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HomeMy WebLinkAboutDRB120550Project Name:KREIDLE LOFT ADDITION DRB Number: DRB120550 Project Description: LOFT ADDITION (INTERIOR CONVERSION) AND SKYLIGHTS Participants: OWNER KREIDLE, ZONA Z. 11/01/2012 5205 LAKESHORE DR LITTLETON CO 80123-1585 ARCHITECT BERGLUND ARCHITECTS 11/01/2012 Phone: 970-926-4301 PO BOX 2378 EDWARDS CO 81632 License: C000002069 APPLICANT KREIDLE, ZONA Z. 11/01/2012 5205 LAKESHORE DR LITTLETON CO 80123-1585 Project Address:122 E MEADOW DR VAIL Location: VILLAGE CENTER UNIT 5-J Legal Description:Lot: Block: Subdivision: VILLAGE CENTER Parcel Number:2101-082-0701-9 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPP Second By: Vote: Date of Approval: 11/30/2012 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: CON0012967 The applicant shall mitigate the impacts to employee housing caused by this 237 sq.ft. interior conversion addition pursuant to the provision of Chapter 12-24, Inclusionary Zoning, Vail Town Code. Planner:Bill Gibson DRB Fee Paid: $300.00 TOWN OF VAIL OCT 31 y, oovm TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970 -479 -2128 www.vailgov.com Development Review Coordinator Application for Design Review Additions - Residential or Commercial General Information: This application is required for all proposals involving the addition of any floor area, in- cluding net floor area and /or gross residential floor area (GRFA). This also includes proposals for 'residential 250 additions' and `interior conversions'. Applicable Vail Town Code sections can be found at www.vailgov.com under Vail Information — Town Code Online. All projects requiring design review must re- ceive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and /or the Plan- ning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Fee: $300 Single Family Description of the Request: Duplex Multi - Family Commercial Interior conversion of the existing unit to add a loft area and skylights. Addition of 255 sq ft of GRFA (Residential) or sq ft of net floor area (Commercial/ Office) Physical Address: Village Center, 124 Willow Bridge Rd. Unit 5J Parcel Number: 21 01 0820701 9 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Zona Kreidle Mailing Address: 5A 05 Phone: 3C ° ( °i } Owner's Signature: Primary Contact/ Owf/er Representative: Berglund Architects Mailing Address: P.O. Box 2378 Edwards, CO 81632 Phone: 970.926.4301 E -Mail: hans @berglundarchitects.com Fax: 970.926.4364 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: I SOD. 00 Meeting Date: Planner: Zoning Received From: D': • y _ i Project P/ Land Use: Location of the Proposal: Lot: ! Block:_ ) Subdivision: N61 L VI U aGF. FJ Ll QQ I Property Information Property Address Village Center, 124 Willow Bridge Rd. Unit 5J Parcel # 210108207019 Allowed Legal Description Lot C & K, Block Gross Residential Floor Area maximum) Chapter 12 -15 Development Site Area sq ft acres Fble sq Zone District / SDD # Hazard Zones Sections 12 -21 & 14 -7 Snow Avalanche High Severity ', Moderate Severity [7 N/A Debris Flow High Flow Moderate Flow High Avalanche N/A Rock fall High Severity Medium Severity N/A Excessive Slopes) 30% F N/A Floodplain j100 year floodplain Floodway Wetlands N/A Creeks, Streams Section 12 -14 -17 Gore Creek El on site [7 adjacent to site N/A Other tributary: on site ... adjacent to site N/A Project Information Project Description Interior conversion of the existing unit to add a loft area and skylights. Development Standards Allowed Existing Proposed Gross Residential Floor Area maximum) Chapter 12 -15 Primary sq ft Secondary sq ft EHU sq ft TOTAL sq ft 250 Addition Interior Conversion Credits: Setbacks (minimum) Section 14 -10 -4 Front ft Side ft Side ft Rear ft Watercourse ft Site Coverage (maximum) see definition Section 12 -2 -2 Building Height (maximum) see definition Section 12 -2 -2 Sloping ft Flat ft Landscaping See definition Section 14 -2 -1 Section 14 -10 -8 Softscape sq ft Hardscape sq ft TOTAL sq ft Driveway Sections 14 -3 -1 & 14 -3 -2 Max Curb -cuts Max Grade @ cen- terline Min Width Heated drive? Yes No Yes No Snow Storage % Parking Sections 12 -10 & 14 -5 Enclosed Spaces Unenclosed TOTAL Outdoor Lighting (maximum) Section 14 -10 -7 fixtures Commercial Core II 237 sq.ft. interior conversion n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Existing legally non-conforming density (units/acre) B E R G L U N D ARCHITECTS, LLC Date: 10/31/12 To: Design Review Board Project Description of Village Center, Building C, 124 Willow Bridge Rd, Unit 5J, Vail, CO 81657 The interior of the existing (2) bedroom (2) bathroom unit will be completely demolished and replaced with a new (2) bedroom (2) bathroom layout with an additional mezzanine as shown in the plans. A spiral stair will connect the main level to the mezzanine. All existing exterior elevations are to remain unchanged. Exterior changes occur only at the roof as follows: Two new skylights are proposed in the master bathroom and mezzanine, see plans for sizes and locations. The new master bedroom fireplace chimney will extend up through the existing roof. The new mezzanine fireplace chimney will extend up through the existing roof. The new kitchen hood vent will extend up through the existing roof. The bathroom fan vents will terminate at existing locations on the north side of the unit. P.O. Box 2378, Edwards, CO 81632 Tel: 970 926 -4301 fax: 970 926 -4364 CUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 11-01-2012 V50034800 120 WILLOW BRIDGE ROAD AKA UNIT 5J VILLAGE CENTER VAIL, CO 81657 For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMail: eaglecountyrequests@ltgc.com BERGLUND ARCHITECTS PO BOX 2387 EDWARDS, CO 81632 Attn: ADAM Phone: 970-926-4301 EMail: adam@berglundarchitects.com Sent Via EMail Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 11-01-2012 V50034800 A BUYER TO BE DETERMINED ZONA Z. KREIDLE 120 WILLOW BRIDGE ROAD AKA UNIT 5J VILLAGE CENTER VAIL, CO 81657 TBD Commitment $100.00 $100.00 Land Title Guarantee Company LAND TITLE GUARANTEE COMPANY INVOICE NO. - Amount Due - Invoice Charges Invoice Date: Order No. Due and payable upon receipt. For Remittance please refer to Invoice No. Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Owner: Address: V50034800 ZONA Z. KREIDLE 120 WILLOW BRIDGE ROAD AKA UNIT 5J VILLAGE CENTER VAIL, CO 81657 November 01, 2012 VA-6143 VA-6143 BERGLUND ARCHITECTS PO BOX 2387 EDWARDS, CO 81632 TBD Commitment $100.00 $100.00 Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: V50034800 A L T A C O M M I T M E N T 120 WILLOW BRIDGE ROAD AKA UNIT 5J VILLAGE CENTER VAIL, CO 81657 October 09, 2012 at 5:00 P.M. "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 A Fee Simple ZONA Z. KREIDLE CONDOMINIUM UNIT 5J, BUILDING C, VILLAGE CENTER, ACCORDING TO THE CONDOMINIUM MAP THEREOF FILED FOR RECORD AND DECLARATION FOR VILLAGE CENTER RECORDED FEBRUARY 3, 2006 UNDER RECEPTION NO. 200602882, COUNTY OF EAGLE, STATE OF COLORADO. First American Title Insurance Company The following are the requirements to be complied with: (Requirements)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 1 V50034800 1. 2. Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. WARRANTY DEED FROM ZONA Z. KREIDLE TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 V50034800 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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. 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Any and all unpaid taxes, assessments and unredeemed tax sales. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 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 JULY 11, 1899, IN BOOK 48 AT PAGE 475. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. RESTRICTIVE 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN ON THE PLAT OF VILLAGE CENTER RECORDED DECEMBER 6, 1972 IN BOOK 226 AT PAGE 624. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 V50034800 12. 13. 14. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 FEBRUARY 3, 2006 RECEPTION NO. 200602882. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF VILLAGE CENTER RECORDED SEPTEMBER 22, 2006 RECEPTION NO. 200625849. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION FOR VILLAGE CENTER NOTICE OF ADDITIONAL OWNERS WITH RIGHT TO USE BUILDING C ELEVATOR RECORDED OCTOBER 17, 1994 IN BOOK 652 AT PAGE 729. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII 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 Land Title Guarantee Company 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 Lenders Policy 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 material-men 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 un-filed mechanic's and material-men'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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, 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: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting 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. 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. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; * Information about your transactions with us, our affiliated companies, or others; and * Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1 WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. CC.FA.06 FIRST AMERICAN TITLE INSURANCE COMPANY, a California 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 names in Schedule A, as owner or mortgage 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 (6) 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, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1. 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 and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the 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 Stipulations 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 issued 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 as www.alta.org Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) DENVER, CO 80217 _____________________________________________________ Authorized Officer or Agent Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY Dennis J. 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