HomeMy WebLinkAboutBOCC.packet. 05142014 JL HoldingsMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — May 14, 2014
THRU: Cindy Hou4etinng, Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: JL Holdings Clay Lane LP Amendment to BOCC Resolution No. 98 -109 Re: Dog
Restriction
REQUEST: The Applicant is requesting to amend the prior approval to allow dogs on the parcel,
subject to a kenneling restriction.
APPLICANT: JL Holdings Clay Lane LP (Skip Gozzo)
REPRESENTATIVE: Tom Newland
LOCATION: 170 Clay Lane; Owl Creek valley
ZONINGILOT SIZE: AR -10; 5 acres
BACKGROUND: The property is an out- parcel that is surrounded by the East Owl Creek Subdivision.
The BOCC granted 1041 hazard review and conceptual submission approval, pursuant to Resolution No.
98 -109, The 1041 Site Plan was recorded in Plat Book 48 at Page 88. The Resolution and 1041 Site Plan
are included in the application.
REFERRALS: Comments from Colorado Parks and Wildlife are attached for reference. The application
was referred to the Owl Creek Caucus, but comments were not provided.
STAFF COMMENTS:
S' MINOR AMENDMENT TD DEYEwpmENT PERMIT SECTION 2 -20 -150.6
Condition # 12 of BOCC Resolution No. 98 -109 states, "Dogs shall be prohibited, due to the proximity of
wildlife habitat."
Sec. 3- 80.80(E)(2) of the Land Use Code in effect at the time required prohibition of dogs within '/4 mile
and kenneling of dogs within '/z mile of elk production areas. The wildlife maps showed that the parcel
was located outside of, though close to, elk critical habitat and productions areas. Randy Cote, then
District Wildlife Manager for the Colorado Division of Wildlife, noted that animal use occurs to the
south of the East Owl Creek Subdivision and supported the siting of the envelope in the location of an
existing cabin to cause the least impact to wildlife. Mr. Cote recommended kenneling of dogs. Mike
Villa, then County Wildlife Biologist, concurred with Mr. Cote's recommendations. The Planning
Commission and BOCC recommended and adopted a dog prohibition.
The current Colorado Parks and Wildlife ( "CPW ") mapping shows the property within elk production, as
discussed in Jonathan Lowsky"s report and shown on Figure I to the report. Mr. Lowsky notes that the
production area has been reduced due to the development on this parcel and the surrounding lots. In
addition, he notes that dogs are allowed on the Fast Owl Creek lots, subject to the requirement that they
be kenneled or leashed (BOCC Resolution No. 88 -131). In his Figure 3, Mr. Lowsky identifies the
adjacent lots that are home to dogs.
The Applicant agrees to comply with the following restrictions, as recommended by Mr. Lowsky, to
replace the dog prohibition:
• A kennel will be constructed on the northwest side of the residence away from the elk production
habitat on the south side of the property.
• Dogs will be leashed and under human control when outside the kennel or residence.
• Guests will be required to comply with these restrictions.
• All contractors, caretakers or other service providers are prohibited from bringing their dogs on -site.
Kevin Wright with Colorado Parks and Wildlife states that he mostly agrees with Mr. Lowsky's
conclusions, but "the applicant overstated my support." Mr. Wright supports dog restrictions and
prohibitions, especially in close proximity to elk production areas. He is concerned that restrictions are
not enforced, but is adamant about dogs being controlled.
Sec. 7- 20- 70(e)(4) of the current Land Use Code ( "Code ") states, "If development is approved within or
adjacent to wildlife production areas, dogs shall be kenneled within fifty (50) feet of the residential
buildings or leashed under human supervision when outside a required kennel." Staff supports the
request, as it is consistent with the current Code standard.
Pursuant to Section 2- 20- 150(b) of the Land Use Code, a minor amendment to any development application
or permit is one that meets the following criteria:
1. is consistent with actions) taken during previous development approvals for the property; and
2. Does not change the use of the proposed development between residential, commercial, and tourist
accommodation uses; and
3. Does not change the basic character of the approved use of land on which the activity occurs, included
basic visual appearance and method of operation, and
4. Does not constitute a new land development activity; and
5. Does not increase off-site impacts in the surrounding neighborhood; and
6 Does not endanger the public health, safety or welfare, and
7. Does not violate any Land Use Code standard; and
Response: The proposed amendment does not change the use or visual appearance of the property; does not
constitute a new land development activity; does not endanger the public health, safety or welfare or violate
any standard of the Land Use Code; will not increase the need for parking, utilities or affordable housing;
and will not increase the floor area or decrease the open space.
The proposed amendment is consistent with the original development approval in that it continues to ensure
that wildlife habitat is preserved and impacts on wildlife are mitigated. While a kenneling restriction differs
from the original approval, staff would note that the Land Use Code has changed since the original approval
was granted and now does not require a dog prohibition on this property. The Applicant will be required to
adhere to the kenneling restriction and other measures to reduce impacts on wildlife.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE JL HOLDINGS CLAY LANE LP AMENDMENT TO BOARD
OF COUNTY COMMISSIONERS RESOLUTION NO. 98-109 REGARDING DOG
RESTRICTION
Resolution No. -2014
RECITALS
1. JL Holdings Clay Lane LP ( "Applicant ") has submitted an application to the Board of County
Commissioners of Pitkin County, Colorado ( "BOCC ") to amend the original approval to allow dogs on
the lot, subject to a kenneling restriction.
2. The property is located at 170 Clay Lane, and is more specifically described in Exhibit A.
3. The lot is zoned AR -10 and contains 5 acres.
4. The BOCC granted 1041 hazard review and conceptual submission approval, pursuant to Resolution
No. 98 -109. The 1041 Site Plan was recorded in Plat Book 48 at Page 88. Condition # 12 of BOCC
Resolution No. 98 -109 states, "Dogs shall be prohibited, due to the proximity of wildlife habitat."
5. The current Colorado Parks and Wildlife ( "CPW ") mapping shows the property within elk
production, but field verification limits elk production to the area to the south of the parcel.
6. The BOCC considered this application at a regular meeting on May 14, 2014, at which time evidence
and testimony was presented with respect to the application.
The BOCC finds that the Land Use Code ( "Code ") has changed since the original approvals were
granted, and dogs would not be prohibited under the current Code, based on the mapped and field
verified wildlife habitat on the property. Sec. 7- 20- 70(e)(4) of the Code states, "If development is
approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50)
feet of the residential buildings or leashed under human supervision when outside a required
kennel."
8. The BOCC further finds that a kennel restriction, if strictly adhered to, would ensure that wildlife
habitat is preserved and impacts on wildlife are mitigated, and would not significantly increase the
effects of residential development on the proposed site.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the JL
Holdings Clay Lane LP Minor Amendment, subject to the following conditions, which shall run with the
land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
5
Resolution No. -2014
Page 2
2. All conditions of BOCC Resolution No. 98 -109 shall remain in full force and effect, except as
amended herein.
3. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled within fifty (50) feet of the residence or leashed under human
supervision when outside a required kennel.
B. The kennel shall be constructed on the northwest side of the residence within 90 days of the
date of this approval.
C. The kennel or fenced enclosure shall be constructed with a physical barrier that shall be reviewed
and determined to be dog -proof by Colorado Parks and Wildlife. Invisible fence type barriers are
not sufficient.
D. Visitors including all contractors, caretakers or service providers are prohibited from bringing
dogs on site.
E. Fencing is prohibited outside of the Building and Development Envelopes. Fencing within the
envelopes, other than fencing for the kennel, shall comply with the following:
1) Mesh or woven wire fences are prohibited.
2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
3) Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five
(12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
F. Native vegetation shall be maintained outside of the Building and Development Envelopes.
G. Trash /garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance,
H. All outside doors shall utilize only solid round handled door knobs, unless another type is
required by the applicable Building Code for disabled accessibility purposes.
4. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
1�
Resolution No. -2014
Page 3
APPROVED AND ADOPTED on the 14`h day of May, 2014.
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT:
A 0�'VllkkQ�
C{�
Cindy Houben
Community Development Director
Case #P035 -14; PID 273504400002
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
Robert A. Ittner, Jr., Chair
APPROVED AS TO FORM:
John Ely
County Attorney
Suzanne Wolff
From: Wright - DNR, Kevin
Sent: Sunday, April 27, 2014 4:01 PM
To: Suzanne Wolff
Subject: JL Holdings Clap LP
I totally forgot to get you a letter on this. For the most part I agree with Colorado Wildlife Science conclusions.
However, I believe that the applicant overstated my support. Basically what I have said and discussed with
Lowsky is that the dog restrictions and prohibitions are largely unenforced. That does not mean I do not support
them. I do, especially when elk production areas are in close proximity. There are other dogs in the
neighborhood and I do not know whether or not there are restrictions on those lots. Dogs can have tremendous
impact is left uncontrolled. It is imperative that any dogs in close proximity of important wildlife habitats be
controlled. Elk utilize the adjacent meadow and aspen heavily as I have witnesses in the spring and fall.
Lr
LiBox 9815
7original Road, Unit 8
Basait,CO 81621
Phone: (470) 927 4645
Fax (970) 927 0196
tornnQsoprisnet
April 3, 2014
Suzanne Wolff
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
Dear Suzanne:
Please accept this letter as JL Holdings Clay Lane LP's (hereinafter the applicant) request
to obtain approval for a Minor Amendment to a Development Permit for their property
located at 170 Clay Lane in the Owl Creek valley. As required in the Pre - Application
Conference Summary (ATTACHMENT 1), this summary letter provides an explanation of
the request, a discussion of the changed circumstances that support the request, a
summary of the prior approvals and development, and an explanation of how the request
complies with the sections of the Pitkin County Land Use Code (hereinafter the Code)
relevant to the request. Specifically, the Sections of the Code addressed are Section 2-
20 -150 (b) Minor Amendment to Development_ Permit, and Section 7- 20 -70, Wildlife
Habitat Areas.
The property is 5.00 -acres in size and is located in the Owl Creek Valley. The property is
an out - parcel surrounded by the East Owl Creek Subdivision, and access to the property is
gained via the subdivision roads.
Land Use Planning • Peimit Expedition • Project Management • Owner's Representative • Inforimboti PAainagement
000001 J y3
The property consists of an open area on the north side of the parcel where the house is
located, and a mature, quaking aspen forest with a dense understory of shrubs on the
south side of the parcel. The property has been developed with a main residence,
driveway and landscaping. The lots surrounding the parcel have been developed with
residences.
The applicant is requesting the removal of Condition #12A of BOCC Resolution No. 98 -109
regarding the prohibition of dogs on the property. The parcel received a "1041 Hazard
Review and Conceptual Submission" approval in 1998 under the above mentioned
Resolution and associated 1041 Plat (ATTACHMENT 2). Condition #12A states that "The
applicant shall comply with the following wildlife mitigation: Dogs shall be prohibited, due
to the proximity of wildlife habitat. "
There have been some significant changes to the circumstances regarding wildlife both on
and around the parcel since the approval of the 1998 Resolution by the Board of
Commissioners. ATTACHMENT 3 of this submission is an assessment from Jonathan
Lowsky of Colorado Wildlife Science, LLC., detailing these changes. To summarize, the
assessment by Mr. Lowsky concludes the following:
The property and the surrounding properties do contain suitable elk production
habitat, however now that the lots have been fully developed, the residential
activity introduced into the area by this development has substantially reduced the
effectiveness of suitable elk production habitat in proximity to the existing
residences;
Although there is a prohibition on dogs on the applicant's property, dogs are
allowed on the lots of the surrounding East Owl Creek Subdivision. In fact, dogs
are currently living on several of the adjacent lots. The lots shown in Figure 3 of
the Colorado Wildlife Science letter are all home to multiple dogs (> 2). The
approvals for the East Owl Creek Subdivision allow dogs provided they are kenneled
or leashed on the lots;
The fact that dogs have been living with restrictions on the surrounding parcels for
over 20 years has not seem to deter the elk from continuing to use the sensitive
habitat located outside the area influenced by human occupation for calving.
Due to these changed circumstances on both the applicant's property and the surrounding
properties, the applicant is requesting that the prohibition on dogs be removed and
replaced by restrictions for keeping of dogs on the property. As recommended by Mr.
Lowsky, the following restrictions would supplant the prohibition:
1. A kennel is constructed on the northwest side of the residence away from the elk
production habitat on the south side of the property;
2. Dogs are leashed and under human control when outside the kennel or home;
3. Guests are required to comply with these restrictions; and,
4. A dog prohibition would remain in effect for contractors, caretakers, or other
service providers visiting the property.
Mr. Lowsky met with Kevin Wright, Aspen District Wildlife Manager for the Colorado
Division of Parks and Wildlife concerning this property. Mr. Wright agreed with Jonathan's
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002 Page 2
000002
assessment and the recommendation to modify the dog prohibition on the applicant's
property. Mr. Wright cited the unenforceable nature of a dog prohibition as a key reason
why he supports kennel /leash restrictions over outright prohibitions. Prohibitions are
overlooked to a large extent and the dogs are kept unrestricted, having a significant effect
on wildlife habitat. Kennels are easy to verify in the field, they keep dogs near the house,
and as a result kenneling is more effective than prohibitions in protecting wildlife habitat.
To conclude, the applicant feels that the requested modification to condition 12A of the
original development permit for the property meets the criteria for a Minor Amendment to
a Development Permit as stated in Section 20-20-150(b) of the Code in the following
manner:
• It is consistent with the actions taken during previous development approval for
the property. In fact, our wildlife assessment and discussions with Kevin Wright
indicate that the requested modification will more effectively mitigate impacts to
critical wildlife habitat;
• Does not change the use of the development between residential, commercial or
tourist. The use on the property will remain residential;
• Does not change the character of the approved land use on which the activity
occurs, including basic visual appearance and method of operation. Adding a
kennel to the property adjacent to the northwest side of the house represents an
insignificant change to the physical appearance and method of operation on the
parcel;
• Does not constitute a new land development activity. Fencing, which a kennel
essentially is, is not considered as development under the Code;
• Does not increase off -site impacts to the surrounding neighborhood. The dog
restriction requested will mimic those currently in place on the surrounding East
Owl Creek Subdivision and will therefore will remain compatible with the
surrounding neighborhood;
• Does not endanger the public health, safety or welfare, as it seeks only to modify a
dog prohibition on the property;
• Does not violate any Land Use Code standard. Section 7- 20 -70(d) of the Code
describes buffer standards for wildlife habitat, including standards for maintaining
distances for development and uses from these areas. This section allows
modification from the buffer standards due to unusual factors or unique features of
the property provided that the County or the Colorado Department of Parks and
Wildlife agree. According to Mr. Lowsky's discussions with Kevin Wright of the
Colorado Department of Parks and Wildlife, Kevin is in support of the modification
to this wildlife standard given the changed circumstances in the field.
• Does not substantially increase the need for on -site parking or utilities, or affect
employee housing generation. The kennel and leash restrictions proposed will not
require additional parking, utilities or employees.
• Does not increase the floor area of the use by more than five (5) percent or
decrease the open space on the site by more than five (5) percent. The kennel,
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
000003
Page 3
which will be approximately 600- square feet in size and will not contain roofed
structures, and therefore will not add to the floor area on the parcel. The kennel
will be entirely contained within the approved development envelope and will take
up about 0.5% of the open space on the parcel.
Based on the information submitted in this letter, the applicant believes that the
requested Minor Amendment to a Development Permit is in compliance with all applicable
standards and policies of the Land Use Code and is consistent with all prior development
approvals for the property.
Thank you for considering this request. If you have any questions or requests for
additional information, please contact me at 927 -4645 or tam @npri.co.
Sincerely,
Tom Newland,
Newland Project Resources, Inc.
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
000004
Page 4
ATTACHMENTS
ATTACHMENT 1: Pre - application Conference Summary
ATTACHMENT 2: Previous Land Use Approvals
ATTACHMENT 3: Wildlife and Ecological Assessment Regarding Domestic
Dog Restrictions, Jonathan Lowsky, Colorado Wildlife
Science, LLC
ATTACHMENT 4: Address, Legal Description and Vicinity Map
ATTACHMENT 5: Pitkin CgWnty Community Development Agreement f r
Payment of Land Application Fees
ATTACHMENT 6: Owners Consent to Represent
ATTACHMENT 7: Disclosure and Proof of Ownership
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
000005
Page 5
ATTACHMENT 1
Pre - Application Conference Summary Sheet
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 411114
PHONE: (970) 920 -5093 E -MAIL: suzanne.wolff(c7pitkincounty.com
LOCATION: 0170 Clay Lane (East Owl Creek area)
PARCEL ID ft: 273504400002 ZONE: AR -10
OWNER/APPLICANT: JL Holdings Clay Lane LP
REPRESENTATIVE: Tom Newland EMAIL: tom @npri.co
Type of Application: Minor Amendment
Description of Project/Development: Applicant is requesting to eliminate condition #12A of BOCC
Resolution No. 98 -109 that prohibits dogs on the parcel.
Land Use Code Sections to Address:
• 2- 20- 150(b), Minor Amendment to Development Permit
• 7- 20 -70, Wildlife Habitat Areas
Review by: BOCC
Public Hearing? NO.
Staff will refer to: Colorado Parks & Wildlife, Owl Creek Caucus
FEES: $1,311 (make check payable to "Pitkin County Treasurer ")
■ $936 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
$312/hour)
■ $375 Clerk
To apply, submit 5 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request and any changed circumstances that support the
request, summarizing prior approvals and development, and addressing compliance with the
Code sections listed above.
2. Disclosure and proof of ownership of the property, consisting of a current certificate from a title
insurance company or attorney licensed to practice law in the State of Colorado, listing the names
of all owners of the property and all mortgagees, judgments, liens, easements, contracts and
agreements affecting use and development of the parcel and proof of the owner's right to use the
land for the purposes identified in the development application.
3. Street address (if any) and parcel description, including legal description, and 8 -112 "x 11" vicinity
map locating the subject property within Pitkin County;
4. Total fee for review of the application
5. Executed Pitkin County Community Development Agreement for Payment of Land Use
Application Fees (form attached);
6. Consent from owner(s) to process application and authorizing the representative (1 copy)
7. Copy of this preapp form (1 copy)
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
000006
Page 6
NOTES:
➢ PLEASE SUBMIT TWO UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE
APPLICATION. Other copies maybe two- sided.
➢ INCLUDE THE PARCEL 10 NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
➢ 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 staffs
interpretations based upon representations of the applicant. Additional information may be required
upon a complete review of the application.
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
00000-11 !
Page 7
AT—I,-'kC H N1 ENT2
Previous Land Use ApproMs
O'NOR A M&NOMENTTID A DEVOLOPMENTPFRM, IT RCOLIES',
PARCEL 4D #2735,1446*002
UUUU Y.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE GOZZO 1041 HAZARD REVIEW AND
CONCEPTUAL SUBMISSION
Resolution No. 98- /0
1. Skip Gozzo, hereafter "Applicant ", has applied to the Board of County Commissioners of Pitkin
County, Colorado, hereafter "Board ", to construct a new single family residence on the site of an existing
log cabin in the upper portion of the parcel.
2. The Applicant's lot is zoned AFR -10 and contains 5 acres.
3. Said parcel is located at 0170 Clay Lane, and is an "outparcel" within the East Owl Creek PUD,
which is more specifically described in Exhibit A.
The Planning Commission reviewed the application at a regularly scheduled meeting on March 17,
conducted a site visit on March 27, and recommended approval of this application at a regularly scheduled
meeting on April 7, 1998.
5. The Board reviewed the application at a duly noticed public hearing on June 24, 1998, at which
time evidence and testimony were presented with respect to this application.
6. The Board finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby approve the Gozzo
1041 Hazard Review and Conceptual Submission, subject to the following conditions.
1. The applicants shall submit an amended 24" by 36" 1041 site plan to the Community Development
Department for approval and recording, prior to submission of any building permit applications.
The site plan shall also be submitted in digital format for integration into the County's GIS system.
The site plan shall be modified as follows:
A. Designate the "building envelope" where all buildings will be constructed and the
"development envelope" where the only development permitted shall be the septic field,
11111111111111111111111111111111111111111111111 ,�mi
00000`?
R: Ir-1ei
well, landscaping, driveway and parking area. The applicant may extend the building
envelope 20 feet to the south to accommodate a one -story portion of the residence. The
applicant may also extend the portion of the development envelope on the east side of the
residence to the north into the 30 foot setback to accommodate the leach field.
B. Add signature blocks for the chair of the Board of County Commissioners and the owner of
the parcel, and add a recording certificate for the County Clerk.
C. Include the following disclaimer on the site plan: "1041 environmental hazard areas exist
that might affect the property, any improvements, and the use and occupancy thereof"
2. Prior to issuance of a demolition permit for the existing cabin, the cabin shall be tested for asbestos,
and any asbestos shall be disposed of in compliance with the regulations of the Environmental
Health Department.
3. Prior to issuance of an ISDS permit, the applicant shall provide documentation of adequate quality
and quantity of water from a well or the Owl Creek community water system to the Environmental
Health Department. The applicant intends to utilize the Clay Well, which is an improved spring
permitted by the Colorado State Engineer, for domestic purposes, Consistent with any limitations
and restrictions imposed on the use of the Clay Well by the Water Court or State Engineer's Office,
any overflow of water from the Clay Well, in excess of the applicant's domestic needs, shall be
used for fire protection and non - commercial livestock/wildlife purposes. The system's capacity
and its usage shall not exceed 3,000 gallons per day.
4. At the time of building permit submittal, the applicant shall provide for review and approval of the
County Engineer a construction trip generation study for any free market residential structure of
5,000 gross square feet or greater.
5. Prior to issuance of any building permits, the applicant shall:
A. Obtain approval of an ISDS permit from the Environmental Health Department.
B. File a fireplace /woodstove permit with the Environmental Health Department.
C. Submit a weed management plan addressing compliance with the County's weed control
standards for review and approval by the Land Management Department.
6. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a trip generation study
for any free market residential structure of 5,000 gross square feet or greater, which shall be
developed by a traffic engineering consultant hired by the applicant and pre - approved by the
County Engineer.
All areas disturbed by construction shall be revegetated with native grasses to limit water
consumption and additional runoff within one growing season of project completion.
S. No development activity, including grading, landscaping, vegetation removal or disturbance, and
septic system, shall occur outside of the development envelope with the exception of wildfire
mitigation required as part of this approval and utility extensions.
9. The applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
1111111111111111111111111111111111111111111111111111 IN
oboulo
A,. q? - wI
A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around all structures.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall not
exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height
of 10 feet above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet
between the edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of all structures shall be reduced.
14. All deadfall within the 100 foot perimeter shall be removed.
1. Low vegetation shall be maintained within a 10 foot perimeter around all structures. .
J. The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
10. The applicant shall comply with the following additional wildfire mitigation standards:
A. Roof construction shall be Class A, non - combustible material with no flat roofs.
B. Vents shall be screened with corrosive resistant wire mesh with mesh' /, inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
14. Swimming pools shall be accessible to Fire Department vehicles.
I. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to the structure.
K. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be installed underground with an approved container.
M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above-
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire- resistive construction on the exterior side of the walls.
N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible
and installed on a non - combustible post.
P. Utility lines shall be buried.
11. The applicant shall meet the codes and requirements of the Aspen Fire Protection District,
including but not limited to, installation of an approved fire sprinkler system, fire department access
and turnarounds.
I ��IIII NO 11111111111111111111 lull ll�ll ICI 111111111 II
3 of S R 0.
870. G /19ft 03:10 NESOLUTI DAMS SILVI
00 D 0.00 N SAM PITKIN COUNTY CO
R: q$ -loq
12. The applicant shah comply with the following wildlife mitigation:
A. Dogs shall be prohibited, due to the proximity of wildlife habitat.
B. All trash/garbage shall be contained in approved bear proof garbage containers.
C. Fencing shall not exceed 42 inches in height with a maximum of 4 strands of wire or 3
rails.
D. Native vegetation shall be maintained outside of the building envelope.
13. The applicant shall comply with the following standards for development on slopes of greater
than 15 %:
A. Adequate mechanical support shall be provided for cut slopes.
B. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
D. Disturbed slopes must be contoured so that they can be revegetated.
E_ Steepening of existing slopes shall be avoided_
F. Confine cuts, fills, grading and excavation to the minimum area needed for construction.
14. The applicant shall adhere to all material representations made in the application and in the public
meetings.
NOTICE OF PUBLIC HEARING published in the Aspen Times on the 23rd day of May, 1998.
APPROVED AND ADOPTED this 24th day of June, 1998. �,c
'
ved7e.D 4;d;H7Z A*77CC flVAVUr#6 /� 7*W A*W 77me r ON 7AM o?j —0, J'vc y /M.P.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
. 00111"61W
teems, Deputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely, un ®r y
Case 07 -98
PID #2735 - 044 -00 -002
suzannewlpitkinlcasesl l 0411gozzolrew. doc
By A /ate
Dorothea Farris, Chair
Date -, =7 * 4P'
APPROVED AS TO CONTENT:
an AINAt"" L - * •0�%
Cindy Houben,
Community Development Director
1 1!1111 NUNN 11111111111111111111111111111111 Ili!
41 W 07/10/1995 03:141• RESOLUTI DAVIS SIM
4 of 5 R 0.00 0 0.00 N 0. N PITKIN COUNTY CO
R f"
SCHEDULE A
Order 11 caber. 00023677 -C3
LEGAL DESCJUP7701V
A tract of land situated in Lot 20 and N911459114 of Section i, Township 10
South, Range 83 West of the Stith Principal Meridian and described as follovs.
seginntng at a pout, a 7/8 such pSn, vhence the Southeast Corner of Soceton
4, rcynsbtp IQ South, Range 8s rapt of the sixth Principal xeridiah bears
south 49.20' last Z ?93.1• feeti thence North 09'05' oast 600.00 feet;
thence forth 90.53' Best 353.00 feet; thence South 09003' hest 600.00 feet;
thence South 80035' Bast 363.00 feet to the point of beginning.
COOM of F=I(M, 87A79 or COLOAA00
r
9
71
111111111111111111111111111111111111111111111111 IN
41� 07/16/19M 03:14P RESOLUTI DAVIS SILVI
0 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
DEC-18-1997 11:03
t
4 00013
P.06
a
x
H
0
u Go
L7
z
xn
rn
^0 a
W m
F-
00 ri) 0
a
E U
� wa
o F
W q..
a
�o
Q'i H
0
a
o
a a
A
w
d
J
O
f,.
d
G]
U
a
-G
UU0014
F
oil
pod
n pod
i g
Y
;xsi:
. ;. .,.I
MA, '4
g3 14 4' t
4
IT
r I si'r
LL
a
gill
R1
V1
ae
f•
IIQx
L7
z
xn
rn
^0 a
W m
F-
00 ri) 0
a
E U
� wa
o F
W q..
a
�o
Q'i H
0
a
o
a a
A
w
d
J
O
f,.
d
G]
U
a
-G
UU0014
F
oil
pod
n pod
i g
Y
;xsi:
. ;. .,.I
MA, '4
g3 14 4' t
4
IT
r I si'r
LL
a
gill
R1
V1
X, I
Ol
q, w(c ,i,v k.ve, 0
ZA
MJ(4 Wl�li�l (A kj(-:, la !!• k.) cr! T q: Z) �A,Co
A
. i
iz ------
2 L N
LU
i C4
-4A
Uj/ Al s
k �vl
.11 5
Oct) 0<�) Li
7 iF��r ��r J 4 „�_.
IL
sr
_141-11 —TI—_
sc
rt,
a Za
Ir
T. z
d
W. I
.4
Tj
Ali�
t I
ATTACHMENT 3
Wildlife and Ecological Assessment Regarding Domestic Dog Restrictions, Jonathan Lowsky,
Colorado Wildlife Science, LLC
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
000016
Page 9
000017
COLORADO WILDLIFE SCIENCE, LLC
Ecological Research, Management & Consulting
March 31, 2014
VIA EMAIL: skipgozzo@me.com
Skip Gozzo
190 Spyglass Lane
Jupiter, FL 33477 -4037
RE: Wildlife & Ecological Assessment Regarding Domestic Dog Restrictions
Dear Mr. Gozzo,
Per your request, I have conducted an assessment of the wildlife and wildlife
habitat on your property at 170 Clay Lane in unincorporated Pitkin County,
Colorado (the Property) as regulated by the Pitkin County Land Use Code (LUC).
The purpose of this assessment is to amend the domestic dog restrictions on the
Property. On March 20, 2014, 1 conducted an assessment of the Property and
surrounding area and met with Kevin Wright, Aspen District Wildlife Manager,
Colorado Parks and Wildlife. Specifically, I evaluated the quaking aspen forest to
the south of the Property and visited surrounding residential properties to
determine whether dogs were present.
Elk are considered a hider species because the calf remains bedded at a location
and responds to threats by remaining prone while the female moves away to
forage, returning periodically to nurse. Seidel (1977b, 1977a), studied elk calving
habitat at various sites in the White River National Forest. He found that cow elk
prepare a distinct birthing bed and, for the most part, return to that bed each
year. All birthing beds examined were in mature aspens with a thick understory
of shrubs such as chokecherry and snowberry. All beds were located on
southeast - facing slopes within 183m (200 yd) of a water source. Personal
observation of calving behavior in Pitkin County has largely confirmed Seidel's
assessment except that the aspect variable described by Seidel seems to be less
important than the understory variable. Active elk calving habitat in Pitkin
County is known to occur on variable aspects, but there is always significant
woody understory vegetation which provides calves with hiding cover. Recent
research supports Seidel's conclusions (Barbknecht et al. 2011, Rearden et al.
2011).
My assessment of the aspen forest to the south of the existing residence is indeed
suitable elk production habitat with all of the structural attributes described
above. The zones of influence (ZOI) resulting from residential activity associated
with your home and homes on adjacent properties substantially reduces the
coo Elk Run Drive, Suite 128 • Basalt, CO Mzi • 970.927.4549 - info(gIcolowildsci.com . www.coloradowiIdtifescience.com
Gozzo Parcel a Wildhte & Ecologtcal _lssessmcnt Regarding Domestic flog Restnctnuns
Page '_
effective acreage of the suitable habitat (Map 2). That being said, a band of
suitable habitat is outside the residential zones of influence and remains effective
production habitat (Map 1).
Mr. Wright confirmed these conclusions. He concurred that although the areas
with proximity to the homes in the East Owl Creek subdivision and surrounding
area are no longer used by elk for calving and parturition, he has personally
observed cows with young calves in the areas outside the zones of influence
shown in Map 2 during aerial reconnaissance. He also informed me that the
meadow on the Slade property to the east is heavily used during the spring and
fall transition periods.
Section 7- 20- 70(f)(4)(b) of the Pitkin County Land Use Code (LUC) prohibits dogs
within a 1/4 mile (1,320 feet) of field verified elk production areas. Your home is,
in fact, within a 1/4 mile of the field verified production habitat described above.
My evaluation of the area surrounding your home, however, revealed that most
of the adjacent or nearby residences have dogs and many have more than one
dog (Map 3). Mr. Wright and I discussed the problem posed by dog prohibitions.
We agreed that the problem is (as evidenced by the number of dogs on adjacent
properties) that the condition is largely ignored and the dogs that are inevitably
kept at these properties have a significant effect on sensitive wildlife habitat.
Alternatively, both Mr. Wright and I feel that so- called kennel restrictions
requiring physical barriers (i.e., fences) built adjacent to a home can be easily
verified and inspected by CPW and the County and will more effectively keep
those inevitable dogs adjacent to the house and more effectively protect wildlife
habitat.
Although the existing development approval establishes a dog prohibition, I
believe, and Mr. Wright concurs, that with the following restrictions, the
prohibition can be modified to a kennel restriction without causing any
additional indirect loss of production habitat
1. A kennel (i.e., dog -proof fenced area) must be constructed within 50 feet
and on the northwest side of the residence;
2. Any dog on the Property must be leashed and under human supervision
when outside the required kennel;
3. Guests must be required to comply with these restrictions; and
4. All contractors, caretakers, or other service providers must be prohibited
from bringing their dogs on site during construction even if kept within
their vehicles.
Based on the site assessment and my discussions with Mr. Wright, it is my
professional opinion that such restrictions, if strictly adhered to, would not
000018
Gozzo Parcel L Ecological D\Vildhfe & Assussment Regarding Dom"uc og Restrictions
Page 3
significantly increase the effects of residential development on the proposed site.
Sincerely,
COLORADO WILDLIFE SCIENCE, LLC 72=--Z::;
�'
owsky, MS
Principal Wildlife Biologist/ Ecologist
Literature Cited
Barbknecht, A. E., W. S. Fairbanks, J. D. Rogerson, E. J. Maichak. B. M. Scurlock. and L. L. Meadows, 2411. Elk
parturition site selection at local and landscape scales. The Journal of Wildlife Management 75:646 -654.
Rearden, S. N., R. G. Anthony, and B. K. Johnson. 2011. Birth -site selection and predation risk of Rocky Mountain elk.
Journal of Mammalogy 92:1118 -1126.
Seidel, J. W. 1977a. Elk calving behavior in west central Colorado. Pages 38-40 in Colorado Division of Wildlife,
editor. Proceedings of the Western States Elk Workshop. Colorado Division of Wildlife, Denver.
Seidel, J. W. 1977b. Elk calving habitat. USDA Forest Service Handbook 2509.25 — Watershed Conservation Practices
Handbook, zero code, Ch. 10, and Ch.20. Region 2 Amendment No. 2509.25 — 99 — I Effective March 22, 1999.
Colorado Division of Wildlife and USDA Forest Service. Grand Junction, CO.
UOOG1`J
dUUU
)m2
3 8
` |{
Q �E
fj
G
> 12{ K
m \
)
)
)
)|
F
1
U
t
a
C
D
0
d
C
O
N
10
a
m
N
m
3
6f
LL
`7-
I�
a
1 4
I
• {: 4 ` 1
Irk
i
IR .
I 1
,� S
U \\U/
2
!
u
2 } \
!
.
§
lk
; |7•
�{� § §\
}\
/ §{
;I
i
} \ w
W CL �
{
§
](
Gozzo Parcel 0U
Wildlife & Ecological Assessment Regarding Domestic Dog Restrictions
Page 7
BACKGROUND & QUALIFICATIONS
Colorado Wildlife Science, LLC (CWS) is a small wildlife and ecological consulting firm
based in Basalt, Colorado, specializing in wildlife research, management, and
monitoring, ecological assessments, wetland & riparian delineations, conservation
easement baseline inventories, ecological planning, habitat management, and ecological
restoration. CWS applies a scientifically sound approach to biological resource studies
and management. Our work combines professional integrity and strong academic
training with extensive experience working for government, private, and non -profit
clients. With an extensive network of professional collaborators that includes plant
ecologists, foresters, hydrologists, and soil scientists, CWS leverages the collective
knowledge of experienced professionals working toward practical, effective and cost
saving solutions.
CWS provides expert services to a diverse array of clients. Since we are a small
company, personal attention is ensured. We combine full in -house GIS (ArcG1S) with
real time, sub -meter GPS to provide state -of -the -art spatial data, analyses, maps, and
presentations. We have prepared Biological Assessments and Biological Evaluations,
and contributed to EAs and EISs. CWS has worked with large private firms such as
Jacobs, Carter and Burgess, Parsons, CH2MHILL, and SAIC as well as city and county
agencies and governments such as City of Aspen, City of Glenwood Springs, Pitkin
County, Colorado Department of Transportation, and Roaring Fork Transportation
Agency. CWS is currently collaborating on the Pitkin County Airport Wildlife Hazard
Assessment. CWS has prepared over 60 conservation easement baseline and Present
condition reports for 8 different conservation organizations in 5 western Colorado
counties.
Owner and Wildlife Biologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State
University, has a broad range of knowledge. With more than 21 years of professional
experience with federal (US Forest Service), state (Colorado Division of Wildlife), and
county agencies as well as two major universities (Colorado State University and
University of Washington), Jonathan's career has focused on a diverse array of wildlife
from bighorn sheep, elk, and songbirds to northern goshawks, flying squirrels, small
mammals, and spotted bats. Mr. Lowsky's experience includes biological assessments
and evaluations for NEPA compliance, conservation planning, GIS mapping and
modeling, wildlife research, and ecological monitoring design and implementation, as
well as wetland and riparian delineations, evaluations, and restoration. He has authored
management plans and conservation easement baseline inventory reports and published
scientific papers. An expert birder, experienced tracker, certified wetlands delineator,
trained fluvial geomorphologist, and passionate observer of wildlife, Jonathan has spent
countless hours studying and appreciating Colorado's diverse ecological communities.
A detailed description of Mr. Lowsky's professional experience and references are
available. For additional information, please visit our website at
www.coloradowildlifesdence.com.
000023
ATTAGHMENT 4
Street address and parcel description, including legal description, and 8 -1f2 "x 11" vicinity map Iccating the subject
property within Pitkin County
ADDRESS
170 Clay Lane, Aspen, Colorado, 81611
LEGAL DESCRIPTION
A tract of laced 44CUatod in Lot 20 and NSI14SE1 11 of Section d, Township 10
South, Aaage 85 vast of the Sixth Principal SRridian and doscribed as followar;
xorinaLfig at a point, a 718 inch pin, whanco the Southoast corner of Saccson
d, 4`vrmzaLp 20 soutA, Aange 13 govt " CAe s4xth Principal narldian boars
South 49'20• sass 1It3.18 -easel tAMas North 09.0J• Bost 600.00 feet;
thonaa North 80.30• Vast 393.00 feet; thanco South 00.05' Vogt 600.00 1069/ 4
thence South sooss , Sass 393.00 f*et to the poLnt of beginning. i
COM7 of f=rH, Sr= or COLO1tA0o
- VICINITY MAP -
\ � N
Z q'�
2
r, p
E
z'
EW
L. CREEK RD �
SITE 0
r,
• � r.
m 2
AS
MAW
i
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL 11) #273504400002 Page SO
000024
ATTACHMENT 5
Executed Pitkin County Communily Develol2ment Agreement for Payment of Land Use Application
Fees form
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT
FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011 -2005 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 full, 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 COUNTY 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 applications shall accumulate if an
application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it 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.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'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 $ 1,344.00 which is based
on 6 hours of staff time, and if 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 quarterly 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 APPLICANT
Cindy Houben, Signature
Community Development Director Tom Newland
April 3, 2014
c/o Skip Gozzo
JL Holdings Clay Lane LP
190 Spyglass Lane
Jupiter, FL 33477
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #8273504400002
0 U- 0025
Page 11
ATTACHMENT 6
Consent from the owner of the property for the representative named above to process the application and represent
the owner
CJS/ S L/ L414 1'3.+ 7 7l43L i {1170 MWUM / CKW e5t�
OMP oozzo
JL HOLDINOS'CLAY LANE LP
190 BPYQLASS LN
JUPITER. FL 33477
March 24.2014
1 SouEt►ncserw � ��
Aepen, Ca 91611
RE: AUTNORWAMN TO P,&WdM&ff
To YAwn N #My Concern;
PUrwe conWfer tt MW a &uW*ftW8n*W Fora N�urWW of N&WWW pmieat
Rwwu s. WW 10 nl F" In I* prooe" of WW we approvals *W my
bcllllid 11t 1iG Wr L.awk Piddn Cotinty, Colara90 (8"D g
F. Mr.:NlVraad Is "fianiby act oA our beimlf ndM
'. _ • �+aspact !0 911 melr�'nsaionebhr pQnainin� b the afaenaen(taned leu+0 uas •
sppm ab.
i .
900I500d UK'10 VW !Z 1111 '04
rrwx rrr � • -
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID *273504400002 Page 12
OvO26
ATTACHMENT
Disclosure and proof of ownership of the property
MINOR AMENDMENT TO A DEVELOPMENT PERMIT REQUEST
PARCEL ID #273504400002
000027
Page 13
RECEPTION h 883023, 09df18f2013 at
02:00:14 PM,
I OF 3, R $15.00 OF "M Doc Code WD
Janice f(_ Vos Caudill, Pitldn County, CO
X
WARRANTY DEED
THIS DEED is dated the 16th day of September, 2013, sno is made between
Grego" Gono
(whether one. or more than orb), the `Grantor of the County of Palm Beach and Stall of Florida and
J.L. Holdings Clay Lens Urrtltsd Pertrwrship, a Delaware lbnited partnership
OrthOm once, or more than are). the 'Graded', whose legal address Is 190 Spyglass Lane. Jupiter of the County of
and State of Florida. g 3'i9`!
WITNESS, the the Grants. for and In consideration of the sum of Ten dollars and other good and valuable
consideration ( $10.00 ), the race" and sunkianty of which is haeaby aduxwA dped, hereby grant:, beFgoirs, sea.
conveys and centimes w o the Gro eo and the Grantees hairs end assigns $waver, all the real propmV. topstisr with any
improvpmer+m thereon. looatsd in tee Cady of Min and stem of Cotorrado dasorbed as Mows,
A tract of land situated in Lot 20 and NEi l4SE1/4 of Section 4, Township 10
South, Range 85 west of the Sixth Principal Maridian and described as follows:
Beginning at a poird, a 741 inch pin, weans the 5cualeast Comer of Section
4, Township 10 South. Range 65 west of the Sbdh Principal Meridian bears
South 49''20' East 1293.18 fset;
thence North 09'05` East 800.00 fast
thence Noe 80'55' West 383.00 feet
thence SorAh 09'0V West OW.00 %at
&hence South SVW East 383.00 feet To The Pint Of Beginning.
COUNTY OF PITKIN, STATE OF COLORADO
also known by sbsst address as: 170 Clay Lents, Aspen, C081611
TOGETHER with all and sinpt:ar the hereftmenle wW apphrl rheam thereto belwVkVg or in aryv"e appertaining.
the reversions, remainders, rents, haun and prcflts thudof, and aY the estate, right, tide, interest. dam WW demand
whatsoever of the Grantor, either b haw or equity, of, In and to the above bargakbd pterrtives, with the heradkarrre . and
appWtwmncW
TO HAVE AND TO HOLD tha said prwNSas above bsrgsawd and deusbed. with the appurtwummes. unto the
Grantees, and the Grankft heirs and anaigrs faevan.
The Grantor, for tha Grantor and do Grarttoes heirs and assigns, does covenant. grant. bargain, and apse to and with
the Grarrtaa, and the &N tees hake wed waigm that a the tins at ow w seertg and daWmy of these presents, the Grantor
s was sexed of the premises above drsabad; has good. sure, period. abso48e and ihdeileas M estate of inherllance, in
law, and in tee simpe; and has good right, fua power and lawn authority to grant, tiargsh, $at and convey the Game in
manner and form as afdnes dd; and dart the earns are fide and dear from all former and other grants, bargains, sales, bans,
taxes a>ssarsrtnents, erhaurrnbtarhoas aW resVidlans tut vrhakhva[ kard or nesurs aoeva, except and sub)ed to:
Gonna} tMOS for the year 2013 and subsequent yam; and those specific exceptions described by reference to
recorded documents as reflected in the TOie Dorxprwft acted by Grantee(s) in accordance with Section 8.1
(Record Title Matters) of the Contract to Buy and Sell Real Estate relating ID the above described real property;
distnbution utility easernents (including, cable TV); those specificeW described rights of third parbas not shown
by the public records of which Ckantee(s) has actual kno+Medge and which were accepted try Grentae(s) in
acoordance with Section 8.2 (Off Record Tito Matters) and Section p (Current Survey Review) of the Contrail to
Buy and Sell steal F 1 11 relating to the strove dncftW real property; indusion of the Property within arty
special taxing district; the bonefits and burdens and of any recorded declaration and party wall agreernents, if
any.
And the Grantor will wARRANT THE TITLE AND DEFEND the above described premises, but not any a4wwng
vacood abler or airy. in On quiet and peaceable PON66WM of the Grandees. and the heirs rend aseiggs of the
GraruaGS, awry parson or peteom lawtlrth obfrefrg the +ebb or any part thereat.
RI REOF, the Grantor has wom4ed M dead an tihe date sot forth above.
gtehrait TO& FO NWWW 01330-24919
9M wwhRRANTY DEM 11TOO
OU0828
Psae 1
Stets of Colorado
County of P"
The foregoing Imtrunumt was adwowhOW before me this day of September, 2013 by Gregory
Go=,
my hand offic ial
9A* PWIC
Nly commission expires:
MARCIA POUTOIJS
NOTARY PUBLIC
STATE WCOLORADO
swaotllwFda Number 033424919
$=vMjMNwD=6T00
U - "I
UU02�
Pa" 2
LEMMTED LLABILrrY COMPANY AGRXFAff.NT
OF
JJL HOLDINGS CLAY LANE PROPERTY MANAGnMNT LLC
A DKLAWARE LEWntD IIADMIT-Y COMPANY
MORM SWGLE Wmwzk, MEMRFKR-MANAGED LLC A GREEE-WENT]
NOTE: TEES IS A FORM OF,LLC AGREEMENT AND MAY NOT BE APPROPRIATE
FOR USE IN EVERY TgANSAC-110N, FOR EVERY BUSINESS, TAIL, REGULATORY
OR OTHER MH4M OR IN'EVERY JURISDICIION.'IT IS D4PORrA-NT TO
RiVUW THE ENDNQM VRRY CAREFVLLY"AS 1HE LAWS AND
REQUMMMENTS OF EACH STATE CAN VARY SIGNEn4CANTLY. IT IS ALSO
WOKrANT TO CARE' IXLY RRVJWW TBE LAWS -OF THE STATE IN WIUCH
TAE LLC JS FORMED (OR TO'CONSULT A LICENSED ATTORNEY IN THAT
STATE) AND RELEVANT FEDERAL AND gTkTIE TAX. LAWS (OR TO CONSULT A
LlcxNm TAX ATToRNLry OR ADvmR) FOR cowuANcE wmi sucH
LAW& THE COMPANY CORPORATION CANNOT GUARANTEE THE ACCURACY
OR CLTMNCY Of THIS FORM LLC AGREEMM.
510/990d Lldet7p0 noZ 91 qQj mA
0010033
LEMaM LM IIX Y COMPANY AGIMEMEM
OF
J.L. HOLDINGS CLAY LANE PROPI Y MANAGEMENT LLC
A DELAWARE LRV1n7,D LLABELiT`,t' COWANY
The undue member (the "Mamba") hereby forms a limited liability
emery pumkvA to and in aocordance with the statute governing limited liability companies in
the Slit of Delaware (as amended from lime to time, the "Act "), and hereby declares the
following to be the Liaised Liability Company Are mewt of sash ibmted liability company
(this "Agnd.t" ).
1. NAW. The name of the litnted liability company (tie "Company ") is I.L.
Holdings Clay Lane Property Managcmrnt LLC.z
2. bMX0 Md Pow=. The purpose oftbe Company is 0) Xnvestment-Holdings
and (ii) to engage in any activity for wh!Ch limited liability companies may be organized in the
State of Delawarc.2 The Company shall possess and may etercim all of the powers and
Privileges granusd by f= Act and all of the lawfW'powors and privileges granted by this
A togeftr'with any powers incidental tl=m, so ter as such powers and privilegcs_ane
DeceMM or cauva►iemt to the conduct, PrOmtion of attainment of the lawful bumnew purposes .
or activities of the Company.
3- _P - - T mM Exi stence. Gregory Gozzo, as an authorized person., has
motged, delivered and filed tic initial CertiScatc of Fonmatioe of the Comfy with the
Secretary of StM4 of the State of Delaware. S The Member shall execute, deliver and file any
anten and/or rastaternes is of the Certificate of Formation of the Company and any other
cartificates or other documrnts (nod any a lts and/or restates ews ttMeof) necessary for
the Company to qualify to do business m any other jurisdiction in which the Coanpeny may wish
to conduct business. The term of t$e Company commemaed on the dstc hmw& being tlae state
the initial Certificate ofForr=pn of the Company was filed with the ,Secretary of State of the
State of Delaware 's, and the trim of the Company shall continue until the dissolution of the
COmPanY pursuant to Section 16 hoof' The existence of the Company as a separate legal
entity shall contimme until the cancellation of the Certificate of Fonnation of the Company
Burn= to the Act and this Agreement
4. &&MO The LLC sbafl continuously maintain in the state of
Delaware, a lmown place of business that muy be the addrem of its statutory agent.
5. REdSWA , The LLC shall continuously maintain in the state of
Delawm, a stana-tory agent who may be either:
a) An mffivuhW wbo resides in this staf
b) A domestic LLC formed mull Delaware stagy law
c) A foreign LLC mnhbrized to transact business is the state cf Delaware
d) A limited liability company fomMcd tinder Delaware state law, or
e) A limned liability company authorized to Lansact business in tlac state
���•331
510/800d "UTO nOZ 5Z 4QJ
!XQA
ri
.s
M
of Delaware.
b. Admission of Member. Simultaneously with the execution and delivery of
Ns Agreement and the filing of the WtW Gcriificatc of Formation of the Company with the
Sectary of State of the State of Delaware, the Member is hcrcby admitted to the Company as
the sole member of the CottaPmny in respect of the lntcrest (as haul zr defined}, which interest
shall be issued by the Company to the Member, and shall be aogwed by the Member, upon the
delivery to the Company of time Member's capital contn`budon as provided in Section S below_
7. mil" The Company shall be autboilzed to issue a single elm of limited
liabnli�y aampanY intcrest in the Company (the. M= VA"), which may be evidenced by a
ccrtif sate s and shall include any -a�ad all benefits to which the holder of such Interest may be
entitled in this Agreement and under the ,Act, tagedu r with all obligations of such person to
comply with the terms and provisions of this Agneeihexa and obligations under the Act.
8. CVAW Q984buUm. Simultaneously with !he exemdon hereof, the Member
is cantni nfi% $.00 9 to the Co mpany in exchange for all of the hftreats in the Company. `The
Member may, but shall not be required to, ter bate additional rash or other propwty w the
Company as it shy decide, from trine to time-
9. Tax `on and Reruns. Untd such time as the Company shall
hm more than one member, it is the u=nticm ofthee Member that they Con4g my be disregarded
for federal and all relevant stake tax proposes and tbx the activities of the Company be deed
to be activities of the Member for such purposes." All provisions ofthe Company's Certificate
of Formation and this Agreement am to be construed so as to preserve that tax statu. The
Member is lereby authorised to file any trmmary elections with any tax authoriftes axed shall be
requited to file anq ueeessary taat Atreus on behalf of the Company with any serch tax aithoxaties.
10. g rani Ile maWeanout of the Company shall be vested solely in the
Membec, %tto shall b8'ye all Powers to Control and rn8uoagC.the business and BffiIIS of the
Cody and may ear5r m all powers of the Company. All mmumtuts, cbntacts, agreements
and docirutenti shall be valid and binding an the Conway if executed by the Member on behOf
Of the Company.'u
11-D is�ti]nm.m. At such time or times as the lvlendw shall determine, the
Menaber may cause the Compstry to disco -btft to the Member any cash held by the Comptmy thg
is ncither re"MWy necessary for the o}acr&onk of the Company nor otherwise in violation of
applicable law (imluding, but not Bruited to, the Act).
12. Assimmumts. The Member may: assip all or any part of its Interest in the sole
discretion of the Member. Any tsawferee of ell or arry portion of ad bterest $ban ar Wmatically
be deemed admitted to the C=43any as a slrbstiftft i Member in respect -of the Itarmst or such
pordw themf transferred by tho.transfi=-�ag Member and d1e u mdcaing Member shall be
deemd resigned and withdrawn in respect of smith l'ntorest or pordon ttrereoF provided, m any
Ihm the try rrast agree in a do- cement or iaatnmment to be bound by the terms of this
Agre=wt
5l0/2.00d B"E M P01 5L qaj ' xPA
000332
13. RgVjgWfm and Withdrawal. The Member may resign or withdraw from the
Cody at any ti =. Upon any each permitted resignation ox withdrawal, the resigning or
wghdmwing Member shall receive the fair value of its Interest in accordance with the Act,
damumined as of the date it ceases to be a member of the Company.
14, AdditioW WAMbcm No additionial persons may be admitted as members of
the Company except upon an assist by the Member of all or any part of its Interest or
except upon. The consent of the Member.
15. firam� The Member sball not receive compensation for services
rendered to the Company.
16. 'sso 'on Ile Compmy shall dissolve, and its affairs shall be wound up, in
. accordance wAh the Ant Upon the dissohiuon of the Company, the Company shall continue
sOly fox the purposes of win did up its affairs man **AY =MCC. liVidating it assets, and
satisfying the alms of its credito s and the Member, and the Mem a sl.ail not take any active
dw is into t will., or not necessary to or appmpriate for, the wiudin up of the Company's
business and affairs: that all covenants conttained in this Agmemcmi and obligations
provided Joe in this Agre=aA shall, conga to be £ally binding upon the Member unta such
tL= a$ tie pmpedy of the Company has beau distributed pm uat to Section 17 and the
C i i,= Of Formation of the Company has been ca ed pwsua& to the. Act and this
Apbe nt. The Member small be responsible for ova the liquidation and wiadina up of
the Y.
17 Di� l Upon the dissolution of the Company as
provided in Section 16, the assts of the Company shad be dismbuted in accordance \%ifn the
Act
18. ems' Upon completion of the winding up and liquidation of The
Company in accorda= with Sections 16 and 17 and the Act; the Member shall promptly cause
to be executed and filed the necessary documents to *� cancel an&or dissolve the
CompanyO in accordance with the Act and the Ims of any ot].er jmis&tions in which the
Member deems such filing neomsary or adv=isable.
14.1„ Wtedd icy. The Member shall Dive no liabitiity for the obligadons of
the Company except to the extent required by the Act; if any.
the Member.
20. ArqqgdMggt This Agreement may be amwded only in a writing signed by
21. Govemang Law. THUS AGREII1M4T SHALL BE WVERNM BY AND
CONSTRUED UNDER TAE LA'W'S OF TIM STATE OF DELAWARE, EXCLUDING ANY
CONFLICTS OF LAWS RULE OR PRINCIPLE THAT MIGHT REFER THE
OOVERNANCE OR CONSTRUC ONT OF TMS AGII.EENMN'T TO THE LAW OF
ANOTB ER JURMICTION.
%0 /000d MOVID VLOZ 9 age :X22
030333
i
•_ ,cr
..; i
22. Sev umce, every
%MWjt!. Except as otherwise provided in the succeeding sen
team and provision of tWs Agree mem is intended to be severable, and if any term or provision of
this Ageemem is illegal or invalid for =y reason whmoever, swh illegality or =validity sbalL
not affect the legality or validity of the remainder of this Ageem=L The Preceding sentence
SW be of no fm= or effect if the consequent of edoming the remainder of this Agreemmt
without such illegal or mvelid tem or provision would be to cause any party to low the benefit
of its economic bargain hereunder.
23, Ngtkm Any notice, paymeal, demand or commwnication required or
pm6ued to be given, by any Provisicn of this Agreement shall be in •iriting or by electronic
mail or facsimile and shall be deemad, to have been delivered, given and received for all purposes
(a) whea the same is delivered, if delivered pemnally to the pm-son or to an officer of the person
to whom ft same to dhwgA (b) when the same is actually received, if sent either by courier or
delivery urvwe or registered or =tificd mml, postage and dbarges, prepaid, or (c) when the
same is sm =kms the sender has actual knOVAOd9C of nm•receipt. if W= by electronic mail or-
ficstoWe, if such electronic mail cir facsimik is followed by a hard copy of the emailed or
filed communication scut either by comer or delivery Service or registmed or certifiod
mail, postap and charges prepaid, addressed to *e recipient party at the address, electronic mail
address and/or facsimile number set forth for such party in the books and xecords, of the
company.
24. to im—M—w—b—On. Any procmdmg seekang to enforce
any provision of, or based onany 0& arising out of, ibis AWeerneW may be bmugK conducted
and beard in the State or Federal couM of the State of Delaware and such State and Federal
courts shall bave non-exclusivejunsdicton over any ppomahng sadwW to (mfa= any
Provision of< or based Won any A& arising out of this AgreemalL The -M=Aa hereby
hM'V0CabIY (a) &ftlitS to tbe•aon-excl�ive PWMW jurisdiction of such courts, (b) agrees to
service of such oow& process up= it With respett to my such proceeding, (c) waives any
objection io venue laid tw= and (d) oonftm to sets= of process by registeted, mail, return
recewt requeste& N041=6 hmm shall affect the A& of any panty to save regal proms, m any
manner permitted by law or affixt its right to bring airy action in any odwr court-
P,OVWM of 25. Rd=M*P h9LIVM the AM99W OW ft Regardless of whed= any
fts Agr=al V=fically refers partimlar DdoWt Rules, (;&) if any PMVWon of
fts Agmemeot conflicts with a Default Rule, the provision of this Agrmmenl shall omtol and the
Ddm* Rids shall be modiW or nqPRd a0cadm& and (b) if it is nee msery to emmue a DefwA
Rule as uxdfied or negmed in order's effwtww any provision of this Agreemeu4 the Default Rule
shall be so oonstrue& For puqx)w of this Section 2S, "Definh Rule" AuB mean a rule stated in the
Act that applies except to the exert it is negated OT modified (rough the provisions of a limited
liability' company's Certificate of Formation or limited liability company or opmtmg a
IW9MaWePWfO&Wj
SLO/BW MdSE!VO VLCZ 51 q2A !nA
000034
I
IN ASS WEMEOF, Rio mdasi pW has Umbili
Cougmy Agtoemcn�t to be mccuted as oftho� day Of 2U -t ;
4
rk"
u
- :3f
b
v� L
i e
SWUM Wd5EIVO FL91 54 PA
1000035
NE ADVISED TEAT THE LAWS OF EACH STATE CAN VARY SIGNIFICANTLY. IT
IS UdPOR!TANT TO CAREFULLY RLFNUW TEE LAWS OF THE STATE W W100a
TW LLC IS FORMED (OR TO CONSULT A LICENSED ATTORNEY IN THAT
STATE) AND RgLEVANT MERAL AND STATE TAX LAWS (OR (OR TO CONSULT jk
LICENSE TAX ATToRwy OR ADVISOR) NcF
)PoRcowij wrm ALL Lkws.
Xa&Nvtw to Form LLC Agmment:
All 50 slates and the Dbtrict of Colwnhis require &t name of LLCs organized b, the4ir
J
respective imisdictions to ccutain, emlim words (usually at the end of mich name) sn& as
"Limited Liability Compatry", "LZimited" or "Company ", or abbreviatims thereof mich as "LLC'"
or "LC ". In the yAsfti& of Cohmbia and smw such as Aximna, Ark""a, Idaho', K=ftcjW,
T= CONTANY CORPORATION DOES NOT GUARANTEE THE ACCURACY OR
CURRENCY OF THESE END- NOTES. QUWnON-S ABOUT ANY OF TWM MD-
NOM OR YOUR STATE'S SPECIWC LAWS SROULD BE RMERRED TO AN
ATTORNEY AINWOR ACCOUNTANT IN YOUR STATE TO CONFIRM THEIR
ACCURACY AND CURRENCY.
contam the words "bwk", "insmance company", ltij*twe, "trwr, "trustee", "incorporzted"
NE ADVISED TEAT THE LAWS OF EACH STATE CAN VARY SIGNIFICANTLY. IT
IS UdPOR!TANT TO CAREFULLY RLFNUW TEE LAWS OF THE STATE W W100a
TW LLC IS FORMED (OR TO CONSULT A LICENSED ATTORNEY IN THAT
STATE) AND RgLEVANT MERAL AND STATE TAX LAWS (OR (OR TO CONSULT jk
LICENSE TAX ATToRwy OR ADVISOR) NcF
)PoRcowij wrm ALL Lkws.
Xa&Nvtw to Form LLC Agmment:
All 50 slates and the Dbtrict of Colwnhis require &t name of LLCs organized b, the4ir
J
respective imisdictions to ccutain, emlim words (usually at the end of mich name) sn& as
"Limited Liability Compatry", "LZimited" or "Company ", or abbreviatims thereof mich as "LLC'"
or "LC ". In the yAsfti& of Cohmbia and smw such as Aximna, Ark""a, Idaho', K=ftcjW,
Monftrm New Umpdnm and Wtst VhWnut. an LLC *at rend= certain
'con1mn
PfOfasuarW ftnq= (such as phyma=L% lawyers and "dVWcb)' must m its na= words
su& as "Plahszomal L=md Ljab&W Comp&W or "Prof wwomW Lmirted Company", or
abbreviafiam thereof su& as 'TLLC" or "PLC". •dditioinlly, several jmbdicdow place
fesuiefims on the mm= of the LLC. For example, the unaLe of a C*M•sik formed LLC C=Gt
contam the words "bwk", "insmance company", ltij*twe, "trwr, "trustee", "incorporzted"
"OMPOr0fi0h", Of "Corp"; the name of a New Yok foamed: LLC cannot oontain words
related to the fimmm bmakin& trust or insurance business witholn pnoiitgutatory approvah the
name of an Ahbawa formed LLC camot contain the words "bank", "bankee or "buldug"; and
ii
the name ofvn Oregon formed LLC esanWCont-4a the words '.VAepm-adve,'Limited
Partnership" Or the abbreviation "L.P.". Before finning an LLC and selac&g its name, its
mm•cn should coumh the brm Of the intended Ado of fts kmisdon (or conmflt a licensed
41
afty=Y in that state) to determine the relevant LLC name rcq*ments andrestnetions of that
2
cerhim Sao= reswa or prqY ibit
an LLC formed in that State from conducting Certain
wuv'tLes For example, a Delswan formed LLC cannot engage in boldn& a. Wyoming formed
LLC cannot engage in bazibM (w insurance; read a CaMrsix formed LLC =Iwt mg3p m
&C practice of law) - iu*ft f
certain hcemed professions (=h as health pxofi:== and orm,.in
LLC, its members should canok the laws of the slate of fts Intended fb�stiam (or consult a
fic=ied attomey in d3a Oft) to &4ermine the xeshictions or prohibifions (if any) on the
armed in *a state. activities of LL& f
v'2
3 lu mM stems, the Pd=Y fcg Qm &CM&M prepand od submitted to the state in
order to form an LLC in did 9ftW is'called the "Ardeles of However, in sates
abch as
Delaware, Mumsqqp, New Hampshire, Navr
Jersey ad W"bhWon. the PAMMY
6=mfion domm= is called the "CertifieW of Po=xftoe. and in status such as MxSeachaseth
and Pa=yh"Ia, it is called The -Certiftate of Org�ra'. Note also that certain states,
MAW ldg&:Vo ?t0Z SZ qq
000-036
such as Arizona and New Yeirlc, nequire a notice of dw filing of the formation docment to be
publiAwd in a newspaper. Befurc formdxug an LLC in a paydcula- state its mrnibeis should
cult the laves of the state of intendod formation (or consult s licensed sUarwy in that state) to
detcanine the fifing and ynouce nego;r a nts (if any) for the &tmation of on LLC in that state.
4 In most sates, ulna relevant fling office is the state's Secretary of State or Deptnem of
State office. Hovtvv er, in the Dist ict of Cohmnbis and states such as Aida M, Anna.
flAr , M+ -ybsd, Nd&%^ Utah and Virginia, the rokvwA filing office is caLed something
other tw the Secretay of State ar Department of Siam. AdditionaUy, m states such as
Alabs=2, the foatradon documm is must be submitted to a probate judge in the coumy in which
the initial registered office of tt LLC is k4awd. When f wing an LLC in a par imlac Abe, the
mcwbers sho•.tld constelt the lames of t#hat swe (or cobsult a licensed attomay m tilet state) to
deimmine the Proper filing steps and offiicc for the filing of the LLC s for ion documer4s).
s While somenmes a member of an LLC will in fact be the person executing and filing the
Articles of Urgudzation, Cerdf cats of Fotmation, Catificare of motion or other formation
dot it of the LLC, certain sWes do not regtm tom, but rat= permit any person, whether or
not a member, tb2a is aut wnwd by the membeTs to so execute and file such famistion document.
For instance, toe Delaware Lsnrited Liability Company Act provides drat Wh aerti-fiVIIC
retltmed to be filed pursuant ti am need only be =cited by one or mane: "authorized persons,"
and cue of= an initial Certificate of Formafion of a Detiw m LLC is executed and filed by
such au "au tborized person" tIig is mat• a member of the LLC. R&m foxming an LLC in a
particular state, its nmobem should emit the laws of the state of iftdied formation (or
consult a bcezaed a►titamey in that static) to determine the persons &Wxmzed and pa=ttted wider
the haws of that start to exeo to and the the inir formation docment (aid any fait=
amaxbnemts and/or rest d== is of such f mnsfion docum 6A) of an. LLC in that state. In any
eve at, it is advisable that The limited liability company or epa-ati ng agmament of an LLC clearly
specify the person or persons exewting std filing the initial formation docuwem of the LLC, as
well as use pemns authorized to execute and file certifies and other filing documents ofthe
LLC in the fa taac (including any ameadments an&or its of the initial formaboE
document of the LLC).
In many states, for an LLC to be fully fennel, it needs to have both flied its formation
document with the relevaid state filling office and to have a limited liability company or
opwmiug agrement antlered i r96 by its me nl . Wbiic�* irk some stakes, sul limited Habilitp
c any W ope mfing agreement is permitted to be oral or implied in addition to wdaeu, it is
ad'vi-Able That 6a members have a written agmemesi, even in the case of a single, member LLC.
Althoe& roquiring die cdAe nee of a Baited ]rabil#ty c'ompaay or operating agreement (in -
addition to the filing of a formation document with the relevant state filing office) for an LLC to
be teemed, ceA m states, such an Delswace, boweve, Permit such agreevient to be entered into
before, after or at the time of tbe firing of the formation document with the Wevant stare filing
office and, regardless of when entered into, permit stash agretment to be made eve as of the
time or date of the filing of the Ibruxtion doeume t or at such other ts= or date as provided in 3
The ag eem mL To the o dent that the members of an LLC wish to avail themselves of such
pMM3issa'blc psov~lsions of stare Istw with respect to the effectiveness of tbrir limited habit ty
qO /ZIOd od9E' ➢0 ?IOZ 5Z qaj
xn
000031
comp wy or operatn g ag=mcnt, they should clearly indicate in the apvcmew when it is
U
CSWtive. When fo ama an LLC M a par ula Statc, the members should constJt the lama's of
that able (or oonsaL''t a licensed a=wy in than state) to determine the req=vd documents
necessary and the proper timing and m=baWcs of the filing, entering into egad erwaveam of
such documcm to ensru'a #hest the LLC is fttlly and properly farmed in that'stste. ;
Most shafts do not limit the tm m of an LW fotmod in that particular state and stow for
` ;�
as LLC to survive enntil its &%obMov and c Aadx of its formation document(s). Such LLCs '`
r
one sand to have "pwpetttal" eidgktbCe. In pct, the default rule in mast states as thact = LLC will
ClClAMM unlea stated
have a perpe�al. atl�wisc in its organi�atiozral doctuncnts. However,
:
' •'_;
cedain stakes do not permit an LLC to lave a perptu 1. existence and require au LL• C to provide
r
a specific tcxm for the life of the LLC inn its piiwary famaatioan documc=; and other sues
;
require that the parpot W OdSW= of an LLC needs to be stated in its prrmary formation
&MMCHI in order to be effective. For example,. in New Jermey, if an LLC's Cmi ficate of
Forntaddoa does nw, provide for a specific term or state that the cmnsteuce of *e LLC is perpetual
}
tht ttm of the LLC will be 30 years from the date of formation, When fang an LLC in a
PaUndw state, bw members should coma* the laves of that state (ter eausult a hmmed agcy
in that state} to d:etemmqne if the LLC must specify a term of that the cxistcn,ce of the LLC is �
:.
peipehesi in its formation docwme Ws).
w` }
r.u�
In most ►'may {wry limited 1ja1}� mm+
pmVides odd wise, interests in an LLC are puled to be tvidmce by rcrrifiosties is,MM by the
LLC, ahbough &= is generally no zequireAmeta *af physical certifies m be issued. When
determining VAW�QeT to provide for or rcgnm the ismaace of cati icates evidencing mterests M
an LLC, the members should co=Wt with the laws of dke state of fora ,on (or consult a
licensed attorney in tract state) to datexmine whether the laws of such state shove for or require
the issuance of cerdfofts evidencing interests in the LLC and, if so, the particular reclazv3uents
" Y
of•su* state (including any pafticuW language that uaust be, included in the limited liability
h.
COmpanyor Operating agreemmft xclating to the issuance of cerdficates. C`►md=cmg Interests M
a:
the LLC. To the extent that an LLC will issw physical certificates cAdencing intere is ill an
LLC, the members should also cmMidea the impact of the'emdstmce of physical certificates on
oar ptoviaians of the hinted liability comfy or opeatmg text, inc3.tsc n with respect
W WigmneWs of interests and admsion of nwwbem. In hddition. when farming an LLC in a
o; ,
polar slate, the nt =hers should oonsult the laws of that state (or consult a licensed attorney
'
in that state) to dmmine tha kVact of the Uniform Commer+cial. Code on the dwidezization of
the muerests in 1he LLC, patculmly if swh interests arc to be evidenced by certificates. in most i
kMresb in tea LLC are gemmaral intasgi%= and payment WWSibks goverud by Article'9
ofthe Uniform Commercial Cody, (tine "UCC ") of the state of formadon. To facilitate a pledge
the ktmft in
of an LLC, sWJx as in ommetion with a fimu cing tramsaotioft, IIDWeVer, it may be
desirable to opt wto coverage =der Article 8 of the UCC of the state of formation. Iu, that cast,
M most states, the limited ], ddity company or ope;xmg agreement of the LLC (and any
c rtImtes evidencing the mftwest m the LLC to the• extent physical =tiFic„ tes are issuer) mush
expressly provide tit the Wtmt-srs m the LLC Will constitute certificated or un certificaated (as
applicable) "yes" as defined. in the Article 8 of-tit UCC.
SWUM udLOG PLOZ 5Z 94 :xeA
000033
Although most 0stes generally permit t1le contribution by membm of cash au&oT
Property .0 the LLC in m4mge for their btmsts in the LLC, certain gates place fimashons on
other loans that a member may wi&h to coEdnbute as capital conWbIMOUS . For exs=Ple, a
member of an AM" %rmed LLC is not permitted to israe a V=assoxy note or promise W
contra propmy m exchange for membersl� p inuom'wiess 1he member has also contributed
camb, property or samces to the LLC; a Tennenee foruxed LLC may not weept a promise to
ret>der fimm services as a capital contribution, and any promise to make combuxions made by a
member of a bhuawd formed LLC mast be m wrAmg. In.addition, certain steles do not re quiet
the malting of any capital co=-bt*ow by members. la Dakwart, for mmPle. 2L person may
be admiftd as amember of an LLC and may receive an intemst iu an LLC without nmlcng a
coatribudon or being obligated to make a cozitributkm to the LLC,
10 Most suites follow the MS clwsffl=on,m taking to income of LLCs formed in thdr
zespective states. That is, single membcTILCs are "disrepxdM" and taxed as a sole
yRPWk*M* unless the LLC bas elected to be treated as & corpomfim Note, however, that
some states do not follow the MS dkssifi cation mi all material respects and t1w, am if a wa
genemlly "M the M 018&4ficaaor„ stage taws can havc other positive or uqplftvc imp= on
an LLC with respect to taa<es imposed an the LLC. For ample, stems such as Nevada and
V4omiag impose no moome tax on LLCs formad in those stores; MkWpn anposes a = on the
tarsi base of Michigan formed LIX,s; New York IbRows tlk MS classificatim but-also imposes
an . assessmaut tax on New Yo& formed LZCs based upon the-number of its menibm; Tom
farmed LLCs are subject to a state coqxwm huchise, tax; and W%ddngtm applies a gross
incom um on Washington forined LLCs. Before Rwmm g au LLC its a particWar state, the
members should consult the relevatt tax laws of that state (or cous:ult a licensed tax attorney or
advisor in *A state) to deftmaim the applicablity and impact of swh laws on the, LLC.
QUMONS ABOUT TJEUS M-NOTE SHOULD BE REFMM TO A TAX
ATTORNEY OR AN ACCOUNTANT TO CONMRM ITS ACCURACY REGARDING
ANY STATES REFERENCED IN TMS END NOTE OR YOUR STATE
SPFICMCALLY.
Note that in certain Asses, mich as Mianewtk the LLC laws of those states do not
specfficaRy provide for member ma=gcm=t of the LLC. Additionally; catam states, such. as
Man eft and North Daketm, also real m Ibc cleGuon or appointmeFA of to
perform the hnotions of Pre den, "Chief Manager-, Trmurer and/or Searelay of the LLCs
farmed m those states. Howcver, lmdor the laws of those states the members may control any
phase ofthe UCs business md affairs, liquidation, dissohifix and ftm&adcm, and the
relationsiMp of the members of *e =. pirviant to the terms mulained in a member control
agmemait Before forming an LLC in ,a particular state or enuwing into a hmtted liability
conqnay or operating a for an LLC, the members should cowdt the LLC laws of than
state (or masuk a homsed attorney in that staff) to dine the states laws goveriing the
numag operafion amd o=ftol of the LLC_
12 Dqxndmg on the me, this comellatm document may be referred to as, =mg odm
fittm "ArtkiesofDissoludonh, "Articles -of T=insi'on "."Cmtifica*OfCmWegadon"p - , . .
"Cettifk2ft of Dissolution." or "Owtfficm of Terminadorn°. Most stars reqtAm that tints
dwnrxw be mod with the appropriate office in that state only otter the LLC has diswIvcd. and
MOM edge:" V�OZ SZ q93 Xed
X0003•/'
camgleood its hqmdston sad winding -up. HOvmver, certain StOes require tbg a filW9 be
with the Suft at the 6= duet the LLC iuifuMY 90CS im dissolution in addition to, or in lieu at
a RIM Made with that SWe after the LLC has dissolved and Completed its liquidation: =d
wmdmg-uP- For e3r� VA443 such as M=MWO require an LLC to file a e"ficate of
di&"hdcn to ommInce the winding-up process in addi6oa to the filing of a certificate to
ftm,we &, wsteg= of the LLC after the wits ng-,V pmee&4 is complete. Before dissolve -M
win&w up and terminating an LLC that has bees founed, in a particular State, its members
should consuh the laws of tbal stmt,-, (or consult a howsed aftmucy In that state) to deter the
P*W &w1uhm and/or mceffidon. doc4nna*s) to be filed with the state and the it=s
required to be oontainm in such docinews).
11 -
Most statm Mopize tmd P=ft "fimdom of Coubacr. bmvmea the parties to a limited.
Uabi*
copy or OPM21ing ape=ent with r=p= W'Ccrtain WPOM Of the opwWon,
niAnagment. co=ot distribution of assess and dissoludcoi of the LLC. States Hunt rewpize and,
Pewit this "firWOM Of CM&W have Mcluded defimilt rates m tb=f LLC laws that appiy unless
the LLC5 Ifinited Uability company or operatmg W=..provides dd*rmrtly. if the J=ted
hBblhtY ompany or aperwing a9M=CW PrOvuks drll wwdy. tba- deftAt rules are ovemddcm
by
416 PrOvLS-iow agreement- d in the agreement- If the stare in'wbkh an LLC is fonned has keluded
such default rules in its LLC laws, thaw *e mambas may w1sh to Include a provmon like that
Contained in Section 25 to elm* t1W in the OWE& Of 9 COMOict botwem the suft defiuAt ndes
amd a c*nftM Provmon In the L1,Cs Imted habilky, company or op g agreMw, that the
O=UM Pr0Vu6M will govern and control -
510 /51Gd VdBEVQ J1OZ SZ qQ4 :XvA
000040
rY
ij
Defaware
PAGE 1
2fe first State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DSLAWARS, DO HEREBY CERTIFY TEE ATTACBLD IS A TRUE AND CORRlRCT
COPY OF TAE CERTIFICATE OF LIMITED PARTNERSHIP OF "J.L. HOLDINGS
CLAY LANE LIMITED PARTNERSHIP ", FILED IN THIS OFFICE ON TEE
i
SIXTEENTH DAY OF SSPTEMSER, A.D. 2013, AT 9:52 O'CLOCK A.M.
.k
5399185 8100
131090304
rou at cosp.dalatisa gov/ ua Vwr.adtEm2Yina
U00041
\XY)
JefFrey W. Bullock SecmtaN of State
AUTES ION: 0739158
DATE: 09 -16 -13
States of D&Lnoare
i of State
Diiv#.siae �1�ptp_�atiae�e
Dr1fFI 49'32 Aft 09%i612013 3
;AtV 13109030 - 3399183 F=
STATE OF DELAWARE
CERTIFICATE OF LIMITED PARTNERSHIP
The undersigned, desiring to form a limited partnership pursuant to the Delaware Revised
Uniform Limited Partnership Act, 6 Delaware Code, Chapter 17, do hereby certify as
4 follows:
I
First: The name of the limited partnership is: J.L. HOLDINGS CLAY LANE
LIMITED PARTNERSHIP
Second: The address of its registered agent in the State of Delaware is 2711 Centerville
Road Suite 400 in the city of Wilmington, DE 19808. The name of the Registered Agent
i at that address is The Company Corporation.
Third: The name and mailing address of each general partner is as follows:
}
J.L. HOLDINGS CLAY LANE PROPERTY MANAGEMENT LLC
190 SPYGLASS LANE JUPITER FL 33407
In Witness Whereof, the undersigned has executed this Certificate of Limited
Partnership of J.L. HOLDINGS CLAY LANE LIMITED PARTNERSHIP as of
September 16, 2013.
t
000042
J.L. HOLDINGS CLAY LANE PROPERTY MANAGEMENT LLC, GENERAL
PARTNERS
GREGOR GOZ
Managing Member
Name: GREGORY GOZZO
Stag of Lea
r k)
lh7i Wi20 '16/CM
CERTIFICATE OF FORMATION
Of
LiM ?TED LIABILITY COMPANY
FIRST: The na=of ittc limited liaility company is JlL HOLD N- OS CLAY LANE
PROPERTY MANAGEMENT LLC
SECOND: The adds of its•reostered offioe in the State of Dalaw= is 2711 Ccutorrille
Road, Suite 400 `#rflmk&n, Delawarc 14808, County of Now Castk_ IIx name of its
r4stmed imt at such address is TU Company Carporation-
IN WI'i'lv'ESS WHEREOF, the undersigned has a m4ed this CertiSeate of Founation this 16th ,
day of September, 2013.
The Company Corporation, organizer
By:
Mamard
Margaret Rosado
Assistant S=AarY
i
fgotpaW mda'DO V�Gj sZ ga j
000043
X2A
�i4•�a
h
FIRST: The na=of ittc limited liaility company is JlL HOLD N- OS CLAY LANE
PROPERTY MANAGEMENT LLC
SECOND: The adds of its•reostered offioe in the State of Dalaw= is 2711 Ccutorrille
Road, Suite 400 `#rflmk&n, Delawarc 14808, County of Now Castk_ IIx name of its
r4stmed imt at such address is TU Company Carporation-
IN WI'i'lv'ESS WHEREOF, the undersigned has a m4ed this CertiSeate of Founation this 16th ,
day of September, 2013.
The Company Corporation, organizer
By:
Mamard
Margaret Rosado
Assistant S=AarY
i
fgotpaW mda'DO V�Gj sZ ga j
000043
X2A
�i4•�a