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HomeMy WebLinkAboutDRB090175Design Review Board਍ഀ ACTION FORM਍ഀ TOWN OF VAL਍ഀ CQ%%& 'rYMVELOP Wr਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel:970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Project Name: EAST VAIL REALTY POOL, DECK DRB Number: DRB090175਍ഀ Project Description:਍ഀ OUTDOOR SWIMMING POOL, DECK AND LANDSCAPING਍ഀ Participants:਍ഀ OWNER EAST VAIL REALTY HOLDING LLC 06/08/2009਍ഀ PRIVADA DE HORACIO NO 10਍ഀ MEXICO DF MEXICO 11510਍ഀ APPLICANT EVEN FLOW POOLS 06/08/2009 Phone: (303) 433-0881਍ഀ 3157 WEST 26TH AVENUE਍ഀ DENVER਍ഀ COLORADO 80211਍ഀ License: 811-S਍ഀ CONTRACTOR EVEN FLOW POOLS 06/08/2009 Phone: (303) 433-0881਍ഀ 3157 WEST 26TH AVENUE਍ഀ DENVER਍ഀ COLORADO 80211਍ഀ License: 811-S਍ഀ Project Address: 4768 MEADOW DR VAIL Location:਍ഀ Legal Description: Lot: 1 Block: 7 Subdivision: BIGHORN 5TH ADDITION਍ഀ Parcel Number: 2101-131-0400-1਍ഀ Comments:਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: Gillette Action: APPROVED਍ഀ Second By: DuBois਍ഀ Vote: 5-0-0 Date of Approval: 06/17/2009਍ഀ 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: CON0010804਍ഀ The applicant shall submit a revised landscape plan for Staff review that includes a਍ഀ foot-for-foot replacement, or transplanting, of the removed evergreen trees and਍ഀ additional planting in the western berm.਍ഀ Cond: CON0010805਍ഀ The applicant shall improve the existing volleyball court or remove and revegetate਍ഀ the court area.਍ഀ Planner: Bill Gibson DRB Fee Paid: $20.00਍ഀ MAY 15,2009 10:20਍ഀ 9704763401਍ഀ page 2਍ഀ Z abed਍ഀ LOCO££6£OC਍ഀ T.਍ഀ ;ST 600VIrl Avw਍ഀ ePaenl਍ഀ at.C:4mm਍ഀ S਍ഀ h :਍ഀ Sou਍ഀ Sontag Rife਍ഀ L਍ഀ r਍ഀ tea.'਍ഀ ~i•਍ഀ Oi{o਍ഀ 9 U. . is yZ.P਍ഀ ਍ഀ ' Y~਍ഀ •.i•'਍ഀ r਍ഀ .਍ഀ .਍ഀ General Information'. This applicab਍ഀ ~ Paa dngr਍ഀ T at &਍ഀ Rubleg design review must receive apps਍ഀ Review cannot be accepted until all re਍ഀ outlined in the submittal mquirerrmrb_਍ഀ nine and Eswirorevental Commission.਍ഀ building pemdtt is Issued and axr&uetio਍ഀ Fee: ;290 for Multi-Fantih਍ഀ ;20 fbr Sin01e Fancily਍ഀ 1 Singlie Family਍ഀ Descr4 lien of the Request: _R34-0਍ഀ Pbysiral Address: 4 7 6,9਍ഀ Parcel flunrber. 1 O I t 3l O਍ഀ Property Owner: o Rte਍ഀ Mal■rrg Address: _਍ഀ Owners Signature:਍ഀ Primary Corrttt/ Owner Reprase਍ഀ Mailing Awrass: _3169__ k✓J਍ഀ /~E-NVE~~ Go go211਍ഀ 6-Maw evp~,o ~Lo w.2 ~.G'a਍ഀ Foe Offiae Only: Cash > (cc.਍ഀ Fee Paid- ~•©O਍ഀ Meeting Data'਍ഀ Plarvw.਍ഀ zoning:਍ഀ Location of the Proposal: Lot-਍ഀ JUN 0 s 2009਍ഀ TOWN OF VAIL਍ഀ ~E/~I fLow 00 LS਍ഀ 7 ✓E7v "6- Phone- 303 . 9 IF S_Fact: 3 a 3. q 3 3. 0,5 o:7-਍ഀ 9i਍ഀ Auth 0 _ (.Ireclc਍ഀ L~ Subdivisran: 15 M&A9 M਍ഀ ~J਍ഀ L090MUC 6100d MOIJ N3A3਍ഀ ;r• _ V., ,਍ഀ ication for Design Review਍ഀ inor Exterior Alteration਍ഀ n is required for all proposals involving minor changes to bu gs and site kn-਍ഀ vindow addkiorrs, landsmphq, fences, netainirx3 wafts, etc, Applltable llaa਍ഀ rttr.V@MMV.cnm under Vall k*wMtion - Town Code On' All projects ne-਍ഀ nval prior to submettrrg a building permit application. An a Ication for Design਍ഀ Iked inforMation Is received by the rorrsnunity Deve t DepaNnent, as਍ഀ he proms rmy dso need to be reviewed by the Town I and/or the Plan-਍ഀ ~n reti►iew approval expires one year Imm the date of pprowrrrl, w*ss a਍ഀ com~►aes.਍ഀ Multi-Fam ft਍ഀ r'o-l 1 0kt t+r M rt l_ t *i-bz%G^਍ഀ d~. Vr.: CLa, tbs~਍ഀ -(Contact l5a* Co. Assessor at 470-328-864 ror parcel no.)਍ഀ k / EAST AIL Q FAL:I I UM b,; kl u r•਍ഀ Phone.਍ഀ MC Last 4 OC * _਍ഀ _ fteaelved From:਍ഀ DRS No-: _'D਍ഀ Project No:਍ഀ Land Use:਍ഀ pi਍ഀ dM:L0 ZO #0 Inf਍ഀ PROPOSED MATERIALS਍ഀ Building Materials਍ഀ Roof਍ഀ Siding਍ഀ Other Wall Materials਍ഀ Fascia਍ഀ Soffits਍ഀ Windows਍ഀ Window Trim਍ഀ Doors਍ഀ Door Trim਍ഀ Hand or Deck Rails਍ഀ Flues਍ഀ Flashing਍ഀ Chimneys਍ഀ Trash Enclosures਍ഀ Greenhouses਍ഀ Retaining Walls਍ഀ Exterior Lighting਍ഀ Other਍ഀ Type of Material Color਍ഀ /L]2C ~ duo oW k h Q~CiS 7 /਍ഀ Notes:਍ഀ Please specify the manufacturer's name, the color name and number and attach a color chip.਍ഀ e਍ഀ r਍ഀ t਍ഀ Apr-09਍ഀ PROPOSED LANDSCAPING਍ഀ Botanical Name Common Name Ouanti਍ഀ PROPOSED TREES਍ഀ (rorrrv5 S~rGCk av woo਍ഀ AND SHRUBS /਍ഀ TmA.T 5਍ഀ C A ii {d4/ /਍ഀ Ire~~ §4- r 1 L.-਍ഀ /z਍ഀ /kMSLotIG.rQuS O/IDu/~i.e!✓g IL.( 1਍ഀ I IF 1,਍ഀ 5. W 4r i/ r Oreo L:Ads /7cu~• ib/. .~MOa/btrry lG!਍ഀ Q/IG ir.~f'viCN01L •j PAU/~C/Vi~~S ~!i/G /11.~N4 ~r~+SS ~D਍ഀ EXISTING TREES਍ഀ ,~Gti Nh eit$ ! O~rado ~r✓c~ At਍ഀ TO BE REMOVED ~਍ഀ 'am r7 4 L A o r a o 5 „ /਍ഀ Minimum Requirements for Landscaping: Deciduous Trees - 2" Caliper਍ഀ Coniferous Trees - 6' in height਍ഀ Shrubs - 5 Gal.਍ഀ Type Square Footage਍ഀ GROUND COVER਍ഀ SOD਍ഀ SEED਍ഀ IRRIGATION਍ഀ TYPE OF EROSION CONTROL਍ഀ Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.)਍ഀ V਍ഀ Q਍ഀ K W਍ഀ & O਍ഀ Size਍ഀ 5 sa(.਍ഀ S 9a~਍ഀ a~਍ഀ t਍ഀ . 'y Cal਍ഀ • Cal਍ഀ Apr-09਍ഀ ALTA Commitment (6117.ft)਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ Issue'd' by਍ഀ title guaranty company਍ഀ Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,਍ഀ commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the਍ഀ Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land਍ഀ described or referred to in Schedule A, upon payment of the premiums and charges and compliance with਍ഀ the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this਍ഀ Commitment.਍ഀ This Commitment shall be effective only when the identity of the Proposed Insured and the amount of਍ഀ the policy or policies committed for have been inserted in Schedule A by the Company.਍ഀ All liability and obligation under this Commitment shall cease and terminate six months after the਍ഀ Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided਍ഀ that the failure to issue the policy or policies is not the fault of the Company.਍ഀ The Company will provide a sample of the policy form upon request.਍ഀ This commitment shall not be valid or binding until countersigned by a validating officer or authorized਍ഀ signatory.਍ഀ ALTA Commitment Form਍ഀ IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to਍ഀ be hereunto affixed by its duly authorized officers on the date shown in Schedule A.਍ഀ Countersigned:਍ഀ ( 4"rY194,11਍ഀ Atrlaiud fauMCSi~utez਍ഀ r-stewart਍ഀ tide guaranty company਍ഀ I਍ഀ L਍ഀ Sarior Chairman oft Board਍ഀ Stewart Title of Colorado, Inc.਍ഀ Vail Division਍ഀ 97 Main Street, Suite W-201਍ഀ Edwards, Colorado 81632਍ഀ Phone: 970-926-0230਍ഀ Fax: 970-926-0235਍ഀ Order Number: 910568਍ഀ re'z ~Sr਍ഀ Chaiman of the Board਍ഀ Prasiderd਍ഀ ALTA Commitment (6117106)਍ഀ £'d L090££V£0£ SIOOd MOI3 N3A3 d0£IO ZO b0 Inr਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE A਍ഀ 1. Effective Date: May 14, 2009 at 8:00 A.M. Order Number: 910568਍ഀ 2. Policy or Policies To Be Issued: Amount of Insurance਍ഀ (a) A.L.T.A. Owner's਍ഀ (b) A.L.T.A. Loan਍ഀ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is:਍ഀ Fee Simple਍ഀ 4. Title to the estate or interest in said land is at the effective date hereof vested in:਍ഀ EAST VAIL REALTY HOLDING, LLC, A COLORADO LIIWMD LIABILITY COMPANY਍ഀ 5. The land referred to in this Commitment is described as follows:਍ഀ Lot 1਍ഀ Block 7਍ഀ BIGHORN SUBDIVISION, FIFTH ADDITION਍ഀ According to the plat recorded November 25, 1966 as Reception No. 105002.਍ഀ COUNTY OF EAGLE਍ഀ STATE OF COLORADO਍ഀ Purported Address: Statement of Charges:਍ഀ 4768 East Meadow Drive These charges are due and payable before a Policy can਍ഀ Vail, Colorado 8165? be issued:਍ഀ Search Fee: $150.00਍ഀ t7'd L090££V£0£ SIOOd MOI3 N3n3 d0£:LO ZO b0 Inf਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section 1਍ഀ REQUIREMENTS਍ഀ Order Number: 910568਍ഀ The following are the requirements to be complied with:਍ഀ 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or਍ഀ interest to be insured.਍ഀ 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record.਍ഀ 3. None, this report has been prepared for informational purposes only. No policy of title insurance will be issued.਍ഀ 9'd L090££b£O£ SIOOd M013 N3A3 d0£:LO ZO to Inf਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section 2਍ഀ EXCEPTIONS਍ഀ Order Number: 910568਍ഀ 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. 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 haw and not shown by the public records.਍ഀ 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance਍ഀ thereoL਍ഀ 7. Water rights, claims or title to water.਍ഀ 8. Any and all unpaid taxes and assessments and any unredeemed tax sales.਍ഀ 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or਍ഀ inclusion in any water service or street improvement area.਍ഀ 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded September 13,਍ഀ 1902 in Book 48 at Page 491 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore਍ഀ therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States.਍ഀ 11. Protective Covenants recorded November 25, 1966 in Book 175 at Page 445 as Reception No. 105001.਍ഀ 12. All matters shown on the plat of Bighorn Subdivision, Fifth Addition recorded November 25, 1966 as Reception No.਍ഀ 105002.਍ഀ 13. Conveyance of Easement recorded October 9, 1985 in Book 427 at Page 100 as Reception No. 323362.਍ഀ 9'd L090CMOC SIOOd MOIJ N3A3 dOC10 ZO V0 Inf਍ഀ DISCLOSURES਍ഀ Order Number: 910568਍ഀ Note: Pursuant to C.R.S. 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 shall be obtained from the county treasurer or the਍ഀ county treasurer's authorized agent;਍ഀ C. Information regarding special districts and the boundaries of such districts may be obtained from the board of਍ഀ county commissioners, the county clerk and recorder, or the county assessor.਍ഀ Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall਍ഀ be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts਍ഀ the closing and is responsible for recording or filing of legal documents resulting from the transaction which was਍ഀ closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is਍ഀ responsible for recording the legal documents from the transaction, exception number 5 will not appear on the਍ഀ Owner's Title Policy and the Lender's Title Policy when issued.਍ഀ Now. 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 materiatmen 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 unfilled਍ഀ mechanic's and Materialmen'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 C.R.S. 10-11-123, notice is hereby given:਍ഀ A. That there is recorded evidence that a mineral estate has been severed, ]eased 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.਍ഀ This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,਍ഀ in Schedule B, Section 2.਍ഀ NOTHING HEREIN CONTAINED NWLL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES਍ഀ REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.਍ഀ L'd L090££b£0£ SIOOd MOIJ N3A3 d LUO . ZO ti0 Irf਍ഀ STG Privacy Notice I (Rev 01/26/09) Stewart Title Companies਍ഀ WHAT DO THE STEWART TITLE COMPANIES DO਍ഀ WITH YOUR PERSONAL INFORMATION?਍ഀ Federal and applicable state law and regulations give consumers the right to limit some but not all sharing Federal and applicable state kw regulations also਍ഀ require us to tell you how we collets, share, and protect your personal infornation. Please read this notice carefully to understand how we use your persmial਍ഀ information. This privacy notice is disfttuted on behalf of the Swart Title Guaranty Company and its affiliates (the Stewart Title Companies), l t to਍ഀ ride V of the Gramm Leach-Bliley Act (GL.BA).਍ഀ The types of personal information we collect and share depend on the product or service that you have sought through us. This information can਍ഀ include social security numbers and drivers license number.਍ഀ All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business'-to਍ഀ process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information;਍ഀ the reasons that we choose to share; and whether you can limit this sharing਍ഀ Reasons we am share your ra mmol iaformsWn਍ഀ For our everyday business purposes- to process your transactions and maintain your਍ഀ account This may include running the business and managing customer accounts, such as਍ഀ processing transactions, mailing, and auditing services, and responding to court orders and਍ഀ legal investigations.਍ഀ Drvre sb>iir?eT Cam you lint this sharing?਍ഀ Yes਍ഀ No਍ഀ For our marketing purposes- to offer our products and services to you. Yes No਍ഀ For joint marketing with other financial companies No We don't short ;਍ഀ For our affiliates' everyday business purposes- information about your transactions and਍ഀ experiences. Affiliates are companies related by common ownership or control. They can be Yes j No਍ഀ financial and nonfinancial companies. Our q{jifiares may include companies with a Stewart 1਍ഀ name; financial companies, such as Stewart Title Company਍ഀ For our affiliates' everyday business purposes- information about your No We don't share਍ഀ creditworthiness. I਍ഀ For our affiliates to market to you Yes No਍ഀ For non-alydiates to market to you. Non-affiliates are companies not related by common j਍ഀ i No We don't share਍ഀ ownership or control. They can be financial and nonfinancial companies i 1 I਍ഀ We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. Ifyou request a transaction with a non-਍ഀ affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. (We do not control their਍ഀ subsequent use of information, and suggest you refer to their privacy notices.]਍ഀ How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction.਍ഀ about their practices? i਍ഀ How de the Stewart Title Companies protect my ( To protect your personal information from unauthorized access and use, we use security਍ഀ personal information? ' measures that comply with federal and state law. These measures include computer, file,਍ഀ and building safeguards਍ഀ How do the Stewart Title Companies collect my We collect your personal information, for example, when you਍ഀ personal information? • request insurance-related services਍ഀ • provide such information to us਍ഀ We also collect your personal information from otbcrs, such as the real estate agent or਍ഀ leader involved in your transaction, credit reporting agencies, affiliates or other companies.਍ഀ What sharing can l limit? Ahhough federal and state law give you the right to limit sharing (e.g, opt out) in certain਍ഀ instances, we do not sharp your personal informmatan in those instances.਍ഀ Ifyou have਍ഀ any questions about this privacy notice, please contact us at: Stewart Tide Guaranty Company,਍ഀ 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056਍ഀ 8'd L090££ti£0£ S100d M013 N3A3 d 6£IO ZO 170 Imf਍ഀ Stewart Title of Colorado, Inc.਍ഀ DISCLOSURE਍ഀ The title company, Stewart Title of Colorado, Inc: in its capacity as escrow agent, has been authorized਍ഀ to receive funds and disburse them when all funds received are either. (a) available for immediate਍ഀ withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are਍ഀ available for immediate withdrawal as a consequence of an agreement of a financial institution in which਍ഀ the funds are to be deposited or a financial institution upon which the funds are to be drawn.਍ഀ The title company is disclosing to you that the financial institution may provide the title company with਍ഀ computer accounting or auditing services, or other bank services, either directly or through a separate਍ഀ entity which may or may not be affiliated with the title company. This separate entity may charge the਍ഀ financial institution reasonable and proper compensation for these services and retain any profits there਍ഀ from.਍ഀ The title company may also receive benefits from the financial institution in the form of advantageous਍ഀ interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title਍ഀ company has with the financial institution. The title company shall not be liable for any interest or other਍ഀ charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any਍ഀ time. In the event that the parties to this transaction have agreed to have interest on earnest money਍ഀ deposit transferred to a fund established for the purpose of providing affordable housing to Colorado਍ഀ residents, then the earnest money shall remain in an account designated for such purpose, and the interest਍ഀ money shall be delivered to the title company at closing.਍ഀ 6'd L090££b£0£ SIOOd M013 N3n3 dZ£:LO ZO VO Inf਍ഀ CONDITIONS਍ഀ 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security਍ഀ instrument.਍ഀ 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse਍ഀ claim or other matter affecting the estate or interest or mortgage thereon covered by this਍ഀ Commitment other than those shown in Schedule B hereof, and shall fail to disclose such਍ഀ knowledge to the Company in writing, the Company shall be relieved from liability for any loss or਍ഀ damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure਍ഀ to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the਍ഀ Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,਍ഀ encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of਍ഀ this Commitment accordingly, but such amendment shall not relieve the Company from liability਍ഀ previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.਍ഀ Liability of the Company under this Commitment shall be only to the named proposed Insured and਍ഀ such parties included under the definition of Insured in the form of policy or policies committed for਍ഀ and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with਍ഀ the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or਍ഀ create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such਍ഀ liability exceed the amount stated in Schedule A for the policy or policies committed for and such਍ഀ liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions਍ഀ from Coverage of the form of policy or policies committed for in favor of the proposed Insured਍ഀ which are hereby incorporated by reference and are made a part of this Commitment except as਍ഀ expressly modified herein.਍ഀ 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of਍ഀ title or a report of the condition of title. Any action or actions or rights of action that the proposed਍ഀ Insured may have or may bring against the Company arising out of the status of the title to the estate਍ഀ or interest or the status of the mortgage thereon covered by this Commitment must be based on and਍ഀ are subject to the provisions of this Commitment.਍ഀ 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of਍ഀ Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured਍ഀ as the exclusive remedy of the parties. You may review a copy of the arbitration rules at.਍ഀ a਍ഀ r~- title guaranty company਍ഀ All notices required to be given the Company and any statement in writing required to be furnished the Company shall be਍ഀ addressed to it at P.O. Box 2029, Houston, Texas 77252.਍ഀ F਍ഀ Ol'd L090£CK0£ SIOOd MO13 N3A3 dZC:LO ZO to Inf਍ഀ ਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ ਍ഀ Statement Number: R090000637 Amount: $20.00 06/08/200903:38 PM਍ഀ Payment Method: Cash Init: JLE਍ഀ Notation: RICHARD਍ഀ CRISTY/EVEN FLOW POOLS਍ഀ ਍ഀ Permit No: DRB090175 Type: DRB-Minor A1t,SFR/DUP਍ഀ Parcel No: 2101-131-0400-1਍ഀ Site Address: 4768 MEADOW DR VAIL਍ഀ Location:਍ഀ Total Fees: $20.00਍ഀ This Payment: $20.00 Total ALL Pmts: $20.00਍ഀ Balance: $0.00਍ഀ ਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code------ - Description Current Pmts਍ഀ ਍ഀ DR 00100003112200 DESIGN REVIEW FEES਍ഀ 20.00਍ഀ