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Home My WebLink AboutADM130017 ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name:Dobyns Duplex Plat Application Type:DupSubPl ADM Number: ADM130017 Parcel: 2101-023-0102-0 Project Description:Duplex Subdivision Participants: OWNER WINDSURFER LLC 12/10/2013 PO BOX 1644 DUXBURY MA 02331-1644 APPLICANT PEAK LAND 12/10/2013 Phone: 970-476-8644 BRENT BIGGS Project Address:3080 BOOTH FALLS CT VAILLocation: Legal Description: Lot: 10 Block: 2 Subdivision: VAIL VILLAGE FILING 12 Comments:See conditions BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 12/18/2013 Meeting Date: 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: CON0013518 The applicant shall make the changes and corrections to the plat as reflected on the marked-up draft duplex plat copy prior to printing the plat on mylar for signatures. Planner:Warren Campbell DRB Fee Paid: $100.00 � � � � \J � DDepartment of Community Development 75 South Frontage Road TOWN OF VAII; �� n6 2013 va�i, co s�ss� Tel: 970-479-2128 www.vailgov.com '('OWN (�F �AIL , � Development Review Coordinator � _. -- - ' - Minor Subdivision Review r`� Application for Review by the .C=� 4.�'�- -Planning and Environmental Comrr�ission �� ,, _ � General Information: This application is for a request to subdivide not more than four(4) lots fronting on an existing street, not involving any new street or road or the extension of Municipal facilities and not adversely affecting the devel- opment of the remainder of the parcel or adjoining property. "Minor subdivisions", as defined in section 13-2-2 Defini- tions, Vail Town Code, shall be exempt from requirements related to preliminary plan procedures and submittals. Please see Section 13-4, Minor Subdivisions, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailqov.com. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. Fee: $650 Description of the Request: _I�C�IDE(�� —t�1 5��yl�Ibl� ' -'� .�- ,�...,�J�� -��1�/��i��l\� - �_T" /%7 c��-x�_IL. �=-... l/�(L �'L,� .�',C�f� �2 Physical Address: 3O�C� ��T11 /f�L4 �al�.'�_�'7� �`1�T1-1 r"tl.`7 �[� Parcel Number: %�'>�c'J�UC7 i �� t'-'�� (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: I i��,S%,P� �-G Mailing Address: � �� i`7� � {.�[1�'f �� Z��1 � Phone: �I-7 �0� �64`T Owner's Signature: Primary Contact/Owner Representative: �C� '�! ►� Mailing Address: �C� �j�,��- t ��gi�-`��('�� Phone: �l� �0� /�-1'7 E-Mail: ��N�i� CbG'f'f�TFF1�1_�N� lY'�(_Ol`�'1 Fax: 1 �� q7i 4 �� 'lrf� ��(�'��"�s-�.r��c7"d �� l'i��,�..[��. A�f�7� �� )�76 -�� , � For Office Use Only: Cash CC: Visa/MC Last 4 CC# Exp. Date: Auth # Check# �� Fee Paid: ,� S U Received From: Meeting Date: o � �2. I�I' . PEC No.: 1 ,3 GU Planner. Project No: ��s��--("�-j D S � Zoning: Land Use: Location of the Proposal: Lot:�_Block: Subdivision: V %��- t� *******+**********************************+************************************************* TOWN OF VAIL, COLORADO Statement ********************************************�*************+**********************�******+*** Statement Number: R130002079 Amount: $100. 00 12/10/201303:08 PM Payment Method: Check Init: CG Notation: ck 1841 peak land applied to PEC130039 ----------------------------------------------------------------------------- Permit No: ADM130017 Type: Administrative Parcel No: 2101-023-0102-0 Site Address: 3080 BOOTH FALLS CT VAIL Location: Total Fees: $100.00 This Payment: $100.00 Total ALL Pmts: $100.00 Balance: $0.00 *********+*****************************************************************************+**** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 Administrative Fee 100.00 ----------------------------------------------------------------------------- n� / -- ct vS� ��c�� "�c�` �� Iv CK- � ��f I �� - � � � 0 V � DDepartment of Community Development 75 South Frontage Road TOWN OF VAIL; �� -'� �� va�i, co s�ss� Tel: 970-479-2128 www.vailgov.com "�OW(� ��' �A��'R � Development Review Coordinator Minor Subdivision Review Application for Review by the Planning and Environmental Commission General Information: This application is for a request to subdivide not more than four(4) lots fronting on an existing street, not involving any new street or road or the extension of Municipal facilities and not adversely affecting the devel- opment of the remainder of the parcel or adjoining property. "Minor subdivisions", as defined in section 13-2-2 Defini- tions, Vail Town Code, shall be exempt from requirements related to preliminary plan procedures and submittals. Please see Section 13-4, Minor Subdivisions, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailqov.com. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. Fee: $650 Description of the Request: a;�IDE(yT�� c71 Si--��jy1S�bl� ��1�1��k� ��>�i� ��1�� - �{��7� =-- � f/,,�i� �/��c�� Z Physical Address: 30�(� ��pTl-( ,�/�.L� LQC.1��_,�'7� �ibT(-1 IcAi1_5 �� Parcel Number: ��;`.�C��.�.��i-��..—,.� (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: VJ 1M��.j�'�t� u-� Mailing Address: � ��C ��i`7� . I�iJ��'f . �� C�Z�SI' Phone: 6I�7 �'f)g !647 Owner's Signature: - Primary Contactl Owner Representative: �'�i�' ��y�y� Mailing Address: �C'� �� i��1�1�`'�� (�,�7 � Phone: ��7 �D� /�,�7 E-MaiL•��'(1�(�,� CdG'�T�L.Q`JN�j�„'�C.OI"''l Fax: 1 �I 9?i q- 58�6 ��.��5��"�c�� l'��, ��" �� For Office Use Only: Cash CC: Visa/MC Last 4 CC# Exp. Date: Auth# Check# �� Fee Paid: s S(� Received From: Meeting Date: 0 � t 3 I�' . PEC No.: �'(.� 6 -'-, Planner: Project No: �5��.-�j�05 • Zoning: Land Use: Location of the Proposal: Lot:��Block: Subdivision: U �� t� *****�********+********************************�***********************+******************�* TOWN OF VAIL, COLORADO Statement ****************+****************+*+++**********»*�******************++**********+********** Statement Number: R130002069 Amount: $650.00 12/06/201302 : 59 PM Payment Method: Check Init: CG Notation: ck 1841 peak land consultants ----------------------------------------------------------------------------- Permit No: PEC130039 Type: PEC - Minor Subdivision Parcel No: 2101-023-0102-0 Site Address: 3080 BOOTH FALLS CT VAIL Location: Total Fees: $650. 00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 650. 00 ----------------------------------------------------------------------------- TOWN OF VAIL �� CommunityDevelopment JOINT PROPERTY OWNER Department 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) P�r� ��Y�V'�7 , a joint owner, or authority of the association, of property located at '3c7�0 '�csT�-i �f�4(� provide this letter as written approval of the plans dated 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: ��1��1 rl/ki_ D�.�I �C ��1.��►tiN 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 appro ' e Su 'ttal of an application results in the applicant agreeing to this statement. i 2 ignature D te �� t�L�i{ Print Name � 12/6/13 Account Account: R007535 Location Owner Information Assessment Historv Situs Address 003080 BOOTH FALLS Owner Name WINDSURFER LLC Actual(2013) $540,640 CT Owner Address PO BOX 1644 Primary Taxable $156,790 Tax Area SC103 -VAIL(TOWN)- DUXBURY,MA 02331-1644 Tax Area: SC103 Mill Levy:46.9400 SC103 Type Actual Assessed Acres SQFT Units Parcel Number 2101-023-01-020 Land $540,640 $156,790 0.390 0.000 0.000 Legal Summary Subdivision:VAIL VILLAGE FILING 12 Block:2 Lot: 10 BK-0225 PG-0668 WD 09-15-72 BK-0474 PG-0977 QCD 11-09-87 BK-0600 PG-0480 QCD 01-01-93 Transfers Sale Price Sale Date Reception Number Book Page $1,000,000 08/28/2012 201217659 g4$ 4,800 12/20/2006 200635569 Image s • Photo • G1S property.eag lecounty.us/assessor/taxn�eb/account.jsp?accountN um=R007535 ��2 , Land Title Guarantee Company CUSTOMER DISTRIBUTION l.and T�le GUARANTEECOMPMIY WWW.ITGG�COM Date: 10-25-2013 Our Order Number: VTF50036313-6 Property Address: 3080 BOOTH FALLS CT. AKA LOT 10 BLK 2 VAIL VILLAGE FLG 12 VAIL, CO 81657 If yon have any inquiries or require further assistance,please contact one of the numbers below: For ClosingAssistance: For Title Assistance: Lynn Martin Vail Title"VTF"Unit 0090 BENCHMARK RD#205 Karen Biggs PO BOX 3480 610 WEST LIONSHEAD CIRCLE#200 AVON,CO 81620 VAIL,CO 81657 Phone:970-748-4784 Phone:970-477-4522 Fax: 877-375-5028 Fax: 970-476-4534 EMail: lynnmartin@ltgc.com EMail: eaglecountyrequests@Itgc.com ALPINE BANK OF AVON*TMX* WINDSURFER LLC PO BOX 7330 PO BOX 1644 AVON,CO 81620 DUXBURY,MA 23311 Attn: JAMIE WOODWORTH Attn: WINDSURFER LLC Phone: 970-949-3333 Fax: 970-949-3263 EMail:jamiewoodworth@alpinebank.com Sent Via EMail LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY 0090 BENCHMARK RD#205 5975 GREENWOOD PLAZA BLVD PO BOX 3480 GREENWOOD VILLAGE,CO 80111 AVON,CO 81620 Attn: ANDY STENMAN Attn: Lynn Martin Phone: 303-850-4137 Phone: 970-748-4784 Fax: 303-393-7837 Fax: 877-375-5028 EMail:astenman@ltgc.com EM ail:lynnmartin @ltgc.com LAND TITLE GUARANTEE COMPANY 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE,CO 80111 Atm: BOB BURNS Phone: 303-850-4160 Fax: 303-850-4196 Copies: 1 EMail:rburns@ltgc.com 08.05.13 . Land Title Guarantee Company Date: 10-25-2013 i.and Trtle Our Order Number: VTF50036313-6 GIIARANTEE COMPANY WWW.LTGC.COM Property Address: 3080 BOOTH FALLS CT. AKA LOT 10 BLK 2 VAIL VILLAGE FLG 12 VAIL, CO 81657 Owner: WINDSURFER, LLC, A MASSACHUSETTS LIMITED LIABILITY COMPANY Wire Information: (Please note: We do not accept ACH electronic transfers.) Bank:FIRSTBANK OF COLORADD 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone:303-237-5000 Credit:LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account:2160521825 Attention:Lynn Martin Need a map or directions for your upcoming closing?Check out Land Tide's web site at www.ltgc.com for directions to an of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Loan Policy 06-17-06 (Const. Loan) $2,778.00 Endorsement 101.2-06 (Lender) $3,900.00 Tax Certificate $25.00 TOTAL $6,703.00 ro�CONTACT.L ceizoo3� THANK YOU FOR YOUR ORDER! , i First American Title Insurance Company ALTA COMMITMENT Our Order No. VTF50036313-6 Schedule A Cust. Ref.: Property Address: 3080 BOOTH FALLS CT. AKA LOT 10 BLK 2 VAIL VILLAGE FLG 12 VAIL, CO 81657 1. Effective Date: July 05, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Loan Policy 06-17-06 $2,900,000.00 Proposed Insured: ALPINE BANK, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Tide to the estate or interest covered herein is at the effective date hereof vested in: WINDSURFER, LLC, A MASSACHUSETTS LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOT 10, BLOCK 2, VAIL VILLAGE, TWELFTH FILING, ACCORDING TO THE PLAT RECORDED AUGUST 16, 1972 IN BOOK 225 AT PAGE 89, COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2013 American Land TiUe Assaciation.All rights reserved. � AMER[CAN LAND T17LE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. �ssoc�,+r�or, All other uses are prohibited.Reprinted under license from the American Land TiUe Associatian. � I ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. VTF50036313-6 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interestto 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: 1. RELEASE OF DEED OF TRUST DATED AUGUST 16, 2012 FROM WINDSURFER, LLC, A MASSACHUSETTS LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BLUE SKY MORTGAGE, LLC TO SECURE THE SUM OF $450,000.00 RECORDED SEPTEMBER 04, 2012, UNDER RECEPTION N0. 201217660. 2. (ITEM INTENTIONALLY DELETED) 3. (ITEM INTENTIONALLY DELETED) 4. DEED OF TRUST FROM WINDSURFER, LLC, A MASSACHUSETTS LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF$2,900,000.00. NOTE: STATEMENT OF AUTHORITY FOR WINDSURFER, LLC, A MASSACHUSETTS LIMITED LIABILITY COMPANY RECORDED SEPTEMBER 04, 2012 UNDER RECEPTION NO. 201217658 DISCLOSES PETER J. DOBYNS AS MANAGER WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. 5. IF A FORM 101 ENDORSEMENT IS TO BE ATTACHED TO THE ALTA LOAN POLICY, COPIES OF THE FOLLOWING DOCUMENTATION MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY AT LEAST 3 BUSINESS DAYS PRIOR TO CLOSING: NOTE: EMAIL THE GENERAL CONTRACTOR'S CONTACT INFORMATION, INCLUDING THEIR EMAIL ADDRESS, TO ANDY STENMAN AT ASTENMAN@LTGC.COM AS SOON AS THAT INFORMATION BECOMES AVAILABLE. A. FINANCIAL STATEMENTS FROM BORROWER(S) AND LOAN GUARANTOR(S) THAT ARE � a _ � ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VTF50036313-6 Continued: NOT OLDER THAN ONE YEAR AND THREE MONTHS PAST ITS "AS OF DATE" B. FIXED PRICE CONTRACT BETWEEN BORROWER AND GENERAL CONTRACTOR. THIS IS TYPICALLY AN AMERICAN INSTITUTE OF ARCHITECT'S (AIA) FORM A101, A107, OR Alll FORM OF CONTRACT OR EQUIVALENT. C. LENDER'S CONSTRUCTION LOAN BUDGET (USES OF LOAN FUNDS). THIS IS USUALLY A MULTI-COLUMN SPREAD SHEET THAT CONTAINS TOTAL PROJECTS COSTS, BORROWER'S EQUITY IN THE LAND, BORROWER'S FUNDS TO BE DEPOSITED WITH THE LENDER, CONSTRUCTION LOAN FUNDS, AND OTHER SOURCES OF PROJECT FUNDS TO BE ALLOCATED TOWARDS LAND ACQUISITION, HARD COSTS OF CONSTRUCTION, TENANT IMPROVEMENTS, AND COMMISSIONS, ETC. D. LENDER'S CONSTRUCTION LOAN AGREEMENT E. INDEMNITY AGREEMENT FROM BORROWER(S), LOAN GUARANTOR(S), AND GENERAL CONTRACTOR F. MISC. DOCUMENTS (PAYMENT AND PERFORMANCE BONDS, APPRAISAL, LLC OPERATING AGREEMENTS, PARTNERSHIP AGREEMENTS, ETC. G. THE "AS PROPOSED" APPRAISAL H. A FULLY EXECUTED CONSTRUCTION DISBURSING AGREEMENT IN A FORM ACCEPTABLE TO THE COMPANY. NOTE: ADDITIONAL REQUIREMENTS MAY BE MADE AFTER RECEIPT AND REVIEW OF THE ABOVE INFORMATION. THE ISSUANCE OF THE FORM 101 ENDORSEMENT IS SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF THE POLICY TO BE ISSUED. ALSO, PLEASE EMAIL THE GENERAL CONTRACTOR'S CONTACT INFORMATION, INCLUDING THEIR EMAIL ADDRESS, TO ANDY STENMAN AT ASTENMAN@LTGC.COM AS SOON AS THAT INFORMATION BECOMES AVAILABLE. i ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. VTF50036313-6 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: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation,variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date 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. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (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. 8. 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 MAY 06, 1905, IN BOOK 48 AT PAGE 273. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1905, IN BOOK 48 AT PAGE 273. 10. 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 16, 1972, IN BOOK 225 AT PAGE 88 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 25, 1972, IN BOOK 225 AT PAGE 475. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON , ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VTF50036313-6 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: THE PLAT OF VAIL VILLAGE, TWELFTH FILING RECORDED AUGUST 16, 1972 IN BOOK 225 AT PAGE 89. � I. f 1 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 sub'ect real property may be located in a s�ecial taxin��district. B} A Certi�icate of Taxes IJue listing each taxing�unsdiction 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 Commiss�oners, the County Clerk and Recorder, or the Couniy 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 margm of the document. Note: Colorado Division of Insurance Re ulation 3-5-1, Section 7L requires that "Every title entity shall be responsible for all mat�ers which appear of record prior to the time of recording whenever the title entity conducts the closin�and is responsible for recordin or filing of legal documents resulting from the transaction which was closed". Provided that�and Title Guarantee Company conducts the closing of the insured transaction and is responsible for recordinp the le al documents from the transaction, exception number 5 will not appear on the Owner s Title Po�icy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner ma be available (ty�ically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitmen�from the Owner s PoIicy to be issued) upon compliance with the followin�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 Com�any must receive an a�propriate affidavit indemnifying the Company against un-filed mechanic s and material-men's liens. D The Company must receive pa�ment of the appropriate premium. E�If there has been construction, improvements or ma�or repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain covera�e for unrecorded liens will include: disclosure of certain construchon information; financial mformation as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity A reements satisfactory to the com�any, and, any additional requirements as may be necessary a�ter an examination of the aforesud 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 ener�y in the property; and B) That such mineral estate may incTude the right to enter and use the propei�y without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a) It is unlawful to knowin�ly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial or insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud�he 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 com�pany to provide any of the coverages referred to herein unless the above conditions are fully satis�ed. DISCLOSURE 02/2011 First American Title Insurance Company PRNACY 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, DB/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 assess 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