HomeMy WebLinkAboutDRB120103 Desi�n Re�riev�r Boa rd
I��TI�N F�I�M
� Departrnent of Cammunity Deweloprnent
����� � 75 �auth Frorrtage R�ad, Vail, �olnradn 81�i57
tiel: 970.479.�139 fax: 97�.4J9.�45�
aor.w,,,r���••� web: www.vai Igov.eom
Project Name: MICHAELI RESIDENCE DRB Number: DRB120103
Project Description:
REPLACE EXTERIOR DOORS AND WINDOWS TO MATCH PREVIOUS RENOVATIONS TO
BREAKAWAY WEST
Participants:
OWNER 535 BREAKAWAY WEST LLC 04/16/2012
2 WINGED FOOT DR
LARCHMONT
NY 10538
APPLICANT 535 BREAKAWAY WEST LLC 04/16/2012
2 WINGED FOOT DR
LARCHMONT
NY 10538
Project Address: 913 LIONS RIDGE LP VAIL Location:
BREAKAWAY WEST UNIT 535
Legal Description: Lot: B-3, Block: Subdivision: BREAKAWAY WEST CONDO
Parcel Number: 2103-014-0705-4
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPP
Second By:
Vote: Date of Approval: 04/18/2012
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.
Planner: Bill Gibson DRB Fee Paid: $20.00
. Department of Community Development
75 South Frontage Road
T�WN OF VAIL # vai�, co $�ss7
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Application for Design Review
Minor Exteriar 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.vailqov.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: {Z�c.6.cg �j.�r"���� �,��.,�c.s 7p yb.nH
--1?(�r''�i/�r�s iz�rt o,�rs.ftm� �-° �,,�.k�w.s'! wIEsT
Physical Address: `�'�lo� UoWS (z1�Fc (.«sf� I� 535
Parcel Number: Zla3 0l� o� g 5�} (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner: S�5 �' 6�/Sw�i'� wksT ��-G
Mailing Address: 2 w r�ard �o i I�►vE � P/�(�GM MF�1 u Y 105 3�
Phone: ��1 �s.� �f5fs - G �c�o
Owner's Signature:
Primary Contact/Owner Representative: � 5 ow �S �
Mailing Address: (� �l Z�o� , C�`IPScS�Ur Cb z5/63�
Phone: 39'p - �(�73f
E-Mail: w►�ci.,ae�2 w�n,���s«H�►�n-cd,vi Fax:
D - ---
APR 16 2012
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I For Office Use Only: _ ��IL (
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�Cash_ CC: Visa/ MC Last 4 CC# Exp. Date: Auth # Check# 7/� R �
'Fee Paid: � ��'J�. �� Received From: � P P JJES�C�I�I ��'� �
Meeting Date: DRB No.: �� �
Planner: � Project No: � — i
'Zoning: Land Use:
;Location of the Proposal: Lot�_ Block:� Subdivision:hl pIJ�S t�� '�'1�t h1C�'
Michael
From: ANDREW CUOMO <andrew@vailrealty.com>
Sent: Wednesday, March 21, 2012 10:46 AM
To: Michael
Cc: J MICHAELI@AOL.COM
Subject: RE: Unit 535 Renovation
Joe and Michael
The BOD did approve your plans with the following stipulations.
1. Subject to selecting a window manufacturer approved by the BOD.
2. The BOD reserves the right to withdraw its approval if the Town of Vail mandates any code upgrades to the S00
building associated with the renovation of unit#535. le. Fire alarm and sprinkler design TBD.
3. We will require a copy of the Asbestos test on the drywall mud and texture.
4. Acceptable staging plan for the dumpster and construction material to be worked out with Steve Burns the
Building manager.
5. Contractor and all subs to provide current insurance certificates to the building manager.
It is the intent of the BOD to form a committee to work on recommending a window manufacturer for the entire
500 building. Your input would be welcome. Scott Payant who is a board member is also interested in replacing
his windows and will likely want to be part of the committee.
Let me know if you have any questions.
Andrew Cuomo
From: Michael [mailto:Michael@MPPDESIGNSHOP.COMl
Sent: Wednesday, March 21, 2012 9:31 AM
To: ANDREW CUOMO
Subject: RE: Unit 535 Renovation
Hi Andrew—how did the mtg go last night� Thanks! mpp
Michael Pukas
President
rnpp design shop, inc.
custom design
Po Box 288
95 Wil►owstone Place
Gypsum, CO 81637
(970) 390-4931
michael@mqpdesignshop.com
www.mqpdesignshop.com
1
� ���3 � a o��
Date: December 26, 2011
535 BREAKAWAY WEST, LLC, A COLORADO LIMITED LIABILITY COMPANY
2 WINGED FOOT DRIVE
LARCHMONT, NY 10538
Subject: Attached Title Policy V50031840
tor 963 LIONS RIDGE LOOP AKA UNIT 535, PK SP 24&.26 BREAKAWAY WEST PH II-C
Enclosed please tind the Owner's Title Insurance Policy for your purchase of the
property listed above.
This title policy is the tinal step in your real estate transaction, and we want to take
a moment to remind you of its importance. Please review all information in this
document carefully and be sure to safeguard this policy along with your other legal
documents.
Your owner's policy insures you as long as you own the property and requires no
additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns
regarding your policy, or you may contact the Final Policy Department directly at
970-476-2251.
As a Colorado-owned and operated title company for over 40 years, with oftices
throughout the state, we take pride in serving our eustomers one transaction at a time.
We sincerely appreciate your business and welcome the opportunity to assist you with any
future real estate needs. Not only wi11 Land Title be able to provide you with the title
services quickly and professionally, but you may also be entitled to a discount on title
premiums if you sell or retinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We
look forward to serving you again in the future.
Sincerely,
Land Title Guarantee Company
Owner's Policy of Title Insurance �
ISSUED BY
First American Title Insurance Company
ANY NOTICE OF CLAIM AND ANV OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE CUMPANY UNDER THIS POLICY MUST BE GIYEN TO THE COMPANY
AT THE AODRESS SHOWN IN SECTiON 18 OF THE CONDITIONS. I
COVERED RISKS '�
I
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS fROM COVERAGE GONTAINED IN SCHEDULE B ANO THE CONDITIONS,FIRST AMERICAN TITLE INSURANCE
C�MPANY,a Califomia corparation(the"Company")insu�es,as of Date af Policy and,to the extenl stated in Covered Risks 9 and 1 D,after Uate of Policy,against loss or damage,
not exceeding the Amouot af Insurance,sustained ar incurred 6y the�nsured 6y reason of:
1. Title being vested other than as stated in Sshedule A.
2. Any defect in or lien or eneumbrance on the title;This covered Risk includes but is not lenited to insurance against loss from
(al A defect in the Title caused by
Ii)forgery,fraud,undue influence,duress,incompetency,incapacity,or inpersonation;
fii)fa�ure of any person or Entity to have authorized a transfer or conveyance;
Gii►a document affecting Title nat properly created,executed,witoessed,sealed,acknowledged,notarized,or delivered;
Gv►fa�7ure to perform those acts necessary to create a doeument by electranic means author¢ed by law;
(v)a document executed under a falsified,expired,or otherwise invalid pawer of attomey;
fvi)a document not properly filed,recorded,or indexed in the Public Records including failure to perfortn those acts by elestronic means authorrzed by law:or
fvii)a defective judicial or administrative proceeding.
Ib)The lien of real estate taxes or assessments imposed on the Title by a govemmental authority due or payable,but unpaid.
Ic)Any encroachment,eocumbrance,violatian,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the
Land.The term"encroachment"ineludes encraachments of existing anprovements located on the Land o�to adjoining land,and encroachments onto the Land af existing
anprovementa located an adjoining land.
3.Unmarketable Title.
4.No right of access to and fram the Land.
5.The violatian or enforcement of any law,ord'mance,permit,ar povemmental regulatian fincluding those relating to building and zoning)restricting,regulating,proh�Liting,or relating to
(al the o��upancy,use or enjoymenl of the Land;
(h)the character,dimensions,or location af any inpravement erected on the Land;
(c►the subdivision af land;or
(d)environmental protection
'rf a notice,describing any part af the Land,ia recorded in the Pu6Gc Recards setting forth the vialatian or intention to enfarce,but only to the extent of the violation ar
enforcement referred to in that notice.
6.An enforcement actian 6ased an the exercise of a govemmental potice pawer not cavered by Cavered Risk 5 if a notice of the enforcement action.describing any part of the
Land,is recorded in the Public Records,6ut only to the extent of ihe enforcement referred to in thai notice.
7.The exercise of the rights of eminent damain if a notice of the exercise,describing any part of the Land,is reeorded in the Public Records.
B.Any taking by a govemmental body that has occurred and is binding on the rights of a purehaser for value without Knowledge.
9.Title 6eing vested other than as stated in Schedule A or being defective
(a)as a result of the avoidance in whole or in part,ar from a court order providing an altemative remedy,of a transfer of all or any part of the title to ar any interest in
the Land occurti�g prior to the transaction vesting Title as shawn in Schedule A because that prior transfer canstituted a fraudulent or preferential transfer under
federat bankruptcy,state insolvency,or sinilar creditors'rights laws;or
@16ecause the insirument of transfer vesting Trtle as shown in Schedule A canstitutes a preferential transfer under federal bankruptcy,state insohrency,or
sinilar�editors'rights laws by reason of the failure of its recording in the Public Records
(i1 to be t6nely,or
6i)to enpart notice of its existence ta a purchaser for value or to a judgment or lien creditor.
10.Any defect in or lien ar encumbrance on the Title ar other matter included in Covered Risks 1 through 9 that has been created ar attached or has 6een filed or recorded in the
Public Recurds subsequent to Date af Policy and prior ta the recording of the deed or other instrument of transfer in the Public Records that vests Tiik as shown in Schedule A.
The Company will also pay the costs,attameys'fees,and expenses incurred in defense of any matter insured against by this Policy,but onty to the extent provided in the
Conditions.
FIRST AMERICAN TITLE INSURANCE COMPANY
Issued through the Office of:
Land Title Guarantee Company
610 WEST LIONSHEAD CIRCLE d20U �n�i
VAIL,CO 81651 �
970•476•2251 ' Dennis J.Gitnare
President
� ,�ti�e
� . uNU T�riE
essac�nT�on
A hor¢ed Sign ture
' � Timathy Kemp
Secretary �
Copyrigh[2006-2011 Americau I.iuJ Title Association. All righ[s reserved. The use of this f'orm is restricted to ALTA licensees and ALTA members
in good standing as of tLe date of use. All othcr uses are prohibited.Reprinted under license from the American Land TiUe Association.
AO.FA.O6(ALTA O6•17•O6)Cover Page 1 of 5
EXCLUSIONS FROM COVERAGE
The following matters are expressty excluded from the coverape of this policy,and the Company wiH not pay loss or damage,costs,attomeys'fees,or expenses that
arise by reason of:
1.(a)Any law,ordinance,petmit,or gavemmental regulation Gncluding those relating to budding and zoning)restricting,regulating,prohibiting or relating to
f)the oceupancy,use,or enjoyment of the Land;
(ii)the character,dinensions,or location af any enprovement erected on the Land;
Giil the su6division of land;ur
(iv►environmental protection;
or the effect of any violation af these laws,ordinances,or govemmental regulatians.This Exclusion l(a)does nat modify or I'mit the coverage provided under
Covered Risk 5.
(h)Any govemmental police power.This Exclusion lfb►daes not modify or limit the caverage provided under Covered Risk 6.
2.Rights of eminent domain.This Exclusion does not mod'rfy or linit the caverage provided under Govered Risk 7 or 8.
3.Defects,liens,encumbrances,adverse claims,or other matters
(a►created,suffered,assumed,or agreed ta by the Insured Cla�nant;
(b►not Known to the Company,not recorded in the Pu61ic Records at Oate of Policy,6ut Knawn ta the Insured Claimant and not disclosed in writing to the
Company by the Insured Clainant prior to the date the Insured Clainant hecame an Insured under this policy;
(c)resulting in no loss or damage to the Insured Clapnant;
fd)attachinp or created subsequent to Date of Policy(hawever,this does not mad'rfy or linit the coverage provided under Covered Risk 9 and 10);or
(e)resulting in toss or damage that would not have been sustained if the Insured Clamant had paid value far the Title.
4.Any clain,6y reason of the operatian of federal bankruptcy,state insaHency,or sinilar creditora'rights laws,that the transaction vesting the Title as shown in
Schedule p,is
(a1 a fraudulent conveyance or fraudulent transfer,or
(b)a preferential transfer for any reason not stated in Cavered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of
the deed or other instrument of transfer in the Public Records that vests Title as shown in Scheduk A.
CONDITIONS
1.DEFINITION OFTERMS
The following terms when used in this policy mean:
(a)'Amount af Insurance":The amount stated in Schedule A,as may be increased or decreased by endorsement to this palicy,increased by Section 8@)or
decreased 6y Sections)0 and 11 of these Conditions.
@►"Date of Policy":The date designated as"Date of Policy"in Schedule A.
(c)"Entity":A eorporation,partnership,trust,linited liabi6ty company,or olher sinilar legal entity.
(dl"Insuted":The Insured named in Scheduk A.
()The term"Insured"alsu includes
(Ai successors to the Title of the Insured by operation of law as distinguished from purchase,i�eluding heirs,devisees,survivors,personal
representatives,ar next af kin;
(B)successors to an Insured by dissalution,merger,consolidation,distribution,or reorgan¢ation;
(C)successars to an Insured by its conversian to another kind of Entity;
(D)a grantee of an Insured under a deed delivered without paymeni of actual valuabk eonsideratioa conveying the Title
(t)if the stack,shares,memberships,ar other equity interests of the grantee are whaByowned by the named Insured.
(2)if the grantee wholly owns the named Insured,
(3)if the grantee is whollyowned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are
hath whollyawned by the same person or Entity,ar
(41 if the grantee is a irustee or 6eneficiary of a trust created 6y a written instrument establishad by the Insured named in Schedule A
for estate planning purposes.
Gi)With regard to(Al.(B►,(G),and(D)reserving,however,all rights and defensed as to any successor that the Company would have had against any
predecessor Insured.
(e1"Insured Claimant":An Insured claiming loss or damage.
(f)"Knowledge"or'Known":Actual knowledge,not construetive knawledge or notice that may be&rtputed to an Insured by reason of the Public Records or any
other recurds that impart contructive notice of matters affecting the 7itle.
Ig)"Land":The land described in Schedule A,and affixed improvements that by law constitute real property.The tertn"Land"daes not include any property 6eyond
the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads,avenue,alleys,lanes,ways,or
Waterways,but this does not modify or linii the extent that a right of access to and from the Land is insured by lhis policy.
(hl"Mortgage":Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by eleetronic means autharized by law.
G1"Public Records":Records established under state statutes at Date of Policy for the purpose of inparting constructive notice of matters relating to real property to
purchasers for value and without Knowledge.With respect to Covered Risk 51d),"Public Records"shall alsa include environmental protection liens filed in the
records of the clerk of the United States Dist�ct Court for the district where the Land is located.
(j)"Title":The estate or interest described in Schedule A.
"Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purchaser ar lessee af the Title or�nder on the Title to he
rekased from the obligation to purchase,lease,or lend'rf there is a cantractual condition requ�ing the detivery of marketable title.
2.CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favar af an Insured,but only so long as the Insured retains an estate or interest in the Land,or
holds an obligation secured by a purchase money Martgage given by a purchaser from the Insured,or only so Iong as the Insured shall have lia6ility by reason of
warrant�s in any tronsfer or conveyance of the Titk.This poGcy shaA nat continue in farce in favor of any purchaser from ihe Insured of either f)an estate or interest in
the Land,or(ii►an obligatian secured by a purchase money Mortgage given to the Insured.
AO.FA.06.2 Cover Page 2 of 5
3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing G)�n case of any litigation as set forth in Section 51a)of lhese Conditions,fiil in case Knowledge shall come to
an Insured hereunder of any claim of tit�e or interest that is adverse to the Title,as insured,and that might cause bss or damage for which the Company may be liable
by virtue af this policy,or Gii)if the Title,as insured,is rejected as Unmarketab�Title.If the Company is prejudiced by the failure of the Insured Claunant to pravide
prampt notice,the Company's lia6ility to the Insured Claimant under the policy ahall 6e reduced to the extent of the prejudice.
4.PROOF OF LOSS
(n the event the Company is una6le to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment ihat lhe Insured
ClaQnant fumish a signed proof of lass.The proof of lass must deseribe the defect,6en,encumbrance,or other matter insured against by this policy that consitutes the
basis of loss ar damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage.
5.DEFENSE AND PROSECUTION OF ACTIONS
(a)Upan written request by the Insured,and subject to the options eontained in Section 7 of these Canditions,the Company,at its own cost and without
uoreasonab�delay,shall provide far the defense of an Insured in litigation in which any third party asserts a claim covered 6y this policy adverse to the
Insured.This obligation is limited to only those stated causes of astion alleging matters insured against by this poliey.The Campany shall have the right to
select counsel of its choice(subject to the right of the Insured lo object for reasonable cause)to represent the Insured as ta those stated causes of action.
It shall noi be 1ia61e for and will not pay the fees of any other couns�el.The Company will not pay any fees,costs,ar expenses incurred by the Insured in the
defense of those causes of action that allege matters not insured against by this policy.
@)The Canpany shall have the right,in addition to the options contained in Se�tion 7 af these Conditions,at its own cast,to institute and prosecute any aetion or
proceeding or to do any ather act that in its apinion may be necessary or desireable to establish the Title,as insured,or to prevent or reduce loss or
damage ta the Insu�ed.The Campany may take any appropriate aetion under the terms of this policy,whether or not it shall be liable to the Insured.The
exercise of these rights shall not 6e an admission of liability or waiver of any provision of this policy.lf the Company exercises its rights under this su6section,
it must to so diligently.
Ic)Whenever the Company brings an action or asserts a defense as required or permitted by this palicy,the Campany may pursue the litigation to a final
determination hy a court oi competent jurisdiction,and it expressly reserves the right,in its sole discretian,to appeal any adverse judgment or order.
6.DUTY OF INSURED CLAIMANT TO COOPERATE
la)In aN cases where this policy permits or requires the Company ta prosecute or provide for the defense of any action ar proceeding and any appeals,the Insured
shall secure to the Company the right to so prusecute or provide defense in tha actian or proceeding,includ'mg the right to use,at its option,the name of the
(nsured for this purpose.Whenever requested by the Company,the Insured,at the Company's expense,shall give the Company aN reasona6k aid(i)in
securing evidence,obtaining witneases,prosecuting or defending the action or proceeding,or effecting sett�ment,and(ii)in any other lawful act that in the
opinion af the Company may be necessary or desirable to establish the Title or any othermatter as insured.If the Company is prejudiced 6y the failure of the
Insured to furnish the required cooperation,the Company's obligatian to the Insured under the policy shal)terminate,including any dability or obGgation to
defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation.
@)The Campan�may reasonably require the Insured Claimant to su6mit ta examination under oath by any authoraed representalive af the Company and to
produce for examination,inspection,and copying,at such reasonable tines and places as may be designated by the authoraed representative of the Company,
aN records,in whatever medium maintained,including books,kdgers,checks,memoranda,correspondence,repohs,etnails,disks,tapes,and videos whethe�
bearing a date before or after Date of Policy,that reasonably perlain to the loss or damage.Further,if requested by any authorized representative of the
Company,the Insured Cla6nant shall grant its pertnission,in writing,for any authorized representative of the Company to examine,inspect,and copy all of
these records in the custody or control of a third party that reasooably pertain to the lass or damage.All information designated as confidential hy the Inaured
Clairnant provided to the Company pursuant to this Section shaY not be disclosed to others unless,in Ihe reasona6le judgment of the Company,it is necessary in
the administratian of the claun.Failure of the Insured Claimant to submit for examination under oath praduce any reasanably requested information,or grant
permission ta secure reasonably necessary infortnation from third parties as required in this subsectian,unkss prahibited by haw ar govemmental regulation,
shaU terminate any liability af the Company under this policy as to that clagn.
7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY
In case af a clarn under this policy,the Company shall have the fallowing additional options:
(a)Tn Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount af Insurance under this paficy tagether with any costs,attomeys'fees,and expenses incurred by the Insured Clainant
that were authorized by the Campany up to the tane of payment ar tender of payment and that the Company is o6ligated to pay.
Upon the exercise by the Company of this option,all liability aod obGgations of the Compaoy to the Insured under this policy,alher than to make the payment
required in the subsection,ahall terminate,including any Gability ar obligation to defend,prosecute,or continue any litigation.
Ib)To Pay or Otherwise Settle With Parties Other 7han the Insured or With the Insured Claimant.
li)Ta pay or otherwise settle with other parties for or in the name af an Insured Cla�nnant any cladn insured against under this palicy.In addition,the
Company will pay any costs,attomeys'fees,and expenses incurred by the Insured Clainant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay;or
fd)To pay ar othenvise settle with the Insured Clatnant the loas ar damage provided for under this palicy,together with any costs,attomeys'fees,and
expensed incurred hy the Insured Clarnant that were autharaed hy the Company up to the tme of payment and that the Company is ohligated to pay.
Upon the ezercise 6y the Company of either of the options provided far in subsections(bNi1 or f�l,the Company's nbligations to the Inaured under this
policy for the clained loss or damage,ather than the payments required to be made,shaH terminate,including any liability ar obNgation to defend,prosecute,or
continue any litigatian.
8.DETERMINATION AND EXTENT OF LIABILITY
This poqcy is a contract of indemnity against actual monetary loss or damage sustained ar incurted by the Insured Clainant who has suffered loss or damage by
reason af matters insured against 6y this palicy.
la)The extent of liability of the Company far loss ar damage under this poliey shall noi exceed the lesser of
()the Amaunt of Insurance;or
fii)the difference 6etween the value of the Title as insured and the value of the Title subject ta ihe risk insured against by Ihis palicy.
AO.FA.06.3 Cover Page 3 af 5
(61 if the Company pursues its rights under Section 5 af these Conditions and is unsuccessful in establishing the Title,as insured,
Ii)Ihe Amount of Insurance shall be increased by 10°h,and
(ii)the Insured Claimant shall have the righl tn have the loss ar damage determined either as of the date the claan was made by the Insured Claimant
or as of the date it is settled and paid.
Ic!In additian ta the extent of liability under lai and Ib►,the Company will also pay those costs,attomeyi fees,and expenses incurred in accordance with Sections
5 and 7 of these Canditions.
9.LIMITATION OF LIABILITY
(a)If the Company establishes the Tille,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right af access to or from the Land,or cures
the claen af Unmarketa6le Title,all as insured,in a reasonabty diligent manner by any methad,including litigation and the completion of any appeals,it shall
have fuUy perfurmed its ohligatians with respect to thal matter and shaN not he liable for any loss ar damage eaused to the Insured.
@►tn the event of any Gtigation,including litigation by the Campany or with the Company's consenl,the Company shall have no 6ability for loss or damage until
there has been a final determination by a court oF competent jurisdiction,and disposition of all appeals,adverse to the Title,as insured.
(c)The Company shall not be 1ia61e for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim ar suit without the prior
written consent of the Company.
10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy,except payments made far costs,attorneys'fees,and expenses,shall teduce the Amount af Insurance by the amaunt of the payment.
11.LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B ar to which
the Insured has agreed,assumed,or taken subject,ar whi�h is executed by an Insured after Date of Policy and which is a charge or I'�n on the Title,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 of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made with�30 days.
13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a1 Whenever the Company shall have settled and paid a claim under this policy,it shall be suhragated and entitled to the rights of the Insured Claanaot in the Titk
and all other rights and remedies in respect to the claim that the Insured Claenant has againat any person ar property,to the eztent af the amaunt of any
loss,casts,atlorneys'fees,and expenses paid hy ihe Company.If requested hy the Company,the Insured Clainant shall execute documents to evidence tAe
transfer to the Company of these rights and remedies.The Insured Clainant shall permit the Company ta sue,compromise,or settle in the name of the
Insured Clartnant and to use the name of the Insured Clainant in any transaction or litigation invalving these rights and remedies.
If a payment on accou�t of a claim does not fully cover the loss of the Insuted Clainant,the Company shall defer the exercise of its right ta recover until after
the Insured Claimant shall have recovered its loss.
(b)The Campany's right of subrogation includes the rights of the Insured to indemnities,guaranties,other policys of insurance,or bonds,notwithstanding
aoy tertns or conditions eontained in those instruments that address subrogatian rights.
14.ARBITRATION
Either the Company or the Insured may demand that the claim or contraversy shall be su6mitted to arbitration pursuant to the Title Insuronce Arbitration Rules of the
American Land Title Associatian("Rules"!.Except as provided in the Rules,there shall be no joinder or consolidation with elains or controversies of other persons.
Arbitroble matters may inctude,but are not limited to,any cantroversy or clain between the Company and the Insured arising out of or relating to this poficy,any
service in connection with its issuance or the breach af a policy provision,or to any other controversy or clain arising out of the tronsaction giving rise to this policy.All
afiitreble matters when the Amount af Insurance is S2,000,000 or kss shaA 6e arhitroted at the aption of either the Company of the Insured.All ar6itrahle matters
when the Amaunt of Insurance is in excess of S2,000,000 shall6e arbitrated only when agreed to by bath the Compaey and the Insured.Arbitretion pursuant to this
policy and under the Rules shatl be 6inding upan the parties.Judgment upon the award rendered by the Ar6itrator(s)may he entered in any court of competent jurisdiction.
15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT
(a1 This policy fogether with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company.In
iMerpreting any provision of this policy,this poli�y shall be construed as a whole.
@I Any chaim or loss or damage that arises out of the status af the Title ar by any action asserting such claen shafl be restricted to this policy.
(c)Any amendmeni of or endorsement to this palicy must he in writing and authenticated by an authorized person,or expressly incarporated by
Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is made a part of this policy and'a subject to all of its terms and provisians.Except as the endorsement
expressly states,it does not f)modify any of the terms and provisions af ihe po6cy,G�)madify any prior endorsement,fml extend the Date of PoGcy,
or(iv)increase the Amount of Insurance.
16.SEVERABILITY
In the event any provisian af this poicy,in whole or in part,is held invalid or unenforcea6e under applicable law,the policy shall be deemed nat to include that
pravisian or such part held to be invalid,but all other pravisions shall remain in full force and effect.
AO.FA.06.4 Cover Page 4 of 5
17.CHOICE OF LAW;FORUM
Ia)Choice of Law;The Insured acknowledges the Campany has underwritlen the risks covered by this palicy and detertnined the premium charged therefor in
reliance upon the law affecting interests in real property and applicable lo the interpretation,rights,remedies,or enforeement of polieies of titk insurance of the
jurisdicton where the Land is located.
Therefore,the caurt ar an arhitrator shall apply the law of the'ryrisdiction where the Land is located to determine the validity af cla6ns against the Title Ihat are
adverse ta the Insured and to interpret and enforce the terms af this policy.In neither case shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
@I Choice of Forum;Any litigation or other proceeding brought by tAe Insured against Ihe Company must be filed only in a state or federal court within the
United States of America or its territories having appropriate jurisdiction.
18.NOTICES,WHERE SENT
Any notice of elaim and any other notice or statement in wriling required ta 6e given to the Company under this palicy must be given to the Company at:
1 first American Way,Santa Ana,CA 92707,Attn:Claims Department ,
i
ANTI-FRAUD STATEA7ENT: Pursua��t to CRS 10-1-128(6)(u),it is unlawful to kiiow�ingly�provide false, incomplete,or misteading fucts
or infon�wtion to t�n insur:uue cou�pauiy for tlie purpose of defraudin�or atteu�ptiug to defrs�ud the coinpany. Penalties tuay include
unprisomue►�t,fiues,Jenial of iusurance und civil damages.Any utsurance compuny or agent of an iusurance company who knowingly
provides false, incomplete,or misleadin�facts or information to a policyliolder or claunant for the purpose of defraudii�or ntten�pting to
defraud the policY6older or cluiwaut with re�urd to u settletuent or awurd pa,vuble from insuruuce proceeds shall be reported to the
Colorado division of'iusurwue�ritLiu the departtnent oY regulatory agencies.
T(�is atiti-fraud stuten�eut is siftieed aud made x part of this policy.
1'his jacket was created elecn-uuicalty and constiwtes o��origina!docurnent
AO.FA.06.5 Cover Page 5 of 5
LTG Policy No. TAAH50031840
Foran AO/FA
Our Order No. V50031840 Schedule A Amount $434,000.00
Property Address: 963 LIONS RIDGE LOOP AKA UNIT 535, PK SP 24&26 BREAKAWAY WEST PH II-C VAIL CO
81657
1. Policy Date: December 06, 2011 at 5:00 P.M.
2. Name of Insured:
I
535 BREAKAWAY WEST, LLC, A COLORADO LIMITED L(ABILITY COMPANY I
3. The estate or interest in tl�e 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 by this policy at the date hereof is vested in:
535 BREAKAWAY WEST, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this policy is described as folto�vs:
CONDOMINIUM UN1T NO. 535 AND PARKING UN1T NUMBERS 24 AND 26, BREAKAWAY WEST,
ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED NOVEMBER 28, 1972 IN BOOK 226
AT PAGE 450 AND THE FIRST SUPPLEMENT TO THE CONDOMINIUM MAP THEREOF RECORDED
AUGUST 33, 1973 IN BOOK 230 AT PAGE 743 AND ACCORDING TO THE SECOND SUPPLEMENT
TO THE CONDOMINIUM MAP THEREOF, RECORDED JANUARY 8, 1974 IN BOOK 232 AT PAGE
844 AND AS DEFINED 1N THE CONDOMINIUM DECLARATION RECORDED NOVEMBER 28> 1972 IN
BOOK 226 AT PAGE 449 AND THE FIRST SUPPLEMENT THERETO RECORDED AUGUST 23, 1973
IN BOOK 230 AT PAGE 742 AND THE SECOND SUPPLEMENT THERETO RECORDED JANUARY 8,
1974 1N BOOK 232 AT PAGE 843, COUNTY OF EAGLE, STATE OF COLORADO.
This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing First American Title Insurance Company
LTG Policy No. TAAH50031840
Form AO/FA I
Our Order No. V50031840
Schedule B I
This policy does not insw�e azaiiist loss or dau�ge(and die Company will not pay cos�s, attorneys' fees or expeiLtes)
which arise by reason of:
Geueral Exceptions:
This policy does uot insure agaiust loss or dan�ge by rzason of the following:
1. Any facts, righG�, iiiteres�ti, or clainL� thereof, not shown by the Public Records but thdt coWd be asc;ertained by an
inspection of d�e Land of d�at nuy asserted by persons in possession of the Laud.
2. Easements, liens or eucmnbrances, or claimc thereof, not shown by the Public Records.
3. Discrepancies, coutlicts in bouudary lines, shortage in area, encroachments, and any fac�� which a correct survey and
in.Spection of die Laud �vould disclose, and which are not shown by the Public Records.
4. Any lien, or right to a lieu, for services, labor, or material heretofore or hereafter funushed> imposed by taw and
not shown by d�e Public Records.
5 (a) Unpatented mining clain►s; (b) reservation.ti or exceptions in patents or in Act�s authorizing [he issuance thereof; (c)
water ri�hts, claims or title to water, whether or�iot the n�tters excepted under(a), (b), or(c)are shown by the
Public Records.
6. 2011 TAXES NOT YET DUE AND PAYABLE.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROIv( SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93
AT PAGE 42.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS [2ESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29,
1920, IN BOOI< 93 AT PAGE 42.
9. RESTRICT[VE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGtON, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH 1N APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED JULY 25, 1969, IN BOOK 215 AT PAGE 649 AND AS
AMENDED IN (NSTRUMENT RECORDED DECEMBER 2, 1970, IN BOOK 319 AT PAGE 235.
10. RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY IN FAVOR OF THE PUBLIC
WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF
LTG Policy No. TAAH50031840
Form AO/FA
Our Order No. V50031 S40
Schedule B
RED SANDSTONE CREEK.
11. EASEMENT FOR INGRESS AND EGRESS OVER THE WESTERLY TWENTY (20) FEET AS 'i�
CONTAINED IN INSTRUMENT RECORDED JANUARY 17, 1973 IN BOOK 227 AT PAGE 284.
12. THOSE PROVISIONS, COVENANTS AND CONDITIONS. EASEMENTS, AND RESTRICTIONS.
WHICH ARE A BURDEN TO THE CONDOMINIUM UN[T DESCRIBED IN SCHEDULE A, BUT
OMITTWG ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABiLITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH [N APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED NOVEMBER 28, 1972, IN BOOK 226 AT PAGE 449 AND AS
AMENDED IN INSTRUMENT RECORDED AUGUST 23, 1972, IN BOOK 230 AT PAGE 742
AND RECORDED JANUARY 8, 1974 IN BOOK 232 AT PAGE 843.
NOTE: SA1D DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION
DESCWBED IN ARTiCLE 24-26 OF SAID DECLARATION.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE CONDONIINNM MAP OF BREAKAWAY WEST RECORDED NOVEMBER 28, 1972 IN BOOK
226 AT PAGE 450 AND FIRST SUPPLEMENT RECORDED AUGUST 23, 1973 IN BOOK 230
AT PAGE 743 AND SECOND SUPPLEMENT RECORDED JANUARY 8, 1974 IN BOOK 232 AT
PAGE 8�d.
14. DEED OF TRUST DATED DECEMBER O1, 2011, FROM 535 BREAKAWAY WEST, LLC, A
COLORADO UMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY
FOR THE USE OF FIRSTBANK TO SECURE THE SUM OF $335,000.00 RECORDED
DECEMBER 06, 2011, UNDER RECEPTION NO. 201122650.
1TEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO AI�1Y LIENS
RESULTiNG FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST
OF 535 BREAKAWAY WEST, LLC>A COLORADO LIMITED LIABILITY COMPANY.
PROPOSED MATERIALS
Buildinq Materials Type of Material Color
Roof NC� Gl'4T�+,1��
Siding ����E
Other Wall Materials �d G�7i�(��,
Fascia Hv (���
Soffits typ �7,,,��,,�
windows L�L.�ur.,w1-� G(,!.P- �U�.TGlF 14�c�5Tlky (L�v►lallhi_'laNS- �1?�Mr�F.
Window Trim ZX � '(�E.HRsAA2K
Doors �c.,�N1#�f-! Cl./a�>-�l/S-TGif 1�rX�5I7hu, �'ctlavis7.,�s- F�Ro.�1�E
Door Trim Z�$ -("����
Hand or Deck Rails Np G��1l,r(l,,F
Flues _[•�V G��'1�.�c�
Flashing I�d Ctt7��.w.E
Chimneys Nc� et�r,,�
Trash Enclosures 1� IJ�,/S .
Greenhouses �,,,6 _
Retaining Walls N_p.
Exterior �ighting NO Gk�f�x4�
Other ��4.
Notes:
Please specify the manufacturer's name, the color name and number and attach a color chip.
� UTILITY APPROVAL &VERIFICATION
This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify
service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul-
ing installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval
and verification. PLEASE ALLOW UP TO Z WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you
are unabie to obtain comments within that timeframe please contact The Town of Vail.
Subject Property Address��P,��' LIcKS �Gt� Cp[� Lot Block Subdivision: �1c,dwi�J v�tiE�
Primary Contact/Owner Representative: M IG��t�;c� �(�S Phone: 3`�'O ' —r�3�
Plans Dated: b��I 3�1 Z.
P�ir mary Contact/Owner Representative Signature
Authorized Siqnature Comments Date
QWEST
970.468.6860(tel)
970.468.0672(fax)
Contacts: Samuel Tooley
samuel.toole west.com
XCEL HIGH PRESSURE GAS
970.26Z.4076 (tel)
970.468.1401 (fax)
Contact: Rich Sisneros
richard.sisneros xcelener .com
HOLY CROSS ENERGY
970.947.5471 (tel)
970.945.4081 (fax)
Contact: Jeff Vroom
vroom@hol cross.com
XCEL Energy
970.262.4038 (fax)
970.262.4024 (tel)
Contacts: Kit Bogert
Kath n.Bo ert xcelener .com
EAGLE RIVER WATER&SANITA-
TION DISTRICT
970.477.5435(tel)
970.477.5434 (fax)
Contact: Roby Forsyth
rfors h erwsd.or
COMCAST CABLE
970.619.0752 (tel)
970.468-2672 (fax)
Contact: Tony Hildreth
ton _hildreth@cable.comcast.com
CDOT(Only in CDOT Right-of-way)
970.683.6284(tel)
Contact: Dan Roussin
Daniel.roussin@dot.state.co.us
NOTES:
1. Utility locations must be obtained before digging.
2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the
Public Works Department for verification 970.479.2198.
3. It is the responsibility of the utility company and the applicant to resolve problems identified above.
4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for
re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date.
� . _. _ . ,_ _ _ __
� From: ANDREW CUOMO [mailto:andrew@vailrealty.com]
Sent: Wednesday, March 14, 2012 10:22 AM
To: Michael
Subject: RE: Unit 535 Renovation
I received the drawings and I have forwarded them to the rest of the BOD and asked that it be put on the agenda for our
meeting next week.
From: Michael jmailto:MichaelCc�MPPDESIGNSHOP.COMI
Sent: Tuesday, March 13, 2012 8:16 PM
To: Andrew Cuomo(andrew@vailrealty.com)
Subject: Unit 535 Renovation
Hi Andrew-here are the drawings for Unit 535.The Joe is Joe Michaeli.
We are planning to replace all of the existing windows. There are a couple that we are changing. We are
planning on matching the windows in the newly renovated buildings in color, material and configuration as
close as possible. We have not yet chosen a manufacturer, but are planning on using an aluminum clad
product.
For trim around the new windows 8�doors, I'm showing a temporary 2x8 wood trim. The existing shingle siding
will have to be cut back 6" or so to allow for the new windows and flashing to be installed. I think this is the
easiest solution to provide an inexpensive, attractive window trim that can be removed when the exterior of
this building gets renovated.
I think the drawings are self-explanatory, but if you have any questions, please call me.Thanks much. mpp
Michaef Pukas
President
mpp deisgn shop, inc.
custom design
Po Box 288
95 Willowstone Place
Gypsum, CO 81637
(970) 390-4931
michael@mapdesignshop.com
www.mppdesianshop.com
2
LETTER E�nqp design shop
PO Box 288
095 Willowstone Place
Gypsum, CO 81637
c 970-390-4931
michael@mppdesignshop.com
April 13, 2012
Town of Vail Community Development
Attention: Bill Gibson
75 South Frontage Road
Vail CO 81657Minturn, CO 81645
Tel- (970} 479-2138
Fax- (970) 479-2452
e-mail- bgibson@vailgov.com
Regarding: Michaeli Residence Renovation
Location:
Breakaway West Condominiums
Parcel No: 2103-014-07-054
PH II-C PK SP 24 8�26
963 Lions Ridge Loop, #535
Vail, CO 81657
This letter serves to state the intentions of the owner, Joe Michaeli, to renovate his condominium
located at the above address.The unit, #535, in a two story, 3 bedroom, 3 bath condominium.
The unit sits on top of a concrete block single story mechanical room for the complex's pools
and hot tubs and a storage room.The unit has one single story party wail the is adjacent to
another unit.
The renovation project consists of primarily a complete interior renovation.There will be no
changes to the existing exterior siding or roofing materials.There wili be no changes to the
existing exterior structure. There wili be no changes to the existing GRFA.
The only exterior work to be done is to change the existing doors and windows to match those
that were installed in the previous phases of the Breakaway West renovations. Most of the door
and window openings are remaining the same size, however there are some proposed changes
to window and door locations and configurations. These changes are shown in the architectural
floor pian and elevations submitted with this application.
The new exterior doors and windows will be wood framed, aluminum clad units.The cotor wili be
to match the color of the existing units used in the previous phases of the renovations.
The trim around the new exterior windows and doors will be temporary 2x8 wood.The existing
siding will remain intact. Once the 500 Building of Breakaway West goes through its future
renovation through the HOA, the temporary wood trim will be removed and new trim will be
installed.
Following are pictures of the existing building;
1202_Michaeli_letter-of-intent_04-1312.docx Poge 1 of 4
LETTER mpp desiqn shop
PO Box 288
095 Willowstone Place
Gypsum, CO 81637
c 970-390-4931
michael@mppdesiqnshop com
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North and West elevations of Unit #535
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West and North elevations of Unit #535
1202_Michaeli_letterof-intent_041�12.docx Page 2 of 4
� LETTER �pp desiqn shop
PO Box 288
095 Willowstone Place
Gypsum, CO 81637
c 970-390-4931
michael@mppdesignshop.com
" '��"��=rfi'�„. � 5€ � ' .
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South elevation and roof lines of Unit #535
1202_Michaeli_letterof-intent_04-1312.docx Page 3 of 4
' LETTER mpp desiqn shop
� PO Box 288
095 Willowstone Place
Gypsum, CO 81637
c 970-390-4931
michael@mppdesignshop com
u . �.�.
�..,. - -
�
. :n:.:
:h�.�•'G,�',�.:
•;�� .
b.1,��� '�� _
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� ,t rl`i '�r1"�� . . . _ __�. �—ylr�'a- ..
St -
Existing window configurptions and colors used in previous renovUti�r� phases
Thank you for your consideration.
Respectfully,
SIGNED: Michael P Pukas
1202_Michaeli_IetTer-of-intent_041312.docx Page 4 of 4