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Home My WebLink AboutDRB120071 Project Name:GRAHAM EXPANSION DRB Number: DRB120071 Project Description: EXPANSION OF GRFA, ENCLOSURE OF EXISTING BALCONY AREAS AND EXTENSION OF NEW BALCONY AREAS. ALL WINDOWS, DOORS AND EXTERIOR FINISHES AND DETAILS ARE DESIGNED TO MATCH EXISITNG. Participants: OWNER GRAHAM, RICHARD & KIMBERLY 03/26/2012 4 BROOK LN PAOLI PA 19301 APPLICANT GRAHAM, RICHARD & KIMBERLY 03/26/2012 4 BROOK LN PAOLI PA 19301 ARCHITECT VICTOR MARK DONALDSON ARCHIT 03/26/2012 Phone: 970-949-5200 0048 BEAVER CREEK BLVD, STE 207 PO BOX 5300 AVON CO 81620 License: C000002070 Project Address:123 WILLOW PL VAILLocation: SUMMERS LODGE UNIT 3 Legal Description:Lot: 5 Block: Subdivision: SUMMERS LODGE CONDO Parcel Number:2101-082-5900-3 Comments:See conditions BOARD/STAFF ACTION Motion By:Maio Action: APPROVED Second By:Kjesbo Vote:4-0-1 (DuBois recused) Date of Approval: 04/19/2012 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: 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: CON0012531 1.The applicant shall install simulated divided light windows on the upper windows on the west elevation that match the profile of the existing windows in the building. Planner: DRB Fee Paid: $250.00 Department of Community Development 0 75 South Frontage Road TOWN OF VAIL Vail, CO 81657 Tel: 970 - 479 -2128 www.vailgov.com Development Review Coordinator Application for Design Review Minor Exterior Alteration General Information: This application is required for all proposals involving minor changes to buildings and site improve- ments, such as roofing, painting, window additions, landscaping, fences, retaining walls, etc. Applicable Vail Town Code sections can be found at www.vailoov.com under Vail Information — Town Code Online. All projects requiring de- sign review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and /or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building per- mit is issued and construction commences. Fee: $250 for Multi - Family /Commercial $20 for Single Family /Duplex Single Family Duplex ✓ Multi - Family Commercial Description of the Request: Expansion of GRFA, enclosure of existing balcony areas and extension of new balcony areas. All windows, doors and exterior finishes and details are designed to match existing. Physical Address: 123 Willow Place Unit #3, Vail, CO Parcel Number: 210108259003 (1 Property Owner: Richard Graham & Kimberly Graham Mailing Address: Owner's Signature: ntact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Phone: 610 613 -3202 Primary Contact/ Owner Representative: Mark Donaldson or Chris Juergens/VMDA Mailing Address: PO Box 5300 Avon, CO 81620 E -Mail: markd @vmda.com Phone: 9 70 949 -5200 or Mark's Cell 390 -5300 Fax: 970 949 -5205 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Fee Paid: VICToF Aa50.0 Received From: na Meeting Date: Planner: Zoning: Location of the Proposal: Lot: 5 Block DRB No.: i I Project No: Land Use: Subdivision: VAIL V PLwr, Check # VAIL Mar, 19. 2012 10:11AM Striker Partners No. 1866 P. 2 Richard Graham Kimberly Graham Ikr Ma r, 19. 2012 10:11AM Striker Partners Stewart tItlo December 22, 2011 Richard Graham and Kimberly Graham No, 1866 P. 3 Stewart Till@ - Edwards 97 Main Street, Ste W -201 Edwards, CC 81632 (970) 926 -0230 Phone (970) 926 -0235 Fax File No: 01330 -3018 Property Address: 123 Willow Place, Condominium Unit 3, Vail, CO 81657 Dear Customer: Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or refinance your property in the future, please contact us for special discounts and faster service. You may access all your closing documents through the Internet on SureClose by visiting www.stewartcolurado.com, You may contact your local Escrow Officer for login and password information. Sincerely, Stewart Title - Edwards Ma r, 19. 2012 10:11AM Striker Partners No, 1866 1 . 4 ALTA Owner's Policy (6117106) POLICY OF TITLE INSURANCE ISSUED BY title c�uat cc�m�any Any notice of claim and any other notice or statement In writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the 'Company ") insures, as of Date of Policy and, to the extent stal.ad In Covered Risks g and 10 after Date of II against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of, 1. Title being vested other than ss slated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to Insurance against loss from (a) A defect in the Title caused by (1) forgery, fraud, undue influence, duress, Incompetency, Incapacity, or impersonation; (11) failure of any person or Entity to have authorized a transfer or conveyance; (ill) a document affecling Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or dallvered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document exeWled under a falsified, expired, or otherwise Invalid power of attorney; (vi) a document not property filed, recorded, or indexed In the Public Records Including failure to perform those acts by electronic means authorized by law; or (vll) a defective judicial or administrative proceeding. (b) The Ilen of real estate taxes or assessments imposed on the Tile by a governmental authority due or payable, but unpaid. (c) Arty encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The teen "encroachment" Includes encroachments of existing improvernerits located on the Land onto adjoining land, and encroachments onto the Land of existing Improvements located on adjoining land, 3, Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including (hose ralating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any Improvement erected on the Land; (o) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, Is recorded In the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to In that notice. 6, An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 If a notice of the enforcement action, describing any pan of the Land. Is recorded in the Public Records, but only to the extent or the enforcement referred to in tha Inn tice. 7, The exercise of the nghis of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Pubic Records, B, Any taking by a governmental body that has occurred and Is binding on the rights of a purchaser for value without Knowledge. Countersigned by, 1 �— § tle g0aranty rnn)pi]rry t � "` a `� Senior Chairman oft a Board A- +` C ti Stewart Title , 97 Main Street, Suite W201 Edwards, CO 81632 Ch rmen of the Board f' al Agent ID: 060058 Via; ❑ xJr' /ff /� President Ir you wan( information about eOVersge or need asslstarce to resolve cornplalms, please call our loll free number 1 -a0D- 729 -1902. If you make a claim under your policy, you must rumlBh wrillen notice In accordance with Sealon a of the Conditions, Uslt our World -Wida Web eits at hllpJAvww.stswan.corn copyright 2006 -2009 American Land Titre Association, All rights reserved. T tae of thin Form le , eaUlded to ALTA Ilconie And ALTA members In gecd wending As or the dare of use. A' P Lill eT,tTr! All Uhar UBad die pfe'nblletl. RohnnlAtl Wider license from me An7er#cAn Land 1 isle Association. file No. D1330 -3016 stew wt Page 1 of Policy Serial No.: 0- 9301- 001840089 No �A,,,y,,,,,y Ma r. 19. 2012 10:12AM Striker Partners No. 1866 P, 5 COVEREQ RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (a) as a result of Vie av6dance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any :merest In the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer conslituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar credflors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A consulates a prererentlal transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (1) to be timely or (ii) to Impart notice of Its existence to a purchaser for value or to a judgment or lion creditor. 10. Any defect in or lien or encumbrance on the Title or other matter Included in Covered Risks 1 through s that has been created or attached or has been riled or recorded In the Public Records aubsequent to Date of Policy and prior to the) recording of the deed or other Instrument of transfer in [he Public Records that vests Title as shown in Schoduie A. The Company will also pay the costs, attorneys' fees, and expenses Incurred In defense of any matter Insured against by this Policy, but only to the extent provided In ttlo Condltlon5. EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, actorr;eys' fees, or expenses that arise by reason or: 1. (a) Any law, ordinance, permit, or governmental regulation (including those ielaling to building and zoning) reslrlcling, regulating, prohiblung, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation or these laws, ordinances, of governmental fegUlatlons. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power, This Exclusion 1(b) does not modlty or Ihnit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, surfered, assumed or agreed to by the Insured Clalm ant; (b) not Known to the Company not recorded in the Public Records at Date or Policy, but Known to the Insured Claimant and not dlscfosad In writing to the company by the Insured Claimant prior to the dale the Insured Claimant 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 (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in IcsE or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, stale insolvency, or surillar creditors' rights laws, that trio transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferenlal transfer for any reason not slated In Covered Risk g of this policy. S. Any lien on the Tlffe for real eslale taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the dale or recording or the deed or other instrument of transfer in the Public Records [hat vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used In this policy mean: (a) 'Amount of Insurance': The amount stated In Schedule A, as may be increased or decreased by endorsemert to this policy, Increased by Seellon 6(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as 'Date of Polley" In Schedule A, (c) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity, (d) "Insured ": The Insured named in Schedule A. (i) the Wren "Insured" also Includes (A) Successors to the Title of the Insured by operation of law as distinguished from purchase, 'ncluding heirs, devisees, survivors, personal reprasontativss, or next of kin; (e} successors to an Insured by dissolution, merger, consolidation, distribution, or reorganizat(on; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable considerat "on conveying the Tills (1) if the stock, shares, memberships, or other equity Interests of the grantee are wholly -owned by the named Insured. (2) if the grantee wholly owns the named Insured. (3) it the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the afflllaed Entity and the earned Insured are both whotly -owned by the same person or Entity, or (4) if the grantee Is a trustee or beneficiary of a trust created by a Written Instrument aslablishad by [he Insured named in Schedule A for estate planning purpo (ii) with regard to (A), (B), (C), and (D) reservlog, however, all rghls and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured ClalmanP': An Insured claiming lass or damage. (f) "Knowledge" or "Known ": Adual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the public Records or any other records that Impart constructive notice of matters arfecting the TOe. (g) "Land "' The land descrlbed in Schedule A, and affixed improvements that by law conalitute real property. The term "Land" does not Include any property beyond the lines of the area described In Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modiry or limit the extent Thal a right of accesE to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security Instrument. Including one evidenced by electronic means authorized by law. (i) "Public Records ": Records established under slate statutes at Date of Policy for the puipoSe of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge, Wilh respect to Covered Risk 6(d), "Public Records" shall also Include environmental protection liens filed in the records of the clerk of the United Slates District Court for the district where the Land is located. 0) `Title': The estate or interest described in Schedule A. (k) "Unmarketable Title "; Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the oollgation to purchase, lease, or lend It there Is a contraelual condition requiring the delivery of marketable title. Copyright 2000.2009 Amerlcan Land Title Association. All rights reserved. The use or [his Form ry ruefilctk :o ALTAlic --"s and ALTA —tubers in good aandlr:g os or The Sato or u6F. !hr 1C,1N Nl olh6r U8Fd 9rF pi uhlbllud. Rupfijitud under license barn the Americas Land file ASSadaTion. File No. 01330 -30913 steww} Page 2 o f policy Serial No.: 0- 9301 - 001840089 [..9��d 6 v6 Ma r. 19. 2012 10:12AM Striker Partners No, 1866 P. 6 CONDITIONS (Continued) CONTINUATION OF INSURANCE The coverage of thls policy shall continue in force as of Date of Policy ir, favor of an Insured, but only so long as the Insured retains an estate ar interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaserfrom the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Tllle, This policy shall not continue In force in favor of any purchaser frorn the Insured of either (i) an estate or interest In the Land or (ii) an obligation secured by a purchase money Mortgage glven to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notlly the Company promptly in writing (i) in case of any litigation as set forth in Secllon 5(a) of these Conditions, (ii) in case Knowledge 5hall come to an Insured hereunder of any claim of title or interest that Is adverse to (he Title, as insured, and that might cause loss or damage ror which me Company may be liable by virtue of this policy, or (iii) If the Title, as insured, i3 rejected as Unmarketable Title. If the Company is prejudiced by the raMUre of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to (he extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at Its option, requlre as a condition of payment that the Insured Claimant furnish a signed proor or loss. The proof of loss must descrlbe (he defect, hen, encumbrance, or other ntaller insured against by this policy (hat constitutes the basis of hiss or damage and shall stale, to the extent possible, the basis or calculaling the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Uporl written request by the Insured, and subject to the o ptions contalned In Sec tion 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in w,nich any third party asSeAS a claim covered by this policy adverse to the Insured. This obligation Is limited to only those stated causes or action alleging mattera insured against by this policy. The Company shall have the rlghl to select counsel of Its Choice (subject to the right of [he Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses Incurred by the Insured in the defense of [hose causes of action that allege matters not Insured against by this policy, (b) The Company shall have the rlght, In addition to the options contained in Section 7 of these Condltlons, at Its own cost, to institute and prosecute any action or proceeding or to do any other act [hat in its opinion may be necessary or desirable to establish the Title, as insured or to prevent or reduce foss or damage to the Insured. The Company may take any appropriate action under the lefmE of this policy, whether or not it shall be Iable to the Insured. The exercise of these rights shall not be an admisslon of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, It rnusl do so diligently, (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurlsdlctlon, and it expressly reserves the right, In its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In a0 Cases where Ihls policy permits or requires the Company to prosecute or provide for the derense of any action of proceeding and any appeals, the Insured shall secure (o the Company the right to so prosecute or provide defense in the action or pror_eeding, Includfng [tie right to use, at Its ootlon, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all ieasonatle aid (i) in securing evidence, obtalning witnesses, prosecuting or defending the action or proceeding, or effecting 5eltiemeni, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Tltle or any other matter as insured. IF the Company is prejudiced by the rallure of the Insured to furnish the fequlied cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liablllly or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, (b) The Company may reasonably require the Insured Claimant to submit to examlrla[lon under oath by any authorized representative of the Company and to produce for examination, Inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium mahlta)ned. Including books, ledgers, checks, memoranda, correspondence, reports. e- malls, disks, tapes, and videos whether bearing a date before or after Dale of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authrx7zed representatfve or the Company, the Insured Claimant shall grant Its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all or these records In (he custody or control of a third party that reasonably pertain to [he loss or damage. All Wormallon 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 the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required In this subsection, unless prohibited by law or governmental regulation, Shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount or In surance under this policy together with any coals, attorneys' fees, and axpenSaS Incurred by the Insured Clalmant that were authorized by the Company up to the lime of payment or tender or payment and that the Company is obligated to pay. Upon the exercise by [he Company of this option, all liability and obligations of the Company to the Insured under thi policy, other than to make the payment required in this subsection, shall terminate. Including any liability or obligation to defend, prosecute, or continue any lltlgatlon. (b) To Pay or Otherwise Settle Will PaNes Olher Than the Insured or With the Insured Claimant. O to pay or otherwise settle with other parties for or in the name or an Insured Clalmant any clam insured against under this policy. In addition, the Gompany will pay any costs, attorneys' fees, and expenses incurred by the Insured Clalmant that were authorized by the Company up to the time of payment and that the Company Is obligated to pay; or (II) to pay of otherwise settle with [he lnsureo Clalmant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the olodons provided for in subsec`ions %) (i) or (ii), the Company's obligations to the Insured under this policy for the cfaimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. Copyright 2006.2009 Amerlcah Land Tllle Assoclytloh. All rtght3 reserved. �a!r,itGiN The use Of Ne Foim is ieeldGed u, ALTA Ilunaeaa and ALTA me Mbere Ire goad elan tl4tg as of the axle O w". Uy.o l�ti= All Other Ueda are wehlblled. Reolr4ed under 11wriae from the American Land TIN AsaodeUon. ,a.h utgr� File NO. 01330 -3018 7 ste rt aft Page 3 of Policy Serial No.: 0- 9301- 001840089 u. �- . — Va -, Ma r. 19. 2012 10:13AM Striker Partners No. 1866 P. 7 CONDITIONS (CORfill Lled) DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of Indemnity against actual monetary loss or damage suslained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability or the Company for loss or damage under this policy shall not excaed Ine lesser or (1) the Amount of Insurance; or (i) the difference between [he value or the Tills as insured and the value or the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Tille, as insured, (i) the Amount of Insurance shall be Increased by to %, and (Ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant of as or the date It Is settled and paid. (c) In addlllon to the extent of liability under (a) and (b), [he Company will also pay those Costs, attorneys' fees, and expenses incurred in accordance with Seclions 5 and 7 of these Condi[icns, LIMITATION OF LIABILITY (a) If the Company eslabli the Tile, or removes the alleged defect, lien, or encumbrance, or cures the lack or a right or access to or from the Land, or cures the claim of Unmarketable Title, all as Insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, It shall have fully performed its obllgalions with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage unfit there has been a final determination by a court of competent judsdlcllon, and diapo5ilion of all appeals, adverse to the Title, as insured. (c) Tne Company shall not be liable for loss or damage to the Insured for Ilab,llly voluntarily assumed by the Insured In selling any claim or suit without the prior written consent or the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY All payments under Iris policy, except payments made for costa, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount or In5urance shall be reduced by any amount the Company pays undei 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 executed by an Insured after Cate of Policy and which is a charge or lien on the Tllle, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent or loss or damage have been derinl[uly fixed In accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies In respect to the claim That the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, altorney.3' fees, and expenses pald by the Company. It requested by the Company, the Insured Claimant Shall execute documents to evidence the transfer to [he Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant to any lransactlon or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (h) The Gompany's right of subrogation Includes the rights of the Insured to indemnities, guaranties, other policies of Insurance, or bonds, notwllhstanding any terms or Conditions contained in those instruments that address subrogation rights, 14. ARBITRATION Either the Company or [fie insured may demand that the claim or controversy shall be submil[ed to arbitration pursuant to the Tllle Insurance Arbltradon Rules of the American Land Title Association ('Rules'). Except as provided In the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. 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 [his policy, any service In connection with its Issuance or the breach of a policy provision, or to any other controversy or dairri arlsing out of the transaction giving rise to this Policy, All arbitrable matters when [he Amount of Insurance Is $2,000,000 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 $2,000,000 shall be arbitraled only when agreed to by both the Company and lh6 Insured. Arbitration pursuant to this pol cy and under the Rules shall he binding upon [he parties. JWgrnen[ upon the award rendered by the Arbilrator(s) may be entered in any court of comes lent jurisdiction. 16, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsemehLS, If any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage [hat arises out of the status of the TI(le or by any action asserting such claim shall be restricted to [his policy. (c) Any amendment of or endorsement to [his policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy, (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, It does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Dale of Policy, or (iv) Increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held Invalid or unenforceable under applicable law, [he policy shall be deemed not to include that provision or such part held to be invalid, but alt other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this porrcy and determined the premium charged therefor In reliance upon the law affecting interests in real property and applicable to the interpretation, Fights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse 10 the Insured and t0 interpret and enforce the terms of this policy. In neither rase shall the court or arbitrator apply its conflicts of law principles to determine the applicable law, (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be riled only in a state or federal court within the United Slates Of America or its territories having approprlateJurlsdlctlon. 18. NOTICES, WHERE SENT Any notice or claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252 -211 Copyright 2006 -2009 American Land Title Association. All rights reserved. ti The use of Ws Form is resrriGed La ALTA tcen:ees and ALTA members In good etending ee or Ine date of lea. IL4LM1b00 l NI other uses -s prohi6iled, Prprinied under license Gam Ito American Lend In tie Aaeod t 451 -1 adon. File No. 01330 -3018 stew ...1 Page 4 of PollCy Serial No.; 0 -9301- 001840089 __„ Ma r, 19. 2012 10:13AM Striker Partners ALTA OWNER'S POLICY (6117106) SCHEDULE A Name and Address of Title Insurance Company: No. 1866 P, 8 Stewart Title Guaranty Company P.D. Box 2029, Houston, TX 77252 Prepared by: Colorado Regional Production Center Title Officer: Roger Avila File No.: 01330 -3018 Address Reference: 123 Willow Place, Condominium Unit 3, Vail, CO 81657 (For Company Reference Purposes Only) Amount of Insurance: $4,700,000.00 Date of Policy: December 22 2011 at 4:30 P.M, 1, Name of Insured Richard Graham and Kimberly Graham 2. The estate or interest In the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Richard Graham and Kimberly Graham 4. The Land referred to in this policy is described as follows: Policy No.: 0- 9301 - 001840089 Premium: $7,900.00 Condominium Unit 3, SUMMERS LODGE CONDOMINIUMS, According to the Condominium Map recorded August 25, 1986 in Book 447 at Page 377 as Reception No. 343619 and as described in the Condominium Declaration recorded August 25, 1986 in Book 447 at Page 376 as Reception No. 343618. COUNTY OF EAGLE, STATE OF COLORADO. Copyrlghl2006.2009 Amerlcc+n Land Title Assoclapon. All rights reserved. Tne u;e or 1416 Foml is (681000d la ALTA Ilcanseea and ALTA memnere In pond alarding as or the dale of use. tt`i�i�$J'if4 Ag alherU. are draWN-ea. Reptnled underllrenee from Ina Arnerfesn Land TIUe Aesodaaon. File Na. 01330 -3019 Page 1 ❑f 1 s t e waft CO STG ALTA OwneYs Polley SeM A STCO —•<a,o Q—Vro y e.r,: ,y ' Ma r. 19. 2012 10:14AM Striker Partners No, 1866 P. 9 ALTA OWNER'S POLICY (51171M) SCHEDULE B File No.: 01330 -3018 Policy No.: 0- 9301 - 001840089 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 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. 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. Unpatented mining claims, reservations or exceptions In patents, or in acts authorizing the Issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 2011 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area 9. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded April 12, 1899 in BQQ 48 at Page 475 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 10. Protective Covenants for Vail Village First Filing, recorded August 10. 1962 in Book 174 at Page 179 as Reception No. 96381. 11. All matters as shown on the plat of Vail Village First Filing, recorded August 10, 1962 in Book 174 at Page 180 as Retention No, 96382 , 12. Condominium declaration for Summers Lodge Condominiums recorded August 25, 1986 in Book 447 at Page 376 as 13 ention No, 343618 . 13. All matters as shown on the Condominium Map for Summers Lodge Condominiums recorded August 25, 1966 in Book 447 at Page 377 as Reception No. 343619 .Vacation of Easement recorded April 26, 1989 in Book 505 at Page 18 as RQcention No. 401202 , 14. Resolution Accepting a Dedication of a Pedestrian Easement recorded September 2, 1986 in Book 447 at Page 856 as Reception No. 344098 . 15. Any and all existing leases and tenancies i tip Copyright 2008.2009 Amarlcan Lend True Association. All rights reserved. ►�au �Mt The use of This Form is iesActed to ALTA licenaeea ar�d ALTA members'n good atandln® os of Op data of usa, kme All .liar uses arc prohibited. Repintad under license from the AmefUan Lend Title Aeaodetlor. File No. D 1330 - 3018 Own Page 1 of '1 ��art CO STG ALTA Owner's Policy Sch B SP ,_„��, Ma r. 19. 2012 10:14AM Striker Partners No. 1866 P. 10 STG privacy Notice 1 (Rev 01126109) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers (he right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information, Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm- Leach -Bliley Act (GLBA). The type& of personal information we collect and share depend on the product or service that you have sought through us, This information can Include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business -4o process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share, and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and How do the Stewart Title Companies maintain your account. This may include running the business and managing yes No customer accounts, such as processing transactions, mailing and auditing services, include computer, file, and building safeguards- How do the Stewart Title Companles and responding to court orders and legal investigations. collect my personal information? For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your agent or lender involved in your transaction, credit reporting agencies, affiliates transactions and experiences. Affiliates are companies related by common What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in ownership or control. They can be financial and non - financial companies, Our Yes No affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes -- information about your creditworthiness. N o We don't snare For our affiliates to market to you Yes No For non - affiliates to market to you. Non - affiliates are companies not related by Common ownership or control, They can be financial and non- financial companies. No We don't share We. may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non- affiliate. (We do not control their subsequent use of information, and suggest you refer to their privacy no(ices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use protect my personal information? security measures that comply with federal and state law. These rneasurea include computer, file, and building safeguards- How do the Stewart Title Companles We collect your personal information, for example, when you collect my personal information? • request insurance - related services • provide such Information to us we also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us I If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company 1960 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330 -3016 Page 1 of 1 Mar, 19. 2012 10:14AM Striker Partners CO STO Endorsement 110.1 Deletlon or Exceptlon ALTA Lender No. 1866 P. 11 ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0 -9301- 001840089 Issued by E I �ste title guaranty company HEREIN CALLED THE COMPANY File No., 01330 -301 B Said Policy is hereby amended by deleting paragraphs 1 - 4, inclusive of Schedule B. Charge: $50.00 This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: >Mo1rw �ev�nz Stewart Title Agent ID: 060058 97 Main Street. Suite W2o1 Edwards, CO 81632 Endorsement Serial No, Y Y �rt gua title E- 9851 - 018038486 Senior Chairman of the Board Chairman of the Board C President File No. 01 33 0-3018 Page 1 of 1 STG GLTA Form 110.1 Deletion orExceplim ALTA Lender Ma r. 19. 2012 10:15AM Striker Partners AFFIDAVIT IN LIEU OF CONDOWNWM ASSESSMENT CERTIFICATE STATE OF TEXAS COUNT'S OF DALLAS No. 1866 P. 12 BEFORE ME, the undersigned Notary, personally appeared Donald Zale, who upon his oath did depose and state the followin�: 1. My name is Donald Zale, I am over the age of 21 gears, fully competent to make this Affidavit and the facts hereinafter stated are within my personal knowledge and true and correct. 2. I make this Affidavit in favor of Richard Graham and Kimberly Graham acknowledging that they are relying upon this Affidavit to close on the purchase of the following described condominium. i CONDOMINIUM UNIT 3, SUMMERS LODGE CONDOMINIUMS according to the Condominium Map recorded August 25,1986 in Book 447 at Page 377 and as described in the Condominium Declaration thereof recorded August 25, 1986 in Book 447 at page 376, County ofEagle, State of Colorado (the "Condominium "); and also known as street and number 123 Willow Place, Condominium Unit 3, Vail, CO 81657. 3. All Assessments (regular and special) for the Condominium and all other fees due and payable to the Condominium Association by Donald Zale and Barbara Jean ZaIe have been paid in full. There are no outstanding amounts due and payable to the Condominium Association that could constitute a lien on the Condo 4. I hereby inderx nify and hold Richard Graham and Kimberly Graham, and each of them, harmless from all claims raisgd by the Condominium Association (or by any other party) resulting or' arising from the failure of Donald Zale and/or Barbara Jean Zale to pay any Condominium assessments or other fees pertaining to the'Condominium. I Dated this l7 K day of December, 2011. I /on d tale SUBSCRIBED AND SWORN TO before me this 11 1K _l day ofDecember, 2011 by Donald Zale. FAIT! G(1fH E 81 w NOTARY P 8L1C STATE OF W4YCOMM. 12J10113 NOTAR PUBLIC IN AND FOR THE STATE OF TEXAS