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Home My WebLink AboutFTC CSU SOUTH (VERIZON WTE) - PDP - PDP170030 - SUBMITTAL DOCUMENTS - ROUND 1 - WTE / WTF INFORMATIONCopyright 2006-2013 American Land Title Association. All rights reserved. The user 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. Cell Tower Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) “Land”: The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) “Public Records”: those records which impart constructive notice of matters relating to said land; (c) “Date”: the effective date; (d) “the Assured”: the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) “the Company” means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which 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; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer’s office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims to title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein valuts, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic’s lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss – Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time hereinbefore specified shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. Copyright 2006-2013 American Land Title Association. All rights reserved. The user 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. 7. Limitation of Liability – Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liability exceed the amount of the liability stated on the face page hereof. (b) The company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys’ fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney’s fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 8. Subrogation Upon Payment or Settlement When the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 9. Binder Entire Contract Any action or actions or rights or action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 10. Notices. Where Sent 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 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 11. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI-FRAUD STATEMENT: 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 the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. This anti-fraud state is affixed and made a part of this policy. ISSUED THROUGH THE OFFICE OF: Old Republic National Title Insurance Company CELL TOWER INFORMATION BINDER Order Number: 01-17011002-01T Policy Number: Liability: $75,000.00 Fee: $1,250.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation, herein called the Company GUARANTEES LRK CONSULTING** Herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of 03/16/2017 1. Title to said estate or interest at the date hereof is vested in: PROSPECT STATION, LLC 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: FEE SIMPLE 3. The land referred to in this Binder is situated in the State of Colorado, County of LARIMER, described as follows: SITUATED IN THE COUNTY OF LARIMER, STATE OF COLORADO: LOT 1, PROSPECT STATION SUBDIVISION, BEING A REPLAT OF LOT 10, GRIFFIN PLAZA SUBDIVISION, AND A PORTION OF VACATED TAMASAG DRIVE, SITUATE IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, RECORDED 10/11/2013, AS DOCUMENT NO. 20130077437, OF THE LARIMER COUNTY RECORDS. Legal in Word 4. The following documents affect the land: 1. AGREEMENT FOR POSSESSION AND USE BY AND BETWEEN THE CITY OF FORT COLLINS, COLORADO, AND SEASPAN, LLC, RECORDED 03/19/2009, AS DOCUMENT NO. 20090016669 OF THE LARIMER COUNTY RECORDS. 2. EASEMENT DEED AND AGREEMENT BY AND BETWEEN SEASPAN, LLC, AND THE CITY OF FORT COLLINS, COLORADO, RECORDED 09/02/2009, AS DOCUMENT NO. 20090061269 OF THE LARIMER COUNTY RECORDS. Old Republic National Title Insurance Company CELL TOWER INFORMATION BINDER Order Number: 01-17011002-01T Policy Number: 3. ORDINANCE NO. 028,2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS, VACATING RIGHT-OF- WAY AS DEDICATED ON THE PLAT OF THE GRIFFIN PLAZA SUBDIVISION, RECORDED 03/30/2011, AS DOCUMENT NO. 20110019348 OF THE LARIMER COUNTY RECORDS. 4. RESOLUTION NO. AD13-24 OF THE DIRECTOR OF PLANNING, DEVELOPMENT, AND TRANSPORTATION SERVICE UNIT OF THE CITY OF FORT COLLINS VACATING A PORTION OF AN ACCESS, EMERGENCY ACCESS, UTILITY AND DRAINAGE EASEMENT ON LOT 10, GRIFFIN PLAZA SUBDIVISION, RECORDED 09/30/2013, AS DOCUMENT NO. 20130074568 OF THE LARIMER COUNTY RECORDS. 5. RESOLUTION NO. AD13-23 OF THE DIRECTOR OF PLANNING, DEVELOPMENT, AND TRANSPORTATION SERVICE UNIT OF THE CITY OF FORT COLLINS VACATING A PORTION OF A TRAIL EASEMENT ON LOT 10, GRIFFIN PLAZA SUBDIVISION, RECORDED 09/30/2013, AS DOCUMENT NO. 20130074569 OF THE LARIMER COUNTY RECORDS. 6. PRIVATE DRIVE MAINTENANCE AGREEMENT BY AND BETWEEN PROSPECT STATION, LLC; THE GRIFFIN FOUNDATION, INC.; AND, THE COLORADO STATE UNIVERSITY RESEARCH FOUNDATION, RECORDED 10/21/2013, AS DOCUMENT NO. 20130079080 AND RE-RECORDED AS DOCUMENT NO. 20160048071 AND DOCUMENT NO. 20160038107 OF THE LARIMER COUNTY RECORDS. 7. CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED BELOW AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS HEREOF, AMOUNT: $4,720,000.00 TRUSTOR: PROSPECT STATION, LLC TRUSTEE: THE PUBLIC TRUSTEE OF LARIMER COUNTY, COLORADO BENEFICIARY: FIRST NATIONAL BANK OF OMAHA DATED: 10/16/2013 RECORDED: 10/22/2013 DOC#: 20130079448 NOTE: ASSIGNMENT OF RENTS RECORDED 10/22/2013, AS DOCUMENT NO. 20130079449 OF THE LARIMER COUNTY RECORDS. NOTE: DISBURSER'S NOTICE RECORDED 10/22/2013, AS DOCUMENT NO. 20130079450 OF THE LARIMER COUNTY RECORDS. 8. UNIFORM COMMERCIAL CODE INSTRUMENT EXECUTED BY PROSPECT STATION, LLC, DEBTOR, IN FAVOR OF FIRST NATIONAL BANK OF OMAHA, CREDITOR, RECORDED 10/22/2013, AS DOCUMENT NO. 20130079451 OF LARIMER COUNTY RECORDS. 9. DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FORT COLLINS, COLORADO, AND PROSPECT STATION, INC., RECORDED 11/05/2013, AS DOCUMENT NO. 20130082470 OF THE LARIMER COUNTY RECORDS. 10. SUBJECT TO COVENANTS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS OF WAY AND BUILDING SETBACKS AS SHOWN ON THE PLAT OF PROSPECT STATION SUBDIVISION, AS RECORDED AS DOCUMENT NO. 20130077437 OF LARIMER COUNTY RECORDS. 11. SUBJECT TO THE EASEMENT RECITED IN THE DEED RECORDED IN BOOK 2020, PAGE 503 OF THE LARIMER COUNTY RECORDS. Copies