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Home My WebLink AboutDRB120371 Project Name:MILL CRK PROP NEW SFR DRB Number: DRB120371 Project Description: NEW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE (CURRENTLY A/B PARCELS). Participants: OWNER MILL CREEK PROPERTY LLC 08/14/2012 5310 WARD RD STE G1 ARVADA CO 80002-0829 ARCHITECT K.H. WEBB ARCHITECTS PC 08/14/2012 Phone: 970-477-2990 710 WEST LIONSHEAD CIR, UNIT A VAIL CO 81657 License: C000001627 APPLICANT MILL CREEK PROPERTY LLC 08/14/2012 5310 WARD RD STE G1 ARVADA CO 80002-0829 Project Address:305 MILL CREEK CR VAIL Location: Legal Description:Lot: 3 Block: 1 Subdivision: VAIL VILLAGE FILING 1 Parcel Number:2101-082-4800-3 Comments:SEE CONDITIONS BOARD/STAFF ACTION Motion By:Kjesbo Action: APPROVED Second By:Gillette Vote:5-0-0 Date of Approval: 09/25/2012 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: CON0012830 1)The applicant shall submit revised plans in conjunction with the building permit submittal depicting the pool extending no more than 5 feet into the watercourse setback. 2)The applicant shall obtain and provide written approval from Vail Resorts for the encroachments and improvements located upon the adjacent Vail Resorts property prior to issuance of building permit. 3)The applicant shall submit revised plans in conjunction with the building permit submittal depicting the addition of boulders to the base of the north retaining wall. 4)The applicant shall submit revised plans in conjunction with the building permit submittal depicting an undulating top-of-wall so as to not result in a consistent top-of-wall elevation. Planner: DRB Fee Paid: $650.00 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 New Construction General Information: This application is for all new construction. Applicable Vail Town Code sections can be found at www.vailgov.com under Vail Information – Town Code Online. All projects requiring design review must receive approv- al prior to submitting a building permit application. An application for Design Review cannot be accepted until all re- quired 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 permit is issued and construction commences. Fee: $650 V Single Family I Duplex Multi - Family Commercial AV low ON1,00, Physical Addres Parcel Number' E WI'=zI M (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) 7',roperty Owner:- Mailing Address: 5I/ j j /ao lop j/ i :241 4 W Owner's Signature: *Q&Z, cL AM4• C)LH wtkb Primary Contact/ Owner Representative: Mailing Address: -110 WO�T— L((o5ajgv Cdgz Phone: E -Mail: !1 UtUp. XM Fax: Y77 For Office Use Only: ti TOWN OF VAIL Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # �99`5 Fee Paid: t � , �O Received From: QK 14 . I A)C-AR Meeting Date: DRB No.: bR 1 3, Z) -�) I I Planner: K- _p Project No: To ID — nags Zoning: Land Use: Location of the Proposal: Lot:�3 Block: l Subdivision: VA 1L V I LL 16 C'l 1104 1 Property Information Property Address RIU/ G/p,ac r -f- 05 "l Parcel # Z10 Q Z 003 D / �Z �D Legal Description �V s, Development Site Area sq ft �QD 2, U acres ' 2.SSv U buildable sq ft l2 5VV Secondary sq ft Zone District / SDD # 6 AV Vi v0oe 1,W n U;4 to Hazard Zones Sections 12 -21 & 14 -7 SnowAvolonche r High Severity Moderate Severity [ N/A Debris Flow (- High Flow Moderate Flow rHigh Avalanche N/A Rock fall ("High Severity j Medium Severity F_ N/A Excessive Slopes r; 230% N/A Floodplain 100 year floodplain Floodway I Wetlands I N/A Creeks, Streams Section 12 -14 -17 Gore Creek [-on sites, '• r adjacent to site N/A Other tributary: miW on site I adjacent to site N/A Project Information Project Description Nap f'01411� jVj � &Yrh, TV 9010M * 4W FXL Development Standards Allowed Existing Proposed Gross Residential Floor Area (maximum) Chapter 12 -15 Primary sq ft v VA �v L Secondary sq ft Nlk- EHU sq ft TOTAL sq ft '55751- 250 Addition F- Interior Conversion Credits: &00 ��'� Setbacks (minimum) Front ft Gt/ Section 14 -10 -4 Side ft ,157' � Side ft /,5, Rear ft Watercourse ft !, Site Coverage (maximum) see definition Section 12 -2 -2 G Building Height (maximum) see definition Section 12 -2 -2 Sloping ft Flat ft D r ?J�' Landscaping See definition Section 14 -2 -1 Section 14 -10 -8 Softscape sq ft ° Hardscape sq ft ° TOTAL sq ft Driveway Max Curb -cuts J / Sections 14 -3 -1 & 14 -3 -2 Max Grade @ cen- terline l DVIG PWV /I Min Width ZGI OXY �r Heated drive? IL4es ( No [p es F_No Snow Storage % Parking Sections 12 -10 & 14 -5 #Enclosed Spaces #Unenclosed TOTAL 5 r l f•�D�d -fin hDV 54 unenGlO Outdoor Lighting (maximum) Section 14 -10 -7 # fixtures 2, C f-i$ `Mr) { ZC �� It f n ,, i. 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 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. , f Subject Property Address: t3 =. Ylllil l rG� Lot Block J_ Subdivision:la� t1 i Primary Cont tI Owner Repr sentative: Phone:000 A Plans Dated:' Primary Contact/Own �L r Represen a ive igna ure 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. Authorized Signature Comments Date CENTURY TEL 970.468.6860(tel) vk-"L2 -9c1i2t6PC &er j,Q 2 - C Tt r( p 970.468.0672(fax) Contacts: Samuel Tooley ,& —r � (Fc c samuel.@enturlink.com (�rt"r— fc ,►�.S�V7�' f oAy u1Qu XCEL HIGH PRESSURE GAS 970.406.1309 (tel) 970.468.1401 (fax) Contact: Ron Bureta ronnie.i.bureta2>�celeneergy.com HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4038 (fax) 970.262.4050 (tel) Contacts: Louise Timson louise.timsontc?xcelenergy.com EAGLE RIVER WATER & SANITA- TION DISTRICT 970.477.5435 (tel) 970.477.5434 (fax) Contact: Tug Birk tbirk aenwsd.org COMCAST CABLE 970.390.4713 (tel) 970.468,2672 (fax) Contact: Michael Johnson Michael—iohnson@cable.comcast.com COOT (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. 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 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. if you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 302 Mill Creek Circle Primary Contact / Owner Representative: Pam Hopkins Primary Contact/Owner Representative Signature Lot 7 Block Subdivision: VV 1st Phone: 970 -376 -6469 Plans Dated: 0512312012 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. Authorized Signature Comments Date CENTURY TEL 970.468.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley sa mue I .tooley @gwest.com XCEL HIGH PRESSURE GAS 970.262.4076 (tel) /C 0 fi� V Cat 970.468.1401 (fax) S S v r Contact: Rich Sisneros richard,sisneros@xcelenergy.com { Q 1 HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom @holycross.com XCEL Energy 970.262.4038 (fax) 970.262.4050 (tel) Contacts: Louise Timson Iouise.timsonCo)xcelenergy.com EAGLE RIVER WATER & SANITA- TION DISTRICT 970.477.5435 (tel) 970.477.5434 (fax) Contact: Tug Birk tbirk(aerwsd.org COMCAST CABLE 970.930.4713 (tel) 970.468.2672 (fax) Contact: Michael Johnson Michael-johnson@cable.comcast.com COOT (Only in COOT 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. 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 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: t31 Ml l V rd- -Lot_,3_ Block _ Subdivision:�w Primary Cont t / Owner Repr sentative:��g .Q_. Phone: 900 77 Plans Dated: A 0 1 i Q tv Primary ContaEt Own r Represen a rve iM gnafure / 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. Authorized Signature Comments Date CENTURYLINK 970.468.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley samuel.toole acentu link.com XCEL HIGH PRESSURE GAS 970.262.4076 (tel) 970.468.1401 (fax) Contact: Rich Sisneros richardsisnerosnaxcelener .com HOLY CROSS ENERGY 970.947.5425 (tel) 970.945.4081 (fax) 7117112 Contact: Jeff Vroom vroom ahol cross.com XCEL Energy 970.262.4024 (tel) 970.262.4038 (fax) Contacts: Ronnie Bureta ronnie..bureta axcelener .com EAGLE RIVER WATER & SANITA- TION DISTRICT 970.477.5435 (tel) 970.477.5434 (fax) Contact: Tug Birk tbirk e wsd.or COMCAST CABLE 970.619.0752 (tel) 970.468 -2672 (fax) Contact: Tony Hildreth tonv hildreth cable.comcast.com COOT (Only in CDOT Right -of -way) 970.683.6284 (tel) Contact: Dan Roussin Daniel. roussimiclot.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. 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 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within thattt,tttimeframe please contact The Town of Vail. Subject Property Address: biz ►rJ +�� % 'rG�Lot Block Subdiv €slon:�uiIlq� Primary Cont t Owner Repr sentative: r �ea ta -e, Phone: Oil 0 A "7% V,A k_4 —agq D Plans Dated: 0 LC 1 j Primary Contac Own r Represen a ve igna ure / 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. Authorized Signature Comments ate CENTURY TEL 970,468.6860(tel) 970,468.0672(fax) Contacts: Samuel Tooley samuel,toolev @centuryllnk.com XCEL HIGH PRESSURE GAS 970.406.1309 (tel) 970.468.1401 (fax) Contact: Ron Bureta ronnie,j.bureta @xcelenergy.com HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) -- -- - - - - - -_ __ Contact: Jeff Vroom ivroom @holycross. com XCEL Energy 970.262.4038 (fax) 970.262.4050 / o / ', % 2 (�c �� f a45 �� (tel) Contacts: Louise Tlmson /`�� Ioulse.timson@axcelenergy.com EAGLE RIVER WATER & SANITA- TION 970.477.543R5 (te) �� !7!/( �j,O �G'�/ 970.477.5434 (fax) Contact: Tug Birk tbirk nerwsd.ora COMCAST CABLE 970.390.4713 (tel) 970.468.2672 (fax) Contact: Michael Johnson Michael-johnson@cable.comcast.com COOT (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. 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 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 1. it k rG�&ZLot_,3_ Block ,_ Subdivislon &L j 11q*¢ Primary Cont t Owner Rep sentative: Rhone: T 0 -49-r— 77 —a99 Plans Dated: 0 Primary Contac Own r Represen a ive igna ure N TE : 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. Authorized Signature Comments Date CENTURY TEL 970.468.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley samuel.toolev@centurvlink.com XCEL HIGH PRESSURE GAS 970.406.1309 (tel) 970.466.1401 (fax) Contact: Ron Bureta ronnle.t.buretaCaxceleneray.com HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@ holycross, com XCEL Energy 970.262,4038 (fax) 970,262.4050 (tel) Contacts: Louise Timson louise.timson @xceleneray.com EAGLE RIVER WATER & SANITA- TION DISTRICT 970.477.5435 () N DYU C 970.477.5434 (fax) 112- Contact: Tug Birk tbirk@erwsd.org COMCAST CABLE 970.390.4713 (tel) 970.468.2672 (fax) Contact: Michael Johnson Michael uhnson @cable.comcast.com CDOT (Only in CDOT Right -of -way) 970.683.6284 (tel) Contact: Dan Roussin Daniel. roussin @dot.state.co,us N TE : 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. 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 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 031 305' MilLbo —AL 'rC.L---ZLot___,3_ Block SubdivisionNoLi �fq� Primary Contact/ Owner Repr sentative: _ Phone: o ' 71 —,419 O Plans Dated: Primary Contac Own r Represen a rve igna ure 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 responslbiilty 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, Authorized Signature Comments Date CENTURY TEL 970.466.6860(tel) 970.468.0672(fax) Contacts: Samuel Tooley om1i_Q tooie Da centurvlink.com XCEL HIGH PRESSURE GAS 970.406.1309 (tel) 970.468.1401 (fax) Contact: Ron Bureta ronnie.i.buretanxcelenergy_com HOLY CROSS ENERGY 970.947.5471 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4038 (fax) 970.262.4050 (tel) Contacts: Louise Timson Iouise.timson@xcelenergy.com EAGLE RIVER WATER & SANITA- TION DISTRICT 970.477.5435 (tel) 970.477.5434 (fax) Contact: Tug Birk tbirkCnlerwsd.orp 0 COMCAST CABLE 970.00.4713 (tel) 970.468.2672 (fax) Contact: Michael Johnson Michael 'ohnson @ca ble.comcast,com COOT (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 responslbiilty 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, stewart title Stewart Title - Edwards 97 Main Street, Ste W -201 View your transaction progress 24/7 via SureClose. Edwards, CO 81632 Ask us about your login today! Date: March 21, 2012 File Number: 01330 -4108- Amended No. C3 Buyer: Mill Creek Property, LLC Seller: Maurice O. Rhinehardt, as Successor Trustee of Colorado Land Trust Property: 303 Mill Creek Circle, Vail, CO 81657 Please direct all Closing inquiries to: Trudy Matarese P.O. Box 2000 - 97 Main St. Suite W -201 Edwards, CO 81632 Phone: (970) 926 -0230 Fax: (970) 926 -0235 Email Address: tmatares @stewart.com Please direct all Title inquiries to: Linda Williams Phone: (970) 766 -0234 Email Address: Iwilliam3 @stewart.com BUYER: Maurice O. Rhinehardt, as Successor Trustee of Colorado Mill Creek Property, LLC Land Trust 333 Key Palm Road Boca Raton, FL 33432 Delivery Method: Emailed Listing Agent: Slifer Smith & Frampton Real Estate 141 East Meadow Drive, Suite 206 Solaris at Vail Vail, CO 81657 Attn: Sue Rychel Phone: (970) 477 -5720 Fax: (970) 479 -2029 Email Address: srychel @slifer.net Additional Contact: Phone: Fax: E -mail Address: Delivery Method: Emailed Delivery Method: Emailed Selling Agent: Coldwell Banker Distinctive Properties 286 Bridge Street Vail, CO 81657 Attn: Kathy Cole Phone: (970) 476 -2113 Fax: (970) 476 -3084 Email Address: cole @vail.net Additional Contact: Phone: Fax: E -mail Address: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Fstewart title guaranty company STEWART TITLE GUARANTY COMPANY, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements, all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Lf/ A orized Countersignature Stewart Title - Edwards 97 Main Street, Ste W -201 Edwards, CO 81632 (970) 926 -0230 �stewart title guaranty company Q • $c � - -<E X Senior Chairman of the Board Chairman of the Board f �jr Copyright 2006 -2009 American Land Title Association. 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. 0 Vol R All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 01330 -4108 Page 1 of 2 stewart If-- 004-UN ALTA Commitment (6/17/06) < g—,a,,ry c---, r=. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http: / /www.alta.orgh. F-stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006 -2009 American Land Title Association. All rights reserved. .r� The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Al other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 01330 -4108 Page 2 of 2 - stevvaft _.0 004 -UN ALTA Commitment (6/17/06) g„a,anty co Y " COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330 -4108- Amended No. C3 1. Effective Date: March 08, 2012 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's 2006 (Extended) $6,100,000.00 Proposed Insured: Mill Creek Property, LLC (b) A.L.T.A. Mortgagee's Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Maurice O. Rhinehardt, As Successor Trustee Of Colorado Land Trust (SEE REQUIREMENTS HEREIN) 5. The land referred to in this Commitment is described as follows: Parcel B, A RESUBDIVISION OF LOT 3, BLOCK 1, VAIL VILLAGE FIRST FILING according to the plat recorded February 24, 1986 in Book 436 at Page 981 as Reception No. 333234 COUNTY OF EAGLE, STATE OF COLORADO. Purported Address: STATEMENT OF CHARGES 303 Mill Creek Circle These charges are due and payable Vail, CO 81657 before a policy can be issued Reissue Rate 2006 Owner's Policy: $4918.00 Owner's Extended Coverage: $50.00 Tax Certificate: $20.00 Copyright 2006 -2009 American Land Title Association. 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. �,} } File No. 01330 -4108 Page 1 of 1 JIeWC� l CO STG ALTA Commitment Sch A STO , , COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART File No.: 01330 -4108 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment 5. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 7. Compliance with the Right of First Refusal as set forth in the Declaration and Certificate verifying that such compliance has been performed: Said Declaration of Covenants recorded February 24, 1986 in Book 436 at Page 982 as Reception No. 333235, and amendments thereto recorded April 21, 1986 in Book 440 at Page 105 as Reception No. 336354. 8. [Intentionally deleted.] deed of trust released 9. Release by the Public Trustee of the Deed of Trust from Maurice O. Reinhardt and Colorado Land Trust for the use of US Bank National Association to secure $3,710,107.00, recorded January 31, 2011 as Reception No. 201101862. 10. Release by the Public Trustee of the Deed of Trust from Colorado Land Trust and Maurice O. Rhinehardt for the use of US Bank National Association to secure $3,710,107.00, recorded June 6, 2011 as Reception No. 201110102. 11. lo-Trust Agreement for The Mountain Trust. NOTE: Trust Agreement is required to ascertain the successor trustee to Paul C. Wolfe. NOTE: TRUST AGREEMENT WILL NOT BE RECORDED 12. ► Execution by Authorized Successor Trustee of The Mountain Trust, of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S. 13. ► Deed from the Successor Trustee for The Mountain Trust to Maurice O. Rhinehardt, As Successor Trustee Of Copyright 2006 -2009 American Land Title Association. All rights reserved. ♦M4 \I(AM The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. IAWO MIS All other uses are prohibited. Reprinted under license from the American Land Title Association, Ywi ui +:. File No. 01330 -4108 Page 1 of 2 stewaft CO STG ALTA Commitment Sch B I - - t� q1 —olt" �,— COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART Colorado Land Trust. NOTE: This Deed is required due to the fact that Paul C. Wolfe, as Trustee for The Mountain Trust acquired title to subject property by deed recorded in Book 482 at Page 7, however, the next conveyance in deed recorded December 2, 1991 in Book 568 at Page 131, the Grantor is Paul C. Wolfe, as Trustee for an unnamed Trust. NOTE: Trust Affidavit for The Mountain Trust, recorded May 27, 1987 in Book 463 at Page 311 discloses Paul C. Wolfe, as the Trustee authorized to deal with real property. 14. Correction Deed from Maurice O. Rhinehardt, As Successor Trustee Of Unnamed Trust to Maurice O. Rhinehardt, As Successor Trustee Of Colorado Land Trust, to correct deed recorded June 17,2 010 as Reception No. 201012244. NOTE: This Deed is required because there is no date on the deed nor date in the acknowledgment of the deed. 15. Trust Agreement for the Colorado Land Trust. NOTE: SAID AGREEMENT WILL NOT BE RECORDED Statement of Authority for Colorado Land Trust uad October 10, 1990, recorded June 17, 2010 as Reception No. 201012243 discloses Maurice O. Rhinehardt, Trustee, If there are changes in the Trustee, a new Statement will be required. 16. ► Relating to Mill Creek Property, LLC, The Company requires for its review the following: a) Copy of the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S. 17. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38 -35 -109 (2). Copyright 2006 -2009 American Land Title Association. 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. „ AJI other uses are prohibited. Reprinted under license from the American Land Title Association. �}I `�.} ,. File No. 01330-4108 Page 2 of 2 stew l F CO STG ALTA Commitment Sch B I -rt0 "o-1, �,'—" COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330 -4108 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. 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. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded in Book 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. 11. Protective Covenants recorded August 10, 1962 in Book 174 at Page 179 and all amendment thereto. 12. All matters shown on the recorded plat of Vail Village First Filing. 13. Easement recorded March 28, 1966 in Book 192 at Page 313. 14. Encroachment Easement Grant recorded February 12, 1986 in Book 436 at Page 324 as Reception No. 332577. 15. All matters shown on the plat of A Resubdivision of Lot 3, Block 1 Vail Village First Filing recorded February 24, 1986 in Book 436 at Page 981 as Reception No. 333234. 16. Declaration of Covenants recorded February 24, 1986 in Book 436 at Page 982 as Reception No. 333235, and amendment thereto recorded April 21, 1986 in Book 440 at Page 105 as Reception No. 336354. Copyright 2006 -2009 American Land Title Association. All rights reserved. cwt— The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Lug Trru All other uses are prohibited. Reprinted under license from the American Land Title Association. ��,} File No. 01330-4108 Page 1 of 1 a1 L CO STG ALTA Commitment Sch B 11 STO -crce gua—,ty cow y DISCLOSURES File No.: 01330 -4108 Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Edwards conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policv when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and /or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10 -11 -123, the Company makes the following disclosure: That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330 -4108 CO Commitment Disclosure STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the 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 types 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 —to 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 Companies 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 No We don't share creditworthiness. For our affiliates to market to you Yes No For non - affiliates to market to you. Non - affiliates are companies not related by No We don't share common ownership or control. They can be financial and non - financial companies. 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 notices.) 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 measures include computer, file, and building safeguards. How do the Stewart Title Companies 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 If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330 -4108 Page 1 of 1 � .d stewa,rt title Stewart Title - Edwards 97 Main Street, Ste W -201 View your transaction progress 24/7 via SureClose. Edwards, CO 81632 Ask us about your login today! Date: March 21, 2012 File Number: 01330 -4107- Amended No. C2 Buyer: Mill Creek Property, LLC Seller: Jay Levine and Mary Ann Childers Property: 305 Mill Creek Circle, Vail, CO 81657 Please direct all Closing inquiries to: Please direct all Title inquiries to: Trudy Matarese P.O. Box 2000 - 97 Main St. Suite W -201 Edwards, CO 81632 Phone: (970) 926 -0230 Fax: (970) 926 -0235 Email Address: tmatares @stewart.com 6 .1=111111:11:4 Jay Levine and Mary Ann Childers 222 E. Chestnut Street, Apt. 19A Chicago, IL 60611 Email Address: airlevine @aol.com Delivery Method: Emailed Listing Agent: Slifer Smith & Frampton Real Estate 141 East Meadow Drive, Suite 206 Solaris at Vail Vail, CO 81657 Attn: Sue Rychel Phone: (970) 477 -5720 Fax: (970) 479 -2029 Email Address: srychel @slifer.net Additional Contact: Phone: Fax: E -mail Address: Delivery Method: Emailed Linda Williams Phone: (970) 766 -0234 Email Address: Iwilliam3 @stewart.com BUYER: Mill Creek Property, LLC Delivery Method: Emailed Selling Agent: Coldwell Banker Distinctive Properties 286 Bridge Street Vail, CO 81657 Attn: Kathy Cole Phone: (970) 476 -2113 Fax: (970) 476 -3084 Email Address: cole @vail.net Additional Contact: Phone: Fax: E -mail Address: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. TA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by s --- title guaranty company STEWART TITLE GUARANTY COMPANY, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: W A orized Countersignature Stewart Title - Edwards 97 Main Street, Ste W -201 Edwards, CO 81632 (970) 926 -0230 Lgtq rt an title guaranty company Senior Chairman of the Board r $Q~' c01Lf0 #4A %4:= Chairman of the Board Igoa 4 President Copyright 2006 -2009 American Land Title Association. All rights reserved. ra The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. tt nflI All other uses are prohibited. Reprinted under license from the American Land Title Association. stew wt i±.ueuryow File No.: 01 33 0 -41 07 Page 1 of 2 stew i't 004-UN ALTA Commitment (6/17/06) vt» quranty oonv" A. , { CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http: / /www.alta.orah. F-stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006 -2009 American Land Title Association. 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. Al other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 01330 -4107 Page 2 of 2 stewart 004 -UN ALTA Commitment (6/17/06) q a. ry rte_ Y ♦. COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330 -4107- Amended No. C2 1. Effective Date: March 08, 2012 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's 2006 (Extended) $8,000,000.00 Proposed Insured: Mill Creek Property, LLC (b) A.L.T.A. Mortgagee's Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Jay Levine and Mary Ann Childers 5. The land referred to in this Commitment is described as follows: Parcel A, A RESUBDIVISION OF LOT 3, BLOCK 1, VAIL VILLAGE FIRST FILING according to the plat recorded February 24, 1986 in Book 436 at Page 981 as Reception No. 333234 COUNTY OF EAGLE, STATE OF COLORADO. Purported Address: STATEMENT OF CHARGES 305 Mill Creek Circle These charges are due and payable Vail, CO 81657 before a policy can be issued Reissue Rate 2006 Owner's Policy: $6200.00 Owner's Extended Coverage: $50.00 Tax Certificate: $20.00 Copyright 2006 -2009 American Land Title Association. 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. , File No. 01330 -4107 Page 1 of 1 eW f _ CO STG ALTA Commitment Sch A STO ;.., a -,, :. :: ,. >` 1 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART File No.: 01330 -4107 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment 5. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 7. Compliance with the Right of First Refusal as set forth in the Declaration and Certificate verifying that such compliance has been performed: Said Declaration of Covenants recorded February 24, 1986 in Book 436 at Page 982 as Reception No. 333235, and amendments thereto recorded April 21, 1986 in Book 440 at Page 105 as Reception No. 336354. 8. Release by the Public Trustee of the Deed of Trust from Jay Levine and Mary Ann Childers for the use of JPMorgan Chase Bank to secure $1,643,410.00, recorded December 2, 2010 as Reception No. 201024267. 9. Relating to Mill Creek Property, LLC, The Company requires for its review the following: a) Copy of the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38 -35 -109 (2). Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of t his Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use :��Tv TI TIt All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330 -4107 Page 1 of 1 - StWrclft CO STG ALTA Commitment Sch B I . ae gutuuMycor y .q COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330 -4107 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. 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. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded in Book 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. 11. Protective Covenants recorded August 10, 1962 in Book 174 at Page 179 and all amendment thereto. 12. All matters shown on the recorded plat of Vail Village First Filing. 13. Encroachment Easement Grant recorded February 12, 1986 in Book 436 at Page 324 as Reception No. 332577. 14. All matters shown on the plat of A Resubdivision of Lot 3, Block 1 Vail Village First Filing recorded February 24, 1986 in Book 436 at Page 981 as Reception No. 333234. 15. Declaration of Covenants recorded February 24, 1986 in Book 436 at Page 982 as Reception No. 333235, and amendment thereto recorded April 21, 1986 in Book 440 at Page 105 as Reception No. 336354. Copyright 2006 -2009 American Land Title Association. 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. Al other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330 -4107 Page 1 of 1 CO STG ALTA Commitment Sch B 11 STO �ranty — rr DISCLOSURES File No.: 01330 -4107 Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Edwards conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policv when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and /or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10 -11 -123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330 -4107 CO Commitment Disclosure 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 the 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 types 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 —to 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 Companies and responding to court orders and legal investigations. collect my personal information? • request insurance - related services 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 or other comp anies. What sharing can I limit? transactions and experiences. Affiliates are companies related by common Yes No ownership or control. They can be financial and non - financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non - affiliates to market to you. Non - affiliates are companies not related by No We don't share common ownership or control. They can be financial and non - financial companies. 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 notices.] 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 measures include computer, file, and building safeguards How do the Stewart Title Companies 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 comp anies. 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 Comoanv. 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330 -4107 Page 1 of 1