: v� -O[� Received From: _+�� re-1 Meeiang Date• DRS No.• �Q..� � � � 1�i � Planner: ��! Project No: _��3 �\— d �'�j� Zoning: Land Use: LocationoftheProposal: Lot:�_Block:�,Subdivision: �1��l�.ir�C-,E.��,�(9,� oia�„-i i Ptmunt Account: R009531 i n Parccl Numbcr 2 I 01 -082-3 I-0 I I Tax Area SC I 03 - VAIL (fOWN) - SCi03 Situs Address 000303 GORF CREEK DR k i Lcgnl Summary Subdi�sion: OG�ESBY/STOREI' CONDOS Un�t: i 8K-03 I 5 PG-0255 DEED 04-30-80 BK-0480 PG-03 I 3 WD 02- I 6-88 BK-0495 PG-0376 QCD i 0-27-88 R692 I 53 SWD 03- �'-99 R752872 QGD 03- I 5-0 I R795251 MAr' OS-IO-02 Transfcrs S�le Price • •• •�• . •�• • •�• • Photo • � IDJ24/30 10:25 AM 4wner Informateon Assessment liistorv Orrncr Namc VAIL REfRPAT LLC Actual (201 0) $3,400,440 Or�ner Address 9901 Pnrtury Taxable $270,670 GOVWGTON GRO55 DRSTE 190 Tax Arca: SC103 Mdl Lcvy: 44.2270 LAS VEG/5, NV 891 44 Type Actwl Assessed Acres SaFT Improvements $2,992,390 $238, I 90 Land $408,050 $32,480 O.C66 2 103.000 Sale Dnte I 2123/200d OS! I 3/2002 I iil0/'992 09/20/ ! 97 i �� , � � ' � :,e5y.. .•1�`# '; � ,, k� .. " �,�,,,� ,�"°';y�� .: �. ��`.�� ,� �i'..t� :�} �� ; �. � r'!t 1'�� •'� r_ ... . �4 � � _� � . �, � ��. _. ��' - .. ._ . -1 �'�n�,�"�'� ..��. Recept�on Number 200827462 M-795477 Book Page ' • I - •: http:!/p�opertY.eaglemurrty.us/assessor/tazweb/a¢ount.jsp?aomuntNUm=R009531 Page 1 of 1 Your Standard Blend �-: _ __ ,� „�. __�__ ._.._n , _,.�. , _ _ : __ - ._ _ . _ _: . : , _ , - � �- -�., ti � .�.. _ _�,._ _._ e.. . � _.. . ,�� -._:_ - . _ � r: . .� � �:` � . , . >: .; � _ . � � . �_ � � �—+..._ � �'�. ..- _ f . ,.. . . .. ��. . R �: �� , . . .,.� . �f �,«,� �. - . .d� . ._ . n ��' � ' {�='" �: ` , . ��+e�s ; � X x _ -- . _ , ��. . _ . , — _ _.: .___-_ *. _.. _,, ,�. _ -. � -. - .� _. - _'.. . . = . , .�ey�' � , ,,.- -, . � . > _., , - . . w�.. • _ ,� "-- ,,, -.�. _ , , ,.,.- Material: Slate Product: Multi-Width DaVinci Blend chosen: 1. Slate Gray . r � r ' °�-4 �."`,. �' i� ., �r;". �"� � � ' ��..��.� .. ,. ,. <_ _ ._... _ '¢tiy��++�I�I�'"v`.�W+ "� 'Colors are as accurate as technology allows. Please make final selection from actual shingles. ""Bellafort� utilizes our proprietary Vari8lend technology. See Color Designer FAQ for explanation on color process. davinciroofscapes.com - 800-328-4624 PROPOSED MATERIALS Buildina Materials Tvpe of Material Color Roof Dry-In DaVinci S�-�i�.Classic Slate Gray 5iding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Raiis Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. f:\cdev\formslpermitslPlanninglDR6\DRB_Minor Exterior Alteration_010111 �r �� SUBMITTAL OF DRB APPUCATION FOR DESIGN REVIEW MINOR EXTERIOR ALTERATION SUBMITTAL DEADLINE: MAY 9TH, 20ll J J J J J J J J J J J J J PLEASE FIND T11E FOLLOWING ITEMS INCLUDED IN ThIS PACKAGE 'APPLICATION FOR DESIGN REVIEW -�- MINOR EXTERIOR ALTERATION INCCUDED �� I�:; 1 � v�-Pl �� !;'�: �',_;r�E�;.'� 'APPLICATION FEE $20 FOR SINGLE FAMILY/DUPLEX TBS !�: i�.� ,.. .�, i ._., �. .;,_rr� � �i��d�:_ ._ i� . _ .: 'PROJECT NARRATIVE DESCRIBING TI1E BACKGROUND, PURPOSE AND DETAILS OF PROPOSAL INCLUDED -� f' v!�,� ��I�:%f' P � �"�:1ED 'TITLE REPORT, INCLUDING SCt1EDULES A� B INGLUDED � �° i �` i?�" � T'�C'�1''G JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER NON-APPLICABLE-- � ,. . '�`1'= r'!i�" _ . �' � r, . , -?,- a ��^.�, __ ;F'��l'� r' . ."��11 G 'F!_�;<. " I.� �h.�, !' , � ;�'r ^ � ,� � =`�d , `��Il � �� . ' ` t f�_`_-F�E Trt "JOINT PROPERTYOWNfR WR/TTENAPPROI/AL LfTTER" �� I�I�T __ _: �_�'=. [ C UTILITY APPROVAL AND VERIFICATION FORM NON-APPLICABLf � P '<:?P `D �P�J� h'i' ;=P:/FfJT� "1"O Fkl �1"�N:: i�illl.l�ii�� = E-;. PLANS-�TIiREE SETS --- ro iNC�u�E: rir�E, TOPO. SURVEY, SITE, LANDSCAPE, ELEV., FL. PL., d EXT. LGHTG. PL. NON-APPUGABLE� P�'; "F'OP��, P:: tiGLI t;��J.:�� ': fk :'I ;-�?!?i . JF',_ _� G'Ff✓�O`;�� d^;EF�II „ �):7r;�PiIY GROSS RESIDENTIAL FLOOR AREA CALCULATIONS NON-APPLICABLE � F C� � �� i�C[ ' ,� t�a'�'Sl"INC- ST�UC�URE � K_EP✓�OVE f F'tFLaCE KOOF r?�;U' SITE DEVELOPMENT STANDARDS CALCULATIONS NONAPPLICABLf - P, t'F'��f' �D ACl I',, � i�,�,� _:TF'i_i�_''�lf?� -_ k,[:PJUVf: 3°FPLA�.0 FC)O� pNLY 'EXTERIOR BUILDIN6 MATERIALS LIST INCLUDED �; � T�<�_Cri D�' I��.L`r � � _�OF "EXTERIOR COLOR, MATERIAL SAMPLES AND SPECIFICATIONS INCLUDED F �.�"Ci� -E ,, � >Fiti --- `-�l� F�CIF"�� T� �'d S :�il.'r' �i �' F ')i:�l 'PhOTOS OF THE EXISTING 51TE AND ADJACENT STRUCTURES ��tfL PLS./NCLUDf "'` , ,'�'_ , ' r t�t � � J� �, �� ., � .;�'-� I '��_�� i ,:;..-I =%_ _;_; . `�',.'i F .I"?�, r:L L'�, '•� ��„�r�l � �;);;)F' �� ► �1 ._.._� . r �� MINOR EXTERIOR ALTEfZATION REQUEST: f I��.C� t�'��:13"�If' I`-.�Z <-�� "I`:l .-"��Y� F � ��F �:'✓I�� ri ORY' lN DAl/INCI C[ ASSIC ROOf - SLATE GRAY PROPERTY ADDRESS: NEIGhBOR1100D: �%��i� �ouvriousr � � . �� :F-,� r � �f�n�r � �� n r�;. .! 3 ,� �r � .-r '�I�. �_;`_�I:)k.��, �,�J_. APN'S: �c � .z_��.o� � ��u�.o3�a� o��: PROPERTY OWNER: ii_ ��,-; �,f �a,� i_ i_c 99C t COVIPIGTO(�I CROSS DK, 5TE LAS VEGAS, �l�'. 89 ! =4 70?_.2�0.?655 PROPERTY USE CODE: �:Fsinet�riai OWNER REPRESENTATIVE: r�,i��,�;:-:;i i��F= nE�icr� ! srir�r�rdA �;�i.i_oc:... I 90 36�G fv11D�1'AY DKIVE B3� 2 SAhI DIEGO. CA 92 I � 0 C:: 619.8g6.238? � F: g�3�.9t33.°355 PROPERTY LEGAL DESCRIPTION: JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER: l' � i.`,"! .I��IY '1>�, '�^1 � , r'. I„ �._�T �=A I . :,P�, ��:!:�I+r ;i=- Sfl A FC' �'� .NLh;.`'i!',��. Dl!FLEX. i:ONC�OM�NIUM OR I�"ULTI- Tf'�lAP1T P.II`�If.i-',. r 1 �;_ ._ frlf'- 'JO/NrPlZOPf�QTYDWNfl�'WRITTfNAPPKOI/ALLfTTFR°I'� NC?Pd-A°PLIGA6LE .� Pf��JECT DESCI�IPTI�N �I�Oi�OSAL _I J � _� 303 GORE CREEK DRIVE UNITS #13 & #14 VAIL, COIORADO 81657 APPLICATION FOR DESIGN REVIEW MINOR EXTERIOR ALTERATION MEETING: JUNE 1�'�, 2011 J J J J a J J J REPLACEMENT OF EXISTING ROOF J ..t _1 T��11S TV��iN 'J�JIT LOCATED AT: 303 GO�E CP,EEK URIVE - UNIT�� # I 3�� I 4. f1AS ONE OWNER, IS NOT PART Or" AN ASSOCIATION. 511ARED ON'NERSt11P. DUPLEX. CONDOMIMUM Of? 'vIULTI-TFNA.NT P�UILDING. UPON YOUR APPROVAL WE PROPOSE TO REPLACE ThE EXISTING TAR AND GRAVEL ROOF WITt1 SUPERIOR QUAUTI' "DA VINCI" S�.S��- Tr-1E EXISTING 30 YEAR OLD ROOF OF TAR AND GRAVEL REQUIRES REPLACEMENT. Tt1E TWIN UNIT OWNERS NAVE GONE TO GREAT LENGTNS TO INSURE THE COt1ESION OF ThEIR PROPERTY, TNE VILLAGE AMBIANCE AND TNE SUR�OUNDING STRUCTURES WHEN SELECTING Tr-1E REPLACEMENT MATERIAL FOR ThEIR NEW ROOF. ThE NECESSITY OF ThE ROOF REPLACEMENT IS IMMEDIATE AND REQUIRES A SIGNIFICANT AMOUNT OF TIME AND LABOR TO ACCOMPLISh. IN ORDER TO IMPROVE TNE CNARACTER OF TNE EXISTING TWIN UNIT, WE FEEL THE DEC1510N TO CNANGE TNE EXISTING ROOF FROM TAR AND GRAVEL TO AN ENhANCED QUALITY SNAKE IS ESSENTIAL. TNE PROPOSED "DA VINCI - Sr-1AKE" IS OF hIGN STANDARDS AND QUALITY. TNE COLOR, STYLE AND MANUFACTURER SELECTED ARE IN CONTINUITY WITF1 ANOThER TWIN UNIT, WF11CH 15 PART OF ThE SAME BUILDING STRUCTURE. ThE WORK WOULD BE COMPLETED IN A TIMELY MANNER LEAST AMOUNT OF IMPACT ON NEIGI-iBORS OR BU5INESS'S. PLATr-1 R� WITh Tt1E >OFI NG IS NIGHLY RECOGNIZED AS VAIL S LEADING ROOFING COMPANY AND WITN YOUR APPROVAL ThE WORK WOULD BEGIN IMMEDIATELY AND BE COMPETED WITHIN A MONTH. THANK YOU FOR YOUR CONSIDEf�ATION AND PROMPT RESPONSE, SNANNA KELLOGG Ob+;'NERS REPRESENTATIVE ;� I� � � _-� � - - __ _�� ,...> _ _ European Blend The timeless allure of Old World heritage and centuries of nobility are captured in rich, warm grays and purples. i, i ,� � � �� Vineyard Blend A warm mosaic of earthen tans and grays accentuate the warm purples reminiscent of provincial Tuscan hillsides. Evergreen Blend Scenically inspired shades of misty gray-greens and pine greens, reminiscent of an alpine forest, make this a natural choice. zios Slate 131ack This regal, raven-pure color reflects a boldness of simpliciry, putting the final exclamation on elegance. (Sh<�wn ��°ith srr�li,rhr cc,ur�in<� ��ricm.) � � � � � � , � � .. � .; , �.., . � �---.. , _ .:..1 � . �: � � _ , _ ._� . . . �_ _ �.� _.z. _.� � � _ .�...� _ _ _�_._ _ � ___-_ �- �: , � � � _ .9.� Slate Gray Very stately, classic an ' tinguished, this popular color c in appeal and applications. (Shown with straight coursing option.) �"-- � ��A INCI � Roof.00pc � � /�ill! l.� `�;: , �. [.', {��(��/(� 11320 W. 79th St Lenexa, KS 66214 Toll-free: 800-DaVinci (328-4624) Phone: 913-599-0766 Fax: 913-599-0065 �� «�.�j:n�incir��,fticaPcs.c�,m AMERICAN LAND TITLE ASSOCIAT/ON OWNER'S POL/CY (10-17-92) Poiicy No. 72� os- 3 3 4 3 8 8 CHICAGO TITLE INSURANCE COMPANY S[Sa3BCT TO 'Tti{E EXCLUSIONS FROM COVERAGE, THE EXCEP'TIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein calfed the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Tide to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the tide; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expcnses incurred in defense of the tide, as insured, but only to the cxtent provided in the Conditions and Stipulations. !n Wirnes.r Wherenf, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of' Policy shown in Schedule A, the pulicy to become valid when countersigned by an authorized signarory. CHICAGO TITLE INSURANCE COMPANY By� �� Prasld�nt ATTEST � Secratary Reorder Form No.'8256 (Reprinted 10/00) ALTA Owner's Policy (]0-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which ar(se by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (if) the character, dimenslons or location o( any improvement now or hereafter erected on the land; (iii) a separatlon in ownership or a change in the dimensfons or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordtnances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged vtolation aifecting the land has been recorded in the public records at Date ot Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice o( the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aNecting the land has been recorded in the public records at Date of Pollcy. 2. Rights of eminent domain unless notfce of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value wlthout knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured ciaimant and not dlsclosed in writing to the Company by the insured clafmant prior to the date the insured clafmant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transactlon vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rtghts laws, that is based on: (i) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transter except where the preferential transfer resuNs from the tailure: (a) to timely record the instrument of transier; or (b) o} such recordation to impart notice to a purchaser for value or a Judgment or lien creditor. CONDITIONS AND STIPULATIONS i. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "lnsured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to ihe interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as detined in Ihis policy or any other records which impart construc- tive notice of matters affecting the land. (d) "land": ihe land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does noi include any property beyond the lines of ihe area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutling sireets, roads, avenues, alleys, lanes, ways or waterways, but noth- ing herein shall modify or limit the extent to which a right of access to and from the land is insured by ihis policy. (e) "mortgage": mortgage, deed of irust, trust deed, or other security instrument. (� "public records": records established under stato statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)�iv) of the Exclusions From Coverage, "public records" shatl also include environmental protection liens filed in the records of ihe clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter atfecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from ihe obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shali continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any iransfer or conveyance of the estate or interest. This policy shall not continue in force in favor ot any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money morigage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify ihe Company promptiy in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or dam- age for which the Company may be liable by virtue of this policy, or (iii) if titie to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to ihe Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters tor which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the righis of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPEHATE (a) Upon written request by the insured and subject to the options con- tained In Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense ot an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien orencumbrance or other matter insured against by this policy. The Company shail have the right to select counsel of its choice (subJect to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay ihe fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by lhis policy. (b) The Company shall have ihe right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be lieble hereunder, and shall not ihereby concede liabilityor waive any provision ol this policy. If the Company shall exercise its rights under this paragraph. it shall do so diligently. (c) Whenever Ihe Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, ihe Company may pursue any litigation to tinal determination by a court of competent juris- diction and expressly reserves ihe right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the delense of any action or proceeding, the insured shall secure to �he Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shatl give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or ef(ecting settlement, and (ii) in any other lawful act which in ihe opinion of ihe Company may be necessary or desirable to establish the title to ihe estate or interest as insured. If ihe Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any Iltfgation, with regard to ihe matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof ot loss or damage signed and sworn to by the insured clafmant shall be furnished to the Company within 90 days after ihe insured claimant shall ascertain ihe facis giving rise to ihe loss or damage. The prooi of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by ihis policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount ot the loss or damage. If ihe Company is prejudiced by the failure of the insured claimant to provide the required proof o( loss or damage, ihe Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proot of loss or damage. In addition, the insurad claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- able times and places as may be designated by any authorized representative of ihe Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonab�y pertain to the loss or damage. Further, if requested by any autho- rized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a third party, which reason- ably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in ihe administration of ihe claim. Failure of the insured claimant to submit for examination under oath, produce other reason- ably requested information or grant permission to secure reasonably neces- sary information from third parties as required in this paragraph shall termi- nate any liability of ihe Company under this policy as to ihat claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have ihe following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under ihis policy together with any costs, attorneys' fees and expenses incurred by ihe insured clafmant, which were authorized by ihe Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise bytheCompany of thisoption, all liability and obligations to the insured under this policy, otherihan to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in ihe name of an insured claimant any claim insured against under this policy, togetherwith any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under ihis poiicy, together with any cosis, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company �p to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either oi the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for ihe ciaimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prose- cute or conlinue any litigation. 7. DETERMINATION, EXTENT OF IIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured ciaimant who has sufiered loss or damage by reason ot matters insured against by this policy and only to the extent herein described. (a) The liability o( the Company under ihis policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difierence between the value of ihe insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured egainst by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent oi ihe value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on ihe land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in ihe proportion that the amount of insurance at Date of Policy bears to the tolal value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended tor the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses (or which the Company is liable under this policy, and shall only apply to that portion oi any loss which exceeds, in the aggregate,l0 percent of the Amount oi Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' tees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If ihe land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established a(fecting one or more of the parcets but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under ihis policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date oi Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at lhe time of the issuance of this policy and shown by an express statement or by,an endorsement attached to this policy. 9. LIMITATION OF LIA8ILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack o( a right of access to or from the land, or cures ihe claim oi unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and ihe completion of any appeals therefrom, it shall have fully periormed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event ot any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability tor loss or dam- age until ihere has been a final determination by a court of competent jurisdic- tion, and disposition o( all appeals iherefrom, adverse to the title as insured. (c) The Company shall not be tiable for loss or damage to any insured for liability voluntarily assumed by ihe insured in settling any claim or suit without the prior written consent ot the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made tor cosls, attorneys' fees and expenses, shall reduce the amount ot the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under ihis policy shali be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter ex- ecuted by an insured and which is a charge or lien on the estate or interest described or reterred to in Schedule A, and the amount so paid shall be deemed a payment under this poiicy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be turnished to the satisfaction of the Company. (b) When liability and ihe exlent ot loss or damage has been definitely tixed in accordance wilh Ihese Conditions and Stipulations, ihe loss or damage shall be payable within 30 days thereafler. . SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shali have settled and paid a claim under this policy, all right of subrogation shall vest in ihe Company unatfected by any act of the insured Claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shail transfer to the Company all ri9his and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in ihe name of the insured claimant and to use the name o( the insured claimant in any transaction or litigation involving these rights or remedies. I( a payment on account o( a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and reme- dies in ihe proportion which the Company's payment bears to the whole amount of the loss. Ii loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that partof any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Ob�igors. The Company's right of subrogation against non-insured obligors shail exist and shall include, wilhout limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide tor subroga- tion rights by reason oi this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of ihe American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out oi or relating to this policy, any service of the Company in connec- tion with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and ihe msured. Arbitra• tion pursuant to this policy and under the Rules in ef(ect on ihe date the demand for arbitration is made or, at the optio� of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of ihe state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by ihe Arbitrator(s) may be entered in any court having jurisdiction thereof. The law ot the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy ot ihe Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between ihe insured and the Com- pany. In interpreting any provision of this policy, this policy shail be construed as a whole. (b) Any claim oi loss or damage, whether or not based on neg�igence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to ihis policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon orattached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating ofiicer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision oi the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include ihat provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the �umber o( this policy and shall be addressed to the Company at the issuing office or to: Chicago Title Insurance Company Claims Department 171 North Clark Street Chicago, Illinois 60601-3294 Form AO/CHI Our Order No. V275833 Schedule A Amount $5,000,000.00 Property Address: CONDOMINIUM UNIT 1 AND CONDOMINIUM UNIT 2, OGELSBY/STOREY CONDOMINIUMS 1. Policy Date: May 14, 2002 at 5:00 P.M. 2. Name of Insured: JACK BINION AND PHYLLIS BINION 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered Uy this policy at the date hereof is vested in: JACK BINION AND PHYLLIS BINION 5. Thc land referred to in this policy is described as follows: CONDOMINIUM UNITS 1 AND 2, OGLESBY/STOREY CONDOMINIUMS ACCORDING TO THE FIRST AMENDMENT TO THE CONDOMINIUM MAP THEREOF RECORDED MAY 10, 2002 RECEPTION N0. 795251 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED MARCH 11, 1988 IN BOOK 480 AT PAGE 312, COUNTY OF EAGLE, STATE OF COLORADO. This Policy valid onIy if Schedule B is attached. Land Title Guarantee Company Representing Chicago Title Insurunce Company Form AO/CHI Our Order No. V275833 Schedule B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES AND ASSESSMENTS FOR THE YEAR 2002 AND SUBSEQUENT YEARS. 6. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED ]ULY 12, 1899, IN BOOK 48 AT PAGE 475. 7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 8. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. EASEMENT AND RIGHT OF WAY FOR SANITARY SEWER, WATER, PLUMBING, TELEPHONE, GAS AND ELECTRICAL LINE PURPOSES AS SET FORTH IN EASEMENTS RECORDED IN BOOK 185 AT PAGE 391 AND IN BOOK 185 AT PAGE 397. 10. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT RECORDED OCTOBER 03, 1963 IN BOOK 175 AT PAGE 277 AND RECORDED IN BOOK 185 AT PAGE 403. Form AO/CHI Our Order No. V275833 Schedule B LTG Policy No. CTAI275833 11. EASEMENTS, RESTRICTIONS AND RESERVATIONS AS SHOWN OR RESERVED ON THE PLAT OF VAIL VILLAGE FIRST FILING RECORDED AUGUST 6, 1962 RECEPTION NO. 96382 AND THE PLAT OF A RESUBDIVISION OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE FIRST FILING RECORDED JANUARY 9, 1963, RECEPTION NO. 96927. 12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED MARCH 11, 1988, IN BOOK 480 AT PAGE 312. 13. EASEMENTS, RESTRICTIONS AND RESERVATIONS AS SHOWN OR RESERVED ON THE FIRST AMENDMENT TO THE CONDOMINIUM MAP FOR OGLESBY/STOREY RECORDED MAY 10, 2002 RECEPTION NO. 795251. ITEMS 1 THROUGH 3 OF STANDARD EXCEPTIONS UNDER SCHEDULE B-1 ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF JACK BINION AND PHYLLIS BINION. LAND TITLE GUARANTEE COMPANY ENDORSEMENT 100.6 Case V275833 Policy CTAI275833 Loan # Property Address CONDOMINIUM UNIT 1 AND CONDOMINIUM UNIT 2, OGELSBY/STOREY CONDOMINIUMS Owner JACK BINION AND PHYLLIS BINION The Company hereby insures the Insured against loss which the Insured shall sustain by reason of any final judgment enforcing the covenants, conditions, and restrictions referred to in Schedule B, paragraph 8 based upon a violation thereof on said land, present or future. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions, and stipulations therein, except as modified by the provisions hereof. 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M`�' 2;, ,- �jy ' *T � � � � � .�-� � •- � t � �` � �� ` . . � � , r � Y . o ��.�� , � ..., ' ' , m . � ., < � P c . " ' � " .��. Y �� . `� . . � .. • � ,� � , x mw -_ '. ��. , ` , � � � . n.. � ` �� /' �:" ��p;Y�°:+.x�... *******************************************+****r******************************************* TOWN OF VAIL, COLORADO Statement ********+************************************************************+**********:*****+***** Statement Number: R110000431 Amount: $20.00 05/09/201104:20 PM Payment Method: Check Init: DR Notation: CK# 36468 ALBERTO ORTEGA ----------------------------------------------------------------------------- Permit No: DRB110140 Type: DRB-Minor A1t,SFR/DUP Parcel No: 2101-082-3100-1 Site Address: 303 GORE CREEK DR VAIL Location: UNITS 13 AND 14 (AKA 1 AND 2) Total Fees: $20.00 This Payment: $20.00 Total ALL Pmts: $20.00 Balance: $0.00 ******�*********************************+************************�************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ DR 00100003112200 DESIGN REVIEW FEES 20.00 -----------------------------------------------------------------------------