HomeMy WebLinkAboutDRB120318 APPLICATION RECEIVED
Department of Cammunity Development
TQ WN O F VA f L Z1 7�so�,tn ��o�,ta�e Ro�d
TOWN 0� �'AdL va��, co s�ss7
0 7/2 3/2 012 10 : 5 2 am Tel: 970-479-2�28
www.vailgo�.com
Development Review Coardinator
Application for Design Review
�lew Construction
General Information: This application is for all new construction. Appficaiale Vail Town Code sections can be found at
wwvw.va€��ov.com under Vai1 Infarrnatiar�-Towr� Code Online. All prajects ret�uiring design review rnust recei�e ap�rav-
al prior ta submitting a buFlding permit application. An application fflr Design Review cannot be accepted until alf re-
quired inforrnatior� is received by the Cammunity pevelopment Department, as outlined in tf�e submittal requirements.
The praject may also need to b�reviewed by the Town Gouncil andlar the Planning and Enviranrt�ental Commission.
Design re�iew approWal�xpires one year frorr�the date o€apprQVal, unless a building permit is issued and cons#ruction
cammences.
Fee: $650
; _ _.. ,___ , �_.
Single Family Duplex Multi-Family ' Gommercial
QescrFption of the Request: ��w Construction of Dupl�x
PhySfC�l Address: 2$Q� ��awberry Drive, West Vail, Calorado
Parcel Number; 2101-142-01-039 (Contact Eagle Co.Assessor at 970-328-8644 for parcei no.)
Praperty Qwner: �°�ntain C.I. Holdings Limited
Mail�t�g Address: �480 Sandhill Drive, Unit 4, Ar�caster, ON L9G4V5 CANADA
Phone: {��� ��� � ��7� �'
Owner's Signature:
Prirnary Con#actJ`Own�r Representative: �arEin Manl�y Architects, Jeffrey P Manley�iA
Mailing Address: �� g°'� ��$�� Eagle Gt}81631
Phone: 970-328-1299
E-Mail: Jeff@martinmanleyarchitects.com Fax� 970-328-1273
For 4ffice Use Oniy:
Cash� CC: Visa MC Last 4 CC# 4 5 41 �xp. Date: 0 2/13 Auth # 4 5 4 4 7 2 Check#
` Fee Paid: $650 . 00 Received From: JEFFREY P . MANLEY
Meeting Da#e: DRB No.: DRB 12 3 018
Pfanner: Praject Na: PRJl 2-0 3 9 8
Zoni�ng: Land €Jse:
Location af the Propbsal: Lot: 9 Block: 9 Subdivision: VAIL INTERMOUNTAIN
.��
MAR �' I N MA� IV LEY
AsRCF11TECTS
Date: 07-23-2012
Town of Vail
Comm. Dev. /Building Department
Warren Campbell
Vail, CO
RE: Project Narrative for Lot 9, Block 9, 2801 Snowberry Drive, Vail Intermountain Sub
Parcel #2101-142-01-039
Dear Mr Campbell,
Martin Manley Architects has prepared drawings for the review by the Planning Department and Design
Review Board for a new Duplex residence at 2801 Snowberry Drive, Lot 9, Block 9, of the Vail
Intermountain Subdivision. The property is a steep downward loading site which limits the location of
the home. the site is �arge and we are proposing that only the top 31°/o be disturbed for the
construction of this project. The project meets the standards as laid out in Section 12-21-12 for
allowing the garage to be within the front setback and the project proposes to take advantage of this
allowance to make the project more buildable due to the steepness of the lot.
The project is a modern interpretation of the mountain style demonstrating strong gable forms with shed
dormer accents. The overall project size is a GRFA 6903 SF divided into primary and secondary units
as allowed by the existing zoning.
Please review the project drawings and documents that have been submitted on 7-23-12 for the design
Review Board meeting on 08-15-12. Please feel free to contact me if you have any questions
regarding this submittal.
Thank you,
Jeffrey P Manley, AIA
� � .
. - - .
. •• ;. .. - . . . . :
Property Information
Property Address 2801 Snowberry Drive
Parcel# 2103-143-01-039
Legal Description Lot9, Block 9, Vail intermountain Sub
Development Site Area sq ft acres buildable sq
41,142.42 .9445 ft 29,793.97
Zone District/SDD#
Hazard Zones SnowAvalanche High Severity Moderate Severity [r N/A
Sections 12-21& 14-7 Debris Flow High Flow � Moderate Flow ' High Avalanche � N/A
Rock fall � High Severity ` Medium Severity � N/A
Excessive Slopes � ?30% N/A
Floodplain � 100 year floodplain � Floodway r Wetlands J� N/A
Creeks,Streams Gore Creek I on site adjacent to site � N/A
Section 12-14-17 Other tributary: " on site � adjacent to site f N/A
Project Information
Project Description
Duplex Residence
Development Standards Allowed Existing Proposed
Gross Residential Floor Area Primary sq ft 5,471.1 0 3,547
(maximum) Secondar s ft
Chapter 12-15 y a 3,647.4 3,356
EHU sq ft
TOTAL sq ft 9118.5 6,903
°250 Addition — Interior Conversion
Credits:
Setbacks(minimum) Front ft 20 20
Section 14-10-4 Side ft
15 15
Side ft 15 15
Rear ft 15 15
Watercourse ft N/A
Site Coverage(maximum) g22g.484 4,702
see definition Section 12-2-2
Building Height(maximum) Sloping ft 33 32'-9 1/2��
see definition Section 12-2-2 Flat ft
Landscaping Softscape sq ft 24,685.5 34,580.42
See definition Section 14-2-1 Hardscape sq ft
Section 14-10-8 1,860
TOTAL sq ft 36,440.42
Driveway Max Curb-cuts 2
Sections 14-3-1& 14-3-2 Max Grade @ cen-
terline 5%
Min Width 14'-6"
Heated drive? �� Yes ", No Yes 'r No
Snow Storage% 260/266
Parking #Enclosed Spaces
Sections 12-10&14-5 #Unenclosed 2,.5=3 per unit 2,1=3 per unit
TOTAL
Outdoor Lighting(maximum) #fixtures
Section 14-10-7 5 per unit
Date:July 18, 2012
MOUNTAIN C.I. HOLDINGS LIMITED, AN ONTARIO CORPORATION
1480 SANDHILL DRIVE, UNIT 4
ANCASTER, ONTARIO L9G4V5
Subject: Attached Title Policy V50033318
for 2801 SNOWBERRY DRIVE AKA LOT 9 BLK 9 VAIL INTERMOUNTAIN DEV. SUB VAIL
Enclosed piease find the Owner's Title Insurance Policy for your purchase of the
properly listed above.
This title policy is the final step in your real estate transaction, and we want to take
a moment to remind you of its unportance. 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 45 years, with offices
throughout the state, we take pride in serving our customers 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 will 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 refinance the property described in the enclosed policy.
Thank you for giving us the opportuniry to work with you on this transaction. We
look forward to serving you again in the future.
Sincerely,
Land Tit1e Guarantee Company
Owne�'s Policy of Title �nsu�ance
issuEO er
First American Title Insurance Company
ANY NOTICE OF CLAIM AND ANY OTHER NOTIGE OR STATEMENT IN WRITING REQUIREO TO BE GIVEN T�THE COMPANY UNDER THIS P�IICY MUST BE 61VEN TO THE COMPANY
AT THE ADDRESS SHOWN IN SECTION 18 OF THE C�NOITIONS.
COVERED RISKS
SUBJEGT TO THE EXCLUSI�NS FROM COUERA6E,THE EXGEPTIONS FROM GOVERA6E GONTAINED IN SGHEDULE B AND THE CONOITIONS,FIRST AMERICAN TITIE INSURANCE
GOMPANY,a California corporatian(the"Gompany")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Uate of Policy,against loss or damage,
not exceeding the Amount nf Insurance,sustained or incurred by the Insured 6y reason of:
1. Title 6eing vested ather than as stated in Sehedule A.
2. Any defect in or lien or eneumbrance on the title;This coveretl Risk includes but is not limited to insurance against loss from
(a}A defect in the Title caused 6y
ii)forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii1 failure of any person or Entity to have autharized a transfer ar canveyance;
(iii)a document affecting Titie not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv1 failure to perform those acts necessary to create a dacument by electronic means authorized by Iaw;
(v)a document executed under a falsified,expired,or otherwise inualid power of attorney;
Ivi)a document not properiy filed,reeorded,or indexed in the Pu6lic Records including failure to perform those acts by electranic means authorizetl by law;or
{vii)a defective judicial or administrative proceeding.
IbM The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or paya6le,6ut unpaid.
tc)Any encroachment,encumbrance,�iolation,variation,or adverse circumstance affecting the Title that wnuld 6e disclosed 6y an accurate and complete land survey of the
Land.The term"encroachment"includes encroachments of existing improuements located on the Land onta adjoining land,and encraachments onto the Land of existing
improvements located on adjoining land.
3.Unmarketa6le Title.
4.No right af access to and from the land.
5.The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zaningl restricting,regulating,prohibiting,ar relating to
ia)the accupancy,use or enjoyment of the land;
(6)the character,dimensions,or location of any improvement erected on the Land;
1c)the subdivisian of land;ar
(d)en�ironmental protection
if a notice,descri6ing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,6ut only to the extent of the violation or
enforcement referred to in that notice.
6.An enforcement action 6ased on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enfo�cement astion,describing any part of the
Land,is recorded in the Pu61ic Reeords,but only to the extent of the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise,descri6ing any part of the Land,is recorded in the Public Records.
8.Any taking by a governmentai hady that has occurred and is 6inding on the rights of a purchaser for value without Knnwledge.
9.Titie being vested ather than as stated in Schedule A nr 6eing defective
{a}as a result of the avoidance in whole ar in part,or from a court order prouiding an alternative remedy,of a transfer of all or any part of the title to nr any interest in
the Land accurring prior to the transaction vesting Title as shown in Schedule A 6ecause that prior transfer constituted a fraudulent nr preferential transfer under
federal 6ankruptcy,state insolvency,ar similar creditors'rights laws;or
(616ecause the instrument of transfer uesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insulvency,or
similar creditors'rights laws by reason of the failure af its recording in the Public Recnrds
G)to 6e timely,or
iii)to impart notice of its existence to a purchaser for value or ta a judgment or lien creditor.
10.Any defect in or lien ar encum6rance on the Title or other matter included in Govered Risks 1 through 9 that has 6een created or attached or has been filed or recorded in the
Pu61ic Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but anly to the extent provided in the
Conditians.
FIRST AMERICAN TITLE INSURANCE GOMPANY
issued through the Office of:
Land Title Guarantee Company �
610 WEST LIONSHEAD GIRGLE N200
VAIL,CO 81657
970•476•2251 Dennis J.6ilmore
President
� AM E AI CAN
` � LAND TI7LE
ASSOCIATION
Au horized Sign ture
�� Timothy Kemp
Secretary '"'
Copyright 2006-2412 American land Title Associarion.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association.
AO.FA.06(ALTA�6-17•O61 Couer Page 1 of 5
� EXCLUSIONS FROM COVERAGE
The foilowing matters are expressly excluded frnm the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that
arise by reasan of:
1.(a1 Any law,ordinance,permii,or governmental regulation(including those relating to building and zoningl restricting,regulating,prohibiting or relating to
(i)the occupancy,use,or enjoyment of the land;
(ii)the character,dimensions,or location of any improueme�t erected on the Land;
Iiiit the subdivision of land;or
(iv)environmental protection;
or the effect af an�violation of these laws,ordinances,or governmental regulations.This Exclusion 11a1 does not modify or limit the couerage pro�ided under
Gavered Risk 5.
(6)Any governmental police power.This Exclusion 1(6}does not modify or limit the coverage provided under Covered Risk 6.
2.Rights af eminent domain.This Exclusion does not modify or limit the coverage provided under Govered Risk 7 or 8.
3.�efects,liens,encumbranees,adverse claims,or other matters
(ai created,suffered,assumed,nr agreed to by the Insured Claimant;
(6}not Known to the Company,not recorded in the Public ftecords at Date of Policy,but Known to the Insured Glaimant and not disclosed in writing ta the
Company by the Insured Glaimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant,
{d)attaching or created suhsequent to Date of Policy thowever,this does not modify or limit the coverage provided under Covered Risk 9 and 101;or
(e)resulting in lass ar damage that would not have been sustained if the Insured Glaimant had paid value for the Title.
4.Any ciaim,by reason of the operation of federal bankruptcy,state insoivency,ar similar creditors'rights laws,that the transaction vesting the Title as shown in
Schedule A,is
(ai a fraudulent wnveyance or fraudulent transfer;or
Ib)a preferential transfer for any reason not stated in Covered Risk 9 af this policy.
5.Any lien on the Title for real estate taxes ar assessme�ts imposed by governmental authority and created or attaching between Oate of Poliey and the date of recording of
the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1.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 endorsement to this policy,increased by Section 8►b)nr
decreased by Sections 10 and 11 of these Conditions.
1b1"�ate of Policy":The date designated as"Date of Policy"in Schedule A.
(c)"Entity":A corporation,partnership,trust,limited lia6ility company,or other similar legal entity.
(d)"Insured":The insured named in Schedule A.
�iI The term"Insured"also includes
tA1 saccessors tn the Title of the insured 6y operatian of law as distinguished from purchase,including heirs,devisees,suNi�ars,personal
representatives,or next of kin;
16)successors to an Insured by dissolution,merger,consolidatian,distribution,or reorganization;
(G1 successors to an insured by its conuersion to anather kind of Entity;
ID)a grantee of an Insured u�der a deed delivered withaut payment of actual valaable consideration conveying the Title
{1}if the stoek,shares,mem6erships,ar other equity interests of the grantee are whollyowned 6y the named Insured.
(2)if the grantee wholly owns the named Insured,
(31 if the grantee is wholly-owned by an affiliated Entity of the named Insared,prouided the affiliated Entity and the named Insured are
both wholly-owned 6y the same persan or Entity,or
(4)if the grantee is a trustee or 6eneficiary of a trust created by a written instrument estabiished by the Insured named in Schedule A
for estate planning purposes.
(iii With regard to(A},t81,(G),and IU)reserving,hnwever,all rights a�d defensed as to any successnr that the Company would have had against any
predecessorinsured.
(e)"Insured Claimant":An insured claiming loss or damage.
(f)"Knawiedge"or"Known":Actual knowledge,not constructive knowledge or nntice that may 6e imputed to an insured by reason of the Public Records ar any
other records that impart contructive natice of matters affecting the Title.
(gM"Land":T6e land described in Schedule A,and affixed improvements that 6y law constitute real property.The term"Land"does not include any property 6eyond
the lines of the area described in 5chedule A,nor any right,title,interest,estate,or easement in a6utting streets,roads,avenue,alleys,lanes,ways,or
watervuays,6ut this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h)"Mortgage":Morigage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law.
Ii1"Pu61ic Records":Records established under state statutes at Oate of Policy for the purpose of imparting constructive notiee of matters relating to real property to
purchasers for value and withaut Knowledge.With respect to Govered Risk 51dt,"Public Records"shall also include environmental pratection liens filed in the
records of the clerk of the United States�istrict Court for the district where the land is located.
�j}"Title":The estate or interest described in Schedule A.
"Unmarketa6le Title":Title affected 6y an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be
released fram the obligation to purchase,lease,or lend if there is a contractual condition requiring the delivery of marketa6le title.
2.CONTINUATION OF INSURANCE
The couerage of this policy shall continue in force as of Uate of Policy in favor of an Insured,but only so long as the Insured retains an estate nr interest in the land,or
holds an o6ligation secured by a purchase money Mortgage given by a purchaser from the insured,ar aniy so long as the Insured shall have lia6ility by reason of
warranties in any transfer or conveyance of the Title.This policy shall not continue in force in favor of any purchaser from the insured of either(i)an estate or interest in
the Land,or{ii1 an o6ligation secured 6y a purchase mnney Mortgage given to the Insured.
AO.FA.06.2 Cnver Page 2 af 5
3.NOTICE OF G�AIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall natify the Company promptly in writing(ii in case of any litigatian as set forth in Sectian 51a1 of these Canditions,(ii)in case Knowledge shall come to
an Insured hereunder of any claim nf title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may 6e Iiable
by virtue af this policy,or(iiij if the Title,as insured,is rejected as Unmarketable Title.If the Gompany is prejudiced 6y the failure af the Insured Claimant to provide
prampt notice,the Company's lia6ility to the Insured Claimant under the policy shall 6e reduced to the extent nf the prejudice.
4.PROOF OF LOSS
In the event the Campany is unable to determine the amount of loss or damage,the Company may,at its option,require as a conditinn of payment that the Insured
Claimant furnish a signed proof of loss.The prnnf of Inss must descri6e the defect,Iien,encumbrance,or other matter insured against 6y this policy that cansitutes the
basis of Ioss or damage and shall state,to the extent possible,the 6asis of calculating the amaunt of the loss or damage.
5.DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Gompany,at its own cost and wiihout
u�reasanable delay,shall provide for the defense of an insured in litigation in which any third party asserts a claim covered by this policy adverse to the
Insured.This o6ligation is limited ta anly those stated causes of action alleging matters ins�red against by this policy.The Company shall have the right to
select counsel of its choice(su6ject to the right of the Insured to o6ject for reasona6le causel to represent the Insured as ta those stated causes of action.
It shail not 6e 1ia61e for and will not pay the fees nf any ather counsei.The Company will not pay any fees,costs,or expenses incurred by the Insured in the
defense of those causes nf action that allege matters not insured against 6y this poliey.
(b)The Company shall have the right,in addition to the options contained in Section 7 of these Conditions,at its own cost,to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desireable to establish the Title,as insured,ar to prevent nr reduce loss or
damage to the Insured.The Company may take any appropriate action under the terms of this policy,whether or not it shali 6e 1ia61e to the Insured.The
exercise of these rights shall not be an admission of lia6ility or waiuer of any prnvision of this policy.If the Cnmpany exercises its rights under this subsectian,
it must to so diligently.
Ic)Whenever the Company 6rings an action or asserts a defense as required or pennitted 6y this policy,the Gompany may pursue the litigation to a final
determination by a court of competent jurisdiction,and it expressiy reserves the right,in its sole discretion,ta appeal any adverse judgment ar order.
6.DUTY OF INSURED CLAIMANT TO COOPERATE
(ai In all cases where this palicy permits or requires the Gompany to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured
shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use,at its option,the name of the
Insured for this purpose.Whenever requested by the Gompany,the Insured,at the Company's expense,shall give the Gompany all reasanable aid(i)in
securing evidence,o6taining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and(iil in any other Iawful act that in the
opinion of the Company may he necessary or desirable to esta6lish ihe Title or any other matter as insured.if the Gompany is prejudicetl by the failure uf the
Insured to furnish the required cooperation,the Gompany's obligation to the Insured under the poliey shall terminate,including any liability or obligation to
defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation.
(b)The Gompany may reasona6ly require the Insured Claimant to suhmit to examination under oath by any autharized representative of the Campany and to
produce for examination,inspection,and copying,at such reasona6le times and places as may be designated 6y the autharized representative of the Gompany,
all records,in whatever medium maintained,including books,ledgers,checks,memoranda,correspondence,reports,e•mails,disks,tapes,and videas whether
bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage.Further,if requested 6y any authnrized representative of the
Company,the Insured Glaimant shall grant its permission,in writing,for any authorized representative af the Cumpany to examine,inspect,and cnpy all of
these records in the custody or control of a third party that reasonably pertain to the loss or damage.All information designated as confidential by the Insured
Claimant provided to the Gompany pursuant to this Section shall nnt 6e disclosed to others unless,in the reasonable judgment of the Company,it is necessary in
the administration of the claim.Failure af the Insured Ciaimant to su6mit for examination under oath produce any reasonably requested information,or grant
permission to secure reasanabiy necessary information from third parties as required in this subsection,unless prohibited by Iaw or gouemmental regulation,
shall terminate any liability of the Gompany under this policy as to that claim.
7.OPTIONS TO PAY OR OTHERWISE SETTLE GLAIMS;TERMINATION OF LIABILITY
In case of a claim under this policy,the Campany shall have the following additianal optians:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any cosis,attorneys'fees,and expenses incurred by the insured Claimant
that were authorized 6y the Gampany up to the time of payment or tender of payment and that the Company is o6ligated to pay.
Upon the exercise 6y the Gompany of this optinn,all lia6ility and obligations of the Company to the Insured under this policy,other than to make the payment
required in the su6section,shail terminate,including any liability or obligation ta defend,prasecute,or continue any litigation.
(b)To Pay or Othennrise Settle With Parties Other Than the Insured nr With the Insured Glaimant.
(i}To pay or atherwise settle with other parties for or in the name of an Insured Claimant any ciaim insured against under this policy.in addition,the
Company wiil pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authnrized 6y the Company up to the time of
payment and that the Gnmpany is o6ligated to pay;or
(ii1 To pay or otherwise settie with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys'fees,and
expensed incurred by the Insured Glaimant that were authorized 6y the Gompany up to the time of payment and that the Gompany is o6ligated to pay.
Upon the exercise by the Company of either of the options prouided for in suhsections(611i1 or(ii1,the Company's o6ligations to the Insured under this
policy for the claimed loss or damage,other than the payments required to be made,shall terminate,including any Iia6ility or obligation to defend,prosecute,or
continae any Iitigation.
8.DETERMINATION AND EXTENT OF LIABI�ITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage 6y
reason of matters insuretl against 6y this policy.
(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i)the Amount of Insurance;or
(ii)the difference 6etween the value of the Title as insured and the value of the Title subject to the risk ins�red against 6y this policy.
AO.FA.06.3 Cover Page 3 of 5
_—
(bM If the Company pursues its rights under Section 5 of these Conditians and is unsuccessful in establishing the Titie,as insured,
(i�the Amount nf Insurance shali be increased by 10°!0,and
(ii)the Insured Claimant shall haue the right to have the loss or damage determined either as of the date the claim was made by the Insured Glaimant
ar as of the date it is settled and paid.
(c}In addition ta the extent af lia6ility under►a)and{61,the Company will also pay those costs,attameys'fees,and expenses incurred in accordance with Sections
5 and 7 of these Conditions.
9.LIMITATION OF LIABILITY
(ai If the Company esta6lishes the Title,or removes the alleged defect,lien,or encum6rance,or cures the lack of a right of access to or from the Land,or cures
the claim of Unmarketable Title,all as insared,in a reasona6ly diligent manner hy any method,including litigation and the completion of any appeals,it shall
have fully performed its o6ligations with respect ta that matter and shall not 6e 1ia61e for any loss or damage caused to the Insured.
(6)In the euent af any litigation,including litigation 6y the Gompany or with the Gompany's consent,the Company shall haue na liability for loss or damage until
there has been a final determinatinn by a court of competent jurisdictian,and dispnsition of all appeals,adverse to the Title,as insured.
(c)The Company shali nat 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 Gompany.
10.REDUCTION OF INSURANGE;REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy,except payments made for costs,attomeys'fees,and expenses,shail reduce the Amount nf Insurance by the amount of the payment.
11.LIABIUTY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any palicy insuring a Mortgage ta which exception is taken in Schedule B or to which
the Insured has agreed,assumed,or taken subject,or which is executed 6y an Insured after Date of Policy and which is a charge or lien on the Title,and the
amount so paid shall 6e deemed a payment to the Insured under this policy.
12.PAYMENT OF LOSS
When Iia6ility and the extent nf loss or damage have been definitely fixed in accordance with these Gonditions,the payment shall 6e 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 entitied to the rights of the Insured Claimant in the Title
and all other rights and remedies in respect to the claim that the Insured Glaimant has against any person or property,to the extent of the amount of any
loss,costs,attorneys'fees,and expenses paid hy the Company.If requested by the Company,the Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies.The Insured Glaimant shail permit the Company to sue,compromise,or settie in the name of the
Insured Claimant and to use the name of the Insured Claimant in any transaction nr Iitigation involving these rights and remedies.
If a payment an account of a claim daes not fully cover the loss of the Insured Claimant,the Company shail defer the exercise of its right to recover until after
the Insured Glaimant shall haue recovered its Ioss.
(bt The Company's right of su6ragation includes the rights of the Insured to indemnities,guaranties,other policys of insurance,or 6onds,notwithstanding
any terms or conditions cantained in those instrume�ts that address subrogation rights.
14.ARBITRATIQN
Eiiher the Company or the Insured may demand that the claim or coniraversy shali he su6mitted to arbitratian pursuant to the Title Insurance Ar6itration Rules of the
American Land Title Association 1"Rules"}.Except as provided in the Rules,there shall 6e no joinder or consolidation with claims or cantroversies of other persons,
Ar6itrable matters may include,6ut are not limited to,any controversy or ciaim hetween the Company and the Insured arising out of or relating to this palicy,any
senrice in connection with its issuance or the breach of a policy provision,or to any other controversy or claim arising out of the transaction giuing rise to this policy.All
arbitra6le matters when the Amount of Insurance is 52,�0�,�00 or less shall be ar6itrated at the option of either the Company of the Insured.AII ar6itra6le matters
when the Amount of insurance is in excess of 52,000,000 shall be arbitrated only when agreed to by 6oth the Company and the Insured.Ar6itratian pursuant to this
policy and under the Rules shall be 6inding upan the parties.Judgment upon the award rendered 6y the Arbitrator(s)may be entered in any court of competent jurisdictinn.
15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT
(a)This palicy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the insured and the Gompany.In
interpreting any provision of this palicy,this palicy shall he construed as a whale.
(b1 Any claim or loss or damage that arises out of the status of the Title ar 6y any action asserting such claim shall be restricted to this palicy.
fc1 Any amendment of or endorsement to this policy must 6e in writing and authenticated 6y an autharized person,or expressly incorporated 6y
Schedule A af this policy.
1d1 Each endorsement to this policy issued at any time is made a part of this palicy and is su6ject to all of its terms and provisions.Except as the endorsement
expressly states,it does not Ii)modify any of the terms and provisions of the policy,iiil modify anp prior endorsement,liii}extend the Date of Policy,
or iivl increase the Amount of Insarance.
16.SEVERABI�ITY
In the event any prnvision of this poicy,in whole or in part,is held invalid or unenforceabe under applica6le law,the policy shall be deemed not to include that
provisian or such part held to be invalid,but all other prnvisinns shall remain in full force and effect.
AO.FAA6.4 Gover Page 4 of 5
17.CHOICE OF LAW;FORUM
!aI Choice of Law;The Insured acknowledges the Company has underwritten the risks covered 6y this policy and determined the premium charged therefor in
reliance upon the law affecting interests in real property and applicahle to the interpretation,rights,remedies,or enforcement of policies of title insurance of the
jurisdicton 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
aduerse to the Insured and to interpret and enforce the terms of this policy.In neither case shall the court or ar6itrator appiy its confliets of law principles to
determine the applicable Iaw.
(b)Choice of Forum;Any litigation or nther proceeding brought 6y the Insured against the Company must be filed oniy in a state or federal court within the
United States of America or its territories having appropriate jarisdistion.
18.NOTICES,WHERE SENT
Any natice of claim and any other notice or statement in writing required ta 6e giuen to the Cnmpany under this policy must be given to the Gompany at:
1 First American Way,Santa Ana,CA 92707,Attn:Ciaims Oepartment
ANTI-FRAUD STATEMENT:Pursuant to CRS 10-1-128(�(a),it is unlawful to knowingly provide false,incomplete,or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include
imprisonment,fines,denial of insurance and civil damages.Any insurance company or agent of an insurance company who knowingly
provides false,incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the
Colorado division of insurance within the department of regulatory agencies.
This anti-fraud statement is affixed and made a part of this policy.
This jacket was created electronically and consritutes on original document
AO.FA.06.5 Cover Page 5 of 5
LTG Policy No. TAAH50033318
Form AOIFA
Our Order No. V50033318 Schedule A Amount $410,000.00
Property Address: 2801 SNOWBERRY DRIVE AKA LOT 9 BLK 9 VAIL INTERMOUNTAIN DEV. SUB VAIL CO 816 7
l. Policy Date: May 21, 2012 at 5:00 P.M.
2. Name of Insured:
MOUNTAIN C.I. HOLDINGS LIMITED, AN ONTARIO CORPORATION
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
MOUNTAIN C.I. HOLDINGS LIMITED, AN ONTARIO CORPORATION
5. The land referred to in this policy is described as follows:
LOT 9, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, ACCORDING TO THE
RECORDED PLAT THEROF, 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. TAAH50033318
Form AO/FA
Our Order No. V50033318
Schedule B
This policy does not insure against loss or damage(and the Company will not pay costs, attomeys' fees or expenses)
which arise by reason of:
General Exceptions:
This policy does not insure against loss or damage by reason of the following:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land of that may asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encraachments, and any facts which a correct survey and
inspection of the Land would disclose, and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the Fublic Records.
5 (a) Unpatented mining claims; @) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under(a), (b), or(c) are shown by the
Public Records.
6. 2012 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, 1934, IN BOOK 123
AT PAGE 3.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, 1934,
IN BOOK 123 AT PAGE 3.
9. RESTRICTNE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED
IN INSTRUMENT RECORDED SEPTEMBER 06, 1972, IN BOOK 225 AT PAGE 315.
10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, BLOCK 9 RECORDED
SEPTEMBER 7, 1972 IN BOOK 225 AT PAGE 335.
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