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HomeMy WebLinkAboutDRB140144TOWN OF~ Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Application for Design Review Changes to Approved Plans General Information: This application is for all changes to approved plans prior to Certificate of Occupancy. An applica- tion for Design Review cannot be accepted until all required information is received by the Community development De- partment. Design Review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Submittal Requirements: The Town of Vail offers two (2) methods for submittal of materials for review of applications. Materials can be submitted either digitally or on paper. Whichever method you select all materials shall be submitted in that format throughout the Design Review process. The Town encourages you to consider using the submittal of digital documents and plans. If submitting digitally all elements of the application shall be uploaded to the Town's share file site as a complete set of materials. If submitting paper three (3) copies of the materials noted with an asterisk (*) and one (1) copy of all others are required. The materials necessary to have a complete application are as follows: 1. Copies of all pertinent approved plans with illustrated, labeled changes. 2. Joint Property Owner Written Approval Letter, if applicable .. Fee: $20 ill Single Family [~ Duplex [J Multi·Family [! Commercial Description of the Request: The lower level concrete hot tub porch is to be expanded with a wood structure and stone piers. All details match existing house details Physical Address: 2801 Snowberrv Drive (east unit) Parcel Number: 2103-143-01-039 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Edwin and Kenda Gonzales Trust MailingAddress: Si~D l; ca~r'\.S ~12.e....,) &! /&tt~JiliSf:RUhU.(l""'S/~-c ?~~s : 480-430-8972 ~~~~~~------------------- Owner's Signature: Primary Contact/ Owner Representative: Martin Manley Archi ec s, Jeffrey P Manley AlA Mailing Address: PO Box 1587, Eagle CO 81631 -------------,...--------Phone: 970-328-1299 E·Mail: jeff@martinmanleyarchitects.com Fax: 970-328-1273 For Office Use Only: Cash_ CC: Visa I MC Last 4 CC # ____ Exp. Date: Auth # _______ Check# ____ _ Fee Paid: Received From: -------------------------- Meeting Date: ORB No .: ---------------------------- Planner: Project No:---------------------------- Zoning: Land Use: ------------------------- Location of the Proposal: Lot: Block: Subdivision: _______________________ _ Nov 2013 View your transaction progress 24/7 via SureClose. Ask us about your login today! Stewart Title - Edwards 97 Main Street, Ste W-201 Edwards, CO 81632 Date:April 03, 2014 File Number:01330-38520 Buyer:Edwin D. and Kenda B. Gonzales Trust Seller:Mountain C. I. Holdings Limited, an Ontario Corporation Property:2801 Snowberry Drive, A, Vail, CO 81657 Please direct all Closing inquiries to: Cindy Denney 97 Main St., In the Riverwalk at Edwards, #W-201 P.O. Box 503 Edwards, CO 81632 Phone:(970) 766-0232 Fax:(970) 926-0235 Email Address:cdenney@stewart.com Please direct all Title inquiries to: Linda Williams Phone:(970) 766-0234 Email Address:lwilliam3@stewart.com SELLER: Mountain C. I. Holdings Limited, an Ontario Corporation Delivery Method: Emailed BUYER: Edwin D. and Kenda B. Gonzales Trust Delivery Method: Emailed Listing Agent: Sonnenalp Real Estate, LLC 242 East Meadow Drive Suite D Vail, CO 81657 Contact:Corey Lamothe Phone:(970) 477-5300 Fax:(970) 477-5301 Email: Delivery Method: Emailed Selling Agent: Berkshire Hathaway HomeServices Colorado Properties 511 Lionshead Mall Vail, CO 81657 Contact:Craig Denton Phone:(970) 476-2482 Fax:(970) 476-6499 Email:denton@vail.net Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. Stewart Title - Edwards 97 Main Street, Ste W-201 Edwards, CO 81632 (970) 926-0230 Escrow Number: 01330-38520 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695060 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number:01330-38520 Escrow Officer:Cindy Denney Property Address:2801 Snowberry Drive A Vail, CO 81657 Buyer/Borrower:Edwin D. and Kenda B. Gonzales Trust "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-38520 Page 1 of 1 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title - Edwards 97 Main Street, Ste W-201 Edwards, CO 81632 (970) 926-0230 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-38520 004-UN ALTA Commitment (6/17/06) 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. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.You may review a copy of the arbitration rules at< http://www.alta.org/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-38520 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-38520 1. Effective Date: March 25, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's Policy 2006 (Extended)$2,125,000.00 Proposed Insured: Edwin D. and Kenda B. Gonzales Trust (b) A.L.T.A. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Mountain C.I. Holdings Limited, an Ontario corporation 5. The land referred to in this Commitment is described as follows: Lot 9A, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION BLOCK 9, A RESUBDIVISION OF LOT 9 according to the plat recorded March 21, 2014 as Reception No. 201404494 COUNTY OF EAGLE, STATE OF COLORADO. Purported Address: 2801 Snowberry Drive A Vail, CO 81657 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Reissue Rate 2006 Owner's Policy: Owner's Extended Coverage: Tax Certificate: $2019.00 To be determined $20.00 Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-38520 CO STG ALTA Commitment Sch A STO Page 1 of 1 STEWART TITLE GUARANTY COMPANY File No.: 01330-38520 The following are the requirements to be complied with: 1. 2. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. 4. 5. 6. 7. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, prepared by a registered Colorado surveyor, prepared after the construction of the property is complete, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the owners policy Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title Company and/or Stewart Title Guaranty Company. For Mechanic's Lien Coverage to be issued, the following is required: Receipt of and review by the Company of the following documentation: a. the name of the contractor, and whether said contractor is bonded b. a comprehensive list of all individuals and entities who supplied work and/or material affecting the subject property; and lien waivers from all of those individuals and entities c. financial statements from the owner(s) and/or contractor for our financial officers to review d. disclosure of certain construction and disbursement information including contract, plans, schedule of draws with copies of invoices and checks e. STG Indemnity Agreement: Construction signed by the owner and/or contractor, indemnifying against liens arising from, or relating to, labor, services and/or materials furnished to the land f. copy of the Certificate of Occupancy issued by the Town of Vail. NOTE: Approval of mechanic lien coverage must be obtained from authorized underwriting personnel of Stewart Title Guaranty Company. Relating to Mountain C.I. Holdings Limited, an Ontario corporation: The Company requires for its review the following: a) A properly authenticated Certificate of Incorporation b) Resolution of the managing directors authorizing the conveyance/mortgage to be insured and authorizing a managing director to execute the deed/mortgage c) A Certificate of Good Standing d) Execution of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: If the deed/mortgage is to be executed by an attorney-in-fact, then a duly executed Power of Attorney in COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-38520 CO STG ALTA Commitment Sch B I Page 1 of 2 STEWART TITLE GUARANTY COMPANY 8. 9. form for recording must be produced and recorded with proof from the managing directors stating the said Power of Attorney is valid and binding and duly authorized. Further Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. Execution by Authorized Trustee of the Edwin D. and Kenda B. Gonzales Trust, of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded May 21, 2012 as Reception No. 201210458. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-38520 CO STG ALTA Commitment Sch B I Page 2 of 2 STEWART TITLE GUARANTY COMPANY File No.: 01330-38520 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 2. 3. 4. 5. 6. 7. Rights or claims of parties in possession, not shown by the public records. Easements, or claims of easements, 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. Water rights, claims or title to water. 8. 9. 10. 11. 12. 13. 14. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded September 28, 1904 in Book 123 at Page 3 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. Protective Covenants recorded July 24, 1970 in Book 218 at Page 281 as Reception No. 113872, and instrument recorded November 17, 1970 in Book 219 at Page 120 as Reception No. 114734, also affidavit recorded April 28, 1971 in Book 220 at Page 379 as Reception No. 116033, and Amendment recorded April 28, 1971 in Book 220 at Page 380 as Reception No. 116034. Easement granted to Upper Eagle Valley Sanitation District, by Vail Intermountain Associates, in the instrument recorded August 7, 1970 in Book 218 at Page 417 as Reception No. 114008. All matters shown on the plat of Vail Intermountain Development Subdivision Block 9 recorded September 7, 1972 in Book 225 at Page 335 as Reception No. 121108. Town of Vail Revocable Permit to Erect or Maintain Improvements on a Public Right of Way recorded November 28, 2012 as Reception No. 201223826. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-38520 CO STG ALTA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 15. 16. 17. 18. 19. Town of Vail Revocable Permit to Erect or Maintain Improvements on a Public Right of Way recorded November 28, 2012 as Reception No. 201223836. Encroachment License Agreement recorded January 7, 2014 as Reception No. 201400305. License Agreement recorded March 18, 2014 as Reception No. 201404191. All matters shown on the Duplex Plat of Vail Intermountain Development Subdivision Block 9, a Resubdivision of Lot 9 recorded March 21, 2014 as Reception No. 201404494. Declaration of Covenants, Conditions and Reservations for Duplex Residence Located on Lots 9A and 9B, Vail Intermountain Development Subdivision recorded March 21, 2014 as Reception No. 201404495. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-38520 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-38520 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. B. C. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that “Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title - Edwards conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner’s Title Policy and the Lender’s Title 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. B. C. D. E. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. The Company must receive payment of the appropriate premium. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. b. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-38520 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when youßßrequest insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-38520 Page 1 Revised 11-19-2013