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A~@aninistrative l~eterLnitxatian
Staff 1Vfeeno
Application
Public 1®'otice, Acceptance Letter, f2 eferra6(s) Letter
Site Plan
1VFiscellaneo~rs
Plat(s)
Parcel ID: 2735-01-4-05-009 Application Date: 7/6/09 Case No: P066-09
Description:
Planner: Suzanne Wolff
# Copies: 1
Allocated Hours: 3
Project Address: 151 NIGHTHAWK DR, ASPEN, CO 81611 % Over Hours: 3.2
Property Owner: NIGHTHAWK INVESTMENT
Owner's REP: DYLAN JOHNS
REP's Email: dylanmj@hotmail.com
Address: 4990 SW 52ND ST, 201 Owner Phone:
FORT LAUDERDALE. FL 33314
Address: PO BOX 2493 REP's Phone: (970) 948-6787
ASPEN, CO 81612
Referrals:
Comments Due Date:
Other Referrals:
Meetings: 1st Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
2nd Meeting:
3rd Meeting:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 055-2009 #561760
Other Information:
VR Approval Date:
VR Expires Date:
Remarks: no vested
Plat Recorded Date: 09/25/2009
Plat (Bk, PG): B91 P88-89 #563115
Application Type: Minor Amendment to a Development Permit
RECEPTION#: 561760, 0811 012 00 9 at
10:30:01 AM,
1 OF 2. R 50.00 Doc Cade ADMiN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
COMMUNITY DEVELOPMENT DHtECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE NIGHTHAWK INVESTMENT
PROPERTIES LLC MINOR AMENDMENT TO DEVELOPMENT PERMIT
Administrative Decision No.~-2009
RECITALS
I. Pursuant to Section 2-20-150.b of the Land Use Code, Nighthawk Investment Properties LLC
("Applicant") has applied to the Community Development Director of Pitkin County, Colorado
("Director") to amend [he prior approvals as follows:
A. To establish a landscape envelope on the north portion of the property adjacent to the driveway.
B. To establish a cantilever envelope on the southwest corner of the building envelope to construct an
elevated walkway. The structural components of the walkway will be located within the building
envelope.
C. To modify the wildfire mitigation standards to lessen vegetation removal.
2. The property is located at 151 Nighthawk Lane, and is described as Lot 1 (replat #2), Ridge of Red
Mountain Subdivision.
3. The lot contains approximately 1.19 acres and is a conforming size parcel in the R-30 zone district.
4. The Community Development Director granted 1041 hazard review approval, pursuant to
Administrative Decision No. 86-2005; the 1041 site plan was recorded in Plat Book 75 at Page 11. The
Community Development Director granted Site Plan Review approval, pursuant to Administrative
Decision No. 15-2007; the site plan was recorded in Plat Book 84 at Page 44.
5. The Director finds that the proposed landscape and cantilever envelopes will not change the use of the
proposed development or the basic character of the land, are consistent with action taken during the
original review, do not increase off-site impacts or the allowable floor area, and will not endanger the
public health, safety or welfare.
6. The Director further finds that the proposed changes to the landscaping and wildfire defensible space
mitigation standards are acceptable, given the structural mitigation that has been provided.
THE DIRECTOR DOES HEREBY APPROVE the Nighthawk Investment Properties LLC
Minor Amendment to a Development Permit, subject to the following conditions, which shall run with the
land and be binding on all successors in interest:
1. All conditions of Administrative Decision Nos. 86-2005 and 15-2007 shall remain in full force and
effect, except as amended herein.
Prior to submission of a building permit application for the cantilevered walkway or installation of
landscaping, whichever occurs first, the Applicant shall record an amended site plan (including
landscaping), which shall first be submitted for approval by the County Attorney and Community
Development Department. The above referenced approvals shall be a condition precedent to
finalization and recordation. The mylar copy of the site plan must be signed by the owner prior to
submittal for recording.
Administrative Decision No~2009
Page 2
Condition #5 of Administrative Decision No. 86-2005 shall be replaced with the following: The
Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Where more screening vegetation is desired, the Applicant shall remove 60% of the overstory
vegetation within 40' of the house. The remaining 40% of the overstory vegetation may be left
in clumps.
B. All understory fuels (low shrubs, deadwood, etc.) within 40' of the house shall be flush cut to
ground level and removed. Remaining vegetation under the overstory shall be less than 6" in
height after mitigation is complete.
C. Within 40' of the house, the branches on all remaining trees shall be pruned to a minimum height
of 6'.
D. No branches shall be within 15' of chimneys.
E. From the 40-foot perimeter around the house, out to the 60-foot perimeter (or the property
boundaries), brush and shrubs that are taller than 4 feet shall be thinned to 2 times the height of the
fuels.
F. All thinned snowbeny, serviceberry, or chokecherry stumps shall be painted with Garlon® (or
equivalent) herbicide to prevent aggressive re-sprouting.
G. All deadfall and dead branches/stems to the property boundaries shall be removed.
H. Within 30 feet of the structure, keep all vegetation irrigated during the summer months, or during
dry periods or droughts.
I. No coniferous trees shall be planted within 30 feet of the house. Only deciduous vegetation is
allowed, with Aspen trees being the most suitable.
J. Low vegetation (less than 6 inches in height) shall be maintained within a 20-foot perimeter around
all structures, unless it is widely scattered small planters, fortis, and other irrigated ornamental
species. Shrubs within a 30-foot perimeter shall be installed so that they do not form a continuous
fuels profile.
K. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
4. The structural components of the elevated walkway shall be located within the building envelope. The
walkway shall only project into the cantilever envelope; no improvements shall be located on or below
the ground.
5. The Applicant shall adhere to all material representations made in the application.
APP//R/OVED by th(e~Director, this `,~~{lay of ~, 2009.
//A n<n.1 ~^'~L~ l.~
and ouben, Community Development Director
PID #273501405009: P066-09
June 30, 2009
Suzanne Wolfe
Community Development Department- Pitkin County
This is a request for a Minor Amendment to the Development Permit for 151 Nighthawk Lane- permit # 0065.07.PRBK and
Change Order i#0044.2009.PRGR. This application also references structure added in Change Order permit #
0171.2008.PRGR submitted 08/14/08
Attadied you will find an appligtion for Land Use actions:
1. We are requesting the creation of a landscape envelope on the north portion of the property, as shown in the attached
drawirxJs. There is currently only a buiklirg enveope bated on the site plan.
2. We are requesting a Minor Amendment to the Development Permit to provide for the creation of a Cantilever Envelope
on the South West comer of the building envelope. The purpose of this enveope is to allow for the construction of a
walkirg surface that provides an access/ egress pathway around the Ground Level of the Building. Because of the
requirement to reconstruct the existing grade and bury the basement level per Pitkin County regulations and the
proximity of the building comers to the lniikiing envelope, there are a few poirrts where the dear dimension does rat
meet code minimums for egress pathways.
Because the code mandates a guardrail at the top of the retaining wall, and have egress wells that are within the narrow
dreulation areas, we feel that we must provide the building occuparrts with a safe path of travel away from the building
in the event of a fire. By utilizing cantilevers, we would be able to minimally extend beyond the building enveope
perimeter with an elevated walkway. The attached drawing illtr~rates our proposed layout for this walking surface. As
we have not yet received permission to build this component, we have not yet engineered this system, and thus only
have a conceptual idea of how this will need to be constructed. The cantilever envelope layout has been simply and
slighdy oversized from the antidpated IayorR to albw for some flexibility with the ergineering and constnx3ion. The key
poirrts of this application are that the structural components of the cantilevered section will be supported from within the
building envelope and the amount of cantilever required for passage is less than 42".
3. we are requesting a mod~hcahon of the wrldnre mrbgahon standards to soften the visual impact of me building on the
site. Rocky Mountain Ecological Services prepared the original report that was submitted with the 1041 application, and
was brought bads to the site once the building construction had begun and the site conditions were more apparent. Our
pnmary concern was me degree or vegetanon pruning and me vrsuar impact or such a severe aeanng. r Here nave
been revisions to their report, based on their observations, and are submitting a revised landscape plan that
incorporates the recommendations in the revised report.
In conformance with the following Land Use Codes, these requests;
2-20-150 (b): Misr Amendment to Development Permit
1) Are consistent with actions taken during previous devebpmertt approvals for the property.
2) Do not change the use of the proposed development between residential, commercial and
tourist accommodation uses.
3} Do not change the basic character of the approved use of land on which the activity occurs,
including basic visual appearance and method of operation.
v~,JUI ~.~~
4) Do rot constitute a new larxl development activity.
5) Do not increase off-site impacts in the surrounding neighborhood.
6) Do not endanger the public health, safety or welfare.
7) Do not violate any Land Use Code standard.
8) Do not substantially increase the need for on-site parking or utilities, or affect affordable
housing generation.
9) Do not increase the floor area of the use by more Phan flue (5) percent or decrease the open
space on the site by more than five (5) percent.
7-20-130: Landscapmg and Vegetation Protection b)
1) Natural vegetation has been preserved to the maximum extent practicable, and any installed landscaping shall use the
species plant materials naturally occurring on the site or on neighboring properties (except at flower gardens).
z) Are m conformance with W ndtve tzegWanons.
3) Installed Berms shall have a slope no greater than 4:1, nor a height greater than 4 feet above grade.
4) Landscaping will not be used to mark or enclose the boundary of a parcel, or to privatize any public viewplane.
5) N/A
6) N/A
7) N/A
8) All plants will be maintained continually in a healthy condition in accordance with generally accepted professional
horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die
or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances
and obstructions.
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PITKIN COUNTY PRE-APPLICATKNt CONfERENC€ SUMMARY
PFtOJECT: Minor Amendment to a Development Permit
LOCATION: 0151 Nighthawk Lane (Red Mountain) PID# 273501405
OWNERS: lligti-I hc.._,klnues~~•e.~~ F4optrl:u LL~
REPRESENTATIVE: Dylan Johns
DATE: June 30, 2009
PLANNER: Suzanne Wolff, 920-5093
Type of Application: Minor Amendment to a Development Permit
Description of Pro~ect/Development: The Applicant is requesting to estabusn a landscape envelope, to amend
the boundaries of the building envelope in the southwest comer, and to modify some of the wildfire mitigation
wnditions.
Land Use Code Sections to be addressed in letter of request laoalicationl•
Sec. 2-20-150(b): Minor Amendment to Development Permit;
Sec. 7-20-130: Landscaping and Vegetation Protection;
Review by: Community Development director
Public Hearing: NO.
FEES: $773 (make check payable to "Pitkin County Treasurer")
$748 Planning flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.6
hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $249/hour)
$25 Clerk Technology Fee
To apply, submit 1 copy of the following tntormahon, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the code sections fisted above.
2. 24" by 36"and 11" by 17" Site Plans as designated in Section 2.1.12 of the Pitkin County Land Use
Application Manual;
s. Nrewous Land Use Approvals;
4. Proof of ownership of subject property;
5. Total fee for review of the application;
t;. Signed ree agreement (1 copy);
7. Consent from owner(s) to process application and authorizing the representative (1 copy);
8. Copy of this preapp form (1 copy)
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETEAPPLICATION. TWO-
SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs
SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED /N YOUR APPLICATION.
- ONE COPY SHALL HAVE ALL DOCUMENTS AT NO GREATER THAN 8 1/2" BY 11"
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information maybe required upon a complete
review of the application.
~"' i03
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
®LTIr7l LLC
PITKIN COUNTY (hereinafter COUNTY) and A11(~{'~'t~il>vk (UV$YW(sxlJ'
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. _HPPUUHNT has submitted to CUUN I Y an apphcauon for 15) NIb!{-fa•~+rlL
t-~C (hereinafter, THE
PROJECT).
L. APt'LICAN T understands and agrees that t'nkin County Ordinance No. UUts-ZUUB
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness. The fee structure is based
on the County's policy that development shall pay, in tWl, the cost of development review in
Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the
expense incurred in providing such services to the public.
3. APPLICANT and CUUIVTY agree that because of the size, nature or scope of the
proposed project, it may not be possible at the time of application to ascertain the full extent of
the costs involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use
appliptions shall accumulate if an application includes more than one type of land use review.
5. CUUN I v and APPLICANT turther agree that rt is impracticable for COUNTY
staff to complete processing or present sufficient information to the Planning Commission and/or
Board of County Commissioners to enable the Planning Commission and/or Board of County
Commissioners to make legally required findings for project approval, unless current billings are
paid in full prior to decision.
~. 1 heretore, APPLII;AN f agrees that in CbnSlderat~On of the CUUN f Y'S waiver of
its right to collect full fees prior to a determination of application completeness, APPLICANT
shall pay a base fee in the amount of $ ~ `j ~ which is based on ~ hours of staff time,
and it actual time spent by staff to process the application exceeds the average number of hours
by more than 20%, then the COUNTY will bill the APPLICANT quartedy for the additional time
spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT
further agrees that failure to pay such accrued costs shall be grounds for suspension of
processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
Effective 4/9108
G:county\admin\forms\agreement to pay
APPLICANT
Print ~._
atu
Date: ~uLy ~~Zooy
Mailing Address:
Po Dox ~.4q3
A6Wt~ m R16
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~..; ~.i i~~l
wn iv ~s ut.u4p ~nucn rcowars
June 2,2009
Community Development Deparhnent
Yttki n ~.ounty
130 South Calena St.
Aspen, CO 81611
To The Community Development Dept. for Pitkin County,
a54yL41Ub~ p,~
Dylan Johns of Zone 4 Enterprises, Inc. will act on behalf of Nighthawk Investment
Q17oRvpl~krtrters LLC. for a Mitwr Amendment to a Development Permit for 151 Nighthawk
Lane. Contact information for Mr. Johns is follows:
Dylan Johns
Zone 4 Enterprises, Inc_
P.O. Box 2493
Aspen, (,U ts1b1L
970-948-67s~
Please refer any questions related to this project to him.
Phan You, ~ G/v`~ _
Rowars~,'Managing Pechter
Ntghthawk Investment Yroperues, LLC
4990 S.W. 52nd Street
Davie, FI.333(4
954581-5600
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I~NN~~~~IINl~ ®ai54ae~ as:aei
JIIa1CE K VOB CMAIII PITKIa GMKdTr rA R a.aa II a.00
ADMDVLSI'RATi1VE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR
OB PITICII~I COUNTY, COLORADQ, GRANTIlVG APPROVAL TO THE RED MOUNTAIIV LLC
SPTE PLAN REYl~W
Decision No.~Z007
RECITALS
1. Red Mountain LLC ("Applicant''') has applied to the Pitkin CourAy Hearing Officer ("Hearing
Otticer"j for Scenic and 1041 Hazard Review approval to establish a building envelope.
2. The Lot is located at 0151 Nighthawk Leae, and is more specifically described as Lot 1(replat #2),
Kidge of Red Mountain Subdivision.
t.
3. The Lot is zonod R-30 and contains approximately+/-1.i9 aches. '
4. The Lot rocaived 1041 Hazard Review aHrrovat in 2005 pursuant to Administative Docisidh No.
86-2005 (Reception No. 514979). The 1041 Hazard Review Site Plan was recorded hs Hook 75,
Page 11.
5. The Applicant submitoad a complete application after July 6, 2006, therefore, the application is
being considered pursuant to the 2006 Land Use Cade.
6. The Applicant provided notice of the application to the adjacent property owners and no objections
wen; raxived within 30 days from the date the notice was poatrnarked (August 2, 2006).
7. The Diroetar fnn}s that the proposal complies with the app}icabk Sections of the Pitkin County
Land Use Code.
APPROVED by the Director, subject W the following conditions, which shall run with the land and be
binding on all successors in interest:
1. The Applicant shall adhere to all conditions and material representations made in the application
except as amended fierein.
2. The Applicant shah adhere to all conditions and requirements of Administrative Decision No. 86-
2005 unless specifically modified by the tams ofthese wndidans
3. Prio- U> submission of any future building permit applications, the Applicant shalt 6e required m
submit for approval by the County Attorney and Community Development, a Site Plan in
accordance with Section 2.1.12 of the Pitldn County Land Use Application ]vtanual.
4. The exteriorof therwiderxe shat} be finished in the natural Garth tones of the immediate v'h;inity, as
represented in the application. Roof and sidmg materials shall be norr•reflective. Color and
material samples shall be provided to Community Development far approval prior to isnlance of
buildmg permits
r
Admiaistrativa Decision No. _-2007
5. At time of buildin Page 2
8 P~It submiael a landscape phm shat! be submitted and approved by
Community Development.
6. 71te Applicant shall comply with the requirements of the Aspen Fire Protection District.
~WW~~H~~~ p+os 420=
JpNICE K Ve$ aR11DILL PiMIN ee1MlrY CO ~ e.eB i9/l~/a ~Bf:~81
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APPROVED by the Director, this .~ day of_~1-.~.L , 2007.
~/. n ~ r
CSnd Community Development Director
Case ~P I89-06
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NEPA••WILDLIFE••VEGETATION••WILDFIRE M]
August 19, 2008•
Richard Camp
Richard Camp Landscape Architecture
417 Main, Studio C
Carbondale, CO 81623
RE: 151 Nighthawk Lane- Wildfire Hazard Memo
Dear Mr. Camp
1 visited the property at 151 Nighthawk Lane in Pitkin County, on August 18, 2008 with Mr.
Rich Camp, the owner's representative. This homesite was previousty reviewed in 2005,
as part of an application prepared by Mr. Alan Richman. Mr Camp requested a review of
the property due to concerns over removal of screening vegetation. A review of the
construction materials verified that the home is being built using appropriate construction
materials for ahigh-hazard site. In order to help alleviate the concern over visual issues, I
recommend the following:
Where more screening vegetation is desired,
the overstory vegetation within 40' of" '
vegetaton left may be left in
clumps designed by the
landscape architect.
2. All understory fuels (low shrubs,
deadwood, etc.) within 40' of
the house shall be flush-cut to
ground level, and removed.
Remaining vegetation under the
overstory shall be less than 6
inches in height after mitigation
is complete.
3. All remaining trees shall be
pruned up to 6'.
All other requirements shall stand,
which includes:
4. No branctles shall be within 15' of r~imneys.
5. From the 40' perimeter around the house, out to the 60' perimeter (or the property
boundades), brush and shrubs that are taller than 4' shall be thinned to 2 times the
height of the fuels.
6. All thinned snowberry, serviceberry, or chokecherry stumps must be painted with
0222 BOBCAT LANE REDSTONE COLORADO SiG23
PHONE/FAX: (970) 9G3-2190 CELL: (970) 309-4454
EMAIL: ERI C.PETTERSON~STARBAND.N ET
~. ens~~
the homeowner shall remove 60% of
757 N~/itl uk W 4t1~ U n>d ltrvaew Ufid t
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Gadon® (or equivalent) herbicide to prevent aggressive re-sprouting.
7. All deadfall and dead branches/stems to the property boundaries shall be removed.
8. Within 30' of the structure, keep all vegetation irrigated during the summer months, or
during dry periods or drought conditions.
9. No coniferous vegetation may be planted within 30' of the house, due to flammability of
coniferous trees and shrubs. Only deciduous vegetation is allowed, with aspen trees
being the most suitable tree species.
10. Within a 20' pedmeter of the house, vegetation shaft be kept to less than 6" tall, unless
it is widely scattered small planters, (orbs, and other irrigated ornamental species (see
#'s 1 & 2 above). Shrubs remaining within a 30' perimeter shall be configured that they
do not form a continuous fuels profile.
11. The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
The following Structural Design and Construction Standards are required for construction
of a main house and any outbuildings:
II. Projections:
1. Projections at the roofline (which includes, but are not limited to: eaves, cornices,
soffits and coats over open decks) shall be sheathed with materials approved for
one-hour fire-resistive construction.
2. For projections below the roofline (including, but not limited to: exterior balconies,
decks, porches, and bay windows which extend over a flat or sloped surface), the
open space between grade and the underside of projections below the roofline
shall be enclosed by solid, vertical walls. These walls shah be constructed with
materials approved for one-hour fire-resistive construction on the exterior side of
the wall, and shall extend from the top of grade to the underside of the floor
decking or walls of the projection, OR:
3. Any porch or deck or projection shall be void of vegetation below it, and areas
below such projeef~ns shall be protected from accumulation of vegetation
materials by placement of a vegetation barrier covered with rocks or gravel, or by
coverage with concrete or stone. Walls underneath projections shall be
constructed with materials approved for 1 hourfire-resistive construction on the
exterior side of the wall. Pillars or columns shall be of non-flammable materials, or
if wood, made out of heavy log construction. The underside of any porch, deck or
projection shall be sheathed in 1 hour fire resistive materials, or with fire-retardant
treated wood.
4. An alternative for a deck or porch is use of non-Flammable hardscaping (flagstone,
cement pad, etc.) that is at least 18' wide. Some planters may be in this area, but
cannot contain trees (except aspen) or shrubby species.
III. Windows and Doors
1. Windows of the house shall be tempered glass on the southern, eastern and western
sides due to proximity of fuels. On the northern side, windows do not need to be
tempered as nearby vegetation is irrigated landscaping. Doors shall be
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
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75] V: btGamk- 6P~iN:re1 u and ew U to
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noncombustible, or one and three-fourths inch (1'/, ") solid wood, and any glass in
the doors shall be tempered.
IV. Exterior Walls and Siding
1. Exterior walls and siding shall have a minimum one-hour fire resistive rating on the
house.
V Foundations and Stilt Construction
1. Foundations, skirting and crawl space openings shall be fully enclosed and
constructed-with materials approved fart hourfire-resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
the Floor decking or walls.
2. Stilt foundations shalt be fully enclosed and aonstructed with materials approved
for 1 hour fire-resistive construction on the exterior side of the walls and shall
extend from the top of grade to the underside of the Floor decking or walls (not
including porches, patios, etc.).
VI. Roofing
1. Any new roofs shall be constructed with anon-combustible roof covering on a
Class A roof assembly (see UBC 1997 Section 1504).
2. Minimal roof pitch will be 3:12 on any new roofs.
3. Vents shall be screened with corrosive resistant wire mesh, with mesh '/.^
maximum on any new or existing roofs.
VII. Maintenance
1. Roofs and gutters shall be
kept clear of debris.
2. Yards shall be kept clear of
all littler, slash. and
flammable debris.
3. All flammable materials
(including firewood) shall be
stored on a parallel contour
a minimum of 30' from any
structure, or within a
separate structure.
4. Vegetation within a 30'-foot
perimeter shall be
maintained to a height not
more than six inches, or if
ornamental, shall be
ircigated and kept free of
dead materials.
5. Litter and other flammable
materials (including brooms,
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
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newspaper, old wood, flammable mulches, etc.) shall not be left adjacent to any
structure.
VIII. Miscellaneous
7. Fences shall be kept clear of brush and debris, and must have at least a 3" gap
between the fence and the main structure. Non-flammable, or treated wood
fencing material is recommended within 30' of the house. Fences shall be kept
clear of vegetation.
2. Any outbuildings or additional structures shall adhere to the same standards as the
main house.
3. Each structure shall have a minimum of one ten-pound ABC fire extinguisher.
4. Addresses shall be clearly marked with 2" non-combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on anon-combustible surface.
5. Fuel or propane tanks shall be installed undetground with an approved container.
IX. Access
1. No shrubs or conrfers are allowed within 10' of the driveway. Aspen are permitted
within 10' of the driveway.
2, tow vegetation (grasses, fiorbs and low shrubis) shall be kept mowed to less than
6" within 10' of either side of the driveway.
X. Water Supply
1. All structures greater than 5,000 square feet in Size shall be required to install in-
house sprinkler systems that meet the standardg of the local fire protection district
and the UBC. At building permit submittal, the Kcal fire protection district may
require smaller structures to be sprinkled due to'hazard considerations, emergency
access difficulties and lack of proximity to fire protection services.
XI. Utilities
1. Utility lines shalt be buried.
XII. Review Process
1. All development shaft be reviewed for compliance with this section. Along with a
building permit application, the property owner shall submit a site plan that shows
the mitigation sef-backs detailed in this document, at the time of a building permit
submittal.
2. The owner shall have the Fire Marshall review the thinned vegetation prior to
occupancy of the new dwelling due to the constrained area available for fuels
thinning opportunities, and the desires to minimlize impacts to vegetation profiles
on Red Mountain.
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
R~iS~D
757 Nirbthavk- IY~z/dfin Huamd Rvi w Update A~purt 79 (X)8
The standards stated in 7-20-60 Wildfire Hazards, has been modified for the conditions at this
property. Thank you for this opportunity to comment on this property, and please feel free to
email if you have any questions.
Sincerely,
Eric Petterson
Rocky Mountain Ecological Services, Inc.
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
1Z~1 S~~
`~. ~~.~
,-
IN
- ~ NEPA-•WILDLIF'E••
- June 23, 2005
Alan Richman, AICP
_ Alan Richman Planning Services
P.O. t3o>t 3613
Aspen CO, 81612
RE: Saval Residence, 151 Nighthawk tine, Ridge of Red Mountain Subdivision
[~earAlan,
Please submit this letter with your application to Pitlcirh County.
I visited the Saval Residence in the Ridge of Red Mountain subdivision with Alan
Richman, the owner's representative, on June 14, 2005. The owner would like to
_. designate a building envelope. The building site is',considered `Severe Hazard: Brush',
due to the fact that the slope is greater than 20% (actual sbpe was ranged between 10
and 50%) and the fuels were continuous. However,' the hillside below the house did not
have continuous fuels.
The .owner has the ability to ony modify vegetation up the edges of the property, which are
very close to the building envelope on the east side', of the property, therefore the Conditions
of Approval relating to Sec. 3-60-070, ~Idfire Hazard Areas, for the provision of Defensible
Space surrounding development
(inducting main residence and any ~~~'"~"'"~~`
outbuildings) for severe wiktftte hazard ~ ~^` ~ :"
areas inducts:
Vegetation-The vegetation on the
slope below the house contains a
dense patch of GambePs oak
adjacent to the house, and opens
up into a low-shrub system
dominated by bitterbrush,
snowbeny and sagebrush- This
plant community provides
important slope stabil¢ation
functions, therefore dramatic
thinning of this low-shrub
community is not recommer-ded.
Therefore any structure buiR on
this site must have significant
non-flammable and highly fire
~_
Oakbtush it: very dense adiacent to house, and must b< Chimed
dramatically; however oakbrush naturally thins out further doom the
slope, and this vegetation provides important slope stabilization
functioas
0222 BOBCAT LANE REDSTONE COLORADO 67623
PHONE/FAX: (970) 963-2190 CELL: (970) 309-4454
EMAIL: ERICPETTERSONQa MSN.COM
~~,~-~17
Saval Aeridence- 1041 FueLr I{rnrem ,uut 23, 2005
w. ,
resistant building materials. Further, landscaping around the house must consist of low-
flammability vegetation, including aspen and irrigated grass and forts. No coniferous or
dense, shrubby landscaping will be permitted. Within at least 30' of the house (or to the
property boundaries), vegetation should be irrigated during the summer and fall months
to keep fuel moistures high. A buffer of non-flammable haMscaping (i.e. stone patios as
- opposed to beds) is recommended within 30' (as appropriate) of the house, irrigated
lawn is also acceptable.
__ 1. Brush, debris, and non-ornamental vegetation shall be removed within a minimum
ten foot (15') perimeter around all structures.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the
- fuels at a minimum of 40' perimeter around proposed structures (or to property
boundaries). Aspen trees may remain.
3. All branches from trees and brush remaining within the forty-foot perimeter shall be
- pruned to a minimum height of ten feet (10') above the ground with removal of
ladder fuels from around trees and brush.
4. No branches shalt be within 15' of chimneys.
5. From the 40' perimeter around the house, out to the 60' perimeter (or the property
boundaries), brush and shrubs that are taller than 4' shall be thinned to 2 times the
_ height of the fuels.
6. All thinned snowberry, servicebeny, or chokecheny stumps must be painted with
Garton® (or equivalent) herbicide to prevent aggressive re-sprouting.
_ 7. All deadrall and dead branches/stems to the property boundaries shall be
removed.
8. Wtthin 50' of the structure, keep all vegetation irrigated during the summer months,
or during dry periods or drought conditions.
9. No coniferous vegetation may be planted within 30' of the house, due to
flammability of coniferous trees and shrubs. Only deciduous vegetation is alknnred,
with aspen trees
being the most
suitable tree
species.
10. Within 30' of the
_ structure,
vegetation should
be less than 12'
tall, except for
aspen tn:es or
installed shrubs
that are
surrounded by
irrigated lawns.
11. Within a 20'
perimeter of the
house, vegetation
shall be kept to
less than 6" tall,
unless tt is vndely
ROCRYMOUNTAIN ECOEOGICAI, SERVICES, INC
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.Saaa/IteQGenco- f04f F •/ R ~ juae 23 2005
scattered small planters, (orbs, and other irrigated ornamental speces. Shrubs
within a 30' perimeter shall be installed so that they do not forth a continuous fuels
- profile_
12. The property owner shall be responsible for the continued maintenance of the
_ defensible space vegetation requirements.
_ The following Structural Design and Construction Standards are required for construction
of a main house,and any outbuildings: ,
11. Projections:
1. Projections at the roofline (which includes, but are not limfted to: eaves, cornices,
soffits and roofs over open decks) shall tie sheathed with materials approved for
one-hour fire-resistive c:onstnlction.
2. For projections below the roofline (including, but not limited to: exterior balconies,
decks, porches, and bay windows which extend over a flat or sloped surface), the
open space between grade and the underside of projections below the roofline
shall be enclosed by solid, vertical walls. These walls shall be censtnx:ted with
materials approved for one-hour fire-resistive construction on the exterior side of
the wall, and shall extend from the top of grade to the underside of the floor
decking or walls of the projection, OR:
3. Any porch or deck or projection shall be void of vegetation below it, and areas
below such projections shall be proteded from accumulation of vegetation
materials by placement of a vegetation barrier covered with rocks or gravel, or by
coverage with concxete or stone. Walls underneath projections shall be
constructed with materials approved for 1 hour fire-resistive construction on the
exterior side of the waH. Pillars or columns shall be of non-flammable materials, or
rf wood, made out of heavy log construction. The underside of any porch, deck or
projection shall be sheathed in 1 hour fire resistnre materials, or with fire-retardant
treated wood.
4. An attemative for a deck or porch is use of non-flammable hardscaping (flagstone,
cement pad, etc.) that is at least 18' wide. Some planters may be in this area, but
cannot contain trees (except aspen) or shrubby species.
III. Windows and Doors
1. Windows of the house shall be tempered glass on the southern, eastern and
western sides due to proximity of fuels. On the northern side, windows do not need
to be tempered as nearby vegetation is irrigated landscaping. Doors shall be
noncombustible, or one and three-fourths inch (1'/,') solid wood, and any glass in
the doors shall be tempered.
IV. Exterior Walls and Siding
1. Exterior walls and siding shall have a minimum one-hour fire resistive rating on the
house.
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC _
., x::19
O1Z I6 IW I'~
S val Readen¢- 1041 FrreLr Acuieiv ]unr 23 2005
- V. Foundations and Stilt Construction
1. Foundations, skirting and crawl space openings shall be fillly enclosed and
- constructed with materials approved for 1 hour fire-resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
the floor decking or walls.
'~ 2. Stilt foundations shall be fully enclosed and constructed with materials approved
for 1 hour fire-resistive construction on the exterior side of the walls and shall
_ extend from the top of grade to the underside of the floor decking or walls (not
incuding porches, patios, etc.).
VI. Roofing
1. Any new roofs shall be constructed with anon-combustible roof covering on a
Class A roof assembly (see UBC 1997 Section 1504).
2. Minimal roof pitch will be 3:12 on any new roofs.
_ 3. Vents shall be scxeened with cortosive resistant wire mesh, with mesh '/.°
maximum on any new or existing roofs.
VII. Maintenance
1. Roofs and gutters shall be kept dear of debris.
2. Yards shall be kept clear of alt littler, slash and flammable debris.
3. All flammable materials
(incuding firewood) shall be
stored on a parallel contour a
minimum of 30' from any
structure, or within a separate
structure.
4. Vegetation within a 30'-foot
perimeter shall be maintained
to a height not more than six
inches, orrf ornamental, shall
be irrigated and kept free of
dead materials.
5. Litter and other flammable
materials (including brooms,
newspaper, old wood,
flammable mulches, etc.)
shall not be left adjacent to
any structure.
~ ROCRY MOUNTAIN ECOLOGICAL, SERVICES, INC
.,
.~;
~, .; ., c.
SaualHeadena- 1047 Fuelr Re ' ~~nc 23. 2005
- VIII. Miscellaneous
1. Fences shall be kept Gear of brush and debris, and must have at least a 3' gap
- between the fence and the main strudure. Non-flammable, or treated wood
fencing material is recommended within 30' of the house. Fences shall be kept
Gear of vegetation.
2. Any outbuildings or additional structures shall adhere to the same standards as the
main house.
3. Each structure shall have a minimum of one ten-pound ABC fire extinguisher.
4. Addresses shall lie dearly marked with 2° non-combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on anon-combustible surface.
- 5. Fuel or propane tanks shall be installed underground with an approved container.
lX. Access
1. No shrubs or conifers are allowed within 10' of the driveway. Aspen are permitted
within 10' of the driveway.
2. Low vegetation (grasses, forts and low shrubs) shall be kept mowed to less than
6" within 10' of either side of the driveway.
X. Water Supply
All strudures greater than 5,000 square feet in s¢e shall be required to install in-
house sprinkler systems that meet the standards of the lopl fire protection distrid
and the UBC. At buikfing
permit sutxnittal, the local
fire protection distrid may
require smaller structures
to be sprinkled due to
hazard considerations,
emergency access
difficulties and lads of
proximity to fire protedion
services.
„,~ 1
Y ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
-- XI. Utilities
1. Utility lines shall be buried.
XII. Review Process
1. All development shall be reviewed for compliance with this section. Along with a
building permit application, the property owner shall submit a site plan that shows
the mitigation set-backs detailed in this document, at the tame of a building permit
submittal.
2. The owner shall have the Fire Marshall review the thinned vegetation prior to
occupancy of the new dwelling due to the constrained area available for fuels
thinning opportunities, and the desires to minimize impacts to vegetation profiles
on Red Mountain.
The atwve standards have been- modified from the Pitkin County Code 3-80-070 Wildfire
Hazard Areas, for the situation at the Saval Property.
Thank you for this opportunity to comment on this property. Please feel free to call rf you
have any questions.
Sincerely,
~2_
Eric Petterson
Principal Ecologist
Rocky Mountain Ecological Services, tnc.
ROCKY MOV NTAIN ECObOGICAI, SERVICES, INC
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OPERATING AGREEMENT
NIGHTHAWK INVESTMENT PROPERTIES, LLC
THIS OPERATING AGREEMENT ("Agreement") is entered into as
of
the ~_day of octal~or , 2007, by and among the Members of,
NIGHTHAWK INVESTMENT PROPERTIES, LLC, a Florida Limited
Laabiiity Company, hereinafter referred to as the Company.
In consideration of the mutual promises contained herein the
Members agree as follows:
ARTICLE 1
The Limited Liability Companv
1.1 Formation. The Company was formed by CHARLES M.
ROWARS, DORI EDELMAN, and NIGHTHAWK MANAGERS, LLC,
subject to the provisions of the Florida Limited Liability Company Act (the
"Act").
1.2 Articles of 6raanization. The Articles of Organization were
filed with the Secretary of State on August 9, 2007, and Articles of
Amendment on September 14, 2007. In the event of any inconsistency
between the Articles of Organization and this Agreement, the terms of this
Operating Agreement shall be govern.
1.3 Business. The Company is about to acquire the Real
Property (hereinafter defined). The Members hereby authorize the
Managing Member to take all commercially reasonable steps and to do all
commercially reasonably things necessary and/or desirable in order for the
Company to construct, market sell and/or lease a luxury single-family
residence upon the Real Property. The Company may exercise all other
powers which may be legally exercised by limited liability companies under
the Act.
1.4 Registered Office; Agent. The registered office of the
Company shall be 4990 S.W. 52"d Street, Davie, Florida 33314, or at such
other place in Florida as may be selected by the Managing Members. The
Company's registered agent at such address shall be CHARLES M.
ROWARS.
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1.5 Additional Members. Additional Members shall not be
admitted to the Company without the prior written consent of the Managing
Member.
1.6 Tenn. The Company shall have perpetual existence, unless it
is earlier dissolved in accordance with either the provisions of this
Operating Agreement or the Act. The Company shall be dissolved upon
the sale and distribution of all or substantially all of its assets.
ARTICLE II
Definitions
2.1 Act. "Act" means the Florida Limited Liability Company Act
(Chapter 608 of the Florida Statutes) adopted as of the date hereof, as
amended from time to time.
2.2 Agreement. "Agreement" means this Operating Agreement,
as amended from time to time.
2.3 Cash Flow. "Cash Flow" shall mean the excess of all cash
receipts of the Company over all cash disbursements of the Company and
over any debt repayment of any loans to the Company (including Member
loans).
2.4 Code. "Code" shall mean the Internal Revenue Code of 1986,
as amended, or any successor statute.
2.5 Loans. The "Loans" shall mean mortgages aggregating
approximately Ten Million Five Hundred Thousand Dollars
($10,500,000.00) from lenders selected by the Managing Member,
obtained for the purpose of acquiring the Reat Property and constructing
the residence to be built upon the Real Property. CHARLES M. ROWARS
and DORI EDELMAN, if required, shall unconditionally and personally
guarantee the Loans. No other Member shall be required to personally
guarantee the Loans.
2.6 Managing Member. The "Managing Member" shall be
NIGHTHAWK MANAGERS, LLC, a Florida Limited Liability Company.
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2.7 Profit or Loss. "Profit" or "Loss" shall mean the profit or loss
of the Company as determined under the capital accounting rules of
Treasury Regulation 1.704-1(b) (2) (iv) for purposes of adjusting the capital
accounts of the Members including, without limitation, the provisions of
paragraphs (b), (f) and (g) of those regulations relating to the computation
of items of income, gain, deduction and loss.
2.8 Sharing Ratio. The "Sharing Ratio" of each Member shall be
as set forth on Exhibit "A" attached hereto and made a part hereof.
2.9 Treasury Regulations. "Treasury Regulations' shalt mean
regulations issued by the Department of Treasury under the Code. Any
reference to a specific section or sections of the Treasury Regulations
shall be deemed to include a reference to any corresponding provision of
future regulations under the Code.
2.10 Voting Interest. "Voting Interest" shall mean a number of
votes equal to a Member's Sharing Ratio. "Majority Vote of the Members"
means an affirmative vote of Members holding more than fifty percent
(50%) of the Company's Voting Interest.
2.11 Invested Capital. "Invested Capital" shall mean with respect
to a Member, an amount equal to its cash capital contributions and the net
agreed value of any non-cash capital contributions made pursuant to this
Agreement, less the sum of all distributions previously made to that
Member, pursuant to Section 4.1. Contributions to capital shall be added to
Invested Capital when made.
2.12 Real Property. "Real Property" shall mean the Real Property
described on Exhibit "B" attached hereto and made a part hereof.
2.13 Defined Terms. "Defined Terms" shall have the meaning
ascribed to it by the Act or as otherwise defined in this Agreement.
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AK I Ic:LE III
Capital Contributions
3.1 Initial Capital Contributions. The Initial Capital
Contributions to the Company of each of the Members shall be made
concurrently with their respective execution and delivery of this Operating
Agreement and shall be in the amounts set forth on Exhibit "C" attached
hereto and made a part hereof.
3.2 Loans. Deleted prior to execution.
3.3 Contracts. The Managing Member is hereby authorized to
execute contracts to engage the services of architects, subcontractors, real
estate firms and other third parties necessary to carry out the purpose of
this Agreement, subject to the provisions of Section 7.8.
3.4 Additional Gapital Contributions. No Member shall be
obligated to contribute any additional capital to the Company. If the
Company needs additional Capital to meet its obligations, the Company
may borrow such additional capital from any source, including any
Member.
3.5 No Third Partv Beneficiary. The provisions of this Article III
are not intended to be for the benefit of and shalt not confer any rights
upon any creditor. No person other than a Member shall have the right to
enforce any obligation of a Member to contribute capital.
3.6 Miscellaneous.
(a) Members shall receive two (2%) per annum on their
Capital Contribution, payable out of the sale proceeds in accordance with
Section 5.3.
(b) No Member may withdraw any capital from the capital of
the Company except as specifically provided herein or under the Act.
(c} No Member shall have any priority over any other
Member with respect to the return of any Capital Contribution, except as
expressly provided herein.
ARTICLE IV
Distributions
All distributions made in connection with the sale or exchange of all
or substantially all of the Company assets and all distributions made in
connection with the liquidation of the Company shall be: First, to the
repayment of any debt owed by the Company to third parties; Second, to
the payment of any indebtedness under third party contracts; Third, to the
payment of interest on loans from Members to the Company, if any;
Fourth, to the repayment of principal on any loans made by Members to
the Company; Fifth, to the Members as a return of all capital contributed
(ratably, and without preference); and thereafter, in accordance with the
provisions of Section 5.3 below. Notwithstanding the preceding, if a
Member on the date of the "liquidation" of its interests in the Company
(within the meaning of Section 1.704-1(b)(2)(ii)(g) of the Treasury
Regulations) has a negative balance in its capital account, the Member
shall have no obligation to contribute any amount to its capital account.
AR (ICLt V
Allocations of Profit and Loss
5.1 Determination of Profit and Loss.
(a) Profit or Loss shall be determined on an annual basis
and for such other periods as maybe required.
(b) This Article provides for the allocation among the
Members of Profit and Loss as determined under Treasury Regulation
Section 1.704-1(b)(2)(iv) for purposes of crediting and debiting the capital
accounts of the Members and Article VI which provides for the allocation
among the Members of taxable income and tax loss.
5.2 Profit and Loss Allocation. Except as provided in Section
5.4, all Profit and Loss shall be allocated among the Members in
accordance with their respective Sharing Ratios.
5.3 Allocation of Net Proceeds from Sale of Real Property.
After making the payments set forth in Article IV above, including the
payment to the Members of their capital contributions, and interest accrued
thereon pursuant to Section 3.6, the proceeds from the sale of the Real
Property ("Net Proceeds") shall be distributed as follows:
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(a) First, to all of the Members, an amount equal to Six
(6%) percent per annum on their Capital Contributions (the "Preferred
Return").
(b) Next, such amount to the Managing Member as is
necessary so that the ratio of the sums received by it pursuant to this sub-
paragraph (b), as compared to the Preferred Return provided in
subparagraph (a) above, is 52.50:47.50.
(c) The remaining Net Proceeds shall be distributed
52.50% to the Managing Member and 47.50% to the Members in their
respective Sharing Ratios.
5.4 Qualified Income Offset and Minimum Gain Chargeback
Provisions.
(a) The "qualified income offset" provisions of Treasury
Regulation Section 1.704-1 (b) (2) (ii) (d) are incorporated herein by
reference and shall apply to adjust the allocation of Profit and Loss
otherwise hereinabove provided to the extent provided in that regulation.
(b) The "minimum gain" provisions of Treasury Regulation
Section 1.704-2 are incorporated herein by reference and shall apply to
adjust the allocation of Profit and Loss otherwise hereinabove provided to
the extent provided in that regulation.
(c) If a special allocation of Profit, Loss, income, gain, loss
or deduction is made to a Member under this Section 5.4, future
allocations hereinabove provided shall be adjusted to take into account
such special allocation.
ARTICLE VI
Allocation of Taxable Income and Loss
6.1 In General.
(a) Except as provided in Sections 6.1(b) and 6.2, each
item of income, gain, loss and deduction of the Company for federal
income tax purposes shall be allocated among the. Members in the same
manner as such item is allocated for capital account purposes under
Article V.
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(b) To the extent of any recapture income (as defined
below) resulting from the sale or other taxable disposition of a Company
asset, the amount of any gain from such disposition allocated to (or
recognized by) a Member (or its successor in interest) for federal income
tax purposes pursuant to Sections 5.3 and 5.4 shall be deemed to consist
of recapture Income to the extent such Member (or such Members
predecessor In Interest) has been allocated or has claimed any deduction
directly or indirectly giving rise to the treatment of such gain as recapture
income. ror this purpose "recapture income" shall mean any gain
recognized by the Company (but computed without regard to any
adjustment required by Sections 734 and 743 of the Code) upon the
disposition of any property or asset of the Company that does not
constitute capital gain for federal income tax purposes because such gain
represents the recapture of deductions previously taken with respect to
such property or assets.
6.2 Allocation of Section 704(c) Items. The Members recognize
that with respect to property contributed to the Company by a Member and
with respect. to property revalued in accordance with Treasury Regulation
1.704-1(b) (2) (iv) (f), there will be a difference between the agreed values
or "carrying values" of such property at the time of contribution or
revaluation and the adjusted tax basis of such property at that time. All
items of tax depreciation, cost recovery, amortization, amount realized and
gain or loss with respect to such assets shall be allocated among the
iviembers to take into account the book-tax disparities in accordance with
the provisions of Sections 704(b) and 704(c) of the Code and the Treasury
Regulations under those Sections.
6.3 Integration With Section 754 Election. All items of income,
gain, loss, deduction and credit recognized by the Company for federal
income tax purposes and allocated to the Members in accordance with the
provisions hereof and all basis allocations to the Members shall be
determined without regard to any election under Section 754 of the Code
that may be made by the Company; provided, however, such allocations,
once made, shall be adjusted as necessary or appropriate to take into
account the adjustments permitted by Sections 734 and 743 of the Code.
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6.4 Allocation of Tax Credits. All tax credits with respect to the
Company's expenditure of funds shall be allocated in the same manner as
the allocation of Profit for the period during which the expenditures giving
rise to the tax credit are incurred. If there is no Profit during such period,
tax credits shall be allocated in accordance with the Members' respective
Sharing Ratios.
ARTICLE VII
Managing Member
7.1 Management Authority Primarv Areas of Responsibility.
Management of the Company shall be vested in the Managing Member
who is authorized to make all decisions and to take all actions with respect
to the day-to- day operation, management and maintenance of the
Company. In conducting the business of the Company, the Managing
Member shall have all of the rights, duties and powers conferred by the
Act. The Managing Member is as set forth in Section 2.6.
7.2 Duties. The Managing Member shall carry out his duties in
good faith, in a manner it believes to be in the best interests of the
Company, and with such care as an ordinarily prudent person in a like
position would use under similar circumstances. The Managing Member
who so performs his duties shall not have any liability by reason of being or
having been a Managing Member of the Company. The Managing Member
shall devote such time to the business of the Company as he, in his
discretion, deems necessary for the efficient carrying on of the Company's
business. The Managing Member shall at all times be free to engage in
any business for his own account.
7.3 Number. There shall be one (1) Managing Member of the
Company.
7.4 Tenure and Removal. The Members agree to the election of
the Managing Members as set forth in Section 2.6 above. A Managing
Member may be removed for cause, for non-performance of his duties, or
if he commits fraud or a similar dishonest act in connection with the
Company's business.
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7.5 Reliance by Third Parties. No third party dealing with the
Company shall be required to ascertain whether a Managing Member is
acting in accordance with the provisions of this Agreement. All third parties
may rely on a document executed by the Managing Member as binding the
Company. The foregoing provisions shall not apply to third parties who are
affiliates of a Member or a Managing Member. A Managing Member
acting without authority shall be liable to the Members for any damages
arising out of its unauthorized actions.
7.6 Resignation. The Managing Member may resign at any time
by giving written notice to the Members. Unless otherwise specified in the
notice, the resignation shali take effect upon receipt by the Members, and
the acceptance of the resignation shall not be necessary to make it
effective.
7.7 Vacancies. Vacancies occurring for any reason shall be filled
by CHARLES M. ROWARS and DORI EDELMAN.
7.8 Transactions Between Comoanv and Managing Member.
Each signatory to this Operating Agreement has received a copy of the
preliminary budget for the construction, marketing and sale of the single
family residence to be constructed upon the Real Property. Any
transaction between the Company and the Managing Member or any
person or any entity affiliated with the Managing Member not disclosed
within the preliminary budget, or in excess of Ten Thousand ($10,000.00)
00/100 Dollars, shall be disclosed to the Membership and subject to the
approval by a Majority Vote of the Members. Otherwise, the Managing
Member, on behalf of the Company, may contract and deal with the
Company, or cause any person or entity affiliated with it to contract or deal
with the Company, provided such contract and dealings are on terms
comparable and competitive with those available to the company from
others dealing at arms' length.
7.9 Management Fees and Reimbursements. i he Managing
Member shall not be entitled to a Management Fee for managing the
operations of the Company but shalt share in the profits and losses in
accordance with Section 5.3 above. Notwithstanding the foregoing,
members of the Managing Member, to wit: Dylan Johns and Chris Powell
will be compensated for services rendered as the owner's representative
and designer, respectively. Charles M. Rowars and Dori Edelman will
receive compensation for marketing and administration in an amount not to
exceed Two Hundred Thousand ($200,000.00) 00/100 Dollars. The
Managing Member shall be entitled to reimbursement for any and all
expenses incurred or costs advanced.
7.10 Insurance. The Managing Member shall maintain for the
protection of the Company and all of its Members such insurance as the
Managing Member, in his sole discretion, deems necessary for the
operations being conducted.
7.11 Indemnification. The liability of the Managing Member shall
be limited as set forth in the Act. The Company shall indemnify and hold
harmless the Managing Member and his agents and employees to the
fullest extent allowed by the Act.
7.12 Other Activities. The Managing Member shall devote such
time to the business of the Company as is necessary for the efficient
operation of the Company's business. The Managing Member shall at all
times be free to engage and possess an interest in any business or
venture for its own account, including, without limitation, the formation of
partnerships, joint ventures and corporations, which business or venture
may directly or indirectly compete with the business of the Company.
7.13 Exculpation.
(a) In carrying out its duties hereunder, the Managing
Member shall not be liable to the Company nor to any Member for their
good faith actions, failures to act, errors of judgment, nor any acts or
omissions believed in good faith to be within the scope of authority
conferred by this Agreement. but shall be liable for fraud, willful misconduct
or gross negligence in the performance of their duties under this
Agreement.
(b) Subject to the limitations of the Act, the Company shall
indemnify and hold harmless the Managing Member and its officers,
directors, partners, agents, employees and affiliates as to third parties
against and from any personal loss, liability or damage incurred as a result
of any act or omission of the Managing Member believed in good faith to
be within the scope of authority covered by this Agreement, except for
fraud, willful misconduct or gross negligence, but not in excess of the value
of the net assets of the Company as of the dale the Company learns of
such act or omission resulting in the personal loss, liability or damage to a
third party (the "Date of Notice"). In all cases, indemnification shall be
provided only out of and to the extent of the net assets of the Company as
of the Date of Notice, and no individual Member shall have any personal
liability whatsoever on account thereof. In no event shall the Company be
liable to a third party under this Section for the amount of any additional
contributions made to the Company after the Date of Notice or for the
amount of any increase in value of any Company assets after the Date of
Notice. Notwithstanding the foregoing, the Company's indemnification of
the Managing Member and its officers, directors, agents and employees as
to a third party shall be only with respect to such loss, liability or damage
that is not otherwise compensated for by insurance carried for the benefit
of the Company.
7.14 Checks. All of the Company's check shall require the
signature of either CHARLES M. ROWARS or DORI EDELMAN or
persons authorized by them as signatories.
ARTICLE VIII
Members
8.1 Limited Liability. The liability of each Member shall be
limited as set forth in the Act. Except as permitted under this Agreement, a
Member shall take no part in the control, management, direction or
operation of the affairs of the Company and shall have no power to bind
the Company.
8.2 Informal Action. Any action required or permitted to be taken
at a meeting of the Members may be taken without a meeting if the action
is evidenced by a written consent describing the action taken, signed by
each Member entitled to vote. Action taken under this Section is effective
when all Members entitled to vote have signed the consent, unless the
consent specifies a different effective date.
8.3 Annual Meeting. The annual meeting of the Members shall
be held during the month of January or at such other time as shall be fixed
by the Manager for the purpose of electing Managing Members to manage
the Company and for the transaction of such other business as may come
before the meeting. If the day fixed for the annual meeting shall be a legal
holiday, such meeting shall be held on the next succeeding business day.
8.4 Special Meetings. Special meetings of the Members for any
purpose or purposes may be called by the Managing Member or by
holders of not less than twenty-five percent (25%) of all Voting Interests.
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• 8.5 Place of Meeting. The Manager may designate the place of
meeting for any annual meeting and the person calling a special meeting
may designate the place for such special meeting. If no designation is
made, the place of meeting shall be the registered office of the Company.
8.6 Notice of Meetinq.
(a) Written notice stating the place, day and hour of the
meeting and, in case of a special meeting, the purpose or purposes for
which the meeting is called, shall be delivered either personally or by mail,
by or at the direction of the Manager or other person calling the meeting,
to each Member of record entitled to vote at such meeting. If mailed, such
notice shall be deemed delivered as provided in the Act. Waiver of notice
and actions taken at a meeting shalt be effective as provided in the Act.
(b) The Members recognize that, absent the consent of the
Members, the Act requires that the Members receive at least ten (10) days
notice prior to any specia( meeting of the Members. Each of the Members
hereby consents and agrees that special meetings of the Members may be
called upon four (~) days written notice and each Member hereby waives
the requirement that at least ten (10) days written notice of a special
meeting be given to the Members.
8.7 Proxies. At all meetings of Members, a Member may vote in
person or by proxy executed in writing by the Member or by his duly
authorized attorney-in- fact. Such proxy shall be filed with the Managing
Member of the Company before or at the time of the meeting. No proxy
shall be valid after eleven (11) months from the date of its execution,
unless otherwise provided in the proxy.
8.8 Conduct of Meetings. At each meeting of the Members,
CHARLES M. ROWARS, or in his absence, DORI EDELMAN shall act as
Chairman. The Chairman shall preside over and conduct the meeting and
shall appoint someone in attendance to make accurate minutes of the
meeting. Following each meeting, the minutes of the meeting shall be sent
to each Member.
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8.9 Tax Matters Partner. Pursuant to Section 6231(a) of the
Code, CHARLES M. ROWARS is designated as the tax matters partner
for the Company. CHARLES M. ROWARS is authorized to perform, on
behalf of the Company or any Member, any act that may be necessary to
make this designation effective.
ARTICLE IX
Accountina and Reportina
9.1 Books. The Company shall maintain complete and accurate
books of account at the registered office of the Company. The Company
shall provide any Member any information requested relating to the
business of the Company. During ordinary business hours and upon
reasonable notice, any Member or its authorized representative shall have
access to all books, records and materials regarding the Company and its
activities.
9.2 Capital Accounts. The Gompany shalt maintain a separate
capital account for each Member in accordance with the Treasury
Regulations under Section 704(b) of the Code and such other accounts as
may be necessary or desirable to comply with the requirements of
applicable laws and regulations.
9.3 Transfers Durina the Year. In order to avoid an interim
closing of the Company's books, the share of profits and losses under
Article V of a Member who transfers part or all of their interest in the
Company during the Company's accounting year may be determined by
taking their pro rata share of the amount of such profits and losses for the
year. The proration shall be based on the portion of the Company's
accounting year which has elapsed prior to the transfer or may be
determined under any other reasonable method; provided, however, that
any gain or loss from the sale of the Company assets shall be allocated to
the owner of the Company interest at the time of such sale. The balance of
the profits and losses attributable to the Company interest transferred shall
be allocated to the transferee of such interest.
9.4 Reports. The Manager shall advise the Members properly
about their investment in the Company. Prior to March 15th of each year,
the Members shall be provided with a copy of the Company's federal
income tax return (Form 1065) to be filed for the preceding year, along with
a Form K-1.
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9.5 Section 754 Election. If requested by a Member the
Company shall make the election provided for under Section 754 of the
Code. Any costs attributable to making such election initially shall be
borne solely by the requesting Member. Thereafter, any such costs shall
be allocated among the Members benefiting from such election in
accordance with their Sharing Ratios.
ARTICLE X
Transfers of Membership Interest
10.1 Restrictions. No Member shall be authorized to sell, assign,
pledge, encumber, or otherwise transfer any portion of their interest in the
Company without the unanimous consent of the Managing Members.
102 Direct and Indirect Transfers. For purposes of this
Agreement, restrictions upon the sale, assignment or disposition of a
Member's interest shall extend to any direct or indirect transfer including,
without limitation, (i) an involuntary transfer pursuant to a foreclosure sale,
(ii} a transfer resulting by operation of law, or as a result of any merger,
consolidation or similar action, and (iii) the transfer of an equity interest to
a Member that is a corporation, partnership, or other entity.
10.3 Substitution of a Member.
(a) No assignee, legatee, or transferee (by conveyance,
operation of law or otherwise) of the whole or any portion of a Member's
interest in the Company shall have the right to become a substituted
Member without the written consent of all of the Members. The granting or
denial of a request for such written consent shall be within the absolute
discretion of each Member. A substituted Member shall succeed to all the
rights and interest of his assignor in the Company. An assignee of a
Member who is not admitted as a Member shall be entitled only to the
distributions to which his assignor would otherwise be entitled.
(b) If a Member shall die, his executor, administrator or
trustee, or, if he shall be adjudicated insane or incompetent, his committee,
conservator or representative, or if a Member shall be dissolved, merged
or consolidated, its successor in interest, shall have the same rights and
obligations that such Member would have had if he had not died or had not
been adjudicated insane or incompetent or had not been dissolved,
merged or consolidated, except that the executor, administrator, trustee,
committee, conservator, representative or successor shall not become a
substituted Member without the written consent of all of the other
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Members.
(c} No transfer of any interest in the Company otherwise
permitted under this Agreement shall be effective for any purpose
whatsoever until the transferee shall have assumed the transferor's
obligations to the extent of the interest transferred and shall have agreed
to be bound by all the terms and conditions hereof, by writfen instrument,
duly acknowledged, in form and substance reasonably satisfactory to the
Managing Members.
10.4 Conditions to Substitution. As conditions to their admission
as a Member (a) any assignee, legatee, transferee or successor of a
Member shall execute and deliver such instruments, in form and substance
satisfactory to the Managing Members, as the Managing Members shall
deem necessary, and (b} such assignee, legatee, transferee or successor
shall pay all reasonable expenses in connection with his admission as a
substituted Member.
ARTICLE XI
Term
11.1 Dissolution.
(a} The Company shaft be dissolved only upon a vote of
Members whose Voting Interests exceed eighty percent (80%).
Notwithstanding anything to the contrary in the Act, the Company shall not
be dissolved upon the death, retirement, resignation, expulsion,
bankruptcy or dissolution of a Member.
(b} As soon as possible following the occurrence of an
affirmative vote of Members as required in subsection (a) above to
dissolve the Company, the Manager shall execute a statement of intent to
dissolve in such form as required by the Act.
ARTICLE XII
Dissolution and Termination
12.1 Final Accountina. In case of the dissolution of the
Company, a proper accounting shall be made as provided In Section 9.4
from the date of the last previous accounting to the date of dissolution.
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12.2 Liquidation. Upon the dissolution of the Company, the
Manager, or if the Manager is unable to act, some person selected by the
Members whose Sharing Ratios are more than fifty percent (50%) of the
Sharing Ratios of the Members, shall act as liquidator to wind up the
Company. The liquidator shall have full power and authority to sell, assign
and encumber any or all of the Company assets of the Company and to
wind up and liquidate the affairs of the Company in an orderly and
businesslike manner. All proceeds from liquidation shall be distributed in
the following order of priority; (i) to the payment of debts and liabilities of
the Company and the expenses of liquidation; (ii) to the setting up of such
reserves as the liquidator may reasonably deem necessary for any
contingent liabilities of The Company; and (iii) to the Members in
accordance with Article IV. In the event that any Member's Capital Account
Balance is a negative amount after all allocations to such account in
accordance with this Agreement and distributions made hereunder, such
Member shall have no obligation to contribute any amount to the Company
as a result of such negative Capital Account.
12.3 Distribution in Kind. If the liquidator shall determine that a
Company asset should be distributed in kind, the liquidator shall obtain an
independent appraisal of the fair market value of the asset as of a date
reasonably close to the date of liquidation. Any unrealized appreciation or
depreciation with respect to such asset shall be allocated among the
Members (In accordance with the provisions of Article V assuming that the
asset was sold for the appraised value) and taken into consideration in
determining the balance in the Members' capital accounts as of the date of
liquidation. Distribution of any such asset in kind to a Member shall be
considered a distribution of an amount equal to the fair market value of the
asset for purposes of Section 122. The liquidator, in its sole discretion,
may distribute any percentage of any asset in kind to a Member even if
such percentage exceeds the percentage in which the Member shares in
distributions as long as the sum of the cash and fair market value of all the
assets distributed to each Member equals the amount of the distribution to
which each Member is entitled.
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12.4 Waiver of Riaht to Court Decree of Dissolution. The
Members agree that irreparable damage would be done to the Company if
any Member brought an action in court to dissolve the Company.
Accordingly, each of the Members accepts the provisions of this
Agreement as its sole entitlement on termination of their membership in
the Company. Each Member hereby waives and renounces its right to
seek a court decree of dissolution or to seek the appointment by a court of
a liquidator for the Company.
12.5 Articles of Dissolution. Upon the completion of the
distribution of Company assets as provided in this Article XII, the Company
shall be terminated and the person acting as liquidator shall file articles of
dissolution and shall take such other actions as may be necessary to
terminate the Company.
ARTICLE Xttl
Notices
13.1 Method of Notices. Alf notices required or permitted by this
Agreement shall be in writing and shall be hand delivered or sent by
registered or certified mail postage prepaid, and shall be effective when
received or,rf mailed, on the date set forth on the receipt of registered or
certified mail, postage prepaid, or overnight courier, and shall be effective
when received, or if mailed, on the fifth day after mailing, whichever is
earlier.
13.2 Computation of Time. In computing any period of time under
this Agreement, the day of the act, event or default from which the
designated period of time begins to run shall not be included. The last day
of the period so computed shall be included, unless it is a Saturday.
Sunday or legal holiday, in which event the period shall run until the end of
the next day which is not a Saturday, Sunday or legal holiday.
ARTICLE XIV
General Provisions
14.1 Entire Aareement. This Agreement embodies the entire
understanding and agreement among the parties concerning the Company
and supersedes any and all prior negotiations, understandings or
agreements in regard thereto.
,~~
14.2 Amendment. This Agreement may not be amended nor may
any rights hereunder be waived except by an instrument in writing signed
by the party sought to be charged with such amendment or waiver and
approved by Members with aggregate Voting Interests of more than
seventy-five percent (75%).
14.3 Applicable LawNenue. This Agreement shall be construed
in accordance with and governed by the laws of the State of Florida. The
courts located in Broward County, Florida, shall have exclusive jurisdiction
over any dispute arising hereunder.
14.4 Pronouns. References to a Member, including by use of a
pronoun, shall be deemed to include masculine, feminine, singular, plural,
individuals, partnerships or corporations where applicable.
14.5 Counterparts. This instrument may be executed in any
number of counterparts each of which shall be considered an original.
14.6 Additional Documents. The Members hereto covenant and
agree to execute such additional documents and to perform additional acts
as are or may become necessary or convenient to carry out the purposes
of this Agreement.
14.7 Written Consents. All consents or approvals required or
permitted under this Agreement shall be in writing.
14.8 Attorneys' Fees and Costs. In any action to enforce,
interpret or seek damages for violation of this Agreement, the prevailing
party shall recover all attorneys' fees, litigation or arbitration expenses, and
court costs.
14.9 Severability. If any provision of this Agreement or portion
thereof should be declared invalid for any reason, the invalid provision or
portion thereof shall be deemed omitted and the remaining terms shall
nevertheless be carried into effect.
14.10 Enforcement by Creditors. None of the provisions of this
Agreement shall be for the benefit of or enforceable by any creditor of any
Member or of the Company.
14.11 Waiver. The waiver of a breach of any term or condition of this
Agreement shall not be deemed to constitute the waiver of any other
breach of the same or any other term or condition hereof.
;4J
IN WITNESS WHEREOF, the Members have executed this
Agreement effective as of the date first above written.
[SIGNATURES ON FOLLOWING PAGES]
:..3.:41
MANAGING MEMBER:
NIGHTHAWK MANAGERS, LLC,
a Florida Limited Liability Company
CHARLES M. ROWARS
Member
Date:
CHARLES M. ROWARS, Trustee, d/b/a
Pelican Bays
Date:
~~~~ ° M
title of aspen a ~'`
Nighthawk Investment Properties, LLC
4990 SW 52"d Street
JusteLU I
Davie, Florida 33314-5533
Re: Order No.46335; Owner's Title Policy
Deaz Sir, Madam,
Stewart Title is pleased to provide you with your Owner's Title Insurance Policy. Please
examine it cazefully. Your original policy should be kept in a safe place with your other real
estate documents. Jhould you iind any discrepancy or have any questions, please feel free to call
our Title Department at (970) 925-3577, and refer to your Order Number referenced above.
When you are ready to sell or refinance, remember that it is your decision as to which title
company to use. You can save up to 50% on your next policy (if issued within five years of the
date of this policy) by using Stewart Title again.
We maintain a file on this property including your Title policy and we will be able to provide you
with prompt, efficient service should you have any other title insurance needs. Our staff is
committed to superior service and customer satisfaction.
Thank you for allowing us to be of service to you!
Jlncerely,
Stewart Title of Colorado -Aspen Division
Enc
620 East Hopldus Avenue, Aspen, CO 81611 -- Phone (970) 925-3577 -Fax (970) 925-1384
ki~e i`iambar: tioii5
Stewart Title of Colorado Inc. -Aspen Division
Owner's Cover Letter
Page I of 1
~'~.IL43
ALTA Owner's Policy (6-17-06)
POLICY OF T~TTLEQIN`S/U~R/AN~CErISSUED BY
V6V~~~i
title guarartty company
Any notice of claim and any other notce or statement in writing requved to be given the Company under this Policy must be given to the Company at
the address shown in Sation 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINF,D 1N SCHEDULE B AND THE
CONDITIONS, STEWART T17'I-E GUARANTY COMPANY, a Texas corporation, (the "Compen~~ insutss, as of Date of Policy and, to [he extent statedm
Covered Risks 9 and 10, niter Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incumd by the insured be reason
of:
t. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or rncumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in [he Titk eauaed by
(i) forgery, fraud, undue influence, duress, incor;retrncy, incapacity, or impersonation;
(Il) failure of any person or Entity [o have authorized a transfer or conveyance;
(ill) a document affectng Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to taeate a document by electrorric means authorized by law
(v) s document executed under a falsified, expired, or otherwise invalid power of attorney
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate faxes or assessments imposed on the Title by s governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse etrcumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachmrnt^ includes rncreachrtrprts Of existing improvemrnte located on the Land onto adjoining
land, and rncroachmrnts onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to end from the Cand.
5. The violation or enforcement of any law, ordmance, pemtit, or govemmrntel regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or rnjoyment of the Iand;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) rnvironmrnml protection
if a notice, descnbing any part of the Land, is recorded in the Public Records setting forth the violation or intention to rnforoe, but only to the extent of
tfie violation or rnforoemrnt refered to in that notlce.
6. An enforcement action based on the exercise of a govemntrntal police power not covered by Covered Risk 5 if a notice of the rnforoement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement refered to in that notice.
7. The exercise of the rights of eminrn[ domain if a notice of the exercise, describing any par of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has oceutred and is bin-dinig on_the rights of a purchaser for value without Knowledge.
Countersigned: `"ice` A ~ r~
~~•tiitlie•gyu YarartyY~i+Nmp~y -
- ~~ Senlor Ch~air~man~/o/f~'t a Beard
A OrIZCa Culmttxsigoature ~'', ~ 1~+^/6_
Chairmen m trre Boeml
Stewart Title of Colorado Inc. -Aspen Division
620 East Hopkins Avenue (.~/~~'~
Aspen, Colorado 81611
Agent ID: 06011A P1°aB°r't
Phone No.: (970) 925-3577
Psac r of Serial No.:: 0-9301-372575
Poary
Said NO. ALTA OWNER'S POLICY 6-17A6
Ifyou want mfommlioa atom coverage arrreed assisteoce m rewlve wmpts(na, please caB our WI @ee nmrber. t-B00.729-1902. Ityou rmke a claim under yo,apotiey, you mat
tlumth written notice is accordance widr Section 3 oftlre Conditions. Visit our Wom-Wide Web site at hnol/www stew ~
~:.av4~Z
COVERED RISKS (Continued)
9. Tide being vested other than ae shed in Schedule A m being defective
(a) ea a result of the avoidance in whole or in part, or from a court order
providing ao alternative remedy, of a rarsfer of aR m airy pan of the title m
or any interest in the Land notating prior to the tramaction vgting Title
as shown in Schedule A because that prior transfer constim[ed a fraudulent
or preferrntiel trensfm under kdeml bankngrtcy, s[ace insolvency, or
srmdar cRdrrors' nghb laws; or
(b) because the inawmrni of tmnafm vesting Title as shown in Schedule A
corbtitutes a prcferemial traasfm under federal banlotgrtcy, stale
insolveray, or similar crediors' rights taws by reason of the failure of its
recording in the Public Records
The following matters arc expressly excluded from the sovemge ofttr(s policy, aad the
Company will not pay tors or damage, costs, attorneys' Cees, m expenses that arise by
reason ofi
1. (a) Any kw, ordinance, permit, or goverrmtental regulation (including those
relating m buiWiag and zoning) restricting, regulating, prohibiting, or relating ro
(i) the occupancy, use, or enjoyment ofMe Land;
(ii) the character, dimeroions, or location of any improvemem erected on
the land;
(iiij [ice subdivision of land; or
(iv) rnvironmrntl proration; q,
m the effect of any viokCOn of these kws, ordinances, or govenmrntl regulations.
This Exclusion 1(a) does not modify or limit the coverage provided undo Covered
Krsk ~.
(b) any govenunentl police powm. This Exclusion i(b) does not modit~ or
(J ce be timely, or
(ii) ro impart notice of its existence m a purchaser for value or to a
judgmem or hrn creditor.
10. Any defect in or Ikn or encumbrance on the Title or other matm included in
Covered Rtka l through 9 that has been crested or attached or has been filed or
recorded m the Public Records subsequrnt ro Date of Polley and prior to the
recording of the deed m oMer mstrumrnt of trarrater m Me Publrc Kecerds met
vests Title as shown m Schedule A.
The Company will also pay the coats, ettomeys' fees, and ezperrses incurred in deknse
of any matter insured against by this Policy, but only ro the eztrnt provided in the
Condniortr.
COVERAGE
limit the wverge provided under Covered Risk 6.
2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5.
coverage provided under Covered Risk 7 m 8.
3. Defeat, liens, encumbtanoea, adverse claims, or other mutters
(a) created, suffered, assumed, or agreed to by the Insured Caiman[;
(b) not Known to the Company, roe recorded in the Public Records at lhce of
Policy, but Known ro the Insured Ckimant and not disclosed in writing ro
the Company by the Insurod Claimant prior ro the dace the Insured
Claimant became an Insured under this policy;
(c) resulting hr no Ior or damage m the hrsured Claimanp
(d) attaching or created subsequrn[ m Date of Policy (howevm, this does not
modit)• or limit the coverage povided under Covered Risk 9 and I0); m
(e) resulting in loss or damage that would not have been sustained if the
insurW Ckiman[ had paid value for dre 7rtk.
Any claim, by reason of the opertion of fedeml bankruptcy, state insolvency, or
similar creditors' rights laws, tlrat the transaction vesting the Title as shown in
Schedule A, is
(a) a traudWrnt conveyance m fiaudukm transfer, m
(b) a preferential transfm for my reason not staled in Covered Risk 9 of this
polky,
Any lien on the Title for real eatce bzes or assessments imposed by
govenmrrntl authority and created or attaching between Date of Policy and flu
date of recording of the deed m other instrument of trsnsfm in the Public Records
that vests Title rs shown in Schedule A
t:OrrDITIONS
1. DEFINTIION OF TERMS
The following terms when used in this polky mesh:
(a) "Amount o[ hlsurance": the amount atetW m Sctreduk A, as maybe
increased or decreaxd by rndoraement to this policy, increased by
Section 8(b), or decreased by Sectiom 10 and 11 of these Conditions.
(b) "Date of Polley": The date designated rs "Dale of Policy' in Schedule
A.
(C) "Entity': A corporetion, permerahip, lnuS limited liability amPrnY.
or odrer similar legal amity.
(d) "Insured": The Insured named in Schedule A.
(I) The tens "Insured" also includes
(A) successors to the Title of the Insured by operation of law
as distinguished from purchase, including heirs, devisees,
survivor, personal represrnttives, or next ofkin;
(B) successor to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an insured by it conversion ro another kid
of Entity;
(D) a grantee of an Insured under a deed delivered withom
payment of actual valuable considertion conveying the Title
(1) if the stock, shares, memberhips, m other equity
interest of the grsnta are whoilyowned by the named
Insured,
(2) if the gantee wholly owns the named Insured,
(3) if the grantee ie wholtyowrred by an affiliaced Rntiry
of the named Insured, provided the afRliated Entity and
the named Insured are both whollyowned by the same
person m Entity, or
(4) if the gmntce is a truscee err beneficiary of a trust
created by a written instnunrnt eaablished by the !Heated
named in Schedule A for estce planning purposes.
(ii) with regent ro (A), (B), (C), and (D) reserving, however, all
rights and defenses as ro any successor that the Company would
have had agaimc any predecessor Insured.
(e) "ksured Claimant": An Insured claiming loss or damage.
(t) "Knowledge" or "Known": Actual kwwledge, not constructive
knowledge or notice that may be imputed to rn Insured by reason of
the Public Records or any other records that impart censtrurfive notice
of matters affecting the Title.
(g) "land": The land described in Schedule A, end atfued improvement
that by law wtretnrrce real property. The term "larrd" does ram include
any property beyond the linty of the area desmibed m Schedule A, nor
arty right, title, interest, estce, or easement in abutting streets, roads,
avrnues, alleys, lanes, ways, or waterways, but this does not modify or
limit the eztrnt that a right of access to and from the ]and is insured
by this policy.
(h) "Idortgage": Mortgage, deed of tors[, trust deed, or other security
instrumrnS including one evidenced by electronic means auMoriud
by law.
(i) "Public Records": Records established undm stale statutes at Date of
Pglky for the purpose of imparting constructive notice of matters
rc(ating ro real properly ro purchaeus for value and without
Kdowledge. With respect ro Covered Risk 5(d), "Futile Records"
shell also include rnviromnrntal protection liens filed in the records of
the clerk of the United Sates District Court for the district where the
Tared ie located.
(j) '"11t1e": The estte or interest described in Schedule A
(k) "Unmarketable Title": Title atfec[W by an alleged or apparent matter
then would pewit a prospective purohaser or lessce of the Tttle or
louder on the Title ro be released from the obligation ro purchase,
lease, or lerrd if there t a contractual cormition requiring the delivery
of markeceble title.
~/..J ! ~J ~L IJ
'AI,TA OWNER'S POLICY (6/17/06)
Name and Address of Title Insurance Company:
Order Number: 46335--C3 lw
Date of Policy: October 18, 2007 at 2:29 PM
Amount of Insurance: $6,000,000.00
*Address Reference: 151 Nighthawk Dr.
Aspen, Colorado 81611
1. me of Insured:
NIGHTHAWK INVESTMENT PROPERTIES, LLC
2. The estate or interest in the land which is encumbered by the insural.mortgage is:
Fee Simple
3. Title ro the estate or interest in the land is vested in:
NIGHTHAWK INVESTMENTS PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY
4. The land referred to in this policy is described as follows:
Lot 1, RIDGE OF RED MOUNTAIN, REPEAT N0.2,
according ro the Plat thereof recorded Uctober 2, 1974 in Plat Book 4 at Page 496 as liecepnon No. l 1U4.5"i.
COUNTY OF PITKIN, STATE OF COLORADO
`FOR COMPANY REFERENCE PI
ALTA Owner's Polity -Schedule A
Page 1 of l
ONLY, NOT AN INSURMG PROVLSION
SCHEDULE A
Stewart'1'itle Guaranty Company
P.O. Box 2029
Housron, Texas 77252-2029
Simultaneous Policy No.
Policy Number: 0-9301-372575
Premium: $4,939.00
~.Uy~~•
ALTA OWNER'S POLICY (6/17/0
scl~nul,E s
PARTI
Exceptions From Coverage
Order Number: 46335--C3 lw
Policy Number: 0-9301-372575
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's fees or expenses) which arise by reason of:
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, encwnbrance, 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
6. Water rights, claims or title to water.
7. Any an all unpaid taxes and assessments and any unredeemed tax sales.
8. 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.
9. Right of way for ditches or canals constructed by the authority of the United States, as reserved
in United States Patent recorded October 8, 1921 in Book 55 at Page 258 as Reception No.
81457.
1 U. Restnctions and easements, which do not contain a forfeiture or reveller clause, but omitting
restrictions, if any, based on race, color, religion or national origin, as contained in instrument
recorded Decembcr 6, 1968 in Book 237 at Page 944 as Reception No. 133299 and Restated
Protective Covenants for The Ridge of Red Mountain Homeowners Association recorded
November 7, 1990 in Book 633 at Page 698 as Reception No. 327828 and First Amendment
thereto recorded August 7, 1997 as Reception No. 407088.
11. Terms, provisions, reservations, exceptions, conditions and assessments affecting subject
property under the Articles of Incorporation of the Ridge of Red Mountain Home Owners
Association (including amendments thereto) as evidenced by instrument recorded December 26,
1968 in Book 238 at Page 382 as Reception No. 133532 and Agreement recorded February 22,
1972 in Book 261 at Page 51 S as Reception No. 150101.
12. Terms, conditions, easements and restrictions as shown on Plat of Ridge of Red Mountain Replat
Number 2 recorded October 2, 1974 in Plat Book 4 at Page 496 as Reception No. 170437.
ALTA Owner's Palicy Schedule B-I
Page I of 2
~a,,~.
,~,,:~a
ALTA OWNER'S POLICY (6/17/06)
13. Terms, conditions, obligations and restrictions as set forth in Administrative Decision No. 86-
2005 of the Community Development Director recorded September 9, 2005 as Reception No.
514522 and rerecorded September 19, 2005 as Reception No. 514979.
I4. All matters shown on the Saval Ltd. 1041 Hazard Review Site Plan, which depicts subject
property, recorded September 22, 2005 as Reception No. 515122.
15. Terms, conditions, obligations and all matters contained in Administrative Determination of the
Community Development Director of Pitkin County, Colorado, Granting Approval to the Red
Mountain LLC Site Plan Review recorded March 14, 2007 as Reception No. 535420.
I6. All matters shown on the plat of Red Mountain LLC Site Plan recorded June 27, 2007 as
Reception No. 539385.
17. A Deed of Trust dated October 15, 2007, executed by Nighthawk Investment Properties, LLC, a
Florida limited liability company, to the Public Trustee of Firkin County, to secure an
indebtedness of $10,500,000.00, in favor of United Western Bank, recorded October 18, 2007 as
Reception No. 543256.
18. Disburser's Notice Recorded October 18, 2007 as Reception No. 543257.
19. UCC Financing Statement recorded October 18, 2007 as Reception No. 543260.
ALTA Owner's Policy Schedule B-I
Page 2 of 2
~..a~,.....,...a.~
_i a ',.~ ~._ l3 O
ENDORSEMENT
ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 0-9301-372575
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order Number: 46335 Charge: $150.00
The Policy is hereby amended by deleting Paragraph 1 through 4 of Schedule B.
Thu endorsement is made a part of the policy and u stibject to ail of the temu and provisions thereof and of any prior etidorsemenu
thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior
endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amoum
thereof.
Signori under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
S T E W A R T T I T L E
GUARANTY COMPANY
tM1O
pefav~ a[ w Pe~r~
,t
t! ~~~~
1LO~h1 r.~
't -#-~:<
w;y I ~08`ie^
T~i[l~~
~~~~o . ate
Cou tersigne .
~,~' ,~e~~xo
A ~ r ed Countersignature
Stewart Title of Colorado Inc. -Aspen Division
620 East Hopkins Avenue
Aspen, CO 51611
(970) 925-3577
Serial No. E-9851-61.15472
CLTA Form 110.1 (Rev. 9-10-93)
Dele[ion ofltem From Policy
,'49
CONDITION3 (Contluued)
2. I:lIN 11NUAlIVn UP 1n.1'IIRAIVCl
The coverage of Nis policy shall continue in force as of Date of Policy in Y~'11CI1eVEl fegnes[Pd by tits l,ompany, 111E 1SISaieQ 8I d1e lAmpanya
expense, shall give the Company all reasonable aid (i) in securing
favor of an inured. bra only so long as the hrsured retains an estate or evidence, obtaining witrteasea, Prosecuting or depending the action or
interest in the land, or holds an obligation seemed by a purchase money proceeding, or effecting settlement, and (ii) in any adler lawful am that
Mortgage given by a purrnasm firorn the Insured, or only so long as me In the opinion of the Company may be necessary or desirable [o
Insured shall have liability by reason of warranties in any transfer or es[ablisfi the Title or any ader matter as insured. If ttre Company ie
wnveyance of the Title. This policy shall rat condnue in force in favor of prejudiced by the failure of the Insured ro fiunieh the required
any puroheser firm tie Insured of ehher (i) an estate m interest in the Land, cooperation, the Company's obligation ro the Insured under the policy
or (ii) an obligation secured by a purchase money Mortgage given ro the shall terminate, including any liability or obligation ro defend,
Cleared. prosecute, or condnue any lingatioq with regard to Me matter or
1. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT mattrn regnving such cooperation.
ro) 111e Company may reasonably require the Insured Claimant ro submit
file Insured shell notify the Company prompdy in wndng (i) in rase of any ro examinnon under oath by any authodzed rcpresrnta[ive of the
litigation as se[ forth in Section 5(a) of these Condition, (i) in case Company and to produce for examination, inspection, and copying, at
Knowledge shall come ro an insured hereundtt of any claim of titre or such reasonable times and pLtces as may be desigmted by the
interest tfim is adverse ro the Title, as inured, and that might cause loss or authorized representative of the Company, all recoNe, in whatever
damage for which the Company may be liable by vvtue ofthis policy, or (iii) medium maintained, including books, ledgers, Checks, memoranda,
if the Tide, as insured, is rejected as Unmarketable Title. If ti1e Company is coresportdence, reports, e-mails, disks, tapes, and videos whether
prejudiced by the failure of Me Insured Claimant ro provide prompt notice, beating a dab before or after Dero of Policy, that reasonably pertain m
the Comprnys liability to the Insured Claimant under the policy shall be the loss or damage. Further, if requested by any authorized
reduced ro the extent of the prejudice. representative of the Company, the Loured Claimant shall gent its
4. PROOF OF LOSS permission, in writing, for any authorized representative of the
Company to examine, inspect, and copy aII of these records in the
li, the Even[ the Company is unable to determine the amount of Toss or custody or control of a thiN party that reasonbly pertain ro the loss m
damage, the Company may, at ita opnon, requh as a coMiuon otpayment damage. All inforntadon designated as confidrnnai by fie insured
that the Cleared Claimant furnish a eigred proof of loss. The proof of lose Cjahnant provided ro the Company pursuant to this Section shall nm
moat daseribe the defect, lien, rncumbrance, or other mutter inured against be disclosed ro otfiers unless, in the reasonable judgmrnt of the
by this policy that centimtes the basis of loss or damage and shall state, to Company, it is necessary in the administration of the claim. Pailure of
the extent posstme, the basis of calculating tt1e amount of the loss or me Insured Claimant ro submit for examination under oath, produce
damage. any reasonbly requested infomution, ar gam permission to secure
reasonably necessary information from third parties as required in tbis
5. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmemal regulation, shall
(a) Upon writtrn request by the Llaured, and subject ro the options terminate any Iwbiliry ot'the Company under this policy as ro that
contained in Section 7 of these Condition, the Company, at its own claim.
coat and wiNom unrrasorlable delay, shall provide for the defense of
rn Looted in litigation in which any third parry asserts a claim 7. OPTIONS TO PAY OR OTFIL+RWISE SETTLE CLAIMS;
covered by this policy adverse ro d1e Insured. This Obligation is TERM~IVATION OF WABILFfY
limited ro omy those stated causes of action alleging matters inured 1n case of a claim under this policy, the Company shall have the tollowing
againt by this polity. The Company shall Lave the tight ro select addttional option:
counsel of its choice (subject ro the tight of the Cleared ro object for (a) To Pay or Tender Payment of tie Amount of Insurance. To pay or
reaoanbie came) ro represent the Cleared as to fines stated causes of tender payment of the Ammon[ of inursnce under this policy rogemer
senora L shall not be table for and wr71 not pay the Ceea of soy odder with any coats, attorneys' tees, and expenses incurmd by the Insured
ceunel. The Company will not pay any fixs, cosD, or ezprnses Claimant that were authorized by the Company up ro tbe time of
incurred by d1e Cleared in the defense of those causes of action that payment or tender of payment and that the Company is obligated ro
allege masers not mauretl agamat by rats polrcy. pay. Upon the exerciu by the Cormpeny of Nis opnon, all liability
ro) The Company abet] have the right, in addition to the option conained end obligation of the Company to the Llsmed under this policy, other
in Section 7 of these Condition, at its own cos[, ro instimre and than ro make the payment required in this subsectioq shill laminate,
prosecum any action or proceeding or ro do any other act that in its including any liability or obligation to defend, prosecuce, or continue
opinion may be necessary or desirable ro establish the Title, as any litigation.
inured, or ro pevrnt or reduce Toss or damage ro the Cleared. The (b) To Pay or Otherwise Settle With Parties Other Than the Inured or
Company may take any appropriate action under the tense of [file With the Insuued Clavnanl.
policy, whether or nm it shall be liable to the insured. The exercise of (i) To pay or otherwise settle with ottltt parties for or in the name
these rights shall not be an admission oP liability or waiver oP any at' an Insured Clennam any chdm insured against under this
provision of this policy. V the Company exeroises its dgfits under this policy. 1o addition, tt1e Company will pay any costs, attorneys'
subsection, it must do so diligently, fees, and expenses incurred by the Llsured CLriment that were
(c) Whenever the Company brings an action or asserts a defense as autllorized b the Com
y parry up ro the time of payment and that
required or permitted by this policy, t11e Company may pursue d1e Ne Company is obligated fo pay; or
litigation ro a Cutal determintion by a court of competent jurisdiction, (ii) To pay m odherwise settle witll the Insured Cleimamt the loss or
and it expressly reserves the tight, in its sole discretion, ro appeal any damage provided for under this 1' ro
po tpy, gather with any Costa,
adverse judgment or order. ettotneys' fees, etld expenses incured by the insured Claimant
6
D that were authorized by the Company up m the time of payment
.
UTY OF INSURED CLAIMANT TO COOPERATE and that tie Company is obligated ro pay.
(a) Lr all cases where this policy permits or requires tbe Company m Uppn the exercise by the Company of etitfier of the option provided
prosecute or provide for the defense of any action or proceeding and for in subsection (b)(i) or (ii), the Companys obligation ro the
any appeals, the Insured shell secure ro the Company the rigfit ro so Cleared under this policy for d1E claimed loss or damage, other than
prosecute or provide defense in the action or proceeding, including the the payments required ro be made, shall terminate, including any
right ro use, at ib option, the name of the Luurai for this purpose. liability or obligation to defend, prosuute, or wnnnue any Ihigation.
., >;~5~
-.
Page 3
CONDITIONS (Continued)
a. DEl'ERMINAI'lUN ANU I:X7'ENI" UN LlAl1IL1"1'Y
This policy is a contract of indemnity against actual monetary loss or
damage sustained or insured by the Insured Claimant who has suffered loss
or damage by reason of matters insured against by this polky.
(a) The extort of liability of the Company fm lose or damage under this
polcy shall not exceW the lesser of
() the Amomt of Inauremce; or
(ii) the difference between the value of the Title ee insured and the
value of the Tine subject ro the risk insured sgantst by this
policy.
(b) If the Company pursue its rights under Sectim 5 of thane Conditions
end is unsuccessful in establishing the Title, n insured,
() the Amount of Inaurence shaE be increased by ]0°/a and
(ii) the Insured Claimant shall have the right ro have the lase or
damage determined either as of the date the Claim was made by
the Insured Claimant or as of the date it is settled and paid
(c) Tn addition ro the extort of liability under (a) and (b), the Compmy
will also pay those costs, attorneys' foes, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect,
lira, or encumbrmce, or cures the krAr of a right of acceae ro or from
the Land, or cures the claim of Unmarketable Title, all ae inured, in a
reamnably diEgem manner by any method, including litigation and the
completion of my appeals, it shall have fully performed its obligafions
with respem to that warier and shall not be liable for any lose or
damage caused ro the Insured.
(b) In the event ref mY litigation, including litigation by the Comparry m
wiN the Company's consent, the Company steal] have no liability for
loss or damage until there bas been a final determinmion by a mart of
competent jurisdiction, and disposition of all appeals, adverse to the
Title, ae insured.
(c) The Company shall not be liable for loss or damage to the Insured for
liability voluntarily assumed by the Inured in settling any claim or
suit without the prior written consent ofthe Compsny.
10. REDUCTION OF INSURANCE; REDUC7TON OR TERMINATION
OF LIABII,ITY
All payments under this policy, except payments [Dade for meta, attomeys'
fees, and expanses, shall reduce the Amount of Insurance 6y the amount of
me payment.
11. LLABILIIY NONCUMULATIVE
The Amormt of Insurance shall be reduced by any amount the Company
pays under any policy inuring a Mortgage ro which exception is taken in
Schedule B or ro which the Inured has agreed, assumed, or taken subjax, or
which is exmuted by m Insured after Date of Policy and which is a charge
or Tien on me fine, and dm amomr so paid shalt be deemed a peymm[ ro
the Insured under this policy.
12. PAYMENT OF LOSS
Whin liabdtry and the extent of loss or damage have been definneiy fixed m
acoordance with these Conditions, the payment shall be made within 30
days.
13. it11iHLS Ub'1tEC'UVERY UYUN PAYMLrN'1'UR SE'1'1'LLtMEN'I'
(a) Whinevm the Company atoll have settled end paid a claim under this
policy, it shall be subrogaaed and entitled ro the righh of the Inured
Ciaimmt in the Title and all other rights and remedies in respect ro the
claim that the Enured Ciaimmt hen again[ any person m property, to
roe eztint of the amount of my loan, mate, attorneys' fees, and
expenses paid by the Company. If requested by the Company, the
Insured Claimant shall execute docmnints ro evidence the transfer ro
the Company of these righm and remedies. The Insured Clainrmt
shall permit the Compmy ro one, compromiu, or settle m the name of
the Inured Ciaimmt and to ace the name of the tenured Claimant in
any trmsactlon or litigatim involving these righU and remedies. If a
payment on accomt of a claim does not Cully rover the loss of the
insured Claimant, Ne Compmy snail defer dre exercise of its right ro
recover mtil after tbe Insured Claimant shall have rmovered its loss.
(b) The Company`s right of subrogation includes 0re rights of the Insured
ro indemnities, guaranties, other policies of insurance, or bonds,
notwit0eranding my tenns or conditions comained in those
instruments that address submgaton rights.
14. ARBITRATION
Either the Company or the Insured may demmd that the claim or
controversy shall be submitted ro arbitration pursuant to the Title Insurance
Arbitmdon Ruks of the American Land Title Association ("Rulea'~. Except
u provided in the Rules, there shall be no joinder or consolidation wiN
claims or controversies of other person. Arbitrable miners may include,
but are not limited ro, my controversy or claim between the Company and
the Insured arising out of or relating m this policy, any service in comrection
with its issuance or the breach of a policy provision, or ro any other
controversy or claim arising out ofthe tmnsaotion giving rise ro this policy.
All arbitrable matters when the Amount of Insurance is 52,000,000 or less
shall be arbitrated at the option of either the Company or the Insured All
arbitrable matter when the Amomt o}'insurance is m excpa of 82,WU,11W
shall be mbitrakd only when agreed ro by both the Company and the
Insured, Arbitration pursumt ro this policy and under the Rules shall be
binding upon the parties. lodgment upon the awani rendwed by the
Arbitrator(s) may be entered in any mart of competent jurisdiction.
15. LLIBILITY LIMITED TO TIIIS POLICY; POLICY ENTIRE
CONTItAGT
(a) This policy together with all indorsements, it any, attached to it by the
Compmy ie the inure policy and contract between the Insured and the
Company, U interpreting my provision of this policy, this policy shall
be contmed n a whole.
(b) Any claim of loss or damage that arises ore of the status of the Title or
bymy action asserting such claim shall be restricted ro this policy.
(c) Any amendmin[ of or indorsement ro this policy must be in writing
and authenticated by m authorized person, or expressly incorporated
by Schedule A of this policy.
(d) Each indorsement to this policy issued et my time ie made a per[ of
this polity and is subject ro ail of its terra and provhion. Except w
the indorsement expressly smtes, it does not (i) modify any of the
terms and provisions of the polity, (ii) modify my prior endorsement,
(iii? ex[ind the Date of Policy, or (iv) increase the Amoum of
insurance.
16. SEYERABII,TTY
In the event my provision of this policy, in whole or in part, is held invalid
or menPorceable under applicable ]aw, the policy shell be deemed not ro
include that provision or such part held to be invalid, but all other provision
shell remain in Tull force and effect.
17. CHOICE OF LAW; FORAM
(a) Choice of Law: The Insured aclmowledges the Company ten
underwritten the risks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforeement of policies of title insurance of the jurisdiction whets
the Lmd is loceted.
Therefore, the mart m m arbitrator shall apply the law of the
jurisdiction where the Lmd is loceted ro de[emune the validity of
claims against the Title that are adverse ro the Insured and ro intapre[
and enforce the terms of this policy. ro neither rase shall the mart or
arbitraror apply its confiicts of law principles ro determine the
applicable law.
(c) Choice of Fonun: Aby litigation or other proceeding brought by the
tenured egahrst the Comparry must be filed only in a state or federal
tour within the United States of America m its tertitories having
appropriacejuriadiction.
Ig. NOTTCES, WHERE SENT
AnY mtica ofclenn erM my odwr notice or sn[emem in wridmg required m be given
b the Cou9anY under ttda policy mar be given n the Company at Chinn
lkpamneat at P.O. Hox 2029, Houston, TX 77252-2029.
Page 4
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PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 8161 I
(970) 920-5526 FAX# (970) 920-5439
July 9, 2009
Dylan Johns
PO Box 2493
Aspen, CO 81612
dylanmj@hotmail.com
Re: Nighthawk Investment Properties LLC Minor Amendment to a Development Permit
(CASE P066-09; PID 2735-014-OS-009)
Dear Mr. Johns:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Suzanne Wolff the planner assigned to your case, at 920-5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN O~JNTY COMMUNITY DEVELC~iIIENT
Permit Receipt
RECEIPT NUMBER 00027913
Name: Zone 4 Enterprises, Inc Date:?/6/2009
Project Address: 151 NIGHTHAWK DR
Type: cash # 1043
Permit Number Fee Description Amount
0066.2009.PLAN PP- Flat Fee 748.00
0066.2009.PLAN PP- Clerk Tech Fee 25.00
Total: 773.00
$ 9r Peg
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App',`ceni acknowledges !hat It has bean Informed by P!tkln County of the exletence cf
Env'ornmental -la zard Areas that might affect :he property, eny Improvemmta, anq :he
use of and occupancey tl-esreoC 'ha provlaons of the Plikln County Land use Cede do nqt in
enu way aeeume a Impiy that ttn areas outelde of aea!gnatad !04I Hazard Areas wil bs free
her hazards, or the: the apprcvad mit'gatlon measurse wii gcarantee the ea faiy of any
p^YeOri Pr prODerty.
FlgF :hawk 'mve>tmsr: Prooart!ea, LLC a Fior!da L!mlted Ca'o`.''~ity Company
~'•kI ~y Comm~~ D ~ pm i D'•^ct Ap ti
rs Site Pian for a Minor Amendment to a Development FermR
ha> been rev~awed and approved by ;r+e Gomnrsu Deve:opmart D!rectgr
OF P.tkn Ccun ty ,.nle ~_dey of ' - ~ =.~ $90° subJe_^t
o Adm ~ISUetlve Geclelw~ No. 55-200?~racorded ae Reception Nc. 56' iE0
find amend ing the >'te plan preVOJa~y reCOrded In P'~.dt BOd( 84 at Paqe 44
or d?s purooses of the edd`ton of a Landscape Envelope find
Cant;'~.aver cnveioPa.
3Y. ," / Jndy ~;oaben `i'r;
/~!. /~~ !~r/~-1 ..-ommun'ty Development D;recugr
Cner'~.e'eN~ <ouare, Manager
Nlglrhawk nvs>imett Properties, LLC -
'na: property mea Fomerly owned by Savai L'D at iha Ume of PRk!n Co',r!ty's approval of Adm!n'~>uaUVe Dac's!or'~ tic. 56-2005
And cwred by Red Mountain ! LG, uder Mer!tage Dew_bpmera Csrpup L'w, fo! Sita Pian Review approve) , purecert to
Adx h;etra s?ve Decla'on No. i~-2001
ti
. Jy'_ ®.
r' ~k a d Re ~d A ^ap~a s F -~^ mod' g
TI-ia Blts Plar, hae ceen accepted Fc. FIBng M t:U
Off;cs of the Clark and Recorder of PRkln County. Co4ora do
on this ,~"~'s.day cf ~-. ''-A.E--."t009, Ir.
F':at 9odc~f a! Pea ~Laa 'vicept:on No. ~?/-r ~ ~ ~~~
tK!!' COJrity ~t
erk find 4000^ds /wKf ~. %. -rQ/J...J
F E C 15 15.).3'3
1 5 C 53 LLJ nice Y.
c n cc
P 4i SM ~PO6 .d
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Daro~ Seplembs'5.>]fN
kev r ;
$h PRt
SP-1
PA a~
Water Feature
(1+i"wakrall aid tai m9 Il mnam~a'atl lM c J! Brattlry
µyl SyacT. $ea sbenl"ce(loris a(: Rsmvenosetlamm(
(b he vzes by Civrl Enyineer.j
Gravel Area ~'~°Reta}n}t1g 13!ai} EtYUktlefzfli
r.a^saraoe EVetaPe
° ~~a rase ham v 5~a 'Qdg x
q -. !a'tezl tlg19 (weatlb al
~ A° odds 4 s.F a:a I
:~ A`dJ*Refaining Hfaii
(r 4m IyvrX m(sbuc¢a (r P tt
gml!y~Ell sksEr.
s spaaNa'n9n¢ f ,e maaarmmma.
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proposed Road Edge ; ~ ' ~ ~ ~ ~'~, \
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I % (15-Y Senrlebne setml4° a ling hea.
I 3'9e~'m he plaMetl w/Thyma,l
j Pftkln Gaurdy`s Defensible Space Speeiflcatlona
me agomm s+wl mmyy wlm me gllOwmg lanasaapny arewaanre amenrol¢ maw mlagaaoh mnaaras:
j A.Vq sties lWberetlUe Nro baakuy tie v&Ilcel antl M1OnNrhaF rurNnUb of tie fUeha
IMmU. f 46Ma[.pvl Hell ahacW AsG tr
j 6. Sptl gbetW me dhmp Ib b tlveaNaMn la tl14trr¢aiO0lppI~ iIN Shall bBa mNlmum
M~ Nei. Nf rrreti0rea 9rahall he Rbm Wd¢ed]m of Me cruwMdme Nelllm@a Ne M1elg!d
C.Atl hrvicb G~hem 4eec end Ert lhin meaW99 pmmMer shell bs pruned bzhegM el la Net
aq. mMfonR arelmMer emUnltliM1e hoYS& utb tlrefl4loo[hal e4 IBUm¢Pra
~ p~mmaee Ibman Ena mavhE ma are GUer manalmtahvraa rrea GZUmea mE~gMamE w¢re.
6~lib kas ~emll he~~vede the raoleaurs shall he plmmtl aria aA MancbB9 wlfNn t5bel of me
~- F. Allfhlnnad arowbmY, servicebarty.ara!b1~-harry slom~musl be palntetl valh Gergn®(er epU¢I)
herpMtla ¢, pr ma aggreasrve re-sp[ouM9~
G.N tl a~Nl atl atl hrancheslslartg b m9 popertV h99Marles Mall be rertvvea
X.VdIM1I ae M13 t Ne aac5lra keep EA /gapWn keg4etl tluY,ng ma summa mmmS ¢r auay
ery pEdbasai aroUgMs
~( I. ~bw~~ml~tre~~lml~p~~ewahm]PbelNme M1buae.OMy dedeeous vegefallon is a0owad,
j .I. WNV 3WVelWN sV CW 9fatlon sMNabe fessm 121rchss Gil eaelNi Amen hccs
rlhNalledF bs mal as des by M9albe1
K.la gelaf p IF 6 rb ham~tl alfa9b 'rife etl wilrm 2LLfeat pmlmel ountl
aA N nL°ss Mi¢ deh aatfered smailq r tithe. arW aNttlrylafed GI
Inl S{puhs wNhlnflX0.feat Par'lne'ssl's1109111sa1¢d sa brettlwy do nOtlwmEPoMMUOUs
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General-Notes and Speci#ications
t. LOCATEALL 11i1L4T1E9. Lbnl2aw shall held verify exlsfln 99lsdes, ~ftlitl's arN COMllicns tlnotlly pre ow9aof eny5alscreparcles aefore YaNw
M mekl9 odlllCatle:s asM cretl by the tEntlSwpPce~l~p~ Xr~flkts arisen fhefi IA a~pGCI fMa Lanatlssape AICN:ECi
prr feNN accoNl gto ih o PO Nd 'n9s detaAS as
b z;olulbn CntraeMishalliak. soleresoc:ISibtlryPoreny cars marred tlue to tlamsge vrexkY WliOes.
2. Vmele~sb~d alc-otmrtm arts avoid c.mgt c5fpn rw~tilnilte dd~uaierP~~Fwtl9Wtt eg nsovar tr~err-es @r Evlst~PProPrl%°
tlamage by rnNragorshatl be wPlaaa azcont2ein a expense. Ir5 roP rtg PIeN maGrial
3 Contractor M1ell IpSlsll feamng sting Ms lim t Ngradirlg to prevent tlamag tore In9 exl5 rig vegetetlon.
4. Ccn^wcte shall anchcr Slt Femx at tl•e toe of all tllsturM.A Slopesb prevaN erpspnm2X:sbrg slopes. the `ence sM1aN mmaln
grip! saN skp s are suf6c'aNly levegalaed
d. Iln s 9r~adm hevx paean PI><ovad bYYrie laMSCgpoeaAidlNevi, tirt;l¢tl atM scYmr~wMfnahce 9raa al~q pss imm A:1 to 2:1 attsr
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Sheet
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LARGE PLAT(S)
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