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Home My WebLink AboutDRB130027 Application.pdf90 BENCHMARK ROAD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949-5200 FAX 949-5205 February 11, 2013 Community Development Planners C/O Share-File Submittal Town of Vail Re: Betteridge Residence Vail Village Plaza, Residential Units 27 & 28 - Vail, CO Good Afternoon, Thank you for accepting our Application for Design Review Additions – Residential or Commercial and our attachments. We submit our narrative discussion to generally describe the matching of exterior materials to the adjacent Plaza Building along with our use of the 250 Rule and Interior Conversions with requisite calculations and graphics demonstrating the areas expanded and how utilized via zoning. The VMDA Documents consist of 15 Sheets, all dated 2/7/2013 and depict existing and proposed Floor Plans & Exterior Elevations along with Zoning Data Summaries for the Betteridge Family combined, remodeled & expanded Unit. In summary of our proposal, please review and consider the following: 1. Our proposal includes combining the existing 2 Residential Condominium Units into a remodeled and expanded single Residential Condominium Unit. 2. The exterior colors and wall veneer materials, flashings, gutters, downspouts, balcony railings and exterior details will match the existing exterior finishes and details of the Condominium Building (Claggett-Rey Gallery & Alejandro Rojas) directly east of this Betteridge/Meyer (Subject) Building. The new roofing system and color will match the adjacent building. 3. The all new wood clad residential windows and balcony doors will be a compatible clad color. Two new custom wood doors will be provided for the Residence Entry and Mechanical Room, each at Plaza level. The addition of new stone wainscot/veneer and stone caps will match the buff colored stone at the nearby south stair way leading down to Meadow Drive between Osaki’s and the Vail International Gallery. 4. Exterior Stucco system will be patched as needed to match and repainted to match the existing color. 5. Roof discharge will be managed via snow clips and eave/gutter/downspout snow melt system directed into Town approved, plaza level discharge through the plaza and ultimately into the Town’s local storm sewer system. 6. Our new roof dormers/ridges/ roof planes do not exceed the height of each of the two respective, existing roof ridges. No roof ridge height increases are proposed or requested. 7. We will cause separate private meters for gas, water and electric in each case where it does not exist, as is current Board policy. 8. Proper construction staging, required protection and fencing will be established and maintained for the duration of construction as specifically required by Town Public Works and Engineering Department. Construction Work Hours will conform to the published Town Schedules on a daily and seasonal basis. 9. From time to time, access to the Gallery below and to VVP Common Areas will be necessary to perform specific aspects of the construction work, all as discussed and acknowledged by the Board of Directors of Vail Village Plaza. 10. Our Project does include installation of Town required Fire Protection and upgraded Fire Alarm systems in our newly combined/expanded Residential Unit. The Town no longer requires such Fire Protection System be installed within the Plaza Level Commercial Condominium Unit below. 11. The additional Floor Areas in the form of Gross Residential Floor Area proposed are derived from our adherence to specific Town of Vail criteria utilizing the 250 Rule & Interior Conversion opportunities, as is afforded in a similar manner to each Residential Condominium Unit within SDD #6. Our utilization of such expansion area for Mr. Betteridge does not ‘take away any such floor area’ from another party. 12. Upon completion of construction Mr. Betteridge will cause required updates to Condominium Mapping & associated HOA Documents be accordingly revised for documented conditions that are caused by this remodel and expansion for Board review and approval. Thank you kindly for your attention and interest in our application on behalf of Mr. Betteridge. Respectfully submitted, Mark Donaldson CC: Paul Gotthelf, Owner Representative Ulf Lindroth, ULF & Associates PropertyAddress Parcel# LegalDescripon DevelopmentSiteArea sqacresbuildablesq ZoneDistrict/SDD# HazardZones Secons1221&147 SnowAvalanche HighSeverity ModerateSeverityN/A DebrisFlow HighFlowModera teFlowHigh AvalancheN/A Rockfall HighSeverity MediumSeverityN/A ExcessiveSlop es30%N/A Floodplain100yearoodplain FloodwayWetlandsN/A Creeks,Streams Secon121417 GoreCreekonsite adjacenttosite N/A Othertributary:______________onsite adjacentto siteN/A ProjectDescripon DevelopmentStandards Allowed Exisng Proposed GrossResidenalFloorArea (maximum) Chapter1215 Primarysq Secondarysq EHUsq TOTALsq 250Addion InteriorConversion Credits: Setbacks(minimum) Secon14104 Front Side Side Rear Watercourse SiteCoverage(maximum) seedenionSecon1222 BuildingHeight(maximum) seedenionSecon1222 Sloping Flat Landscaping SeedenionSecon1421 Secon14108 Soscapesq Hardscapesq TOTALsq Driveway Secons1431&1432 MaxCurbcuts MaxGrade@cen terline MinWidth Heateddrive?Yes NoYesNo SnowStorage% Parking Secons1210&145 #EnclosedSpaces #Unenclosed TOTAL OutdoorLighng(maximum) Secon14107 #xtures Property Information Project Information Vail Village Plaza Units 27 & 28, 100 Meadow Drive 210108256028 / 210108256027 See Title Report page 4 existing to remain SDD 6 ✔ ✔ ✔ ✔ ✔ ✔ ✔ See Project Narrative Per SDD 6 ✔ Per SDD 6 Per SDD 6 Per SDD 6 Per SDD 6 Per SDD 6 N/A Existing to remain N/A N/A N/A N/A N/A N/A N/A N/A To Remain CUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 07-11-2012 V50032482-4 100 EAST MEADOW DRIVE AKA UNITS 27 & 28 VAIL VILLAGE PLAZA CONDO AND UNITS 737 & 738 VILLAGE INN PLAZA VAIL, CO 81657 For Closing Assistance: Allison Benoit 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 Phone: 970-748-4795 Fax: 877-268-4173 EMail: abenoit@ltgc.com 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 GATEWAY LAND AND DEVELOPMENT *TMX* (DELIVER IN EDWARDS) 34253 HWY 6 #2A EDWARDS, CO 81632 Attn: EUSTAQUIO CORTINA Phone: 970-926-6777 Fax: 970-926-2698 EMail: ecortina@gatewayland.com Sent Via EMail GERARDO SCHROEDER GONZALEZ AND PATRICIA INZUNZA DE 725 S. BIXEL ST. APT 603 LOS ANGELES, CA 90017-2443 Sent Via US Postal Service LAND TITLE GUARANTEE COMPANY 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 Attn: Allison Benoit Phone: 970-748-4795 Fax: 866-388-4238 Copies: 1 EMail: abenoit@ltgc.com SLIFER SMITH & FRAMPTON-BRIDGE STREET *TMX* 230 BRIDGE ST VAIL, CO 81657 Attn: PAUL GOTTHELF Phone: 970-476-2421 Fax: 970-476-2658 Copies: 1 EMail: pgotthelf@slifer.net Linked Commitment Delivery AEB REAL ESTATE LLC 117 GREENWICH AVE GREENWICH, CT 06860 Attn: TERRY BETTERIDGE Phone: 203-869-0124 EMail: terry@betteridge.com Linked Commitment Delivery SLIFER SMITH & FRAMPTON-AVON *TMX* 0090 BENCHMARK RD #105 AVON, CO 81620 Attn: JANNA CARVILL Phone: 970-845-2012 Fax: 866-743-1589 Copies: 1 EMail: jcarvill@slifer.net Linked Commitment Delivery Land Title Guarantee Company 08.01.12 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 07-11-2012 V50032482-4 AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY GERARDO SCHROEDER GONZALEZ AND PATRICIA INZUNZA DE SCHROEDER 100 EAST MEADOW DRIVE AKA UNITS 27 & 28 VAIL VILLAGE PLAZA CONDO AND UNITS 737 & 738 VILLAGE INN PLAZA VAIL, CO 81657 Wire Information: Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Allison Benoit ALTA Owners Policy 06-17-06 ALTA Loan Policy 06-17-06 (Bundled Concurrent Rate) Deletion of Exceptions 1-3 (Owner) Deletion of General Exception 4 (Owner) Deletion of Exceptions 1-3 (Lender) Deletion of General Exception 4 (Lender) Endorsement Alta 9 (Lender) Endorsement 103.1 (Lender) Endorsement Alta 4 (115.1) (Lender) Endorsement Alta 8.1 (Lender) TBD - TBD Income VA-5130 Tax Report P024568,6839,6841/11926,11927 $3,245.00 $556.00 $60.00 $15.00 $0.00 $0.00 $0.00 $50.00 $0.00 $0.00 $-100.00 $125.00 $3,951.00 Land Title Guarantee Company ****************************************************************** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. ****************************************************************** 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: V50032482-4 A L T A C O M M I T M E N T 100 EAST MEADOW DRIVE AKA UNITS 27 & 28 VAIL VILLAGE PLAZA CONDO AND UNITS 737 & 738 VILLAGE INN PLAZA VAIL, CO 81657 June 28, 2012 at 5:00 P.M. "ALTA" Owner's Policy 06-17-06 Proposed Insured: AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY "ALTA" Loan Policy 06-17-06 Proposed Insured: A LENDER TO BE DETERMINED, ITS SUCCESSORS AND/OR ASSIGNS $1,500,000.00 $1,050,000.00 A Fee Simple GERARDO SCHROEDER GONZALEZ AND PATRICIA INZUNZA DE SCHROEDER SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION First American Title Insurance Company LEGAL DESCRIPTION Our Order No:V50032482-4 PARCEL 1: CONDOMINIUM UNITS 27 AND 28, VAIL VILLAGE PLAZA CONDOMINIUMS, ACCORDING TO THE AMENDED CONDOMINIUM MAP THEREOF RECORDED OCTOBER 3, 1985 IN BOOK 426 AT PAGE 609, AND THE SECOND AMENDMENT TO THE AMENDED CONDOMINIUM MAP FOR VAIL VILLAGE PLAZA CONDOMINIUMS RECORDED MARCH 29, 1990 UNDER RECEPTION NO. 421805, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED NOVEMBER 19, 1984 IN BOOK 400 AT PAGE 202, THE FIRST AMENDMENT THERETO RECORDED DECEMBER 27, 1989 IN BOOK 520 AT PAGE 306, THE SECOND AMENDMENT THERETO RECORDED MARCH 29, 1990 UNDER RECEPTION NO. 421804 AND THE THIRD AMENDMENT THERETO RECORDED JANUARY 15, 1991 UNDER RECEPTION NO. 441840, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: CONDOMINIUM UNITS 737 AND 738, VILLAGE INN PLAZA, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 11, AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 12, COUNTY OF EAGLE, STATE OF COLORADO. 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 V50032482-4 1. 2. 3. 4. 5. 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. CERTIFICATE FROM THE SECRETARY OF STATE OR OTHER APPROPRIATE OFFICER OF UNKNOWN, SHOWING THAT AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY IS A DULY ORGANIZED AND EXISTING LLC UNDER THE LAWS OF UNKNOWN. FURNISH TO LAND TITLE GUARANTEE COMPANY THOSE SECTIONS OF THE FULLY EXECUTED OPERATING AGREEMENT FOR AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. RELEASE OF LIEN AS EVIDENCED BY THE STATEMENT OF VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION IN THE AMOUNT OF $13,217.78 RECORDED NOVEMBER 04, (Requirements)Our Order No. Continued: A L T A C O M M I T M E N T Schedule B - Section 1 V50032482-4 6. 7. 8. 9. 10. 2005, UNDER RECEPTION NO. 935848. RELEASE OF LIEN AS EVIDENCED BY THE STATEMENT OF VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION IN THE AMOUNT OF $4,431.30 RECORDED NOVEMBER 04, 2005, UNDER RECEPTION NO. 935849. (ITEM INTENTIONALLY DELETED) RELEASE OF DEED OF TRUST DATED OCTOBER 29, 2001 FROM GERARDO SCHROEDER GONZALEZ AND PATRICIA INZUNZA DE SCHROEDER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRST WESTERN MORTGAGE SERVICES, INC., A COLORADO CORPORATION TO SECURE THE SUM OF $542,500.00 RECORDED NOVEMBER 02, 2001, UNDER RECEPTION NO. 771540. WARRANTY DEED FROM GERARDO SCHROEDER GONZALEZ AND PATRICIA INZUNZA DE SCHROEDER TO AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. DEED OF TRUST FROM AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF A LENDER TO BE DETERMINED TO SECURE THE SUM OF $1,050,000.00. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF GERARDO SCHROEDER GONZALEZ AND PATRICIA INZUNZA DE SCHROEDER. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF AEB REAL ESTATE LLC, A ______________ LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. (Requirements)Our Order No. Continued: A L T A C O M M I T M E N T Schedule B - Section 1 V50032482-4 NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. 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 V50032482-4 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. EXISTING LEASES AND TENANCIES, IF ANY. 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 12, 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 12, 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. 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 V50032482-4 12. 13. 14. 15. 16. 17. 18. RECIPROCAL EASEMENT AGREEMENT BETWEEN VAIL VILLAGE INN, A COLORADO CORPORATION, JAMM LTD., A COLORADO LIMITED PARTNERSHIP AND VAIL VILLAGE INN ASSOCIATES, A COLORADO GENERAL PARTNERSHIP RECORDED JANUARY 3, 1983 IN BOOK 351 AT PAGE 324. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED JANUARY 21, 1983, IN BOOK 352 AT PAGE 396. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 9, 1983 IN BOOK 367 AT PAGE 833. TERMS, PROVISIONS AND CONDITIONS OF DECLARATION CONCERNING PARKING RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 856. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VILLAGE INN PLAZA RECORDED NOVEMBER 19, 1984 UNDER RECEPTION NO. 296492. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 19, 1984, IN BOOK 400 AT PAGE 202, RATIFICATION THERETO RECORDED MARCH 8, 1990 UNDER RECEPTION NO. 420278, FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED DECEMBER 27, 1989 UNDER RECEPTION NO. 416475, SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED MARCH 29, 1990 UNDER RECEPTION NO. 421804, AND THIRD AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JANUARY 15, 1991 UNDER RECEPTION NO. 441840, FOURTH AMENDMENT RECORDED AUGUST 3, 2005 RECEPTION NO. 924820 AND SIXTH AMENDMENT TO CONDOMINIUM DECLARATION RECORDED DECEMBER 28, 2010 UNDER RECEPTION NO. 201026270 ASSIGNMENT OF DECLARANT RIGHTS RECORDED JANUARY 20, 2010 UNDER RECEPTION NO. 201001124. EASEMENT BETWEEN VAIL VILLAGE INN, INC., A COLORADO CORPORATION, AND F & L VAIL VILLAGE INN PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 861. 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 V50032482-4 19. 20. 21. 22. 23. 24. 25. 26. 27. NOTE: DECLARATION OF PARTIAL VACATION OF EASEMENT WAS RECORDED JULY 25, 1985 IN BOOK 420 AT PAGE 741. EASEMENT BETWEEN VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION, A COLORADO NON-PROFIT CORPORATION, VAIL VILLAGE INN, INC., A COLORADO CORPORATION, AND F & L VAIL VILLAGE PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 862. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP RECORDED AUGUST 3, 2005 RECEPTION NO. 924822. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT REGARDING CONDOMINIUM MAP AND DECLARATION RECORDED AUGUST 03, 2005 AT RECEPTION NO. 924824. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF EASEMENT RECORDED AUGUST 22, 2005 AT RECEPTION NO. 926866. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR COVENANTS RECORDED AUGUST 22, 2005 AT RECEPTION NO. 926872. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF FIRST REFUSAL AGREEMENT RECORDED AUGUST 22, 2005 AT RECEPTION NO. 926873. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT AND GRANT OF TEMPORARY EASEMENT REGARDING STREETSCAPE UTILITY AND SNOWMELT IMPROVEMENTS RECORDED OCTOBER 23, 2006 UNDER RECEPTION NO. 200628984. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ENCROACHMENT AGREEMENT RECORDED APRIL 27, 2007 UNDER RECEPTION NO. 200710768. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ENCROACHMENT AGREEMENT FOR UTILITIES EASEMENT AT VAIL PLAZA RECORDED APRIL 27, 2007 UNDER RECEPTION NO. 200710770. 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 V50032482-4 28. 29. 30. 31. 32. 33. 34. (ITEMS 9-27 AFFECT PARCEL 1) 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 OF RECORD IN INSTRUMENT RECORDED JULY 12, 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 12, 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 IN BOOK 174 AT PAGE 179. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED NOVEMBER 19, 1971 IN BOOK 222 AT PAGE 321, AND AS SHOWN ON THE CONDOMINIUM MAP RECORDED NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 11. EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED JANUARY 21, 1983 IN BOOK 352 AT PAGE 397. 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 NOVEMBER 19, 1982, IN BOOK 349 AT PAGE 12. RECIPROCAL EASEMENT AGREEMENT BETWEEN VAIL VILLAGE INN, A COLORADO 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 V50032482-4 35. 36. 37. 38. 39. CORPORATION, JAMM LTD., A COLORADO LIMITED PARTNERSHIP AND VAIL VILLAGE INN ASSOCIATES, A COLORADO GENERAL PARTNERSHIP RECORDED JANUARY 3, 1983 IN BOOK 351 AT PAGE 324. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 09, 1983 IN BOOK 367 AT PAGE 833. EASEMENT BETWEEN VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION, A COLORADO NON-PROFIT CORPORATION, VAIL VILLAGE INN, INC., A COLORADO CORPORATION, AND F & L VAIL VILLAGE PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP IN DOCUMENT RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 862. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIRST FILING RECORDED AUGUST 6, 1962 AT RECEPTION NO. 96382. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN AND RESERVED ON THE CONDOMINIUM MAP OF VILLAGE INN PLAZA RECORDED NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 11. ANY LOSS OR DAMAGE THE INSURED SHALL SUSTAIN DUE TO ANY VIOLATION OF THE TOWN OF VAIL ZONING REGULATION CREATED UNDER CHAPTER 10 OR CHAPTER 18 OF TITLE 12 OF THE VAIL TOWN CODE. (ITEMS 28-39 AFFECT PARCEL 2) 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 settlemwnt 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. GilmorePresident Timothy KempSecretary Slifer Management Company _______Property Managen1ent & Leasing, _ February 8, 20i3 Mark Donaldson, Principal Victor Mark Donaldson Architects Avon, CO 81620 RE: Vail Village Plaza Condominium Association Board of Directors Review and Approval for Betteridge Family Remodel & Expansion of Units 27 & 28, Vail Village Plaza Condominiums Mark, Our Board of Directors met today and reviewed the following documents in consideration of your request for approval: • Warren Campbell, Chief of Planning/Town of Vail-Email of 2/6/2013 re: GRFA issues; • JR Mondragon, Building Department Plans Examiner/Town of Vail-Email of2/5/2013 re: Fire Protection issues; • ULF & Associates, LLC Letter of2/7/2013 re: Exterior Building Envelope Costs; • VMDA Letter of2/7/2013 re: Delineation of Betteridge Proposal for Remodel & Expansion; • VMDA Documents (15 Sheets) dated 2/7/2013. The Board of Directors found your proposal acceptable and hereby grants approval in accordance with the above noted documents, with exceptions and/or conditions, if any noted below. Your project may now be filed with the Town of Vail for necessary applications, review and granting of appropriate entitlements. Exceptions and/or Conditions (if any): None. Respectfully submitted, Stephen Stafford Vice President / Managing Broker for Slifer Management Company, Inc. Managing Agent for Vail Village Plaza Condominium Association P.O. Box 2264, Edwards, CO 81632 0105 Edwards Village Boulevard, Suite G-206, Edwards, CO 81632 Telephone: (970) 926-7911 Telefax: (970) 926-7914 betteridge.approval.letter.2.8.13.doc Notes: Please specify the manufacturer’s name, the color name and number and attach a color chip. Building Materials Roof . . Siding . . Other Wall Materials . . Fascia . . Soffits . . Windows . . Window Trim . . Doors . . Door Trim . . Hand or Deck Rails . . Flues . . Flashing . . Chimneys . . Trash Enclosures . . Greenhouses . . Retaining Walls . . Exterior Lighting . . Other . . Building Materials Type of Material Color Roof . . Siding . . Other Wall Materials . . Fascia . . Soffits . . Windows . . Window Trim . . Doors . . Door Trim . . Hand or Deck Rails . . Flues . . Flashing . . Chimneys . . Trash Enclosures . . Greenhouses . . Retaining Walls . . Exterior Lighting . . Other . . 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