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HomeMy WebLinkAboutDRB18-0103_approved documents_1523401007.pdf Design ReviewBoard (DRB) Department of CommunityDevelopment 75 South Frontage Road West TOWN OF VA I L ACTION FORM Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Bernardo Residence 2018 Application Number: DRB18-0103 Application Type: Addition Date Applied: 03/30/2018 Project Description: Addition and remodel of existing townhome. CONTACTS Contact Type: Applicant Full Name: GPSL Architects (Henry Pratt) Address: 953 S. Frontage Road West 230 Vail, CO 81657 Phone: 9704761147 Contact Type: Property Owner Full Name: SHARON M. & WILLIAM J. BERNARDO CHILDREN"S TRUST Address: Phone: None Project Address: 4718 MEADOW DR B2 (210112402005 B2) (210112402005) Job Site Location: B2 Legal Description: Subdivision:BIGHORN TOWNHOUSES Lot: No Data Block:No SUBDIVISION Data Parcel Number: 210112402005 BOARDS/STAFF ACTION Motion By: Action: StaffApproved Second By: Vote: Date: 04/10/2018 Conditions: - Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter12-3-3 Appeals. - Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. - No changes to these plans maybe made without the written consent of Town of Vail staffand/orthe appropriate review committee(s). Planner: Jonathan Spence BighornTownhome Home Owner's Association 1 March 2018 To: Town of Vail From: Joseph M. Demmler, President,BighornTownhome HOA Cc: Bill & Sharon Bernardo Subject: ApprovalforAdditions to Units B2 and B4 On behalf of the Bighorn Townhome Home Owner's Association, the purpose of this memorandum is to communicate approvalof the HOA for the Bernardo properties as follows: 1. Addition for unit B2 has been app roved. 2. Minor change to the existing app rovedaddition for B4, has also been approved. These approvals are consistent and in compliance with the HOA Covenants. Please do not hesitate to reach out to me directly if additional information is required at 303.882.1755 orjmdemmler@mac.com Joe Demmler President,Bighorn Townhomes HOA of the rockies 10 W. Beaver Creek Blvd #221 , P. O . Box 980 Avon, CO 81620-0980 Phone: (970) 949 -9497 Fax: (970) 949-9486 www. titlecorockies . com Sharon M . and William J . Bernardo Children ' s Trust, an Illinois trust 221 Oak Knoll Road Barrington, IL 60010 BBernardo@ebconinc . com October 12, 2017 Commitment No. : 0818547-C6 Buyer' s Name(s) : Sharon M . and William J . Bernardo Children ' s Trust, an Illinois trust Seller' s Name(s) : Kyle Mork , APM Irrevocable Trust, a West Virginia trust , John Mork and Julie Mork Property : 4718 Meadow Drive #B2, Vail , CO 81657 Unit 2 , Tract B , Bighorn Townhouses , Eagle County, Colorado Dear Customer : Enclosed please find your Owner' s Policy of Title Insurance Number OP- 3 -2398352 , issued by The Title Company of the Rockies , as authorized agent for Westcor Land Title Insurance Company . You should retain this policy for safe-keeping, as it represents an important part of your evidence of title to the above captioned property . We would suggest you keep it with any other valuable documents you have concerning your real estate . We appreciate the opportunity to participate with you in this transaction . Should you have any other need for real estate title or escrow services in the future , such as refinancing or second mortgage financing, please do not hesitate to give us a call . Your relationship with us through this transaction may entitle you to substantial savings on the various title insurance products we can offer. If you have any other questions or concerns , please feel free to contact me at the telephone number shown above, and thank you again for using The Title Company of the Rockies . With best regards , Bracey £ Baumgardner Tracey L Baumgardner Escrow Officer Enclosure : as stated Service Beyond Expectation in Colorado fon Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Granby, and Winter Park (Closing Services available in Aspen and Glenwood Springs). POLICY NO . OP-3 -2398352 WS:v `l! WESTCOR LAND TITLE INSURANCE COMPANY n• ALTA OWNER ' S POLICY (6 - 17 - 06) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER ' S POLICY OF TITLE INSURANCE Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B , AND THE CONDITIONS , WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and , to the extent stated in Covered Risks 9 and 10 , after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1 . Title being vested other than as stated in Schedule A . 2 . Any defect in or lien or encumbrance on the Title . This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery , fraud, undue influence, duress , incompetency, incapacity , or impersonation ; (ii) failure of any person or Entity to have authorized a transfer or conveyance ; ( iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged , notarized, or delivered ; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney ; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law ; or (vii) a defective judicial or administrative proceeding . (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable , but unpaid . (c) 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 . The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land , and encroachments onto the Land of existing improvements located on adjoining land . 3 . Unmarketable Title . COVERED RISKS Continued on next page IN WITNESS WHEREOF , WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, Issued By : Title Company of the Rockies WESTCOR LAND TITLE INSURANCE COMPANY a ‘' By: mt : wL �a M t. egteor • ba ► 113 r . r ': esident t;�y� c . Attest: .. ..., ' ; ' .,,-` Secretary 4 . No right of access to and from the Land . 5 . The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land ; (c) the subdivision of land ; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice . 6 . An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records , but only to the extent of the enforcement referred to in that notice . 7 . The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land , is recorded in the Public Records . 8 . Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge . 9 . Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy , of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy , state insolvency, or similar creditors ' rights laws ; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors ' rights laws by reason of the failure of its recording in the Public Records (i) to be timely , or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10 . Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A . The Company will also pay the costs , attorneys ' fees , and expenses incurred in defense of any matter insured against by this Policy , but only to the extent provided in the Conditions . EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re- of this policy, and the Company will not pay loss or damage , cords at Date of Policy, but Known to the Insured costs , attorneys ' fees , or expenses that arise by reason of: Claimant and not disclosed in writing to the Company by 1 . (a) Any law, ordinance , permit, or governmental regulation the Insured Claimant prior to the date the Insured Claimant ( including those relating to building and zoning) restricting, became an Insured under this policy ; regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; ( i) the occupancy , use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy ( ii) the character, dimensions , or location of any improve- (however, this does not modify or limit the coverage ment erected on the Land; provided under Covered Risk 9 and 10) ; or ( iii ) the subdivision of land ; or (e) resulting in loss or damage that would not have been iv environmental protection ; or the effect of anysustained if the Insured Claimant had paid value for the ( iv) Title . violation of these laws , ordinances , or governmental regulations . This Exclusion 1 (a) does not modify or 4 . Any claim, by reason of the operation of federal bankruptcy, limit the coverage provided under Covered Risk 5 . state insolvency , or similar creditors ' rights laws, that the (b) Anygovernmentalpolicepower. This Exclusion 1 b does transaction vesting the Title as shown in Schedule A , is ( ) not modify or limit the coverage provided under Covered (a) a fraudulent conveyance or fraudulent transfer; or Risk 6 . (b) a preferential transfer for any reason not stated in Covered 2 . Rights of eminent domain . This Exclusion does not modify or Risk 9 of this policy . limit the coverage provided under Covered Risk 7 or 8 . 5 . Any lien on the Title for real estate taxes or assessments 3 . Defects , liens , encumbrances , adverse claims , or other matters imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed (a) created, suffered, assumed, or agreed to by the Insured or other instrument of transfer in the Public Records that vests Claimant; Title as shown in Schedule A . OP - 6 ALTA 6 - 17 - 06 Owner' s Policy (WLTIC Edition 3 /5 / 10) CONDITIONS 1 . DEFINITION OF TERMS located . The following terms when used in this policy mean : (i) "Title" : The estate or interest described in Schedule A . (a) "Amount of Insurance " : The amount stated in Schedule A, as (i ) "Unmarketable Title" : Title affected by an alleged or may be increased or decreased by endorsement to this policy , apparent matter that would permit a prospective purchaser or increased by Section 8 (b) , or decreased by Sections 10 and 11 of lessee of the Title or lender on the Title to be released from these Conditions . the obligation to purchase, lease, or lend if there is a (b) "Date of Policy " : The date designated as "Date of Policy " in contractual condition requiring the delivery of marketable Schedule A . title . (c) "Entity" : A corporation, partnership, trust, limited liability company , or other similar legal entity . 2 . CONTINUATION OF INSURANCE (d) "Insured" : The Insured named in Schedule A . (i) The coverage of this policy shall continue in force as of Date of The term "Insured" also includes Policy in favor of an Insured , but only so long as the Insured (A) successors to the Title of the Insured by operation of retains an estate or interest in the Land, or holds an obligation law as distinguished from purchase, including heirs, secured by a purchase money Mortgage given by a purchaser devisees, survivors, personal representatives, or next of from the Insured, or only so long as the Insured shall have kin; liability by reason of warranties in any transfer or conveyance of (B) successors to an Insured by dissolution, merger, con- the Title . This policy shall not continue in force in favor of any solidation, distribution, or reorganization; purchaser from the Insured of either (i) an estate or interest in the (C) successors to an Insured by its conversion to another Land, or (ii) an obligation secured by a purchase money kind of Entity ; grantee of an Insured under a deed delivered without Mortgage given to the Insured . (D) a payment of actual valuable consideration conveying 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED the Title CLAIMANT ( 1 ) if the stock, shares, memberships , or other equity interests of thegrantee are wholly-owned by the The Insured shall notify the Company promptly in writing ( i) in case of any litigation as set forth in Section 5 (a) of these Condi - named Insured, , , (2) if the grantee wholly owns the named Insured, tions , (ii) in case Knowledge shall come to an Insured hereunder (3 ) if the grantee is wholly-owned by an affiliated of any claim of title or interest that is adverse to the Title , as Entity of the named Insured, provided the affiliated insured, and that might cause loss or damage for which the Entity and the named Insured are both wholly-- Company may be liable by virtue of this policy, or ( iii) if the owned by the same person or Entity , or Title, as insured, is rejected as Unmarketable Title . If the (4) if the grantee is a trustee or beneficiary of a trust Company is prejudiced by the failure of the Insured Claimant to created by a written instrument established by the provide prompt notice , the Company ' s liability to the Insured Insured named in Schedule A for estate planning Claimant under the policy shall be reduced to the extent of the purposes . prejudice . (ii) With regard to (A) , (B ), (C) , and (D) reserving, however, all rights and defenses as to any successor that the Company 4. PROOF OF LOSS would have had against any predecessor Insured . In the event the Company is unable to determine the amount of (e) " Insured Claimant" : An Insured claiming loss or damage. loss or damage, the Company may, at its option , require as a (f) "Knowledge" or "Known" : Actual knowledge, not constructive condition of payment that the Insured Claimant furnish a signed knowledge or notice that may be imputed to an Insured by proof of loss . The proof of loss must describe the defect, lien , reason of the Public Records or any other records that impart encumbrance , or other matter insured against by this policy that constructive notice of matters affecting the Title. constitutes the basis of loss or damage and shall state, to the (g)"Land" The land described in Schedule A, and affixed improve- extent possible, the basis of calculating the amount of the loss or ments that by law constitute real property . The term "Land" damage . does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or 5. DEFENSE AND PROSECUTION OF ACTIONS easement in abutting streets , roads , avenues , alleys, lanes, ways, Upon written request by the Insured, and subject to the options or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy . contained in Section 7 of these Conditions , the Company , at its (h) "Mortgage" : Mortgage, deed of trust, trust deed, or other secu- own cost and without unreasonable delay , shall provide for the rity instrument, including one evidenced by electronic means defense of an Insured in litigation in which any third party asserts authorized by law . a claim covered by this policy adverse to the Insured . This "Public Records" : Records established under state statutes at Date of obligation is limited to only those stated causes of action alleging Policy for the purpose of imparting constructive notice of matters matters insured against by this policy . The Company shall have relating to real property to purchasers for value and without the right to select counsel of its choice (subject to the right of the Knowledge. With respect to Covered Risk 5 (d) , "Public Records" Insured to object for reasonable cause) to represent the Insured as shall also include environmental protection liens filed in the records to those stated causes of action . It shall not be liable for and will OP - 6 ALTA 6 - 17 - 06 Owner' s Policy (WLTIC Edition 3 /5 / 10) - -- - --- -- - . - - --.- ------ - - ----- - - -- --- - - - ------1 ------ --- •__----_-- -____ ---.. -- of the clerk of the United States District Court for the district where not pay the fees of any other counsel . The Company will not pay the Land is any fees , costs , or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy . (a) The Company shall have the right, in addition to the options (a) To Pay or Tender Payment of the Amount of Insurance. contained in Section 7 of these Conditions, at its own cost, to To pay or tender payment of the Amount of Insurance under this institute and prosecute any action or proceeding or to do any policy together with any costs, attorneys ' fees, and expenses incurred other act that in its opinion may be necessary or desirable to by the Insured Claimant that were authorized by the Company up to establish the Title, as insured, or to prevent or reduce loss or the time of payment or tender of payment and that the Company is damage to the Insured. The Company may take any appropri ate obligated to pay. action under the terms of this policy, whether or not it shall be Upon the exercise by the Company of this option, all liability and liable to the Insured. The exercise of these rights shall not be an obligations of the Company to the Insured under this policy, other admission of liability or waiver of any provision of this policy . If than to make the payment required in this subsection, shall terminate, the Company exercises its rights under this subsection, it must do including any liability or obligation to defend, prosecute, or continue so diligently . any litigation. (b) Whenever the Company brings an action or asserts a defense as (b) To Pay or Otherwise Settle With Parties Other Than the Insured required or permitted by this policy, the Company may pursue the or With the Insured Claimant. litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole dis- (1) To pay or otherwise settle with other parties for or in the name p y g of an Insured Claimant any claim insured against under this cretion, to appeal any adverse judgment or order. policy . In addition, the Company will pay any costs , 6. DUTY OF INSURED CLAIMANT TO COOPERATE attorneys ' fees , and expenses incurred by the Insured In all cases where this policypermits or requires the Company to Claimant that were authorized by the Company up to the time (a) q p y of payment and that the Company is obligated to pay ; or prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so (ii) To pay or otherwise settle with the Insured Claimant the loss prosecute or provide defense in the action or pro ceeding, including or damage provided for under this policy , together with any the right to use, at its option, the name of the Insured for this costs, attorneys ' fees, and expenses incurred by the Insured purpose . Whenever requested by the Company, the Insured, at the Claimant that were authorized by the Company up to the time Company' s expense, shall give the Company all reasonable aid (i) in of payment and that the Company is obligated to pay . securing evidence, obtaining witnesses, prosecuting or defending the Upon the exercise by the Company of either of the options provided action or proceeding, or effecting settlement, and (ii) in any other for in subsections (b)(i) or (ii) , the Company ' s obligations to the lawful act that in the opinion of the Company may be necessary or Insured under this policy for the claimed loss or damage, other than desirable to establish the Title or any other matter as insured. If the the payments required to be made, shall terminate, including any Company is prejudiced by the failure of the Insured to furnish the liability or obligation to defend, prosecute, or continue any litigation. required cooperation, the Company ' s obligations to the Insured under the policy shall terminate, including any liability or obligation 8. DETERMINATION AND EXTENT OF LIABILITY to defend, prosecute, or continue any litigation, with regard to the This policy is a contract of indemnity against actual monetary loss or matter or matters requiring such cooperation. damage sustained or incurred by the Insured Claimant who has (b) The Company may reasonably require the Insured Claimant to submit suffered loss or damage by reason of matters insured against by this to examination under oath by any authorized representative of the policy . Company and to produce for examination, inspection, and copying, (a) The extent of liability of the Company for loss or damage under at such reasonable times and places as may be designated by the this policy shall not exceed the lesser of authorized representative of the Company, all records, in whatever (i) the Amount of Insurance; or medium maintained, including books, ledgers, checks, memoranda, (ii) the difference between the value of the Title as insured and correspondence, reports, e-mails, disks, tapes, and videos whether . bearinga date before or after Date of Policy, that reasonably pertain the value of the Title subject to the risk insured against by this policy . to the loss or damage . Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its (b) If the Company pursues its rights under Section 5 of these permission, in writing, for any authorized representative of the Conditions and is unsuccessful in establishing the Title, as Company to examine, inspect, and copy all of these records in the insured, custody or control of a third party that reasonably pertain to the loss (i) the Amount of Insurance shall be increased by 10%, and or damage . All information designated as confidential by the Insured (ii) the Insured Claimant shall have the right to have the loss or Claimant provided to the Company pursuant to this Section shall not damage determined either as of the date the claim was made be disclosed to others unless, in the reasonable judgment of the by the Insured Claimant or as of the date it is settled and paid. Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, (c) In addition to the extent of liability under (a) and (b) , the Corn - produce any reasonably requested information, or grant permission pany will also pay those costs, attorneys ' fees, and expenses to secure reasonably necessary information from third parties as incurred in accordance with Sections 5 and 7 of these Condi- required in this subsection, unless prohibited by law or governmental tions . regulation, shall terminate any liability of the Company under this 9 . LIMITATION OF LIABILITY policy as to that claim. (a) If the Company establishes the Title, or removes the alleged OP - 6 ALTA 6 - 17 - 06 Owner' s Policy (WLTIC Edition 3 /5 / 10) defect, lien, or encumbrance, or cures the lack of a right of access to 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS ; or from the Land, or cures the claim of Unmarketable Title, all as TERMINATION OF LIABILITY insured, in a reasonably diligent In case of a claim under this policy, the Company shall have the following additional options : manner by any method, including litigation and the controversies of other persons . Arbitrable matters may include, but completion of any appeals, it shall have fully performed its are not limited to , any controversy or claim between the Company obligations with respect to that matter and shall not be liable and the Insured arising out of or relating to this policy, any service in for any loss or damage caused to the Insured . connection with its issuance or the breach of a policy provision, or to (b) In the event of any litigation, including litigation by the Corn- any other controversy or claim arising out of the transaction giving pany or with the Company ' s consent, the Company shall have rise to this policy. All arbitrable matters when the Amount of no liability for loss or damage until there has been a final deter- Insurance is $2 , 000,000 or less shall be arbitrated at the option of mination by a court of competent jurisdiction, and disposition either the Company or the Insured. All arbitrable matters when the of all appeals, adverse to the Title , as insured . Amount of Insurance is in excess of $2 , 000, 000 shall be arbitrated (c) The Company shall not be liable for loss or damage to the only when agreed to by both the Company and the Insured. Insured for liability voluntarily assumed by the Insured in set- Arbitration pursuant to this policy and under the Rules shall be tling any claim or suit without the prior written consent of the binding upon the parties . Judgment upon the award rendered by the Company . Arbitrator(s) may be entered in any court of competent jurisdiction. 10 . REDUCTION OF INSURANCE ; REDUCTION OR 15. LIABILITY LIMITED TO THIS POLICY; POLICY TERMINATION OF LIABILITY ENTIRE CONTRACT All payments under this policy, except payments made for costs , (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the attorneys ' fees, and expenses , shall reduce the Amount of Insured and the Company . In interpreting any provision of this Insurance by the amount of the payment . policy, this policy shall be construed as a whole. 11 . LIABILITY NONCUMULATIVE (b) Any claim of loss or damage that arises out of the status of the The Amount of Insurance shall be reduced by any amount the Title or by any action asserting such claim shall be restricted to Company pays under any policy insuring a Mortgage to which this policy . exception is taken in Schedule B or to which the Insured has (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the incorporated by Schedule A of this policy . (d) Each endorsement to this policy issued at any time is made a part Title, and the amount so paid shall be deemed a payment to the Insured under this policy . of this policy and is subject to all of its terms and provi sions . Except as the endorsement expressly states , it does not (i) modify 12 . PAYMENT OF LOSS any of the terms and provisions of the policy, (ii) modify any When liability and the extent of loss or damage have been prior endorsement, (iii) extend the Date of Policy , or (iv) increase definitely fixed in accordance with these Conditions , the payment the Amount of Insurance. shall be made within 30 days . 16. SEVERABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR In the event any provision of this policy , in whole or in part, is held SETTLEMENT invalid or unenforceable under applicable law, the policy shall be (a) Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid, under this policy, it shall be subrogated and entitled to the but all other provisions shall remain in full force and effect . rights of the Insured Claimant in the Title and all other rights 17. CHOICE OF LAW ; FORUM and remedies in respect to the claim that the Insured Claimant (a) Choice of Law : The Insured acknowledges the Company has has against any person or property, to the extent of the amount underwritten the risks covered by this policy and determined the of any loss , costs, attorneys ' fees, and expenses paid by the premium charged therefor in reliance upon the law affecting Company . If requested by the Company, the Insured Claimant interests in real property and applicable to the interpretation, shall execute documents to evidence the transfer to the Com- rights, remedies , or enforcement of policies of title insurance of pany of these rights and remedies . The Insured Claimant shall the jurisdiction where the Land is located. the Companyto Therefore, the court or an arbitrator shall apply the law of the permit sue, compromise , or settle in the name t on where' urisdictihe L of the Insured Claimant and to use the name of the Insuredand is located to determine the validity of Claimant in any transaction or litigation involving these rights claims against the Title that are adverse to the Insured and to and remedies . interpret and enforce the terms of this policy . In neither case shall If a payment on account of a claim does not fully cover the loss of the court or arbitrator apply its conflicts of law principles to the Insured Claimant, the Company shall defer the exercise of its determine the applicable law . right to recover until after the Insured Claimant shall have (b) Choice of Forum : Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or recovered its loss . federal court within the United States of America or its territories (b) The Company ' s right of subrogation includes the rights of the having appropriate jurisdiction. Insured to indemnities , guaranties , other policies of insurance, 18. NOTICES WHERE SENT or bonds, notwithstanding any terms or conditions contained Any notice of claim and any other notice or statement in writing OP - 6 ALTA 6 - 17 - 06 Owner' s Policy (WLTIC Edition 3 /5 / 10) in those instruments that address subrogation rights . required to be given to the Company under this policy must be given 14. ARBITRATION to the Company at : Westcor Land Title Insurance Company, Attn. : Either the Company or the Insured maydemand that the claim or Claims, 875 Concourse Parkway South, Ste. 200 , Maitland, Florida p y 32751 . controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules" ) . Except as provided in the Rules , there shall be no joinder or consolidation with claims or OP - 6 ALTA 6 - 17 - 06 Owner' s Policy (WLTIC Edition 3 /5 / 10) Owner's Policy - Schedule B (continued) Order No. : 0818547-0 Policy No. : OP-3-2398352 SCHEDULE B EXCEPTIONS FROM COVERAGE 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: 1 . Taxes and assessments for the year 2017 and subsequent years , a lien , not yet due and payable . 2 . Right of the Proprietor of a vein or lode to extract and remove his ore therefrom , should the same be found to penetrate or intersect the premises, and right of way for ditches or canals constructed by the authority of the United States , as reserved in United States Patent recorded November 17 , 1902 in Book 48 at Page 492 . 3 . Covenants , conditions , restrictions , easement provisions, party walls and party wall rights contained in the Declaration of Protective Covenants and Party Walls for Bighorn Townhouses recorded November 12 , 1968 in Book 214 at Page 136 as Reception No . 109571 , Amendment thereto recorded April 12 , 1993 in Book 606 at Page 265 as Reception No . 502348 , and Second Amendment thereto recorded October 14 , 2016 at Reception No . 201617173 . 4 . Covenants , conditions , restrictions , notes ; easements , reservations and rights of ways as shown on the Plat of Bighorn Townhouses recorded September 12 , 1968 in Book 214 at Page 137 as Reception No . 109572 . 5 . Effect of public notice that the property is located in avalanche area recorded December 23 , 1975 in Book 243 at Page 824 as Reception No . 139967 . 6 . Covenants , conditions, restrictions and provisions of the Agreement Regarding Allocation of GRFA & Site Coverage for Bighorn Townhouses recorded September 21 , 2016 at Reception No . 201615424 . 7 . Deed of Trust from Sharon M. and William J . Bernardo Children' s Trust, an Illinois trust to the Public Trustee of the County of Eagle for the use of Nova Financial & Investment Corporation to secure $ 500 ,000 . 00 , dated August 29 , 2017 and recorded September 5 , 2017 at Reception No . 201717064 . Page 2 of 2 Anti - Fraud Statement NOTE : Pursuant to CRS 10 - 1 - 128 ( 6 ) (a ), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company . Penalties may include imprisonment, fines, denial of 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 the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies . This anti -fraud statement is affixed to and made a part of this policy . FINE tr..el 0 I I wave Town of Design Review Board c/o Town of Vail Community Development Department 75 S. Frontage Road Vail, CO 81657 April2, 2018 Re: DRB 18-0103, unit B2, BighornTownhomes Members of the DRB and Staff: The Owners on unit B2 at the BighornTownhomesare requesting your approval for an addition and remodel to this unit. They are proposingto expand the kitchen/dining areas as well as add a bedroom on the second level. The existing 2 story living room and stair will remain as is. The allowable GRFAforthis unit, as documented elsewhere allows for an increase of up to 547.1sf. With this application,we are requesting an additional 416.7sf. This is well below the allowable. Included in the proposed remodel is a new one-storyentry vestibule to be added to the east side where the new entrydoor will be located. Rather than come in through the kitchen as is currentlythe case, the new entry vestibule will provideforentry into the middle of the unit as well as provide something of a mudroom and entryfoyer. All materials, colors and aesthetic detail will match existing to the fullest extent possible. The proposedentryvestibule will match the one being proposedfor unit B4 in the same building (DRB 18-0102). No new parking or landscaping is being proposed as the site already has mature landscaping and the parking has proved itself adequate over many years. Thank you foryour time. GPSL ARCHITECTS , P . C . 953 S. Frontage Road West, Suite 230 • Vail, CO 81657 • tel: 970.476.1 147 info@gpslarchitects.com • www.gpslarchitects.com Owner's Policy - Schedule B Order No. : 0818547-0 Policy No. : OP-3-2398352 OWNER ' S POLICY OF TITLE INSURANCE issued by TITLE C '. Of file rockies i as agent for WESTCOR LAND TITLE INSURANCE COMPANY SCHEDULE A Order No. : 0818547-0 Policy Number: OP-3 -2398352 Amount of Insurance: $ 710 , 000 . 00 Premium : $ 1 , 893 . 00 Date of Policy : : September 5 , 2017 1 . Name of Insured : Sharon & William Bernardo Children ' s Trust, an Illinois trust 2 . The estate or interest in the Land which is covered by this policy is : Fee Simple 3 . Title to the estate or interest in the Land is vested in : Sharon M. and William J. Bernardo Children ' s Trust, an Illinois trust 4 . The Land referred to in this policy is located in the County of Eagle, State of Colorado , and described as follows : Unit 2 , Tract B, BIGHORN TOWNHOUSES, according to the Plat thereof recorded November 13 , 1968 in Book 214 at Page 136 as Reception No. 109572 , County of Eagle, State of Colorado. Countersi ned ■ y '. ' dao.. '�»�araroa::. ' o . to �ri:v ... .......va» r The Title Company of the Rockies Authorized Officer or Agent Page 1 of 2 Owner's Policy - Schedule B (continued) Order No. : 0818547-0 Policy No. : OP-3-2398352 SCHEDULE B EXCEPTIONS FROM COVERAGE 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: 1 . Taxes and assessments for the year 2017 and subsequent years , a lien, not yet due and payable . 2 . Right of the Proprietor of a vein or lode to extract and remove his ore therefrom , should the same be found to penetrate or intersect the premises, and right of way for ditches or canals constructed by the authority of the United States , as reserved in United States Patent recorded November 17 , 1902 in Book 48 at Page 492 . 3 . Covenants , conditions, restrictions , easement provisions , party walls and party wall rights contained in the Declaration of Protective Covenants and Party Walls for Bighorn Townhouses recorded November 12, 1968 in Book 214 at Page 136 as Reception No . 109571 , Amendment thereto recorded April 12 , 1993 in Book 606 at Page 265 as Reception No . 502348 , and Second Amendment thereto recorded October 14, 2016 at Reception No . 201617173 . 4 . Covenants , conditions , restrictions , notes ; easements , reservations and rights of ways as shown on the Plat of Bighorn Townhouses recorded September 12 , 1968 in Book 214 at Page 137 as Reception No . 109572 . 5 . Effect of public notice that the property is located in avalanche area recorded December 23 , 1975 in Book 243 at Page 824 as Reception No . 139967 . 6 . Covenants, conditions, restrictions and provisions of the Agreement Regarding Allocation of GRFA & Site Coverage for Bighorn Townhouses recorded September 21 , 2016 at Reception No . 201615424 . 7 . Deed of Trust from Sharon M . and William J. Bernardo Children' s Trust, an Illinois trust to the Public Trustee of the County of Eagle for the use of Nova Financial & Investment Corporation to secure $ 500 ,000 . 00 , dated August 29 , 2017 and recorded September 5 , 2017 at Reception No . 201717064 . Page 2 of 2