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HomeMy WebLinkAboutDRB130090 App - Plans RECEIVED Department of Community Development Date:0 4/0 8/2 013 75 South Frontage Road TOWN OF VAIL f TO Q VII. t BY: CO 81657 Y D. RHOADES Tel: 970479-2128 www'vailgov.com Development Review Coordinator Application for Design Review Minor Exterior Alteration General Information: This application is required for all proposals involving minor changes to buildings and site improve- ments,such as roofing, painting,window additions,landscaping,fences, retaining walls,etc. Applicable Vail Town Code sections can be found at www.vailgov.corn under Vail Information—Town Code Online. All projects requiring de- sign review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building per- mit is issued and construction commences. Fee: $250 for Multi-Family/Commercial $20 for Single Family/Duplex Single Family Duplex Multi-Family ✓ Commercial Description of the Request: Improvements to the existing store front at Gore Creek Gallery Traveller Books Physical Address: 158 Gore Creek Drive#132 Parcel Number: 210108221001 (Contact Eagle Co.Assessor at 970-328-8640 for parcel no.) Property Owner: Vail Five K LTD-John Keck Mailing Address: 303 Stratford Lane Laredo, TX 78041 Phone: 956-286-3676 Owner's Signature: VA 11, f k V C V, L7 t> C - Primary Contactl Owner Representative: Maurieilo Ptannw Group Mailing Address: PO Box 4777 Eagle, CO 81631 Phone: 970-376-3318 E-Mail: dominic @MPGVail.com Fax: For Office Use Only: Cash_ CC: Visa/MC Last 4 CC# Exp. Date: Auth# Check# Fee Paid: Received From: Meeting Date: 05/01/2013 DRB No.: DRB 13 0 0 9 0 Planner: Project No: PRJ 13-010 6 Zoning: Land Use: Location of the Proposal: Lot: ABC Block: 5 C Subdivision: VA I L VILLAGE FILING 1 TOWN OF VAIL Community Development Department JOINT PROPERTY OWNER Dep WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi-tenant buildings. This form, or similar written correspondence, must be completed by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a condominium or multi-tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) �(`.r� N 1 �'-U�as a joint owner, or authority of the association, of property located at provide this letter as written approval of the plans dated 3 S` 2-4D 1—% which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: V r-o N-}- K-9\1101 0 N (�o Gtc.!✓ �C. t b.� -T L.'s OL I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results in the applicant agreeing to this staters Fa�� c - ! / r/ lSignature Date Print Name PROPOSED MATERIALS Building Materials Type of Material Color Roof Siding Other Wall Materials Fascia Soffits Windows Kawneer Aluminum Storefront or Similar Red Window Trim Doors Door Trim Kawneer Aluminum Storefront or Similar Red Hand or Deck Rails Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. i NEW RED AWNING NEW RED r ALUMINUM j� STOREFRONT SYSTEM i EXISTING STOREFRONT PROPOSED STOREFRONT PERIMETER OF EXISTING STOREFRONT PERIMETER OF PROPOSED STOREFRONT NO CHANGE TO RETAIL FOOTPRINT 3'-0" ® � :L 6-0" m ° ° EXTENT OF NEW AWNING - - - - - - - - - - - - - - - - - - EXTENT OF EXISTING AWNING b'-4%a" 7-9" 8'-3%2' b'-4%a" 7-9" 8'-3%2, V-2" V-2" EXISTING STOREFRONT PROPOSED STOREFRONT GORE CREEK GALLERY - TRAVELER BOOKS 03.25.2013 REVISED STOREFRONT PROPOSAL • I � `.% « :::.. .p. .,gip. ..r • �- .' AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) Policy No. 72106- 4 6 4 215 CHICAGO TITLE INSURANCE COMPANY t SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE a" CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY,a Missouri corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. " In Witness Whereof,CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A,the policy to become valid when countersi ned b an authorized si nator Y. 9 Y g Y k: CHICAGO TITLE INSURANCE COMPANY w rs, By: 4;! C� President By' U v ATTEST SEA �- Secretary K - j -. 4 r: ,:-.a :; .. '-ni: ..'si pr•.:;; d q*,; s z �r Reorder Form No.8256(Reprinted 10/00) ALTA Owner's Policy(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv)environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances, adverse claims or other matters: (a) created, suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws,that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Land Title Guarantee Company Date: November 25, 2003 VAIL FIVE K, LTD., A COLORADO LIMITED PARTNERSHIP AND MARIO V. KONTNY AND M 6707 E. FREMONT PLACE ENGLEWOOD, CO 80112 Enclosed please find the title insurance policy for your property located at 158 GORE CREEK DRIVE VAIL CO 81657 The following endorsements are included in this policy: Deletion of Exceptions 1-3 Deletion of General Exception 4 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-476-2251 Fax: 970-476-4732 Please refer to our Order No. V50002533 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company LTG Policy No. CTAI50002533 Form AO/CHI Our Order No. V50002533 Schedule B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 2003 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 6. 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. 7. 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. 8. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT(A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B)RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962 IN BOOK 174 AT PAGE 179 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 30, 1971 IN BOOK 221 AT PAGE 492. 9. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, AS CONTAINED IN INSTRUMENT RECORDED MAY 5, 1970 IN BOOK 217 AT PAGE 531 AND IN INSTRUMENT RECORDED OCTOBER 23, 1973 IN BOOK 231 AT PAGE 612. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED CONDOMINIUM MAP OF THE LODGE APARTMENT CONDOMINIUM. LTG Policy No. CTAI50002533 Form AO/CHI Our Order No. V50002533 Schedule B 11. EXISTING LEASES AND TENANCIES, IF ANY. ITEMS 1 THROUGH 3 OF STANDARD EXCEPTIONS UNDER SCHEDULE B-1 ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF VAIL FIVE K, LTD., A COLORADO LIMITED PARTNERSHIP AND MARIO V. KONTNY AND MARGARITA C. KONTNY. Land Tit I e G-orantee Company Date: January 31, 2008 VAIL FIVE K, LTD., A COLORADO LIMITED PARTNERSHIP 303 STRATFORD LANE LAREDO TX 78041, TX 78041 ATTN: JOHN KECK Enclosed please find the title insurance policy for your property located at 158 EAST GORE CREEK DRIVE #132 VAIL CO 81657 The following endorsements are included in this policy: Deletion of Exceptions 1-3 Deletion of General Exception 4 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-476-2251 Fax:970-476-4732 Please refer to our Order No. V50021302 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company American Land Title Association OWNED S POLI CY (06-17-06) CHICAGO TITLE INSURANCE COMPANY /WY CRCECFQAIMM DAM'Ofl-ff2 UflCECRSFA1HvHVfINWRT NGF3I.JFEDTOBE(3\tENTOTHE03/PAWLNLEZTHSFQJ CYKlffBEG\ANTOTFEOJvPAW ATTI-EALCFUSS-MINSKMCN18CI TFEOWCTOS Oa/B;E)R SKS S.J31B:fT0TFEEXCLLHOSFFCM TFED(CEFFIOSFF;CM 03AFAMOMAND IN93-13DILEBANDTFEOMIKIN$CH0 GDTTLEIl\SLR*;E OJA:PW,aMssari eaperdicn(the"con-per/')irsxes,asdDatedFtlicyax(totheedertstatedinOweredFrisks9and10,after latedFtiicy,aginctIcssordmwj,- not eceeedng theATunt of Insraxs,sustained or irxzrred by the Insured by ream d: 1. Tiitlebeing vested other than as stated inSd-EdJeA 2. Amy defect in or lien oreurrtraiceon the title This eaEredRsk includes but is not Iinitedtoin ranceagirst loss from (a)Adefect in the Title cased by (i)forgery,fra.d,uxleirfluaxr~dress,inoaYpc#exy,incapacity,cr inpe so anon; (ii)failure d any person or Entity to have atlxrimd a transfer or caweya cig (iii)adocuTet affactirgTiitleriot prgpatycreeted,ecemted,witnessed,sesled,aclmMedged,notarized,ordeiveere# (iv)falLretoperfomthcse acts necessary toaeteadoarret byeletronicrreensa.khaizedbylav; (v)a cbarre t amte l uxler afalsified,epred,cr otherwiseirLdid power d attcmey; (vi)adum3l riot properlyfiled,recorded,or indeed intheRldisFbo resinoludngfaluetopeformthoseatsbyElectronicr reansathorizadbylaw;or (vii)adefectivejudda orarTiristrdiveprocesdrxt. (b)The lien of reel estateta(Es or assess-rents in posed on the Title by a go e n rTeta athcrity due or payable,but upend (c)AnyencrcachrTat,enarricrar ;mdaticn,variation,or adverse draxrstax ceaffectirgtheTitlethatwal dbedsdcsedbyanacuatea xlccnlJetelandarveydthe Laird The term"enaoachrret"includes exxeaolTrets d edsting impromTets located on the La-d cntoaJdrirg lad axl e crcachrrets ertothe Land of edsting inproverets located on aldring land 3.UTrarketableTiitle 4.Norigit of access toaxlfrorntheLaird 5.The violation or erfcrcerret of aTy law,crdrsnos;permit,or gam rrerta regJation(indudng those reatirg to bcildng and mirg)reEiddirg,roating,prohibiting cr rotating to (a)the eco,pan y,use cr ejoyrret of the Land; (b)thednaracter,drrezclors,or location d any irrprweret erected on the Lana (c)thesr.bdvisicnd lax#or (c()eNira7ratal protection if a notio;descriling any pat d the Land,is recorded in the Relic Fbcxcl3 settirg forth the violation or irtetion to eforce,but any to the odet of the violation cr eforcer et referedtointht notioa 6.An efcroeret anion teased on the ocerdsed a goveTrreta pdioe paler rat ewa-ed by Oo✓a-ed Frisk 5 if a noticed the erfcroaret anion,describing any pat d the Land,is recorded in the Rtolic l boords,but only to the odent of the eforc rre t refered to in that nctioa 7.The ecerdsed the ri fts d eninet daTein if a noticed the wHdse describrig any pat d the Land,is rexrdsd in the Relic F� 8.Any taking by a gam-i retal body that has ocarred axl is brdrg on the dgts d a pundnaser for valcewithat Kno,Medge 9.Title berg vested other than as stated in SdneJJe A or being defective (a)as a resdt of the avoidenoe,in whole or in pat,or from a oart order prWcIrxg en alterative re redy,d a transfer d all cr a-y pat d the titketo or aTy interest in the Lax looarri rg prior to the transaction vestirgTiitleasshowninSdscUeAbecasethat prior transfer ecrstitutedafra.Wet orpreferetial transfer u-der federal baianptcy,stateinsdvexy,or sirrila credtcrs'rills laws;or (b)bergsetheirstnxrentd transfer vesting Title wshoi minSdnecUeAoonstitutesapreferetialtransfer ux lerfeda-abenknptcy,stateinsdvexy,cr sirrila cre hors'dots laws by reeson d thefalrxe d its reccrcirg in the Relic Feocrcls (i)to betindy,or (ii)to in part noticed its edstexceto a pxdeser for value or to ajuckjTent or lien creitor. 10.Any defect in or lien or exx rricraxce on the Title or other matter included in Owereci Frisks 1 thro4 9 that it's been created a attached er has been filed er recorded in the RtJic F3ocrds suzsec�et to Cte d Ftiicy and prior to the recording of the deed or other irstuTent of transfer in the Rtdic Rrords that vets Title as showm in SdiedJeA The0onpanywill asopaytheoosts,attorneys fees,andepesesinarredinck#ensedany matter irsr.redai b,/thisFtdicy,bet aiytotheodert prWdedinthe O-Tdtiou CHCAO)TTLEIN 3 JW�rEOJvPPM' Issued thrown the Oficed: LANDTTLEG-PFWM 0J✓PAM' 108 S 008165CEFUW#+203 PO 9yoo UA1L,OJ81657 0`..o ��..Fo ��( 970476-2251 0 :v � o.' SEAL• AuthoiadSgratue **** AOCH.06(ALTA06-17-06)cover Pagv 1 d5 DCCLUSI CNS FFCM CDAFAM 7iefdlomngmitErsa-eWesslyedudedfranthecae-agedtlispciicy,ardtheOwpanywill not pay loss or c costs,attenny5 fees,ore sesthd arise by reason d: 1.(a)Anylav,aofram penit,or gam meta reg.iatim(rdurirg those relating tobuldrxgaidming)restricting,regLiating prdilitirgcr relating to ()theeompe ncy,us,-or e-jome#d the Lan; (i)the character,drrensias,or location d any hrrpomrat erected on the Land (ii)the sbdMsicn d land o- (v)envirarretalpro iaX or t he effect of arty Mdaticn of these IaAvs,orcf names,or gaamuta reglaticm Tnis ExdLdc n 1(a)does not rrodfy or lirrit the oo✓a-age prodded u der Owered Rsk 5. (b)Ary gwE n re tai police paver.This B d uelcn 1(b)does not rrodfy or limit the average prodded under Owered Rsk 6. 2.Rgts of erinert don-an This Exdudrn does not modify or lirrit t he m(eirerge provided under Owered Rsk 7 or 8. 3.Dafeds,liens,e currbarxs,aJmsedarrs,or other rratters (a)created,sffered,assrrE4 or agreed toby the Insured Clarrant; (b)not Knvvn tothe OoTpEr y,rot reocrdsd in the Rldic RBoa-ds at Dated Fdicy,but K-om tothe lns red C7arrart and not dsdosed in w iting tothe CaYperry by the bared C]arre t pia tothedatethe Ira.red(]arrant becarean Insured under this policy; (c)resulting in no loss or ciarrege to the Insured(]arrant; (d)attadirg o-created sbseq w nt to Cued Ftlicy(hvuever,this does act nudfy or limit thecamage provided under Covered Rsk 9 and 10);or (e)resulting in less or darrageth t weed not have bean sstaned if the Insred 0airrat had paid value for the Title. 4.Any darn by reaso n d theoperatien d federal baiaiptcy,stateinedvaxy,a srrila credtas rig#s lays,that thetramction vesting the Title as shown in Sdhsd.leA is (a)afra..WEr-t cm&yanoecrfra filet transfer;or (b)a preferential transfer for any reason not stated in Cased Rsk 9 of this policy. 5.Arty lien cn the Titlefor real estatetaxes or assesshhats in]ocsed by go arm-Eta authority an:d created or attaching between Dated Ftlicy and the dated reardng of thedsed or other instruret of transfer in the R dic Pecordsthat vests Titleas sharp in Sdhed.leA OCNDI 11 CNS 1.DBI NI ll CN CF TEFWS TnefdloMng terns when used in this policy mean (a)"A m-t of Ins rand':Tneanout stated in SJmcUeA as Tray be increased or deceased by a claser et tothis policy,increased by Sedicn 8(b)or dscresed by Sections 10 and 11 of these Cbrcitias. (b)"Dated Fdicy':The datedesigrdedas"Dated FtiicV'inSdnecUeA (c)"Entity':AccrperatioR pertnaship trust,lirrited Iiakility arrpany,or other sirrida legal Entity. (d)"Insred':The Insured ngeed in SdhedueA ()Thetem"Ins red'aisoindudes (A)successors to the Tiitled the Insured by option of Ianv ea fisting isfad fror npud>as-,irdudrg heirs,devisees,survivors,personal representatives,or next of kin; (B)successors to an Insred 41 dissolution,wager,mnsdidtio n,distribution,or recrcgaizatian; (C)successors to an Insured by its camrsm to ankha ldrd of Btity; (D)a grantee of an Insured under a dead delivered without pa mat of actual valuable eansideration ocrw*ng the Title (1)if the stock,shores,rrn rrberships,or other egaty interests of thegrateeaewholly-owned by the narred Insured (2)if thegarteewhdly avrsthe rarred Insured, (3)if thegrartee is whclly-om-ed by an aff iliated Ertity of the narred Insured,provided theaffiliated E-tity end the,an Inured are bot h whdly-awied by the sera pecan or Entity,or (4)if the gates,is a trustee or beneficiary of a to st created by a written irstru rent estad ished by the Insured na nerd in Schedule A for estate plani ng prposm (i)Wth regard to(A),(B),(C),ant P regwArg,Imever,all ri gts and defensed m to any s.aessor that thhe Qrrpany world have had agai rst any Predecessor Insured (e)"Inured Gamut":An Insured darninng less or darrege (f)"KnaMedgd'or"Khavrl':Ad Let lgo edge;noteanstn,divek Medgeorrckioethlatnaybeinp-tEdtoanIraredbyreason oftheRlolicFbocrcbcrany other reocrcls that inpart oc tructive rdieeof matters effect irgtheTiitle (g)"Land':The lan ddescri bed inSdned_leA end affixed iapua etsthat byla✓vcordituterealprpaty.Thetem"Land'does rdindude any prpertybeyand the lines of the area descri bed inSdheduleA rcranyright,title,irteest,est ate,or easerret in&tti rig st rest s,rte,avenue,alleys,lanes,ways,or wateways,but this does not rrodfy or lint the endet that a right of axes to and frcmthhe Land is irared by this policy. (h)"Mortgagd':Mortgage,deed of trust,trust died,or other security in tru7at,i rid udrg erne EvAdenosd by Elect ro is arms authorized by lam m ()"Rblic Fbocrcls�':Fboor&.established under state statutes at Dated Ftdicy for the pupcee d in parting eastnadive rdiee d rrattes relating to reel prcpaty to purdn sers fcr Aueand without WhoMedge Wth respect to Covered Rsk 5(d),"Rblic Fboorcls'shall also indudeenvira n atat protection Here.filed in the reocrcs of the clerk of the United States L]striot Oxd for thedstriot wherethe Land is located. ()"Titld':The estate or irterest described in SdnedJeA "LhTeketadeTitle!':Title effected by ah alleged or apparent natter that world pent a prospective purchaser or lessee of thheTitleor lender on theTitleto be rolesedfrcmthe old igticntopurchase,lease,or lend if there isacontractual condition rer}irirg the del ivayof narketadetitle 2.00NTI NUAIICN CF I WSJ:NC The coverage d this policy shall continue in force as of Dated Ftolicy in favor of an Insured,but any so lag as the Insured retains an estate or interest in the Land,or h>rlcf;an oIJigtian seared by a purollase nuW lvtcrtgage gvern by a purdTser franthe bared or criy so lag es the Insred shall ha e liability by reason d waraties in any trasfer or conveyance of the Title This policy shall eat continue in face infavnr of any p rchaser franthe Insured of Either()an estate or interest in the Lail,or(i)an oIJigatian seared by a purdme mahey Nixtgage given to the Insured. AOCH.06.2 Obvs F2ge2 d 5 3.NC111 CE CF CLAI M TO BE GVEN BY I NSIFED CLAI MANT The Insured shall notify the Obrrpery prarptly in writing(i)in cased ay litigation m set forth in Sedion 5(a)of theseOxhditia>s,(ii)in case KroMedcp shall ooreto an Insured here.rhda-of ay dalmof title or interest that is atveseto theTitle,as insured(and that rri Jt case lass cr damagefor whch the Oxhpary rray be liable by virtue oft Ns policy,or(iii)if the Title,as insured(is rejected a;l hrrai<etableTitle If the OxhpaTy is prejudiced by thefailure of the Irsure l Oerrart to provide prornpt notice the03TMVslia lilitytothelraredOainwt udarthepdicyshall be redtaoedtotheedet oftheprejudoe. 4.PF43CF CF LCISS In the e✓et the 03Tpary is unabieto deterrinethearrcunt of loss or dmwjee the Oorrp y rray,at its option,requreas a oaxition of payna t that the Insured Clarrat furisha signed pod of lass.Theprcof of lossmst desaibethedefect,HER exLrrbrarm,or other rnatterinsuredagairst bythspdicythat cansitutesthe bps of loss ordannageadshall state,totheodetpossible,the baisofcalc atingtheaiurtofthelossordaniage 5.DB=BVSEANDPFCSBQJIICNCFACfICNS (a)Low written req.a#by the Insured,and sued to the gDticrs oxtalned in Srxtion 7 of these Oanitias the 0on-pery,at its om oat and withc t urersaa-Etjedelay,shall prWcIeforthedefe>secfanIrscredinlitigationinwhdnaythrdpaty asserts adaimca edbythepdicyadversetothe Irsurd Ths djigation is lirrited to any those stated cases of ation allegrg rnttes irared against by the policy.The Gmay shall ha✓ethe ri ft to select counsel of its choice(-%4ed totherignt of the-Insured toobject for reasonable case)torgoreset the Insured astothosestatedcasesof action It shall not be liadefcra-dwill not paythefeesof ayotherccunsd.TheOTxrpanywill rot payarryfees,costs,or EDpersesinorrejby the Insured inthe deferseof thosecasesof ationthat allegarrcttesnot irsuredagairst bythispdicy. (b)TheO paryshall hatetheright,in aditirntothegcionsoxtalnedinSection7ofthese0ordtiorr,at itsoNncost,to irstituteanodpresec tearyactionor preoeedng cr to cb a°y other at that in its canon rray be necessary or d3sireableto establish the Title,as insured,or to pram it or reduce loss or dannagetothe Insured.The Owparry rray take arty apprcptiete action under theterrs of the policy,whether or not it shall be Iiabletothe Insured The ecerdseof these rifts shall not be an a_lnissrn of liability or waiver of ay proieorn of the policy.If the Owparry e rotes its ri Jnts uxler the scbaedion, it must to so diligently. (c)Mai-Ew the Oxhpar y brings an action or assets a defense as regired cr perritted by the policy,the Oxhpacy Tray pusuethe litigation to a final d terrinatirn by a cart of conpetet juisdction,and it Wessly reserves the right,in its sole dscrotian,to appeal ay aJvssejudgnat or order. 6.DUTY CF I NSLF;ED CLAI MANT TO COCPBPATE (a)In all case wherethspolicypewitsarecorestheOxhpanytoproaeateorprWdeforthedefeiseofanyaoticnorprooeecirga-danyappaels,theInsured shall ssc retothe Qrrpe ry the ri�nt to so prosecute or provide defense in the action or proeeedng,inducing the rigt to use at its gcion,the Terre ot the Insured for the purposeWieie✓errec}estedbythaO pery,theInsured,attheOxhpanysepaiso shallgvetheOxhpayallreascredeald(i)in ssarirg ENAclanoe ctitaringwitnesses,proseatirg or defexirg the action or proceeding or effedirg settleTent,a-d(ii)in any other lavful ad that in the gjrion of the Oxhpay rray be necessary or desrableto establish the Title or arry other matter as insured If the Oorrpany is prejudoed by thefelure of the Insured tofurish the required cooperation,the OxhpaVs djigaticn tothe Irsured unla-the pdicy shall terrinate,inducirxg a°y liability cr djigatien to defend,proseate,cr octirxearry litigationR Wth regTd totherrttter or mattes rodrgsuch eooperation (b)The O Tpe ry Tray re sanaljy re}irethe Irsrred OaiaE t to&imit to ooTiretion utter odh by pry auth&md represertative of the OxrpEr y a-d to prod cefcr ocahinatien,inspection,and ocl*rg,at such reasanrbletirres ad pla es as rray be clesigreted by thea.thonzed relrese tatKeof the OmTo y, all records,inwhatever rredurineintained,indudng bucks,lecgas,d-ecks,nar>ranch ooresponclanc;v,reports,emsils,dsks,tapes,axlvidsmwhether bearing a date before orafter Date of Riicy,that reasonably plain tothe loss ordaraga Futher,if rerluestedbyartyauthcrimdrep resetativeof the Oxrpany,thelrsured0ainant shall grant itspe Tission,inwriting,for ayathoizedrepresetativeef theOxhpaytoemine inspect,andeopyall of these reaxcls in theaatody cr ocrtrd of a thrd qty that reasonably pertain tothe loss or damage All irfarrnation CIEEi"ed a;ocrfidatie by the Insured Tarrant praidedto the Oxrperrypusuant to ths Sect icn shall not bedsdesedtoothersuiess,in the reasan dejuckjrat of theCanpanry,it isneoessayin theadni istration of thedaim Failureef the Insured Oairrant to sbTit for coordination under oath prod oeay reasonably rerluested infaTrttien,or gat pernisson to secure reasonably necessary infoTttion frcmthrd panes as required in the srbsedian,uness prohibited by IaN or g vernn antal regulation, shall terrinateary liability of the OxTpary under the policy as to that dam 7.CPTI CNS TO PAY CROTFEIM SE SETTLE CLAI MS;TEWI NAIL CN CF UABI UTY In case of a demunder this pd icy,the Oxhpary shall have thefdlo,Mng a cl tiorhal gotiors: (a)To Pay or Tender Paynet of the Arurt of Insurance To pay or tender paTmront of theArreut of Irsurahoe under this policytogether with any costs,attanays'fees,aid eperses incurred bytheInsuredOanTrt that were athoimdby the O; yuptothetirreofpaflren tortender ofpayrratanontha ttheOxhp-ryisdjigatedtomay. L. on t he wHdse by the Ompery of ths optioR.11 liability and obligations;of the Ompainy to the lrsLred wider ths policy,at her than to n-akethe payiiianl: rored in the sUbsection,shall terminate,inducing arry liability or obligation to defe cl,presec tp,or continue any litigation (b)To Pay or Qhawdse SdtleMh Parties Other Than the Insured or Wth the Insured OainTrt. (i)To pay or otherwise settle with other parties for or in the Terre of an Insured Oairrent arty claim insured against under the policy.In abitien,the Oxrperry will pay any ousts,ettmiso fees,add open s%incurred by the Ireured Oamart that wereathorizJ by the Omloary cptothetirre of payrrat a-d that the 03Tpe yisdligatedtopEy,or (ii)To pay or otherwise settle with the Insured Oainat the loss or damage praidalfor under the policy,tcgsther with pry costs,attareys fees,and egna-sed incurred by the Insured Taint that were a.thorizEd by the Oxhan-ry cptothetirreof loanrent and that the Qrnpary is old igated to pay. t�ah the exercise by the Oxrpary of ether of the options pro idedfor in subsections(b)(i)or(ii),the OorpVs old igtic ns to the Insured under this policy for the dairrsd less or darrage,other than the payrrats required to be aude,,shall terrinate including my liability or obligation toclafen(proseate,or catinaeaTy litigation 8.DETBRVll WnCN AND BUENT CF UABI UTY Ths policy is a contract of indahrity against actual rronetary less or darage sustained or incurred by the Insured Oairrat who hes suffered lass or dame by reason of rr>ttes insured against bythspolicy. (a)The adet of liability of the OoTpEr y for lass or daregas under the pdcy shall not oceeed the lesser of (i)theA Tcu t of Irsurahoe or (i)the difference between thewiLeof the Tiitlem insured and the value of theTitle al ject tothe risk insured agarst by the policy. AOCH.06.3 Ow Fbgg 3 of 5 (b)Ifthe0orperypxsrss its rightsun der-SEdion5of thEse0orclitionsard is umuooEssfd inestalishingthiaTitlE;asirsred, (i)theATart of Inaranoeshell beincreesedby 100/q a-d (ii)the Irsired C]arrart shall hevethe ri ft to h a ethe loss or daregedetenined Either a;of thtedatethe damwas Trade by the Ins red C]arrat creed the date it issEttledandpaid (c)In aditimtotheedatdliabilityuxlrr(a)axl(b),the Ca7perrywill also pay thosecosts,attorneys fees,atagoasasincuredinacoadancewithSedias 5 end 7 of theseGindtiors. 9.UMITATICNCFUABIUTY (a)If the Qrrparry establishes the Title,or reroves the alleged defed,lien,or maul brand cr ores the lad<d a right of access to a front he;l-a-d or of res thedamd UnesketaleTitlE;all asinaxed,in areasoneldyciligat nuyxrbyaryrrethod,indudrglitigationaxi the coVetionof a ry ls,it shall h aefdly pefonred its cldigdicrswith respect to that rrdter axi shall not beliatleforay losses darayecased to the InarEd (b)In the&e t of ary litigation,inductrg litigation by theO3Tpaty cr with the OtrrpaVs oorsert,the OjTperry shall have ro liability for loss or dared util there has been afinal deterrination by a cart of ocrrpetet juiscidion,axi cispcetion of ail appEas,admseto the Tiitle,as irwed. (c)Tie 0orpar y shall riot be liablefa Toes cr daragetothe Ins red fcr Iiahality vdutaily asaxred by the Ina.red in settling any damor scit withod the prior written cawt of the Oanper y. 10.RDLcf1CNCFINSUPANCF FuD-cf1CNCRTBRV➢NAnCNCFUABIUTY All prratsunderthispacy,acept peyrretsrradeforooEts,attcmeys feed andepa5es,shall redmtheArrart d Irsnxancebythearad d thepayn-et. 11.UABIUTYNCN MLJLAl1VE The Arrant of Irsu Brice shall be redaoed by any anxrt the QxrpErny pays uncr ahy policy irsl rirg a Mortgage to whidn EKoEoion is taken in SJisdle B cr to which the Irsr.red has agreed,awned or taken abject,or which is EXeated by an Irsu-ed after Date of Wlicy a-d which is a dherge or lien on the TitIE;at the arced so paid shall bedeerred a paynet tothe Irsu ad unck7 this policy. 12.PAYMENT CF L0SS Wm liability axl theatet of loss or da rage have been definitely fixed in accordaimewith these Cionciticrs,the payiret shall be rradewithin 30 days. 13.RGiTS CF Y UPCN PAYMENT CRSETTLBVIBNT (a)Wherever the Oorricerny shall have settled erd paid a dam under this policy,it shall be scbrcgated and entitled to the rights of the Irscred(]a neat in theTitle and all other rights and re ecies in respect tothedamth oat the Irsr red Gamut has agrirst ary ,person or prgcerty,tothe edErt d theara t d any Ices,costs,attorneys fees,a-depersespEidbytheOmpery.If rEg.estedbytheOmpary,thelnared(airrest shall eacdedocuretstoEVidancethe tra-dEr to the Ompeny of these rights and rerecfes.The Irsrred(larrart shall penit the Carry to sue,corprorrisF,-or settle in the nared the Irsu-ed C]ainBI and to usethte rere d the Irsued(airrert in any trasaction or litigation invd*ig these rights and re recles. If a payrret on axut of a damdoes rrt filly cover the lass d the Irsu-ed(]arrest,the Ompeny shall defy the exercise d its right to reXX7Ae util after the I rsu-ed aanert shall have racmered its loss. (b)11ieO2on-peny s rigs d sckrogetion includesthe rights of the Irsuedto in:lerrities,g.erarties,other pdicysd irwerm,or baxis,noWthstaicirg any there or oondtiors oataned in those irstnrrats that address sctrogrtion rights. 14.AFBITPATICN Ether the Qrrpery or the Irsrred rray derrand that thedamor ocrtromW shall be s±nitted toabitration pusn.iat totheTitle harahoeArtdtration Fdtes of the Arreican Lend TiitleAssociation("Rtes").Bcoeft as provided in the Fdtes,there shall berojoinde-ormscliclation with darrsor controversies d other priors, Arbitrable rrettes rray include,taut are riot t Iirrited to any oc tramsy or dam be✓✓teen the Om parry and the Irsued arising out of or relating tothis policy,any servioe in connection with its issuance or the breads of a policy provision,or to any other octroversy or dam ailing out of thetrasaction gving rise to this policy.Al abtracle rretters when the Arrant of Irscraioe is$2,000,000 or less shall be abtrated at the option of Either the(brrpany d the Irsued.Al atcltrabe rrdtErs when theArrart of brarane is in access of$2,000,000 shall be abtrated any when agreed to by both th>eCrnrpnny end the Ins red.Arbitration pursart tothis policy ad under the Ries shell be bindng rpon the perties.Judgre t upon theaAVad rendered by theArbitrator(s)may beetered in any mart Of earicetet ju;sddim 15.UABIUTYUMITBOTOTHSPQJGY;FoQJCYBVTIF;EOCNTRACT (a)This policy tocia-ther Wth ail enclorserre%if ay,attached to it by the Ompary is theentire policy end ocrtract betweentheIsrredendtheOmpary.In irteprating ary proOsion of this policy,this policy shell be ocrstn ied as a whrole (b)Arty damn loss or dar ageth at aises cut of the statm of th aTitleor by any action asserting such damsh all be restricted tothis policy. (c)Aany arenchret of or exia-seret tothis policy mast be in writing end ache ticated by an athoriasd person,or Wessly incorporated by SJmcUeAof this policy. (d)Each a clu se r a nt tothis policy issued at any ti rre is nB Je a pat of this policy a-d is a4ect to all d its tens end provisions.Except as the a dmerret Wessly states,it does riot(i)nucify any of thatErn-is arid proAsiors of the policy,(ii)rrodify any prior encloiwTent,(iii)edendtheCatedRdicy, or(iv)increesetheArrart of Ins a m 16.SB/BDABIUTY In the eml any provision of this pdcy,in whole or in part,is held irrrdid or unenforosebe under applica de lam,the policy shall be deerred not to irdude th at provision or suds part held to be invalid,but all other provisiors shall reran in ful foroe axl effect. AOCH.06.4 Oa/f Pag;4 d 5 17.CHO CE CF LAW,FCRJ\A (a)Chcioe d Lav;The Insued aJT o,MecUas the CaYpa-y has urdewiitter the risks me-ed by this pcl icy axd deterrined the preriu ndiarged the-dcr in rdiaioe Lpai the I aN affecting i rtaests in red prcps ty aid Oicadeto the irtepretatioi,rigts,rerecies,or eforcaret of policies d title insuaroe d the juiscidcn whe-e the Land is located Therefore;theoart or an atdtrator shall apply the I aN d thejuiscidicn whaethe Land is located to deterrinethevaiicity d darrs agrirst theTitlethd are adv ersetothelrsueda-dtoirtexreta-defocetheterrsdthispdicy.Innatlarcase shall the cart cratitratcrapply its ooflidsdIaNprindptesto cleterrine the 0icableIaiv. (b)Qxioed FbrLm Prry litigation or dha prooeecirg bra.gt by the Insued against the Oxrpary mist be filed oiy in a state or felled oart within the Uited States of Arraica or its teritaies having eg3g3iatejuiscidial 18.NM C6,VV-EFE SENT Arrynoticed dam aid anydhanotioeostate art in writirgrecliked to be jvEn to the 03TperyundErthspolicyni.Et be gven to&eOwpary at: Chicago Titlelrsara-ceO3rpary,Attu Qainr I$artm t,P.Q Boc45023,Jacksonville,R.aida32232-5023. AQCH.06.5 Gbvs Paqq 5 d 5 LTG Policy No. CTAI50021302 Form AO/CHI Chicago Policy No. 72306-30867 Our Order No. V50021302 Schedule Amount $525,000.00 Property Address: 158 EAST GORE CREEK DRIVE#132 VAIL CO 81657 1. Policy Date: January 04, 2008 at 5:00 P.M. 2. Name of Insured: VAIL FIVE K, LTD., A COLORADO LIMITED PARTNERSHIP 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: FEE SIMPLE AS TO AN UNDIVIDED 50% INTEREST 4. Title to the estate or interest covered by this policy at the date hereof is vested in: VAIL FIVE K, LTD., A COLORADO LIMITED PARTNERSHIP 5. The land referred to in thispolicy isdescribed asfollows: AN UNDIVIDED 50% INTEREST IN AND TO THE FOLLOWING PROPERTY: CONDOMINIUM UNIT 132, THE LODGE APARTMENT CONDOMINIUM, ACCORDING TO THE MAP THEREOF AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED MAY 5, 1970 IN BOOK 217 AT PAGE 531, COUNTY OF EAGLE, STATE OF COLORADO. This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Chicago Title Insurance Company Form AO/CHI LTG Policy No. CTAI50021302 Chicago Policy No. 72306-30867 Our Order No. V50021302 Schedule B This policy does not insure against loss or damage(and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of- General Exceptions: 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. 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. 2007 TAXES DUE, BUT NOT YET DELINQUENT. 6. EXISTING LEASES AND TENANCIES, IF ANY. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 8. 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. 9. 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 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 30, 1971, IN BOOK 221 AT PAGE 492. 10. 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 MAY 05, 1970, IN BOOK 217 AT PAGE 531 AND IN INSTRUMENT RECORDED OCTOBER 23, 1973 IN BOOK 231 AT PAGE 612. Form AO/CHI LTG Policy No. CTAI50021302 Chicago Policy No. 72306-30867 Our Order No. V50021302 Schedule B NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 9 OF SAID DECLARATION. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF THE LODGE APARTMENT CONDOMINIUM. 12. TERMS, CONDITIONS AND PROVISIONS OF ABSTRACT OF LEASE RECORDED OCTOBER 13, 2004 AT RECEPTION NO. 894152. 13. DEED OF TRUST DATED DECEMBER 28, 2007, FROM VAIL FIVE K, LTD., A COLORADO LIMITED PARTNERSHIP TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COLORADO BUSINESS BANK TO SECURE THE SUM OF $525,000.00 RECORDED JANUARY 04, 2008, UNDER RECEPTION NO. 200800230. NOTE: IT IS UNDERSTOOD THAT THE PROPERTY ABOVE DESCRIBED IS AN UNDIVIDED INTEREST AND THERE IS EXCEPTED FROM THIS POLICY THE RIGHTS, TITLE OR INTERESTS OF THE OTHER TENANTS IN COMMON; AND INSURER SHALL NEVER BE LIABLE TO REPRESENT THE INSURED OR TO PAY THE COURT COSTS IN ANY LITIGATION FOR PARTITION OR FOR ENFORCEMENT OF ANY OTHER RIGHTS, TITLE OR INTERESTS OF SUCH TENANTS IN COMMON. ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF VAIL FIVE K, LTD., A COLORADO LIMITED PARTNERSHIP.