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DRB080283
©esgn ReWiew Bcrarrd ~C7I'~~ F4R ~~ ~~_~~ S C~'1 RJ'~ITr cu ~ELfnahiC41F -.... Department of Community Development 75 South Frontage Road, Vail, Golora.do 81657 tel: 97'0.479.2139 fax; 9711.479.2452 u~eb: ruwt~w.uaifgou.com Project Name: BOOTH CREEK CORPORATION OFFICE DRB Number: DR6080283 Project Description: Participants: OFFICE SPACE ADDITION OWNER BOOTH CREEK MANAGEMENT CORP 07/14/2008 950 RED SANDSTONE RD 43 VAIL CO 81657 APPLICANT BOOTH CREEK MANAGEMENT CORP 07/14/2008 950 RED SANDSTONE RD 43 VAIL CO 81657 Project Address: 950 POTATO PATCH DR VAIL Location: POTATO PATCH CLUB CONDOS Legal Description: Lot: 7TH. Block: Subdivision: POTATO PATCH CLUB CONDOM Parcel Number: 2101-063-0604-4 Comments: BOARD/STAFF ACTION Motion By: DUBOIS Action: APPROVED Second By: DANTAS Vote: 5-0-0 Date of Approval: 08/06/2008 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond: 202 (PLAN): 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. Cond: CON0010215 Separate permit/shop drawings required for changes to the existing sprinkler and fire alarm systems. Systems must comply with NFPA 13 (2002 ed.) and NFPA 72 (2002 Additions-Residential or Commercial Application for Design Review • i~` ~` Department of Community Development !` 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request: ~K~~.~.7 S) O N DF ~~ STl-J~'} (~ ~~ Alm" ~iFl ©v E~ i_~CI ST7 N G~ ~EGL W N1 CN Is LEAN ~Il~- 8A-iJL. Location of the Proposal: Lot: 1 Block: Subdivision:~oTp.To ~p-rc,-~ C,~.~~ ~,o~1po5 Physical Address: ~15o RED SA~D~Tpr-F ~D. urtc-rS ~'3, q-~}-~ ~--~ ~ Parcel No.: 'Z ~ o ~ o Co ~, o ~ o `}~ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) 2,Ic>lo~~o~0 3 Zoning: ~.c. Name(s) of Owner(s): ~°~'TH ~REE~ Go{Zp, ~ poTA-[U T~'ATcN c:oilt~o PSSc~G, Mailing Address: `~ ~ 0 12~n `~pr~ o STo ~ ~ ~'O , ~3 ,~At t- , Go `~ j co S7 Phone: 4' 1 to - $a ~ o Owner(s) Signature(s): Name of Applicant: b~oF`I~A~ W A 1T~ ,~~ , Mailing Address: ~ ~ o ~E "~ SP.r-1 o STo ~.1 E t2`D y~•l~T ~~ "VP~t~-. <=--o ~tfoG,'I Phone: ~'1f~ - X030 E-mail Address: I~LyIAi"rF C; ~.ARTN+-tr1~. Fax: ~'-l ~ - `82'10 Cohn Type of Review and Fee: ^ Signs $50 Plus $1.00 per square foot of total sign area. ^ Conceptual Review No Fee ^ New Construction $650 For construction of a new building or demo/rebuild. lg( Addition $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). ^ Minor Alteration $250 For minor changes to buildings and site improvements, such as, (multi-family/commercial) re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. ^ Minor Alteration (single-family/duplex) $20 For minor changes to buildings and sit , re-roofing, painting, window additio I n a ~, c s d~t i ' walls, etc. ^ Changes to Approved Plans $20 For revisions to plans already appro by Planning Staff or the D i Review Board. (~ Jul 14 70~~ ^ Separation Request No Fee I I For vrric use ~ y: ~ 10 Fee Paid: Check No.: ~~ By:~ Meeting Date: DRB No.: ~ ~ (~~~-~'} ~ ~$ Planner: `~~ Project No.: ~1 `~V t - ~ ~~ Potato Patch Club Condominium Association, Inc. c/o I. Thomas Bieging 4582 S. Ulster St. Pkwy., Suite 1650 Denver, Colorado 80237 August 5, 2008 Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Re: Potato Patch Club Condominium Association/Booth Creek Management Expansion To Wliom It May Concern: This correspondence is to advise you that the Board of Directors of Potato Patch Club Condominium Homeowners Association has reviewed the drawings prepared by Mr. Henry Pratt of GPFL Architects, PC, providing renderings and elevations of proposed Booth Creek Expansion located within the Potato Patch Club Condomiiuum Project. The Board of Directors of the Association believes that this design minimizes the visual impact of the proposed expansion and would be acceptable to our owners. In the event you have any questions with respect to this matter, please do not hesitate to contact me at 720/488-5420. Very truly yours, ~~ C Tom Bieging President Potato Patch Club Condominium Association, hic. ooo~~~s~ TOWN OF VAIL, COLORADO Statement ******************************************************************************************** Statement Number: 8080001148 Amount: $300.00 07/14/200801:29 PM Payment Method: Check Init: JLE Notation: 7039 HENRY PRATT Permit No: DRB080283 Type: DRB - Addition of GRFA Parcel No: 2101-063-0604-4 Site Address: 950 POTATO PATCH DR VAIL Location: POTATO PATCH CLUB CONDOS Total Fees: $300.00 This Payment: $300.00 Total ALL Pmts: $300.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 300.00 PROPOSED MATERIALS Building Materials Type of Material Roof ~~~~ Sic ng S~~A Other Wall Materials ~A Fascia WDOD Soffits M;Ar"C~~ ~.(S'R ~ ~ Windows ~V ~ ~~~ Window Trim s~cco Doors ~w,~ c~ Door Trim ~ 5'7V ~0 Hand or Declc Rails WOQ~ Flues Flashing ~~ Chimneys , t Trash Enclosures ~A . Greenhouses ~' ~ A Retaining Walls sl~~E Exterior Lighting ~,~ ~ ~ ~Gr- Other Color rn dT~ a I~C.I sT1 ~ ~ oN RES, MATf.1.1~ t'~C(Sil IJC~ MJ4~ ~~cs1~~C n~~~ ~-{2e~1- M~-l~ ~'~X(s71~r-t~ M ~~ ~~~~"'~' M~ t"'P~Pt~"' W~~ ~C'Xls"1 ~1C~- ~~ ~"Y~I s?1-J C~. -M+°t~u~i ~'1u sTl ~ ~ Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. F:kdev\FORMS\PERMITS\Planning\drb_addition_11-23-2005.doc Page 7 of 14 11/Z3/2005 r'k}.. J'p.~ ' b. I7 ~'~ ~ II iaa{~ys*,,y ~'~~}a'kia~ i r. ;-}..... Page 1 of 1 Bill Gibson - DRB08-0189 Potato Patch Club remodel I Nil r +. •s=E i I o60iiiN ""' ~ ~ ~"~.. lill ill 1111 II iP ull - ~ H ` ~~d,~.. ~ '*t. .~~~wa'valll it ii C~ , .tea ~, ~yl , i I II lilif RNi ,~, ,,,, ~,.''I0 ~~,N, ~Iluilll I r"'° ?'allVl 111 III w'w°~+~~~h+4~illl R~ ~L»~~'M.. :~ From: David Rhoades To: Bill Gibson Date: 08/05/2008 2:30 PM Subject: DRB08-0189 Potato Patch Club remodel Approved as noted: 1. Separate permit/shop drawings required for changes to the existing sprinkler and fire alarm systems. Systems must comply with NFPA 13 (2002 ed.) and NFPA 72 (2002 ed.) respectfully. They must also comply with VFES Standards. Fire Inspector Vail Fire & Emergency Services Vail CO 81657 970-477-3454 Office 970-688-1714 Cell file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\489864... 08/06/2008 From: Mike McGee To: Lauren Ford Date: 06/08/2007 2:50:28 PM Subject: RE: DRB070233 Potato Patch Club House Thank you, that helps. The fire alarm upgrade is an absolute. We will assess the site plan to determine sprinkler requirements. »> "Lauren Ford" <IaurenCc~gpslarchitects.com> 06/08/2007 2:04 PM »> Thank you for your comments. 1. Existing area is 7,778 sq. ft. gross, and the Proposed area is 10,448 sq. ft. gross. Addition = 2,670 sq, ft. 2. No change of use. 3. Code analysis will begin after we receive approval for a conditional use permit, at which time we would like to sit down with you to discuss fire protection systems. If you have any questions or comments don't hesitate to call. Lauren Ford GPSL_architects 1000 S. Frontage Rd. W. Ste. 102 Vail, CO 81657 970.476.1147 -----Original Message----- From: Mike McGee jmailto:MMcGeeC«~vailoov.coml Sent: Friday, June 08, 2007 12:02 PM To: lauren(c~gpslarchitects.com Subject: Fwd: DRB070233 Potato Patch Club House »> Mike McGee 06/08/2007 8:57 AM »> »> Mike McGee 06/05/2007 2:43 PM »> 1. Plans do not show the area of existing vs new. 2.. Change of use not shown. 3. Code analysis not provided. Resubmit with details for review. f ~~pY CC: Bill Gibson; Charlie Davis; Fire_Inspectors _, _ ~ ~_. ~ ,~ti~ W V ni LAM PS ~. O"~ N Q. ~C ro a 7y 0 ~" b7 O ~. _ i b W 7d O NOTES ~, ~ x o ~ ~~~~ o~ rororo ill Vl Vt rorororo Vl Vl V! Vl rorororo lA In Vt N V ~ V V V V p $ it n. t n ~ t t . 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'~ n r-+ ^~~y ?-+-~ 0 ~ ~ ~ y9 l/l VY ~ ~ ~ ~ ~ w N ~. ~ ~~~ ~ ~ o n ~ x ~ ~"' o w o. fD `° 'gym n~i ~ ti a ~ O ro ~ o ° n ,~~' ~ ~' ' ~ _ ~ ~ ~ ~ v b a O ~ b s x ~ ~, ~~.- x ~, ~ K ya~ H~ ~° ''Z7 y r 7C p" ~, 00 Op p0 ~ ~ N W ~ N~ ~' .° .° oo °" O N r VNi p F,, , ~ .,, oy ~ ,O xro ~ ~ro o~ .tea o z ~~ w w P: s. ~,, r~~i i~ Cfz ~e w~; I~ C°Cs ~m ~~ r ~vw ~y" , s, - V ~~ '~~ f l ~ ii ~~~ f I C~ i .l nay co cuui au:aonn ura I'7r'Cr71L2CL5 9JTILITY APPROVAL & VERIFICATION form serves to verify ttrat the ;pivposed improvemenfis wiA not impad any~exlstfip or RroPcsed t~tt11N sef~'loes, and also to erify service avaDa6ilty and locatiim fur new constructlon and should be used In eoNund~on with preparing your u6lRy plan and scheduing Installations. A sr'te plan, inducting grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and veralcatlon. 14u1hoNz4d Slanature Cornmente Data QW P,SY 970.513.7199, (tel) 970.39a.oas~(rax) 970.697.07x2 (vela Contaas: Steve Watrrs swatersdonwest.aom EXCEL HIGH PRESSURE GAS 970.Z6Z.4076 (Del) 970.468.1401 (fax) Canted: Rich S13nenx HOLY CRASS AECTRIC 970.947.5425 (tel) 970.945.4D81(Fdx) Goofed: left: Vroom lvroomd~hl, Ivrro~s. cnm DCCEl ENERGY 970262.4038 (fax) ContBCts: KR Bogart 970.26.4024 Katherine Bogert EAGLE RNER WATER >k SAf+IITATL~N DISTRIjCi 470.476.7480 (tel) 970.476.4099 (fa~c) Contact Fred Nasiee thasleeG>lerwsd.ora COMCAST G6LE 970.4fiB.2669 ext 1100 (teQ 970.468.2672 (fax) CpAtaR: Bind DOI+WS ~• ~ "`'^ bta[lety dor~s~cable.oq~st.oam l / MQ><FS.: i. If the urtillly approval 8 verification form has StgnAtures from each of the utility oornpamies, and rro comments are made directly on the Form, the Town wNl presume that tfiere are no problems and the devebpmerrt can pcaoeed. 2, lY a ut7lRy company has concfxrts wttn the proposed constrtlGlon, the utilRy represenwtive shall no1E directy on the utllity verifitabion Farm than there is a pn~blem which needs b be re9oived. The issue should tften be detailed In an attached letter to the Town of Vail. However, please keep Ir- mind that It is the responsitrilty of the uttllty company and 1»e applkant to resolve identified problems. 3. These verifitatiorl5 do not relieve the contractor of the responsibAify to obtain a Publik Way PermR from the Department of Public Works at the Town of Vaq, ~jhty 1ncaYiens muse b obtained: before duaQfnm In any publk right-of-sway or easement wltiiln the TovVn of Vail. A build ~n nprmlt 1g not a Public Wa~V nefmk and must be ob'binnrl sanaretefv. The Developer i9 tequk~ed and egrets m submit any revised drawings to the ut1110es for re-®pprdvat& re-ve~if'iotion If tho stmm-ttee plans dre aQered in any way aRerthe authorized signature date (unless otfienvlse specifically noted within the oamment area of this form). Developer's Slgnaoure ~ Date F:\adehFORM151PERMCf51PIao1Mn01drb_addfilon,.il•23-2005.doc Page 9 of l4 11/13/1'005 ' `" 8b89 '°N 1Sb'~WO~ WdLE ~b COOl '6Z '~pW mHr, su. IUUI 8:24AM NOLV CROSS E~~~ May 2S 2007 10:24AM GN5 Hrchi*. ~' ~ - • LIIII~'IY AP;" ="lcs Corm serves to verify that the proposed rmprfrvem~fv ,~~rr so-vloa avatlablllty and location for new mnstruct4on ~ scheduprig installations. A 51t+e plan; Inducting grading plan, Ibr approval end v2riflcatlon. ~u'th n SI QW1ST 97o.513a1ag (te!) . 970.984.OZ57(fax) 9~0.697.07ZZ (cell) . Contacts; 5tcve Wakets • ~atP.t~ aw ~* Com 6XCEI. HYGN pR11~OR~ Gqg 97D.262.4D76 (bed 97D,468.1401 (fax) Contact" alch Slsneros /~ NOIY CR09s ~I.ECt'RIC /~ ; 970.947.59ZS (bel) 970.945.4081 (fax) Contact: ]ef(Vroom jvrogrrt®~Y~.4~ID ~~Op ( EXCEL B1Y~RGY ~'"•~/ _ _ Contacts: KIC 6ogart 970:z62,40z4 • Katharine Bagvrt EAQI,)E RIVER waT~>tit & SANITATION D!<STR~CT • 970.476,480 (tel) • spa-a76.aoes (tax) Conrad: Fred Haslae ffii~leeC~~rwsd oraora • COMCAS'!' CABLS 970.46e.2669 e:dr 1100 (tel) 970.9682672 (fax) ConlaCl: Bred Dorcas hrad~e,y dQC4f2s~ ble mrooer ~~~D - OT S• - >l. If the udUty approval a vellflCatton form has Signatures frti„~ on Lhe rorrn, tl1e Town vrill presurn~. that there are nn problems d 2. If a Uttllgr company has cohcems Yvll}1 Che proposed cvr~• ve~iR~tion form that there is a problem whldi Heads to be resole Town of veil. However, please I:eep In mind thaC it is the r idontifled problems, 3. These verhicstttona do not rrJievr, the cantrador of'the respo^ - Publlc Works at the Town of Yall, Sr it f a a within the Town of Vall, A b , _~ --111~1~ - r Es n4ta puh(f Wa The peveloper is r~equlred ahd agrt:es to submit any revised drawl submitted pans are alter8d In any way aRer the autttorfzed signet Brea of this roan). Developers Signature "^'- - P:\cdevlPtJ1tM51PtlitM rrSV'IanNr,g\drb~addr'U'on_i 1,23-ZOOS, do N0. 85~ P. 10 ~~'t7f~6dc p.9 ?ored wiry services, acrd also Co ,vlth preparing your udfity plan and c subrnlc[ed tp the follo~afng u1,11t1es Dad I~ _ • ~, r .d na comments an: made dirpoly n ~ ; ~ d. ' :nt ,shall note directly On the ugpry '•~~~ ~ - ' •°n b : 1e(~ited in an attached letter to the ~.,:`/ of ~~• .,..;y corruany and the applicant to re,^oNe `, '~ ' ' -Way r',~mr~ From khe C~epartrnent aF ~~_~~. ~ lit.: - in a~- ~uA(ic right of way or easement ~'', ;ie:; -app. -~aF& re-verlncagon if the rule c - arse Eper~ecally Hated within die eomrnent ;gate Ol 'd 9086'aN _;338 ~ ~dNIiS34 W'd09~fi LOOZ 'OE'~eW Malibu 8-Light Black Surface/Deck Kit - LT80708T at The Home Depot ~~~ -~ .~ Y'otr can ~ it. Wa can hale."' ~ .~ - Page 1 of 3 S1tM ~ `,C~-~~ Malibu 8-Light Black Surface/Deck Kit Model LT80708T $74.OOIEach Price includes shipping Quantity: ~ Ship this item to: YOU • Check Your Local Store Add to My List Add to My Registry View Larger verage Customer Rating ~ Read Reviews tNrite a review .~~.++ 4.6 aut of 5 Description Includes (8) 7 watt LT8 surface lights. 88 watt power pack. 50 Ft. low voltage cable. For added beauty & security to any landscape design. Safe & easy to install low voltage lighting. Great for decks, steps or any flat surface. 8 Rounds Surface lights textured black finish, 7 watt wedge base bulbs 88 watt power pack with fully programmable timer 50 Ft. of low voltage 18 ga. Cable easy to install Landscape Application :Low voltage Metal Light Kits MFG Brand Name :Malibu MFG Model # : LT80708T MFG Part # : LT80708T Outdoor Lighting Application :Deck Specifications Assembled Depth (In Inches) :11.75 In. Assembled Height (In Endres) : 9.0 Assembled Weight {In LBS) :6.45 Assembled Width (In Inches) :9.75 Hardwired or Plug-in :Both ITEM DEPTH {In decimal format) : 11.75 In. ITEM HEIGHT (In decimal format} : 9.0 In. ITEM WEIGHT (In decimal format) :6.45 ITEM WIDTH {In decimal format} : 9.75 In. Maximum Bulb Wattage : 7 Watt Number of Lights/Bulbs : 8 Recommended Base Type : N!A ShadelGlass Type :NIA Solar Powered : No Timer Included :Yes Weatherable :Yes http://www.homedepot.com/webapp/wcs/stores/servlet/ProductDisplay?storeId=10051 &la... 6/14/2007 FROM OWEST SI LVERTHORNE 8704680872 (TUE~MAY 28 2007 8: 34 /ST. 8: 33/No. 7600000360 P 2 i~ FROM Qwest En9/Gl anwood (FRI )MAY 25 2007 11:3. 1. 17:311No. 760000013'1 p g May 25 2007 10:20RM GPS Rrchitects 9704761612 p,9 .~~. . . :.i;~ _,_ .., ._.....y~=~!tI~ 1:ITIUTY APPRaVAL 8c VERIFICATION '~> bps form serves to verify that the FFroposed improvements will not impact any existing ar proposed utility services, and also to erify service availabillry and location for new wrtstruction 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 he submitted to the falbwing utilitles For approval andverificatlvn. QwE5'l 970.513.7169 (tel) 970.964.OZ57(fax) 970.687.0722 (cell) Contact,: Steve Waters sU__ aate~(~+iawest.com Auifi~orized Sisanature Comments Date i ~L 5zgv1 EXCEL HIGH PRESSURE GAS 970.262.4076 (tel) 970.468.1401 (fax) Contact: Rldi Slsnerus HOLY CROSS EL.ECTR><C 970,947.5425 (tEl) 970.945.4081 (fax) %orttact~ Jeff Vroom ivreom Cwh olvcro_ss,~ EXCEL ENERGY 970.2GZ.4038 (fax) Contacts, IUt Bogart 970.262.4024 Katherine Bogert EAGLE RIVER WATER & SANITATION DISTRICT 970.476.74eo (tei) 930.476.4089 (fax) Contact: Fred Haslea fhaslee@erw5d.orq CDhICAST CABLE 930.468.2669 eXt 1100 (tel) 970.46f1.2672 (fax) Contact: Brad Dorcas bradely dorcasc~~ble.camtast.cafl OIL TES: 1. IF the utility approval & verification form has signatures from eadi of the utility companies, and no camrnents are made directly on the form, the Town will presume that there are no problems and the development can proceed. 2. If a util"hY company has cona;rns with the proposed construction, the utility representative shalt note directly on the udllty verification form that there is a pmhlem which needs to be resolved. The issu a should tfien be detailed In an attached letter to the Town of Vail. However, please 'keep in mind that it is the responsibility of the utility company and the applicant to resolve identified problems. . 3. These verifications da not relie~~e the contractor of the responsibi{ity to obtain a Public Way Permit from the Department of Public N'orks at the Town-of Vail. ,i~ility Locations must ire obtained before dfaainR In any public right-of-way orea~sement within the Town of VaA. A byi! i:no permit (s not a Rubiic Wav pefrnit and must be ohtainerl se~a~ately. The Developer is required and agrees tD submit any revised drawings to the utilities for re-approval & re-verification if :he submitted plans are altered in anyNray after the authorited signature date (unless artherwtse specifically noted within the comment area of thisform). Developer's Signature Date ,,SILUERTHORNE HP Fax:19704681401 May 29 2007 7:24 P. 02 = UTILITY APPROVAL & VERIFICATION Jt~'NOf ~ ' _ 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 loption for new construction and should be used in conjunction whit preparing your utility plan and scheduling installations. A site plan, including grading plan, floor pian, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Developer to Provide L((}}o~_t Address Info oration: Lot Address: J~D ~~ c--X~r/AS~IE A'D Subdivision: Lot#:_i L~uthorized Sfanature Commen Date QWEST 970.468.6860(tel) 970,468.0672(fax) Contacts: Sam Tooley samueLtooleyCcDgwest.com XCEL Energy n HIGH PRESSURE GAS ~~vl~ l.Dr~ /L~~~'~ " rI0 yp.~.Pq.c.~ ''-D I~C-~S 970.262.4076 (tel) t7~t c.t'R~S //c/6H`fS -O~-w 970.468.1401 (fax) Contact: Rich Sisneros richard.sisnerosnaxceleneray co~~- ~ Ll- e (,.~~/L ~ ~ MAY 2 5 2001 HOLY CROSS ENERGY 970.947.5425 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom @ holycross.com XC~L Energy DISTRIBUTION GAS 970.262.4038 (fax) 970.262.4024 (tel) Contacts; Klt Bogert Kath rvn. Bogert@XCELENERGY. com EAGLE RIVER WATER & SANITATION DISTRICT 970.476.7480 (tel) 970.476.4089 (Fax) Contact: Fred Haslee fhaslee@erwsd.org C'OMCAST CABLE 970.418.8248 (tel) 970.949.9138 (fax) Contact: David Evans david evansC~cable.comcast.com NOTES: 1. If the utility approval & verification form has signatures from each of the utiity companies, and no comments are made directly on the form, or no action is taken within 2 weeks of the Utility's receipt of the form without explaination the Town will presume that there are no problems and the development can proceed, 2. If a utility company has concerns with the proposed construction, the utility representat(ve shall note directly on the utility verification form that there is a problem which needs to be resolved. The Issue should then be detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve identified problems. 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way permit from the Department of Public Works at the Town of Vail. Utility locations must be obtained before digging in any public right-of-way or easement within the Town of Vail. A liulldina Hermit is not a Public Wav permit and must be obtained separately. 4. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment area of this form). Developer's Signature Date XCEL SUMMIT CTY Fax :9702624057 May 25 2007 13:44 P. O1 ~Maa~ 25 2007 10: 30RM G Flrch i sects U~lc• '6161 :~ ~~.~-- UTILITY APPEIOVAG dr V@RIFtCATTON serves to verify that the proposed knprovements wll not Impb~ any existing or pro0o9ed utllRy setvloes, and also m N talrvtee ava0ablllly and location for new aonstrudfon and should be used In cnr~unctlon wRh propariry your ut9lhr plan end 9cheduling InStallatloris. A rite plan, Indudtng grading plan, fiaar plan, and ekvatlons, shall be submitted to the fallowing uelRies Ibr approval and verlAtsGon, ~thorized 91~-at+ue ~$ 8dX8 970.518.710! (td) 970.384.0757(ta~ 970.6A7~7I2 (tell) ~taets: fir, Waters u~~ln E1tCEL MIOM VRE>aSUR! 6A~ 970.~62.4D76 (tot) 970.~168.14D1 ff~t) ConteR: RId1 Sisrteros HOLY CROSS QLI:Ci'R><C g7p.947.5A25 (tei) 97a.945.4081(Pax) Qmtad: 1efl` Vrnan 1~ 0(CEL ENBRGY 970.26,E-~~ (~) Ooneacts: IOt DogaK 970.aea.40Q4 i(etlterine Bogert ~~ aiv~a waTER a SANITATION CLSiR>OCT 970.476.748D (tel) 970.476,1080 (Pax) Contact; Fred Haslee t1~asleeA~,Sp~Qlg ~~.. 5. 5"~07 ~.:. OOMGST CAal.t'° 970A68.1669 exk U00 (bal) 97x.468.4672 (fit) Gbntact: Brad DoRBi n ii. Ifthe ut111ty apprwel d vertAcatlan iorrn hes stgnatun:s iron each of the utility oDmpanlets, end no pomrntnts are mado drtactly on file Fort'n, the Town will presutn9 that t?1ert ar4 no problems and the development can procaad. t, If a utility oDmoarn h05 ediClms WItl1 C+e pfa taneovctton, tf~e utURy represen~lve shah rota directly on the utllRy veAAc9tbr11~otn1 that ttte-E'Is p pmblern whlt:h n W be resolved. The iswe should Men be detailed In an atlact:ed letter to the Town M van. -rixveuer, please Icxep In mend that it is the rr~ponsiblllN of the ucillty company and tho applitint m nteoNe lilendited problems. 3, The6e verifptatbns tiD not rdit:wa Iha aonbaC~' of lire reaponafbllloy >ro obrefn a Publ~t way Pemnt Dorn the Department o1 Public Wixlta et tf~e Town of Vell, jlt111tY Ismti In any public right-of•Way or easemert wlMtn rite Town of Vail. ~.~tlldli~^ ""~"°~ r~ eel a Pu tlo W^v n~n++tt and~,us;t be Lt!a~ Saba:atxEv. The Developer is Cequfr+ed end egn:es m submR any reviaod dr8wtn~ b the utNRles Ibr re,apprtvaF A re-vor}Plcatbn if the sutxnRted plans are altered In any way after the authorbbed slgnatLrt! date (unlems otherwlst: 5pedfually robed wnhfi the wmment area o1 Mss form)- Developer's Signahue ' F:lodev~Fo~t9tPatMtY5lPlbnrinOW-b_adO81a-_il•13.20D5at-C Paga 9 d LA date 11R7~f~003 p. y May-25-.r.7 14:56 From-ERWSD 9704764068 T-756 P.DO1/001 F-156 Pe~.~ 6'as~-.~:~. ~~.lrh~.~a-e~ IJT~t1TY APPROVAL & VERIFICATION farm serves bo verify that the proposed improvements will not Impact any e~cktinp or proposed utlllty services, and also to rlfy sendae avallabfey and locatkm for rnew torlstrucdon end should be used in cor>Surxtlon with preparing your utility plan and sdtedullrig Installations. Il sits: piar~, Including grading plan,llxrplan, and elevations, shall be submitted to the following utilities Far approval and verification. Arrthcdre~ Slsfnature omm Oats QWEST 970.513.7189 (bet) % 970.384.0257(tdx) 970.6B7A7I2 (cell) Contacts: Steve Waters ~tersc®nwest.corn EXCEI. NIGH pRES6i1RE DAS 970.262.4D76 (Eel) 97a.468.1401(Iax) Contact: Ridgy Slsnern~s tt04Y CR055 ELECTRIC 970.947.5425 (Eel) 970.945A0$i (fact) Confect: 7eff Vroom lE)OCEL ENERt?Y 970.1.62.4038 (fax) Corltac~ Kit 6ogart 97q.Zb2.4024 Katllerlne Bogart 61Gf.E R1YER WATER & SAWiiTATION Da5TR1¢.T 97p.476.7480 (bet) 970.476.4089 (tax) Contact: Fred Haslee fiaslee®erwsd era 4rOMCast CASLL' 970.466.2669 ext. 1100 (tel) . 970.468.2672 (fax) contact: Brad Dorcas bca~!'Iv dor[as~icable.com®stcolp 5~ ~7 NQ?6S: i, if the uttllty approval R verlflratbn form has slpnature5 from each of the utility Companies, and no comments are made dlractly an the form, the Town will presume that t9-e~e are no prodleme and the development can proceed. 2. Tf a utin[y company has concem5 witfr the plaposed consbvctlon, the utility represenlatlve shell note dirediy on the utilltY ve-Fflcatton form that there is a problem which needs to be resolved. The Issue should then be detailed In an attached fetter oa the Town of Vatl. However, plea9a I%eep In mind that It Is the responsibility of the utility compa~ry and the applicant m resolve identltled pro6lerns. 3, These verlflraltiorls do not relieln_ file contractor of the n:sponslblllty bo obtain a Public Way Perrnlt from the Department of PuhIIC Works etthe Town of V®II. !~"lily loeat3on mus! he ebtam~ d(go na In ally pub16C tightatGWdy or ed5@merrt w8f11n the `Town Of Vall. ~y!(d]tua r~rnnlt is 1lRta PudNc WaY permit and must Be ehtal~ papal~r The L)avdoper Is required and agrees by submit any revl9ed arewings to tho utllltlec fbr rc-approval~Q re-verltlcetlon If the submitted plans are Wired in anyway afEar the euthorlaed signature date (unless othennl5e spactfgcally noted wlthlo t11e comment al+ea of tnls form). Developed Signature Date e.~..~a.nCr~~Mt~acourrc~a.i.n~nn~A-h ~r41f11nn ~ 1.99-9AfLC.An~ P®Om 9 of 14 1~/~/20t15 . ~ ,. UTILITY APPROVAL & VERIFICATION TC)~' Jf YAIL' ` 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. Authorized Signature Comments QWEST 970.513.7189 (tel) 970.384.0257(fax) 970.687.0722 (cell) Contacts: Steve Waters swaters@awest.com EXCEL HIGH PRESSURE GAS 970.262.4076 (tel) / 970.468.1401 (fax) Contact: Rich Sisneros HOLY CROSS ELECTRIC 970.947.5425 (tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom @holycross.com EXCEL ENERGY 970.262.4038 (fax) Contacts: Kit Bogart 970.262.4024 Katherine Bogert / EAGLE RIVER WATER & v SANITATION DISTRICT 970.476.7480 (tel) 970.476.4089 (fax) Contact: Fred Haslee fhaslee@erwsd.org Date COMCAST CABLE 970.468.2669 ext. 1100 (tel) 970.468.2672 (fax) ~ ~ ; ~~ ~~~~. y~~JL.SLJp~, ~~~ Contact: Brad Dorcas bradely dorcas@cable.comcast.com NOTES: `. 1. If the utility approval& verification form has signatures from each of the utility companies, and no comments are made directly on the form, the Town will presume that there are no problems and the development can proceed. 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve identified problems. 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public Works at the Town of Vail. Utility locations must be obtained before digging in any public right-of-way or easement within the Town of Vail. A building aermit is not a Public Way permit and must be obtained separately. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment area of this form). Developer's Signature Date F:\cdev\FORMS\PERMITS\Planning\drb_addition_11-23-2005.doc Page 9 of 14 11/23/2005 Land Title Guarantee Company CUSTOMER DISTRIBUTION land Title 6U~RANT EE CUh1PANY Date: 04-25-2007 Our Order Number: V50019001 Property Address: UNITS 43, 44, 45 AND COMMON AREA, POTATO PATCH CLUB CONDOMINIUMS VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 LAUREN FORD 1000 S. FRONTAGE ROAD SUITE 102 VAIL, CO 81657 Phone: 970-476-1147 Entail: laurenC~gpslarchitects. com Linked Commitment Delivery ~ ~ % Land Title Guarantee Company Date: 04-25-2007 Land TItIe Our Order Number: V50019001 GUARANTEE CUM1IPANY Property Address: UNITS 43, 44, 45 AND COMMON AREA, POTATO PATCH CLUB CONDOMINIUMS VAIL, CO 81657 BuyerBorrower: BOOTH CREEK MANAGEMENT CORPORATION, A DELAWARE CORPORATION AS TO PARCEL 1 Seller/Owner: BOOTH CREEK MANAGEMENT CORPORATION, A DELAWARE CORPORATION AS TO PARCEL 1 POTATO PATCH CLUB CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com ror au~ecuuu~ w ai. Ul UUl" JY V111GC lU(:QLlUl1J. ESTIMATE OF TITLE FEES Information Binder $183.00 If Land Title Guarantee Company grill be closing this transaction, above f®es will be collected at that time. TOTAL 5183.00 F,~ ~o~~: 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE hand Title GUAft.4NTEE COHI PANY Owner: BOOTH CREEK MANAGEMENT CORPORATION, A DELAWARE CORPORATION AS TO PARCELI Property Address: UNITS 43, 44, 45 AND COMMON AREA, POTATO PATCH CLUB CONDOMINIUM CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50019001 -CHARGES- Information Binder $183.00 --Total-- $183.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 AIL, Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50019001 Schedule A Cust. Ref.: Property Address: UNITS 43, 44, 45 AND COMMON AREA, POTATO PATCH CLUB CONDOMINIUMS VAIL, CO 81657 1. Effective Date: April 16, 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: BOOTH CREEK MANAGEMENT CORPORATION, A DELAWARE CORPORATION AS TO PARCEL 1 POTATO PATCH CLUB CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION AS TO PARCELS 2 AND 3 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: SEE ATTACHED 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. V50019001 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BOOTH CREEK MANAGEMENT CORPORATION, A DELAWARE CORPORATION AS TO PARCEL 1 POTATO PATCH CLUB CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION AS TO PARCELS 2 AND 3 Our Order No: V50019001 LEGAL DESCRIPTION PARCEL 1 CONDOMINIUM UNITS 43 AND 44, POTATO PATCH CLUB CONDOMINIUMS, ACCORDING TO THE SEVENTH SUPPLEMENTAL MAP RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 20 AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR POTATO PATCH CLUB CONDOMINIUMS, RECORDED MARCH 13, 1979 IN BOOK 282 AT PAGE 818, AS RECEPTION NO. 179225 AND THE SEVENTH SUPPLEMENT RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 19, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2 CONDOMINIUM UNIT 45, POTATO PATCH CLUB CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED MARCH 13, 1979 IN BOOK 282 AT PAGE 819 AS RECEPTION NO. 179226 SEVENTH SUPPLEMENTAL MAP RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 20 AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR POTATO PATCH CLUB CONDOMINIUMS, RECORDED MARCH 13, 1979 IN BOOK 282 AT PAGE 818, AS RECEPTION N0. 179225 AND THE SEVENTH SUPPLEMENT RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 19, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 3 PARCEL B, POTATO PATCH CLUB CONDOMINTi1MS, ACCORDING TO THE SEVENTH SUPPLEMENTAL MAP RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 20 AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR POTATO PATCH CLUB CONDOMINIUMS, RECORDED MARCH 13, 1979 IN BOOK 282 AT PAGE 818, AS RECEPTION NO. 179225 AND THE SEVENTH SUPPLEMENT RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 19 AND THE AMENDED SEVENTH SUPPLEMENT RECORDED MAY 5, 1983 IN BOOK 359 AT PAGE 57, AND THE FIRST AMENDMENT TO EXHIBIT "C" RECORDED MAY 5, 1983 IN BOOK 359 AT PAGE 58, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. V50019001 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50019001 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. EXISTING LEASES AND TENANCIES, IF ANY. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 21, 1904, IN BOOK 48 AT PAGE 503. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNTIED STATES AS RESERVED IN UNTIED STATES PATENT RECORDED MAY 21, 1904, IN BOOK 48 AT PAGE 503. 12. ROAD EASEMENT AS GRANTED TO THE UNITED STATES OF AMERICA GRANTED BY FLEMING LUMBER AND MERCANTILE CO., IN INSTRUMENT RECORDED JUNE 25, 1955 IN BOOK 148 AT PAGE 17. 13. UTILITY EASEMENT AS GRANTED TO VAIL ASSOCIATES BY THE FLEMING LUMBER AND MERCANTILE CO. IN INSTRUMENT RECORDED AUGUST 07, 1974, IN BOOK 235 AT PAGE 974. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50019001 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. EASEMENT AND RIGHT OF WAY FOR CONSTRUCTION AND MAINTENANCE OF ELECTRIC LINES AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. BY THE FLEMING LUMBER AND MERCANTILE COMPANY IN INSTRUMENT RECORDED FEBRUARY 23, 1977 IN BOOK 252 AT PAGE 777. 15. EASEMENT AND RIGHT OF WAY TO CONSTRUCT, RECONSTRUCT, REPAIR, CHANGE, ENLARGE, OPERATE AND MAINTAIN AN UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. BY VAIL RESORT DEVELOPMENT, LTD., A COLORADO LIMITED PARTNERSHIP BY INSTRUMENT RECORDED SEPTEMBER 22, 1978 IN BOOK 275 AT PAGE 735 AND NOVEMBER 29, 1978 IN BOOK 279 AT PAGE 76. 16. EASEMENT AND RIGHT OF WAY TO CONSTRUCT, RECONSTRUCT, REPAIR, CHANGE, ENLARGE, REPHASE, OPERATE AND MAINTAIN AN UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. BY VAIL RESORT DEVELOPMENT, LTD., AND POTATO PATCH CLUB CONDOMINIUM ASSOCIATION, INC., BY INSTRUMENT RECORDED AUGUST 1, 1979 IN BOOK 289 AT PAGE 137, IN WHICH THE SPECIFIC LOCATION OF THE EASEMENT IS NOT DEFINED. 17. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN AND RESERVED ON THE MAP FOR POTATO PATCH CLUB CONDOMINIUMS RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 20 AND SUPPLEMENTS THERETO. 18. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 13, 1979, IN BOOK 282 AT PAGE 818 AND THE SEVENTH SUPPLEMENT RECORDED MARCH 25, 1983 IN BOOK 356 AT PAGE 19 AND THE AMENDED SEVENTH SUPPLEMENT RECORDED MAY 3, 1983 IN BOOK 359 AT PAGE 57 AND THE FIRST AMENDMENT TO EXHIBIT "C" RECORDED MAY 3, 1983 IN BOOK 359 AT PAGE 58. 19. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 27, 1991, IN BOOK 560 AT PAGE 994. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50019001 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 20. RESERVATIONS AND RESTRICTIONS AS CONTAINED IN WARRANTY DEED RECORDED MAY 05, 1983, IN BOOK 359 AT PAGE 59. l LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII 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: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) 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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. 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. Form DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies /Chicago Title Insurance Company Security Union Tide Insurance Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the reqyuirements of applicable federal and state privacy laws. a believe that making you aware of how we use your non-pubfic personal information (Personal Information') , and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. , Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to a ents, brokers or representatives to provide you with services you have requested; * to ~ird-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition we will disclose your Personal Information when you duect or give us permission, when we are required by law to coo so, or when we suspect fraudulent or criminal activities. We a so 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. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Tide Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 alle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Fozm PRIV.POL.CHI NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, DB/A LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company -Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1