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HomeMy WebLinkAboutDRB19-0009_approved documents_1549563829.pdfACTION FORM Design Review Board (DRB) Department of Community Development 75 South Frontage Road West Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name:Peregrine Group Development 2019 Application Number: DRB19-0009 Application Type: New Construction Date Applied: 01/14/2019 Project Description: Tear down existing single family residence and add new duplex. CONTACTS Contact Type: Applicant Full Name: Krueger Architecture (Pavan Krueger) Address: PO Box 8332 Avon, CO 81620 Phone: 9703900968 Contact Type: Property Owner Full Name: PEREGRINE GROUP DEVELOPMENT LLC Address: Phone: None Project Address: 5002 SNOWSHOE LN (209918219014) (209918219014) Job Site Location: Legal Description: Subdivision: VAIL MEADOWS FILING 1 Lot: 23 Block:No Data Parcel Number: 209918219014 BOARDS/STAFF ACTION Motion By: Cahill Action: Approved Second By: Campbell Vote: 4-0-0 Date: 02/06/2019 Conditions: - 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. - Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail building personnel prior to construction activities. - This property is located in a "geological sensitive area" pursuant to 12-21. Prior to the issuance of a building permit, the applicant shall submit a site specific geologic investigation pursuant to 12-21-13. All reports and studies shall be prepared by a professional geologist or a registered professional engineer. - Prior to the issuance of a building permit, the applicant shall provide evidence that an avalanche hazard zone map by has been adopted and amended by Town Council to remove any "Red Zone" from the proposed development at 5002 Snowshoe Lane (209918219014) - Prior to the issuance of a building permit, the applicant shall submit an updated landscaping plan indicated at minimum (6) 8' trees located west of the entrance and near the proposed garage. Planner: Ashley Clark 5002 SNOWSHOE DRB NARRATIVE 5002 Snowshoe is an existing duplex, built in 1977. It has not been substantially renovated since, and is in need of updating. The current home will be entirely demolished, and a new duplex will be built in its place. The duplex will be 7500 square feet (not accounting for GRFA reductions), approximately equal in size. They will be 4-bedroom units, with two car garages. They are intended for single family occupancy. Due to the nature of the site, the first level will be walkout at the drive level, and the second level will be walkout at the opposite side of the property. The property is quite steep in areas, so walls against grade will be up to 14’ tall. There are steps in the elevations to provide for relief from a tall elevation facing the road. The drive will be no more than 8% so as to not require snowmelting. The existing single curb cut will remain approximately where it is currently located. By pushing the house into the hillside, ample room remains at the drive for parking, turnaround, and gracious landscaping. There will be boulder retaining walls around patios and at the back (high side) of the property, in addition to stone veneer site walls. There is an existing swale and culvert under the drive that will be regraded. The primary roof forms will be 2.125/12 shed and gable roofs, with small areas of low-slope roofs. The primary materials will be weathered wood siding, drystack stone veneer, and dark metal panels. Large window walls will provide views to the Gore and other prominent views on the site. Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number: V50051102-3 Date: 10/10/2018 Property Address: 5002 SNOWSHOE LANE, VAIL, CO 81657 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Charis Patterson 0090 BENCHMARK RD #205 AVON, CO 81620 (970) 748-4784 (Work) (877) 408-7373 (Work Fax) cpatterson@ltgc.com Contact License: CO419383 Company License: CO44565 Ashley Garton 0090 BENCHMARK RD #205 AVON, CO 81620 (970) 748-4789 (Work) (877) 408-7373 (Work Fax) agarton@ltgc.com Company License: CO44565 Eagle County Title Team 610 WEST LIONSHEAD CIRCLE #300 VAIL, CO 81657 (970) 477-4500 (Work) eaglecountyrequests@ltgc.com Buyer/Borrower PEREGRINE GROUP DEVELOPMENT LLC Attention: RICHARD SCHIERBURG Delivered via: Electronic Mail Agent for Seller COLDWELL BANKER COMMERCIAL NRT Attention: DAVID DRAHN 600 GRANT ST #900 DENVER, CO 80203 (303) 921-7902 (Cell) (303) 409-6400 (Work) (303) 409-1300 (Home) dave.drahn@coloradohomes.com Delivered via: Electronic Mail Seller/Owner MARTIN L WISSNER Delivered via: Electronic Mail LIV SOTHEBY'S INTERNATIONAL REALTY Attention: KEA PAKELE 34253 HWY 6 #2A EDWARDS, CO 81632 (970) 845-0400 (Work) (808) 429-6935 (Home) kpakele@livsir.com Delivered via: Electronic Mail Agent for Buyer LIV SOTHEBY'S INTERNATIONAL REALTY Attention: BENJAMIN FINN BEAVER CREEK LODGE PO BOX 539 EDWARDS, CO 81632 (970) 845-0422 (Work) (970) 445-0623 (Home) (970) 845-0423 (Work Fax) bfinn@livsothebysrealty.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number: V50051102-3 Date: 10/10/2018 Property Address: 5002 SNOWSHOE LANE, VAIL, CO 81657 Parties: PEREGRINE GROUP DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY MARTIN L. WISSNER Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 $1,909.00 Deletion of Standard Exception(s) $65.00 Tax Certificate (Tax Certificate Ordered) $26.00 Total $2,000.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Eagle county recorded 10/03/1985 under reception no. 322904 Plat Map(s): Eagle county recorded 12/09/1966 under reception no. 105077 Copyright 2006-2018 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. Property Address: 5002 SNOWSHOE LANE, VAIL, CO 81657 1. Effective Date: 10/05/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: PEREGRINE GROUP DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY $725,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: MARTIN L. WISSNER 5. The Land referred to in this Commitment is described as follows: LOT 23, VAIL MEADOWS, FILING NO. 1, ACCORDING TO THE PLAT RECORDED DECEMBER 9, 1966 UNDER RECEPTION NO. 105077, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:V50051102-3 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50051102-3 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. WRITTEN INSTRUCTIONS AUTHORIZING LAND TITLE TO PREPARE A STATEMENT OF AUTHORITY FOR PEREGRINE GROUP DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, STATING UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY; OR, A DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF PEREGRINE GROUP DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. NOTE: ANY STATEMENT OF AUTHORITY MUST BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 38-30-172, C.R.S. AND BE RECORDED WITH THE CLERK AND RECORDER. 3. WARRANTY DEED FROM MARTIN L. WISSNER TO PEREGRINE GROUP DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM NO. 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM NO. 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2018 AND SUBSEQUENT YEARS. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 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. 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 SEPTEMBER 13, 1902, IN BOOK 48 AT PAGE 491. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 13, 1902, IN BOOK 48 AT PAGE 491. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 09, 1966, IN BOOK 205 AT PAGE 1 AND AS AMENDED IN INSTRUMENT RECORDED JULY 1, 1970, IN BOOK 218 AT PAGE 85 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 1, 1987, IN BOOK 460 AT PAGE 224. 11. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT OF VAIL MEADOWS, FILING NO. 1 RECORDED DECEMBER 9, 1966 UNDER RECEPTION NO. 105077. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50051102-3 12. MATTERS DISCLOSED ON TOPOGRAPHIC MAP PREPARED BY ARCHIBEQUE LAND CONSULTING, LTD., CERTIFIED SEPTEMBER 06, 2018, JOB NO. 15120. SAID DOCUMENT STORED AS OUR ESI 36331351 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50051102-3 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: 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: The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) 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. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of 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. (E) This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission.(B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. 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. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 5002 SNOWSHOE DUPLEX PROPOSED MATERIAL PALATTE: STONE VENEER- DRYSTACK ASHLAR BLEND COLORADO BUFF SANDSTONE DARK BRONZE CLADDING AT WINDOWS AND EXTERIOR DOORS DARK BRONIZE FRAME GARAGE DOOR WITH FROSTED GLASS PANELS TPO MEMBRANE ROOFING AT FLAT ROOFS- SLATE GREY DARK BRONZE STANDING SEAM METAL ROOFING WOOD SIDING- VINTAGE WOOD SIDING MEDIUM TOBACCO STAIN ON 1 X 8 T & G SPRUCE SIDING METAL SIDING- DARK BRONZE HORIZONTAL PANELS 5002 SNOWSHOE DUPLEX PROPOSED EXTERIOR LIGHTING/DETAILS EXTERIOR SCONCE- MODERN FORMS VITRINE DARK SKY SCONCE WS-W32512, 5W LED, 205 LUMENS. 12” X 6 1/2” X 4” LANDSCAPE PATH AND BOLLARD LIGHTING- HINKLEY ATLANTIS 30 SQUARE DARK SKY BOLLARD. 15602BZ- LED, 5W LED, 385 LUMENS, 30” X 3” PATIOS- COLORADO BUFF LINEAR DIMENSIONAL FLAGSTONE PAVERS OVER CONCRETE SLAB ON GRADE EXTERIOR RAILINGS- PAINTED TUBE STEEL POSTS AND SQUARE BALUSTERS WITH STEEL OR IRONWOOD TOP CAP CHIMNEY CAP- TUBE STEEL SUPPORTS WITH METAL ROOFING SLOPED TO MATCH PRIMARY ROOFS STEP LIGHT- WAC LED 100 RECESSED WALL LIGHT, MOUNTED IN SITE WALLS AT <18”. WL-LED100-C-BZ, 3.5W LED, 65 LUMENS, 5” X 3” LANDSCAPE/PATH LIGHT- KICHLER DOME PATH LIGHT SHORT, 16.5 W INCAN., 200 LUMENS, 15” X 8.25” UTILITY APPROVAL & VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: ____________________________ Lot____ Block _____ Subdivision: _______________ Primary Contact / Owner Representative: ___________________________________ Phone: __________________ _________________________________________________________________ Plans Dated: _________________ Primary Contact/Owner Representative Signature NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date. Authorized Signature Comments Date CENTURY LINK 970.328.8288 (tel) 970.328.8282 (fax) Contacts: Kelly McClernon kelly.mcclernon@centurylink.com XCEL HIGH PRESSURE GAS 970.262.4077 (tel) 303.570.5459 (cell) 970.468.1401 (fax) Contact: John Surette john.w.surette@xcelenergy.com HOLY CROSS ENERGY 970.947.5425 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace brittany.mace@xcelenergy.com EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk dbirk@erwsd.org COMCAST CABLE 970.930.4713 (tel) 303.603.1004 (fax) Contact: Michael Johnson Michael_johnson@cable.comcast.com CDOT (Only in CDOT Right-of-way) 970.683.6284 (tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us 5002 Snowshoe 23 Vail Meadows Pavan Krueger 970-390-0968 1-14-19 1/15/19 UTILITY APPROVAL & VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: ____________________________ Lot____ Block _____ Subdivision: _______________ Primary Contact / Owner Representative: ___________________________________ Phone: __________________ _________________________________________________________________ Plans Dated: _________________ Primary Contact/Owner Representative Signature NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date. Authorized Signature Comments Date CENTURY LINK 970.328.8288 (tel) 970.328.8282 (fax) Contacts: Kelly McClernon kelly.mcclernon@centurylink.com XCEL HIGH PRESSURE GAS 970.262.4077 (tel) 303.570.5459 (cell) 970.468.1401 (fax) Contact: John Surette john.w.surette@xcelenergy.com HOLY CROSS ENERGY 970.947.5425 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace brittany.mace@xcelenergy.com EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk dbirk@erwsd.org COMCAST CABLE 970.930.4713 (tel) 303.603.1004 (fax) Contact: Michael Johnson Michael_johnson@cable.comcast.com CDOT (Only in CDOT Right-of-way) 970.683.6284 (tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us Please apply for service at www.xcelenergy.com for load increase if needed or if there are any changes to meter or service location. 1/15/18 5002 Snowshoe 23 Vail Meadows Pavan Krueger 970-390-0968 1-14-19 UTILITY APPROVAL & VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: ____________________________ Lot____ Block _____ Subdivision: _______________ Primary Contact / Owner Representative: ___________________________________ Phone: __________________ _________________________________________________________________ Plans Dated: _________________ Primary Contact/Owner Representative Signature NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date. Authorized Signature Comments Date CENTURY LINK 970.328.8288 (tel) 970.328.8282 (fax) Contacts: Kelly McClernon kelly.mcclernon@centurylink.com XCEL HIGH PRESSURE GAS 970.262.4077 (tel) 303.570.5459 (cell) 970.468.1401 (fax) Contact: John Surette john.w.surette@xcelenergy.com HOLY CROSS ENERGY 970.947.5425 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace brittany.mace@xcelenergy.com EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk dbirk@erwsd.org COMCAST CABLE 970.930.4713 (tel) 303.603.1004 (fax) Contact: Michael Johnson Michael_johnson@cable.comcast.com CDOT (Only in CDOT Right-of-way) 970.683.6284 (tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us 5002 Snowshoe 23 Vail Meadows Pavan Krueger 970-390-0968 1-14-19 Michael Johnson Approved by Comcast 1-15-19