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HomeMy WebLinkAboutPEC120003 Project Name:FORD PARK IMPROVEMENTS PEC Number: PEC120003 Project Description: REQUEST FOR A VARIETY OF IMPROVEMENTS TO FORD PARK AND RELATED REQUEST TO AMEND THE FORD PARK MANAGEMENT PLAN. Participants: OWNER TOWN OF VAIL 01/30/2012 C/O FINANCE DEPT 75 S FRONTAGE RD VAIL CO 81657 APPLICANT TOWN OF VAIL 01/30/2012 C/O FINANCE DEPT 75 S FRONTAGE RD VAIL CO 81657 Project Address:841 VAIL VALLEY DR VAIL Location: FORD PARK Legal Description:Lot: Block: Subdivision: Ford Park Unplatted Parcel Number:2101-081-0000-2 Comments: BOARD/STAFF ACTION Motion By:KURZ Action: APPROVED Second By:CARTIN Vote:4-2-0 Date of Approval: 05/21/2012 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: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0012601 This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review applications. Planner:Bill Gibson PEC Fee Paid: $650.00 rowN of vaILJ F. oWF. JAN 3 0 201 D 3: 5a l-N TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970 - 479 -2128 www.vailgov.com Development Review Coordinator Conditional Use Permit Application for review by the Planning and Environmental Commission General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. The pro- posed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. All PEC approvals shall lapse if construction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee: Description of the Request: Cu ? t 4 � satire, J VZ - A k. S. '4'0 rIA^. 1141v'4 Physical Address: ' %% J �' \ �)„ ��,,,1 ���w� Q.�. M tip wit ��' � �•►� . �t'Z1olo$1 moc'L Parcel Number: D 0 '50,00 rr (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: p1AA Mailing Address: T1 s. i C IAA ZQ, Li AIL., to set (0 Owner's Signatu Phone: %41 1 12- 100 Primary Contact/ Owner Representative: ' Mailing Address ;Is LAMA St . r70.A��1`l lS V'kA,0 S �� Cr - 2. coil --Ar a lsp, =P l - �_dwwrdS., e Phone: 9 Z(.0 I S i S E -Mail: ! b! nn�6 rltjrJ A SSoCY -JCS. w M Fax: q 2-U . 1 S 7 LP For Office Use Only: Cash CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: Lb R \ y E Received From: Meeting Date: PEC No.: t \;Z OD O Planner: �- G, Project No: Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: U ro PL..ATTEQ 01 -Aug - I I \� RAu N SOCIATES, INC. LAND PLANNING & COMMUNITY DEVELOPMENT January 30, 2012 Mr. Bill Gibson, Town Planner Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Ford Park Phase I Development Plan Applications for Conditional Use Permit and Amendments to Ford Park Management Plan ' Dear Bill: Enclosed you will find submittal material for the Ford Park Phase I Development Plan; specifically these applications involve a Conditional Use Permit and an amendment to the Ford Park Management Plan. The purpose of this application is to initiate a work session level discussion with the Planning and Environmental Commission and as such all required submittal material for these two applications is not provided at this time. Material provided for this work session level discussion includes: 1. Application forms 2. Narrative explaining the proposed project 3. Conceptual Master Plan for Ford Park 4. Adjacent property owners list and envelopes We look forward to working with you on this exciting project and to introducing the project to the PEC at their February 27, 2012 meeting. Re rds, Thomas A. Braun CC: Todd Oppenheimer Opal Building • 225 Main Street • Suite G -2 • Edwards, CO 81632 970- 926 -7575 • 970- 926 -7576 fax • www.braunassociates.com D IECE0W[E FORD PARK PHASE I DEVELOPMENT PLA JAS! 3 0 2012 January 30, 2012 TOWN OF VAIL Purpose of Application and PEC Work Session Improvement plans contemplated for Ford Park will necessitate the review of a Conditional Use Permit by the Planning and Environmental Commission (PEC) and the review of amendments to the 1997 Ford Park Management Plan by the PEC and Town Council. The following "preliminary application" has been submitted in order to facilitate a work session review by the PEC. Formal applications for these two requests will be made in the coming weeks. Purpose of the work session review with the PEC is to: • Introduce project to the PEC • Provide a public forum to present initial ideas and designs of park improvements • Outline the program of improvements planned for the Park • Explain the review process, review criteria, etc. for these applications • Gain insights from any questions /comment that will assist in the preparation of the formal applications Public Initiative on Improvements to Ford Park Improvements to Ford Park have been an ongoing topic of discussion since the old Antholtz Ranch was named the Gerald R. Ford Park in 1977. A number of plans have been completed in order to define the parks future and over the past three decades many significant improvements to the Park have been made. Today Ford Park provides the community with a focal point for recreational, educational, social and cultural activity. Along with Vail Mountain, Bridge Street, Lionshead and the Gore Range; Ford Park is one of the special and unique places in Vail that defines our community. The most recent impetus for improvements to Ford Park evolved from discussions of the Town's Conference Center funding. This past fall Vail voters overwhelmingly approved the re- allocation of the $9 -plus million Conference Center Funds by an 87 percent margin. As endorsed by the voters, reallocation of a portion of these funds is to provide funding the improvements proposed for Ford Park, specifically improvements to the Ford Amphitheater as well as expansion of the fields and restroom improvements at the Ford Park athletic complex. By an overwhelming margin the Vail community has endorsed improvements to Ford Park. Ford Park Improvement Plan CUP/Amendment to Mana Plan Ford Park Stakeholders The Town of Vail is the land owner of Ford Park and plays an active role in the management and operation of the Park. The Town also has lease or other agreements with three other entities that manage and maintain facilities in the Park: • The Vail Recreation District, • The Betty Ford Alpine Gardens, and • The Vail Valley Foundation. Collectively the Town and the Ford Park stakeholders have been working collaboratively on the preparation of improvement plans for the Park and to varying degrees each of the stakeholders are collaborating with the Town by participating in the funding of their respective improvements. Improvement/Development Program The Ford Park Master Plan provided with this initial submittal (see attached) provides a conceptual plan of improvements proposed for the Park. The following is a brief summary of improvements depicted on this Plan: Landscape and Pedestrianization • Park entry • Betty Ford Way • Streamwalk, pedestrian pathways • Walkways, overlooks, signage • Tribute to Ford Family Gerald R. Ford Amphitheater • Entry/Social Courtyard • Re -design of lawn seating • Restroom improvements /expansion Athletic Fields • Re- configured fields • Bathroom and concession buildings • Maintenance and storage building • Outdoor covered public gathering area Ford Park Improvement Plan CUP /Amendment to Management Plan Betty Ford Alpine Gardens • Welcome Center • Pedestrian access Other Improvements • Covered outdoor terrace • Lower Bench restrooms • Bus shelter, parking, drop -off • Truck turn around A final and more detailed description of improvements will be provided with the formal CUP application. Applications to be Reviewed by PEC Two applications have been submitted in order to facilitate the review of improvements planned for Ford Park: Conditional Use Permit Ford Park is zoned General Use (GU) District and virtually all uses in this zone district are "conditional uses ". All proposed improvements are consistent with the conditional uses permitted by this zone district. Development standards in the GU district are to be established by the PEC. The Conditional Use process requires submittal of a "Development Plan" and this process includes submittal of detailed architecture, site, landscape and engineering plans. This information will be provided in the coming weeks and will provide much of the basis for the PEC's review of this project. Management Plan Amendment The Ford Park Master Plan was adopted in 1985 and in 1997 this plan was amended with the adoption of the Ford Park Management Plan. The Management Plan "sets forth six management goals with accompanying objectives, action steps, and policy statements to provide a framework for future management decisions ". Conceptual plans and written descriptions of these potential park improvements are also included in this Plan. With one exception all improvements proposed for Ford Park are consistent with the goals, objectives, action steps and policies of the Management Plan. As such, these improvements could be reviewed without the need to amend this Plan. The one exception is the current plans Ford Park Improvement Plan CUP /Amendment to Management Plan for an Alpine Garden "welcome center" building to be located on the upper bench of Ford Park. The Management Plan depicts a building for the Alpine Garden to be located near the soccer field, outside of Ford Park. Locating this building within Ford Park necessitate an amendment to the Management Plan. Details on the amendment to this Plan will be provided in the coming weeks. The focus of this amendment will be on the re- location of the Alpine Garden building and will not involve a comprehensive evaluation and amendment to all elements of the Plan. That said, it is anticipated that some additional minor refinements will be proposed. Project Phasing Proposed improvements will be done over time with initial construction scheduled to begin in late summer of 2012. While more detail on project phasing will be provided during the formal review of the CUP for the project, the following Phase I and Phase II improvements are contemplated to include: Phase I/Construction initiated in 2012 /completed in 2013 • Enlargement of multi - purpose sport fields • Improvements to Gerald R. Ford Amphitheater Phase UConstruction initiated in 2013 • Betty Ford Way and other pedestrian circulation improvements (park entry, landscaping, streamwalk/overlooks, lighting, signage, etc.) • Maintenance/bathroom buildings, Park Center buildings • Parkingibus drop -off facilities • Loading/access improvements Phase II (timing to be determined) Betty Ford Alpine Garden Welcome Center is expected to be a Phase II project. The timeframe for construction of this building has not been established. • Covered outdoor terrace on lower bench • Ford Family Tribute It should be noted that the phasing plan for improvements to Ford Park is still under development and subject to ongoing study and refinement. Project costs, availability of funding, construction schedules, and strategies for minimizing construction impacts on existing uses in the Park will influence final phasing plans for this improvement project. Ford Park Improvement Plan CUP /Amendment to Management Plan Project Schedule/Next Steps Over the course of the next few weeks the design team assembled by the Town and stakeholders will be refining the improvement program and preparing detailed plans in accordance with the Conditional Use Permit process. Town Staff and the design team will be meeting with the Town Council during this process and a community open house will be held to share improvement plans with the public. It is anticipated that proposed amendments to the Management Plan will be submitted in the next few weeks and that all requirements for the CUP review (i.e. development plan) will be submitted in March or April. Project goals are to obtain all necessary town approvals by last spring/early summer and to initiate construction in late summer /early fall. Ford Park Improvement Plan CUP /Amendment to Management Plan Adjacent Owner's List for Ford Park 1.26.12 Manor Vail Lodge c/o Amy Wentworth 595 E. Vail Valley Drive Vail, CO 81657 Town of Vail Right of Way Town of Vail 75 S. Frontage Road Vail, CO 81657 Don E. Ackerman Trust 525 William Penn PI Ste 1315 Pittsburgh, PA 15259 Diane Gamel Lighthall 5455 Lakeshore Dr. Littleton, CO 80123 -1542 Colorado Department of Transportation 222 South 6 Street, Room 317 Grand Junction, CO 81501 Vail Corp c/o Fixed Assets Department 390 Interlocken Crescent Ste 1000 Broomfield, CO 80021 Wren Assoc c/o Derik or Todd 500 S Frontage Rd Suite 116 Vail, CO 81657 Northwoods Condominium Association ATTN: Scott Martin PO Box 1231 Vail, CO 81657 Pinos Del Norte HOA ATTN: Xavier Olazabal PO Box 69 Vail, CO 81657 rn c .w �5 D9 I(I X, r is I 0 X i E o rj �tl ►'S rJ E I W E E� E� E H . ' N n N �! CD rt 9 r a �E r ti I r Land Title Guarantee Company CUSTOMER DISTRIBUTION l and Titl GUARANTEE COMPANY N N W. I i G C. C OM Date: 01 -27 -2012 Our Order Number: V50014566 Property Address: 841 VAIL VALLEY DR. AKA FORD PARK VAIL, CO 81657 ff you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4534 EMail: eaglecountyrequests@]tgc.com TOWN OF VAIL 75 S. FRONTAGE RD. VAIL, CO 81657 Attn: TODD OPPEHNEIMER EMail: toppenheimer @vailgov.com Linked Commitment Delivery I" Land Title Guarantee Company Date: 01 -27 -2012 L and Titl Our Order Number: V50014566 GUARANTEE COMPANY www.LTCC.COM Property Address: 841 VAIL VALLEY DR. AKA FORD PARK VAIL, CO 81657 Buyer /Borrower: TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION Seller /Owner: TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION Need . a map or directions for your upcoming closing? Check out Land Title's web site at www.itgc.com for directions to anv of our 54 ornce location. ESTIMATE OF TITLE FEES ALTA Owners Policy 06 -17 -06 TBD If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $0.00 Pow CONTACT 06/o4 THANK YOU FOR YOUR ORDER! First American Title Insurance Company ALTA COMMITMENT Our Order No. V50014566 Schedule A Cust. Ref.: Property Address: 841 VAIL VALLEY DR. AKA FORD PARK VAIL, CO 81657 1. Effective Date: January 20, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06 -17 -06 Proposed Insured: TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION $0.00 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: TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: V50014566 LEGAL DESCRIPTION A PARCEL OF LAND SITUATE, LYING, AND BEING IN THE COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE SOUTH 00 DEGREES 01 MINUTES 06 SECONDS EAST AND ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 583.82 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO. 70, THENCE CONTINUING ALONG THE AFORESAID COURSE 347.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE AFORESAID COURSE 118.33 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF VAIL VILLAGE, SEVENTH FILING; THENCE ALONG THE SINOUSITY OF SAID NORTHERLY LINE; S 74 DEGREES 03 MINUTES 32 SECONDS EAST, 297.79 FEET; SOUTH 19 DEGREES 57 MINUTES 03 SECONDS EAST, 455.47 FEET; SOUTH 40 DEGREES 47 MINUTES 03 SECONDS EAST, 171.46 FEET; SOUTH 58 DEGREES 51 MINUTES 34 SECONDS EAST, 206.78 FEET; SOUTH 82 DEGREES 25 MINUTES 03 SECONDS EAST, 179.91 FEET; NORTH 75 DEGREES 32 MINUTES 26 SECONDS EAST, 201.18 FEET; NORTH 66 DEGREES 20 MINUTES 56 SECONDS EAST, 581.89 FEET, NORTH 68 DEGREES 32 MINUTES 31 SECONDS EAST, 861.23 FEET; NORTH 72 DEGREES 29 MINUTES 19 SECONDS EAST, 223.43 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID SECTION; THENCE NORTH 02 DEGREES 30 MINUTES 30 SECONDS EAST AND ALONG SAID EAST LINE 267.62 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5923.00 FEET, A CENTRAL ANGLE OF 20 DEGREES 21 MINUTES 20 SECONDS, AN ARC DISTANCE OF 1070.51 FEET TO A POINT OF TANGENT (THE CHORD OF SAID CURVE BEARS SOUTH 88 DEGREES 14 MINUTES 25 SECONDS WEST A DISTANCE OF 1069.02 FEET); THENCE NORTH 79 DEGREES 45 MINUTES 29 SECONDS WEST AND ALONG SAID SOUTHERLY RIGHT OF WAY 227.00 FEET TO A POINT OF CURVE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5900.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 22 MINUTES 00 SECONDS, AN ARC DISTANCE OF 1067.50 FEET TO A POINT OF TANGENT; (THE CHORD OF SAID CURVE BEARS NORTH 78 DEGREES 53 MINUTES 39 SECONDS WEST A DISTANCE OF 1066.10 FEET); THENCE NORTH 71 DEGREES 38 MINUTES 54 SECONDS WEST AND ALONG SAID TANGENT AND ALONG SAID SOUTHERLY RIGHT OF WAY 124.00 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 06 SECONDS EAST, 284.59 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 54 SECONDS WEST, 189.81 FEET TO THE TRUE POINT OF BEGINNING. NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. ALTA COMMITMENT Schedule B - Section I (Requirements) Our Order No. V50014566 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. V50014566 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 subsequent to the 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. Any and all unpaid taxes, assessments and unredeemed tax sales. 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. EXISTING LEASES AND TENANCIES, IF ANY. 9. 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 MAY 20, 1905, IN BOOK 48 AT PAGE 511. 10. 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. 11. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT WITH VAIL WATER & SANITATION DISTRICT RECORDED SEPTEMBER 16, 1982 IN BOOK 345 AT PAGE 970. 12. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED OCTOBER 13, 1982, IN BOOK 347 AT PAGE 189. 13. TERMS, CONDITIONS AND PROVISIONS OF MUNICIPAL LEASE AND OPTION AGREEMENT ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50014566 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: RECORDED APRIL 25, 1990 IN BOOK 527 AT PAGE 522. 14. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 15, 2002 AT RECEPTION NO. 782778. 15. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 15, 2002 AT RECEPTION NO. 782779. 16. EASEMENT AND RIGHT OF WAY FOR GORE CREEEK. 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 DDue 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 Relations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all mat ers which appear of record prior to the time o 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 Eand Title Guarantee Company conducts the closing of the insured transaction and is responsible for recordin$ 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 rotection 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. Q The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanics and material -men's liens. D The Company must receive payment of the appropriate premium. E If there has been construction, improvements or mayor 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 alter 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 poli cy 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, ggas, other minerals, or geothermal energyy in the propperty; and B) That such mineral estate may incrude the right to enter and use the property without tFie surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attemp�ng to defraud the policyyholder or claimant with regard to a settiemwnt or award payable from insurance proceeds shall be reported to ttie Colorado division of insurance within the department of regulatory agencies. 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 satis red. DISQASURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. W EBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com 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 Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d /b /a Land Title 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 PP.IV.POL.LIG.l TOWN OF VAIL' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on February 27, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for amendments to the Ford Park Management Plan, to allow for the construction of various improvements at Ford Park (realignment of athletic fields, new restroom and concession buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements, jc(\ etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120006) a \P Applicant: Town of Vail t: Planner: Bill Gibson A request for the review of amendments to a conditional use permit, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at Ford Park (realignment of athletic fields, new restroom and 411/ concession buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park entrance improvements, Betty Ford Alpine Garden welcome center, jet \\ ( : treetscape improvements, etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120003) 9 \l� I Applicant: Town of Vail co Planner: Bill Gibson A report to the Planning and Environmental Commission of an administrative action approving a request for an amendment to a conditional use permit, pursuant to Sections 12 -9C -3, Conditional Uses, and 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the temporary relocation of the Vail Public Library to Dobson Ice Arena, located at 321 East Lionshead Circle, part of Lot 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto (PEC120005). Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell A request for a recommendation to the Vail Town Council for a proposed text amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Section 12- 7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12 -71 -3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to reestablish "temporary business offices "as a conditional use in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, and setting forth details in regard thereto (PEC120007). Applicant: Town of Vail Planner: Warren Campbell