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pitkin.planning.264509101020 (2018)
Parcel ID: 2645-09-1-01-020 Application Date: 1/25/18 Case No: P008-1 Description: Lazy Lodge LLC Activity Envelope Review Planner: Mike Kraemer # Copies: 1 Allocated Hours: 12 Project Address: 2322 LAZY O RD, SNOWMASS, CO 81654 % Over Hours: 4.4 Property Owner: LAZY LODGE LLC Address: 1440 MAIN ST Owner Phone: SARASOTA, FL 34236 Owner's REP: DOUGLAS L RAGER Address: 1780 SNOWMASS CREEK RD REP's Phone: (970) 927-1780 ASPEN, CO 81654 REP's Email: ragerarchitect@gmail.com Referrals: CDOW Other Referrals: Upper Snowmass Caucus None ALL OTHER REFERRALS COUNTY ATTORNEY REFERRAL Comments Due Date: 04/16/2018 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 03/15/2018 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 050-2018 #649574 Other Information: VR Approval Date: 05/29/2018 Plat Recorded Date: 08/14/2018 VR Expires Date: 05/29/2021 Plat (Bk, PG): B122 P89 #649575 Remarks: vpn 8/23/18 Application Type: Activity Envelope PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: 2322 Lazy O Road, Lot 20 Lazy O Subdivision PID#: 264509101020 ZONING: RS -30 SIZE: 7 acres OWNER: Lazy Lodge LLC REPRESENTATIVE: Doug Rager PHONE and EMAIL: 927-1780, ragerarchitect(a).gmail.com DATE: November 27, 2017 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope Review Description of Project/Development: The Applicant is requesting Activity Envelope approval to expand a platted building envelope for construction of terraces/on grade patios. The platted building envelope has lapsed and new building envelope will need to be established. Land Use Code Sections to be addressed in letter of request (application): Sec. 7-10-50: Activity Envelope; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Slopes Sec. 7-20-60: Wildfire (area mapped high hazard — or Applicant can provide a wildfire assessment from a Pitkin County Certified wildfire expert); Sec. 7-20-70: Wildlife (area mapped adjacent to elk winter concentration area) Staff will refer the application to the following agencies: Upper Snowmass Caucus, Colorado Parks and Wildlife Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by ls` Class mail) to all property owners and mineral estate owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community. FEES: $3,954 (make check payable to "Pitkin County Treasurer") ■ Planning Office flat fee: $3,900 (non-refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $325/hour) o Public Notice Fee: $54 To apply, submit 1 copy (unbound) of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan and standards report as designated in Section 2. 1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 5. Proof of ownership of subject property; 6. Parcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. List of all property owners within 300' of the subject property (1 copy) 11. Copies of this pre -app form NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ 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 may be required upon a complete review of the application. ➢ The Pitkin County Land Use Code and Application Manual is available on-line at: http://www.pitkincounny.com/l96/Land-Use 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. 30-2009 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 the 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 $ which is based on —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 Cindy Houben Community Development Director ("APPLICANT") By: Print Name and Title (if applicable) Date: Mailing Address: Letter of Request Addressing Land Use Code Sections for Activity Envelope Approval at 2322 Lazy O Road, Snowmass, CO, 81654 Lot 20 Lazy O Subdivision. Sec. 7-10-50: Activity Envelope Sec. 7-20-10: Site Preparation and Grading Sec. 7-20-20: Slopes Sec. 7-20-60 Wildfire Sec. 7-20-70 Wildlife Sec. 7-10-50: Activity Envelope The Activity Envelope approval proposal is for an approved subdivision lot that has an existing home and with an existing driveway & parking. There are no additions and no changes to the building footprint of the existing home proposed. There are no changes proposed to the existing driveway alignment and no changes proposed to the existing parking area location. There are no changes proposed to the existing visible landscaping. The existing home has an active exterior & interior rennovation project now underway. Building permit number is 0089.2017.PBLD. There are no changes to the existing house footprint with the approved building permit. The Activity Envelope approval proposal includes the area of the original platted Building Envelope plus addition of the area of the existing driveway alignment. A small area to the South, the hill side of the existing home, is expanded a little more South beyond the original Building Envelope. The area to the South side of the home is entirely sheltered between the house and the hill & is not visible from any other lot in the Lazy O subdivision. The area to the South side of the home is also entirely sheltered and not visible from Lazy O Ranch Road. Owner would like to establish the Activity Envelope, and then separately submit a Site Plan design with the application for a development permit for a proposed expansion of the existing South side on -grade terrace. The defined Activity Envelope for development of primary uses is large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, and is not significantly larger than the area needed for such structures. The defined Activity Envelope is configured so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in Pitkin County Land Use Code Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. The defined Activity Envelope does not increase Constrained Areas. Sec. 7-20-10: Site Preparation and Grading Development on the site is mature. Everything shown on the included Site Plan is existing conditions & is essentially unchanged since the original construction in 1995. There are no changes to the Site Plan proposed except that a small existing Storage Shed is now located within the zoning sideyard setback. The applicant understands that the Shed will require reloction to meet the minimum sideyard requirement. No vegetation or top soil is to be disturbed with the defined Activity Envelope proposal. Utilities have been installed previously. Land uses shall: (1) Not cause erosion problems and retain all soil on site; (2) disturbance of natural vegetation and soil cover is minimized; (3) There are no cuts and fills proposed (4) Natural drainage patterns will be preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and erosion is controlled as well as stability of the slope area; (4) Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion. 7-20-20: Slopes Site Plan and Survey included have Slopes delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories are designated by a distinct graphic pattern. (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent; (3) Slopes that are forty-five (45) percent or greater. The proposed defined Activity Envelope is confined to existing slopes that are less than (30) percent. Sec. 7-20-60 Wildfire (c) Standards Applicable to All Wildfire Hazard Areas Development is allowed in wildfire hazard areas subject to conformance with the following development standards, (which may be varied upon recommendation by the wildfire expert), and conformance with the additional standards in subsection (d) as applicable. (1) Defensible Space The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): (a) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 — DEVELOPMENT STANDARDS July 2006 Page 46 (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). (c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. (d) All branches from trees and brush within the thirty (3 0) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. (e) Tree crown separation within the thirty (3 0) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. (f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. (g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. (h) All deadfall up to a one hundred (100) foot perimeter shall be removed. (i) No new conifer trees shall be planted within ten (10) feet of a residence. 0) No flammable mulches shall be placed within two (2) feet of a residence. (k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirement Severe Hazard Area All requirements for Medium Wildfire Hazard Areas apply with the following modifications: (1) Roofing Materials: (a) Class A covering or Class AAssembly as defined by the currently adopted building code. (b) No wood shakes or shingles. (2) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: (a) One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or (b) "Type IV" Heavy Timber materials, per the currently adopted building code. 5. Maintenance and Miscellaneous Requirements (a) Roofs and gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. (c) Yards shall be kept clear of all litter, slash and flammable debris. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. (e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. (f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to other structures. 0) Fuel tanks shall be installed underground with an approved container. (k) Propane tanks are buried. (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) Addresses shall be clearly marked with two (2) inch noncombustible letters and shall be visible at the primary point of access from the public or common access road and installed on a noncombustible post. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriff's Department, the local fire protection district and/or a person certified by the Community Development Department as an expert in designation of wildfire areas and wildfire mitigation may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. (d) Additional Development Standards for Severe Wildfire Hazard Areas (1) Development is prohibited within or immediately adjacent to any Severe Wildfire Hazard Area, unless it is determined that: (1) there is no alternative development area on the property that is free of "C --Severe Hazard: Trees" or "X --Severe Hazard: Brush" wildfire hazards; or (2) development within the Severe Wildfire Hazard Area is preferable to alternative Low to Medium Wildfire Hazard site(s) because of other hazard concerns relating to the alternative site(s). (2) Development permitted in Severe Wildfire Hazard Areas pursuant to this section shall be subject to all of the standards of Sec. 7-20-60(c) above. Sec. 7-20-70 Wildlife (b) General Principles Delineation of the Activity Envelope, and the location and design of activities and structures within the Activity Envelope, is based on consideration of the five (5) principles. listed in subsections (1) through (5) below. Approved development shall: (1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development. The proposed Activity Envelope encompasses the previously developed house, drive, parking & landscape areas & does not encroach on intact areas of native vegetation. (2) Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered draws or drainage ways, or other features, and guide development towards areas of landscape containing more common elements. The proposed Activity Envelope does not encroach on any rare landscape elements. (3) Maintain connections among wildlife habitats by identifying and protecting corridors for movement. The proposed Activity Envelope does not encroach on wildlife habitat or corridors. (4) Contribute to the regional protection of rare species by protecting their habitat locally. The proposed Activity Envelope contributes to the protection of rare species with minimized boundaries. (5) Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements. Development of the site is mature thereby reducing the combined and cumulative impacts of activities and development on wildlife. (c) General Standards (1) Existing native vegetaion does not need to be manipulated within the proposed Activity Envelope. (2) There will be no manipulation of vegetation outside of the Activity Envelope. (3) No mesh or woven wire fences are planned. (4) 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. (5) No wire fencing is planned. (6) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. (7) No fruit trees are planned. This does not include pre-existing native trees and shrubs. (8) Development is clustered to the maximum extent possible to minimize impact on wildlife. (9) Access will be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. (10) Trash/garbage shall be kept in an approved bear resistant container or enclosure. (11) Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. (12) There will be no horse grains, pellets, and cookies stored at the site. (13) Pet food shall not be left outside. (14) 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. Scenic View Protection Exhibits: This section describes the information and exhibits necessary to evaluate compliance with the Scenic View Protection standards contained in Section 7-20-120 of the Pitkin County Land Use Code. f� / A. Context Ma Ma showing an scenic view protection area(s)" that overlap the "•+. `� �! P- P g Y" p P property and their relationship to the proposed, or previously approved, Activity Envelope. This map should be prepared at a scale of not less than 1 "= 400' and should " 'i -F— IL4� clearly label adjacent public roads and other prominent landmarks in the surrounding l ` �± area. If this can be accomplished with the Site Plan drawing required previously in this—" f,11i+" section than no additional drawing is necessary. 6 1k B. Existing Conditions Photos - Photographs of the area proposed for development taken from at least two selected viewpoints along nearby public roads and/or public use areas.`` Where the proposed development will be visible from more than one nearby public road or public use area additional photographs should be provided. The selected view points shall depict the worst-case in terms of the visual impacts of the project from the nearby public roads and public use areas. The photographs shall be provided in color and shall not be smaller than 4" by 6" in size. C. L" Sketches or Graphically Enhanced Photographs - Sketches or graphically enhanced photographs showing the proposed development from the same viewpoints as the Existing Conditions Photographs shall be provided. These exhibits must depict proposed structures as well as any landscape vegetation and/or landforms or other landscape features proposed for screening. Vegetation should be depicted at the size and fullness that would be achieved after 5 growing seasons based on the size of the plants at installation, as shown on the Preliminary Landscape Plan. Elevation Drawings -Elevation drawings showing the building facades that will be visible from nearby public roads and public use areas shall be provided. The elevations shall be drawn at a scale not less than 1/4"= 1' and shall depict the material, color and texture of the exterior finishes of proposed structures. E. Preliminary Landscape Plan -This plan must depict topography, existing vegetation fw�' (including a brief description of the types of trees and shrubs), and other significant �� , ��� features of the existing landscape. The landscape plan must also show all vegetation, �,; )L landforms and other landscape features intended to screen proposed structures. The drawing should illustrate the number, species and size of all plants to be installed, whether t through labeling on the plan drawing or by the use of a plant schedule included on the V drawing. Proposed plants should be depicted at the size and fullness that would be achieved after 5 growing seasons based on the size of the plants at installation. The Preliminary Landscape Plan should also depict the irrigation system necessary to provide ` `4 i, water for proposed plantings until such time as they are established. Liehting Exhibits: This section describes the information and exhibits necessary to evaluate .� compliance with the Lighting standards contained in Section 7-20-140 of the Pitkin County Land" Use Code. The Lighting Plan described in this section is only required when the subject property Pitkin County Land Use Application Manual Gou i' Community Development Department r 2322Iazy0_WEB_ l l .jpg https://mail.google.com/_/scs/mai 1-static/_/j s/Ic--gmai l.mairteerL2 W... 1 T . le T- ' J ,1 I certify the attached is a true and correct copy of the Articles of Organization of LAZY LOT LLC, a limited liability company organized under the laws of the state of Florida, filed electronically on January 03, 2017 effective January 03, 2017, as shown by the records of this office. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. The document munber of this limited liability company is L17000001559. Authentication Code: 170105093451-900293813749#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifth day of January, 2017 VkA4. &* Ien Meoltr 6erretarp 4f 6tate Electronic Articles of Organization L17000001559 For FILED 8:00 AM JanuarV 03 2017 Florida Limited Liability Company sec. Of state jafason Article I The name of the Limited Liability Company is: LAZY LOT LLC Article II The street address of the principal office of the Limited Liability Company is: 1440 MAIN STREET SARASOTA, FL. US 34236 The mailing address of the Limited Liability Company is: 1440 MAIN STREET SARASOTA, FL. US 34236 Article III The name and Florida street address of the registered agent is: D. SCOTT LIBERTORE 1440 MAIN STREET SARASOTA, FL. 34236 Having been mmned as re istered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act hi this capacity. I fiuther agree to comply with the provisions of all statutes relatin& to the proper and complete performance of my duties, and I atm familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: D. SCOTT LIBERTORE Article IV FILED 8 00 AM The name and address of person(s) authorized to manage LLC: ,January 03 2017 Title: MGR Sec. Of State D. SCOTT LIBERTORE lafason 1440 MAIN STREET SARASOTA, FL. 34236 Article V The effective date for this Limited Liability Company shall be: 01/03/2017 Signature of member or an authorized representative Electronic Signature: D. SCOTT LIBERTORE I am the member or authorized representative submitting these Articles of Organization and affi ni that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1 stand May 1 st in the calendar year following formation of the LLC and every year thereafter to maintain "active" stahis, Electronic Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: LAZY LODGE LLC Article II L16000163399 FILED 8:00 AM August 31, 2016 Sec. Of State ccave The street address of the principal office of the Limited Liability Company is: 1440 MAIN STREET SARASOTA, FL. 34236 The mailing address of the Limited Liability Company is: 1440 MAIN STREET SARASOTA, FL. 34236 Article III The name and Florida street address of the registered agent is: D. SCOTT LIBERTORE 1440 MAIN STREET SARASOTA, FL. 34236 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: D. SCOTT LIBERTORE Article IV L16000163399 The name and address of person(s) authorized to manage LLC: FILED 8:00 AM August 31, 2016 Title: MGR Sec. Of State D. SCOTT LIBERTORE ccave 1440 MAIN STREET SARASOTA, FL. 34236 Signature of member or an authorized representative Electronic Signature: D. SCOTT LIBERTORE I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F. S. I understand the requirement to file an annual report between January 1 st and May 1 st in the calendar year following formation of the LLC and every year thereafter to maintain "active" status. OPERATING AGREEMENT OF LAZY LODGE LLC A FLORIDA LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT is made effective the 291h day of August, 2016, by D. SCOTT LIBERTORE (the "Member"), and D. SCOTT LIBERTORE as Manager of LAZY LODGE LLC, a Florida limited liability company (the "company"). RECITALS: WHEREAS, the parties have formed a Limited Liability Company pursuant to the provisions of the Florida Limited Liability Company Act, as amended, hereinafter referred to as the "Company," on the terms and conditions and for the purposes set forth in this Operating Agreement; and NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and the mutual promises contained herein, the parties hereto incorporate the foregoing recitals by reference herein and agree as follows: ARTICLE ONE - DEFINITIONS 1.01 The terms "Company" and "LLC" mean LAZY LODGE LLC 1.02 The term "Manager" means any individual or other entity appointed as Manager pursuant to Section 9.01 of this Operating Agreement. If there is more than one Manager, the term "Manager" shall include the singular and the plural. No Manager shall have or receive any equity ownership or any ownership rights whatsoever in the Company by reason of being a Manager, unless such ownership interest or interests are separately acquired as approved by a Majority of Voting Interests of the Members. 1.03 The term "Majority of Vote" shall mean the vote of more than 50% of the voting interests of the respective Members. For example, if one Member has a 50% vote and two other Members have 25% each votes, then it would require the assent of the Member with the 50% vote and one of the other Members to satisfy any requirement for a majority vote of the Members. 1.04 The term "Member" means any person or entity admitted as a Member in accordance with this Operating Agreement. 10.5 The term "Capital Contribution" means any cash, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a Member contributes to the Company in his capacity as a Member. 1.06 The term "Membership Interest" means a Member's ownership interest in the Company, including such Member's share of the profits and losses of the Company and the right to receive distributions of Company assets. The Membership Interest of each Member shall be the number of Membership Units owned by a Member divided by the total issued and outstanding Membership Units, with such quotient being expressed as a percentage. 1.07 The term "Membership Unit' shall mean a unit of limited liability company interest of a Member in the Company. 1.08 The term "person" means a natural person, partnership, limited partnership, trust, estate, association, corporation or limited liability company. ARTICLE TWO - FORMATION AND PURPOSE OF COMPANY 2.01 Organization. The parties hereby form a Limited Liability Company under the laws of the State of Florida, herein called the "Company." Further, the Membership Interests of the Members shall be governed by Article 8 of the Uniform Commercial Code. 2.02 Articles of Organization. A duly appointed representative has executed or shall immediately execute Articles of Organization, and cause the Articles to be filed in the appropriate office. Thereafter, the Manager shall execute and cause to be filed and otherwise published, such original or amended certificates evidencing the formation and operation of this Limited Liability Company whenever the same may be required under the laws of the State of Florida and of any other states where the Company shall determine to do business. If this Operating Agreement has been executed before the filing of the Articles of Organization, then the Company shall be considered to exist upon the moment of filing of the Articles of Organization. 2.03 Purpose of Company. The purpose of the Company is to engage in any and all lawful business activities permitted under applicable law. ARTICLE THREE - NAME AND PLACE OF BUSINESS 3.01 Name of Limited Liabilily Companv. The name of the Company shall be LAZY LODGE LLC. The business of the Company shall be conducted under this name and under any variations of this name that may be necessary to comply with applicable laws and practices of other states within which the Company may do business or make investments. 3.02 Names and Addresses or Places of Residence of Members. The name and initial mailing address of the Member of this Company is as follows: D. SCOTT LIBERTORE 1440 Main Street Sarasota, FL 34236 ARTICLE FOUR - TERM OF COMPANY The Company shall commence and begin business upon the acceptance of the Articles of Organization by the Secretary of State of Florida and shall continue in existence in perpetuity, unless sooner terminated, liquidated, or dissolved by law or as hereinafter provided. ARTICLE FIVE - CONTRIBUTIONS OF CAPITAL 5.01 Initial Capitalization. The initial capitalization of the Company shall consist of, or has consisted of, monies and any other assets being contributed, or having been contributed, to the limited liability company. Contributions will be presumed to be capital contributions, but to the extent that one party contributes more than that party's pro rata share to ownership, such excess shall be considered an advance repayable upon thirty (30) days notice, with interest at the predominant prime rate as reported in the Wall Street Journal from time to time. Initial Capitalization shall be pro rata to ownership. Any Member who delays in making his or her Capital Contribution by more than two (2) weeks from the Initial Contribution by a Member may be charged interest at the predominant prime rate as reported in the Wall Street Journal from time to time. 5.02 Future Contributions. Each Member may make additional Capital Contributions to the capital of the Company in cash or in property subject to the approval of the Manager. During any five-year period, each Member shall be required to make additional Capital Contributions to the capital of the Company in cash or in property in amounts as decided by a majority vote of both the Manager and Members, which may be for up to one-third of the gross value of the Company assets, as valued in good faith by a Majority of Voting Interests of the Managers, multiplied by the pro rata ownership interests of such Member. In no event shall a Member be personally liable for any losses, obligations, or debts of the Company in excess of his or her respective initial Capital Contribution. The first applicable five-year period described above shall begin when the Company has been formed, and shall continue until this Operating Agreement has been executed by each party hereto, and shall continue until the fifth anniversary date thereof, after which there shall be subsequent consecutive five-year terms applicable under this Section 5.02 so long as this Operating Agreement is in effect. 5.03 Optional Advancements. If any Member should advance funds to the Company, the amount of any such advance shall not enlarge such Member's capital account or become part of such Member's agreed Capital Contribution unless specifically designated as such, but rather, in the absence of a specific designation as a Capital Contribution, shall be construed as a loan to the Company by such Member to be repaid with such interest as may be expressly set forth. In the event that no interest rate is specified at the time of the advancement or thereafter agreed upon, then the applicable interest rate shall be deemed to be the Prime Rate published in the Wall Street Journal, effective as of the date of the advancement, compounded annually. 3 5.04 Indemnification. The Members to this Operating Agreement understand and agree that personal guarantees may be required of some or all of the Members to facilitate obtaining a lease and to provide financing for the Company. One or more Members may agree to execute such guarantees, if and as duly approved by all Managers of the Company, as are reasonably necessary to facilitate appropriate leasing and/or financing for the Company. All Members agree that in the event that there is a deficiency judgment or other circumstances from such a duly approved financing arrangement where the lender, landlord, or other applicable party requires Capital Contributions or payment on debt, a lease, or other obligations by reason of a personal guaranty or guarantees, that each Member of the Company will be responsible for their proportionate share of such Capital Contribution or payment on the loan as attributable to their respective percentage of Member interests, subject to whatever limitations may apply with respect to guarantees. In the event that one Member is required to pay more than his or her proportionate share of such deficit or applicable fees and costs relating to the personally guaranteed obligations of the Company and other matters reasonably related to the indebtedness, then the other Members will indemnify such Member to the extent applicable so that each separate Member has borne his, her, or its proportionate share of any such deficit. This provision is for the sole benefit of the Members hereto and shall not inure to any third party creditor of the Company. ARTICLE SIX - CAPITAL ACCOUNTS 6.01 Balances. An individual capital account shall be maintained for each Member on a cumulative basis. No Member shall receive any interest with respect to that Member's capital account nor shall have a right to demand the return of the contribution to the capital of the Company except as otherwise provided in this Operating Agreement with respect to the dissolution of the Company. The capital account of each Member shall consist of: (a) The original Capital Contribution to the Company by such Member; plus (b) Such Member's additional Capital Contributions, if any; plus (c) Such Member's distributive share of Company profits and gains; less (d) The amount of any distributions to such Member which result in a reduction in Company capital; and less (e) Such Member's distributive share of any losses or deductions of the Company. ARTICLE SEVEN - DIVISION OF NET PROFITS AND NET LOSSES 7.01 Definition of Net Profits and Net Losses. The term "net profits and net losses" shall mean the net profits and net losses of the Company as determined for federal income tax purposes by the independent certified public accountant servicing the Company account. 7.02 Distributive Share of Net Profits and Net Losses. All net profits and net losses of the Company shall be allocated to the Members in proportion to the Membership Interests owned by 4 each Member pro rata to ownership. If Membership Interests vary during the Company taxable year, such allocation shall be adjusted to account for such variation in interests using the pro rata per share, per day method. 7.03 Interim Distributions. Any distributions of cash or property by the Company to the Members prior to the termination and liquidation of the Company shall be pro rata to ownership, but advances from Members and affiliates thereof shall be repaid and shall be repaid before pro rata distributions. No Member or assignee of a Membership Interest shall have any right whatsoever to compel a distribution, except as provided in Article Fifteen upon termination of the Company. The Manager shall further have the sole right to determine the amount and timing of any distribution that is made before the termination of the Company. Notwithstanding anything herein to the contrary, it is the primary intent of the Company to retain Company funds in amounts determined in the sole discretion of the Manager to meet the reasonable needs of the business or investments of the Company and/or series and other needs as provided in this Operating Agreement. Distributions of funds or other Company assets, when made, shall only be made from the cash reserves which exceed the reasonable working reserves of the Company, as determined in the sole discretion of the Manager. ARTICLE EIGHT - ACCOUNTING AND TAX MATTERS 8.01 Company Accounting Year. The Company's books and records and all required income tax returns shall be kept or made on the calendar year basis. The Manager shall determine whether the cash or accrual method of accounting is to be used in keeping the Company records. 8.02 Books and Records. The Manager shall keep at the principal place of business upon advance written notice, make available to all Members at any time during normal business hours, just and true books of account and all other Company records. The copying by a Member or his or her designated agent, of any part or all of such records, at the personal expense of that Member is specifically authorized. 8.03 Tax Information. Within ninety (90) days after the close of each calendar year of the Company, the Manager shall furnish to all Members any additional information needed or necessary to complete their federal and state income tax returns, including statements of the net distributable income or loss to each Member from the operation of the Company. The cost of all of the above duties and services to be performed by the Manager shall be deemed an expense of the Company. 8.04 Company Bank Accounts. The Manager shall receive all monies of the Company and shall deposit the same in one or more bank accounts, brokerage accounts, nominee accounts, trustee accounts, or other accounts or forms of ownership as are deemed appropriate by the Manager in the Manager's discretion, which may be titled and held in the sole name of the Manager. 8.05 Company Expenses. The Company shall bear all costs and expenses attributable to the conduct of the business of the Company and the administration of the internal affairs of the Company, including, without limitation: (a) Expenses incurred with respect to the acquisition and sale of property by the Company; (b) Expenses incurred with respect to the management, operation, maintenance, leasing and ownership of the property; (c) Interest and principal payments, loan fees, loan commitment fees and other expenses related to the indebtedness of the Company; (d) Expenses related to the internal administration of the Company, such as expenses for accounting, legal and other professional services; and (e) Expenses incurred with respect to the formation of the Company. 8.06 Entity Classification Election. The Member(s) intend that the Company shall be a disregarded entity for federal income tax purposes. Therefore, it is not intended that any notice will be filed with the Internal Revenue Service to have this LLC treated as a partnership or a corporation for federal tax purposes, and this Operating Agreement shall be construed and administered accordingly, notwithstanding any provision herein to the contrary. ARTICLE NINE - MANAGEMENT OF COMPANY AFFAIRS 9.01 Primary Management Provision. The Company shall be manager -managed, and the Manager of the Company shall be D. SCOTT LIBERTORE. By written resolution of the Manager, the Manager may appoint a President, Vice President, Treasurer, Secretary, or any other officers who shall report to and be responsible to the Manager. Such officers shall have the duties and responsibilities as may be set forth in the written resolution. 9.02 Control and Management. The Company shall be managed by its Manager as described in Section 9.01 above. The Manager shall be elected, and may be replaced from time to time by the majority in interest of the Members. Except as otherwise set forth herein, the Manager shall have sole and exclusive right to manage the business of the Company. Subject to any limitations expressly set forth in this Operating Agreement, the Manager shall have the power and authority to take whatever actions the Manager deems appropriate in connection with the management and conduct of the business and affairs of the Company, including, but not limited to, the following: (a) Acquire or dispose of personal or real property (including any interest therein) for cash, securities, other property, or any combination thereof upon such terms and conditions as the Manager may, from time to time, determine (including in instances where the property is encumbered, on either an assumption or a "subject to" basis); (b) Acquire, own, hold, improve, manage, and lease such property, either alone or in conjunction with others through partnerships, limited partnerships, joint ventures, or other business associations or entities; (c) Finance the Company's activities either with the seller of such property or by borrowing money from third parties, all on such terms and conditions as the Manager deems appropriate. In instances where money is borrowed for Company purposes, the Manager shall be, and hereby is, authorized to pledge, mortgage, encumber, and grant a security interest in Company properties for the repayment of such loans; (d) Employ, retain, or otherwise secure or enter into other contracts with personnel or firms to assist in the acquisition, developing, improving, managing, and general operation of Company property, including, but not limited to, real estate brokers or agents, supervisory, development, and/or building management agents, attorneys, accountants, and engineers, all on such terms and for such consideration as the Manager deems advisable; and (e) Take any and all other action which is permitted under applicable law and which is customary or reasonably related to the acquisition, ownership, development, improvement, management, leasing, and disposition of real, personal, or mixed property. 9.03 Compensation. The Manager or Managers shall not be entitled to receive compensation for acting as Manager unless otherwise agreed by the unanimous consent of the Members, but shall be entitled to reimbursement for reasonable expenses paid by the Manager or Managers arising out of the business of the Company. Such compensation and reimbursement may be paid as incurred or in arrears with interest at the predominant prime rate as reported in the Wall Street Journal from time to time. 9.04 Authority to Sell, Refinance or Materially Change Company Business. The Members hereby consent to give the Manager the power, and a power of attorney, to sell or refinance any Company property. The Members further consent to allow the Manager to take any prudent action in implementing changes to the character and nature of the Company's business. 9.05 Limitation on Members' Powers. No Member who is not a Manager shall have any right or authority, either express or implied, to act for or bind the Company. Notwithstanding any other provision in this Operating Agreement to the contrary, Members are required to attend any meetings of the Limited Liability Company called by a majority vote of the Managers where the request of attendance has been made known at least thirty (30) days in advance and to actively participate therein. As compensation for attendance at meetings, each Member shall be entitled to reimbursement for eighty percent (80%) of reasonable expenses paid by a Member for travel and lodging as a result of attending any meeting of the Limited Liability Company, provided that such expenses are considered reasonable and necessary pursuant to the terms of the Internal Revenue Code, and are thus tax deductible by the Member receiving such reimbursement. 9.06 Nominees. All Members recognize that sometimes there are practical difficulties in doing business as a Limited Liability Company, occasioned by outsiders seeking to satisfy themselves relative to the capacity of the Manager to act for and on behalf of the Company, or for other reasons. Therefore, the Members hereby specifically authorize the Manager to acquire all real and personal property, arrange all financing, enter contracts, and complete all other arrangements needed to effectuate the purpose of this Company, either in its own name or in the name of a nominee, without having to disclose the existence of this Company. If the Manager decides to rJ transact the Company business in its own name or in the name of a nominee, it shall place a written declaration of trust in the Company books and records that acknowledges the nominee's capacity in which it acts and the name of the true or equitable owner, being the Company. 9.07 Major Decisions. The Manager, shall not take any action with regard to any of the matters enumerated below without the prior written consent of the majority in interest of all of the Members: (a) Executing and delivering any general assignment for the benefit of creditors of the Members, or filing or consenting to the filing of a petition under any federal or state bankruptcy, insolvency or reorganization law; (b) Doing any act which would make it impossible to carry on the business of the Company; (c) Malting any decision or taking any action which, under the provisions of this Operating Agreement, is required to be approved by the Members; and (d) Doing any act in contravention of this Operating Agreement. 9.08 Fiduciary Duty of Managers. Each Manager acknowledges that all discretionary and administrative powers of a Manager under this Operating Agreement shall be considered as requiring effectuation in a fiduciary manner. This fiduciary duty on the part of a Manager is owed to both the initial and all subsequent Members, and to the Company, and shall be borne by each Manager notwithstanding anything in this Operating Agreement to the contrary. 9.09 Fiduciary Duty of Members. Each Member acknowledges that all obligations and powers of each Member under this Operating Agreement shall be considered as requiring effectuation in a fiduciary manner, which shall include but not be limited to an obligation to deal fairly and in good faith, to disclose any business opportunities directly pertaining to the business and/or properties of the Company, and to act with good business etiquette. This fiduciary duty on the part of the Member is owed to both the initial and all subsequent Managers and Members, and to the Company, and shall be borne by each Member notwithstanding anything in this Operating Agreement to the contrary. 9.10 Resignation of Manager. Any Manager may resign by delivery of written notice of same to each Member. Upon receipt of such notice, the resigning Manager or Managers shall have the power to appoint a successor, provided that if no succeeding Manager is named, the remaining Manager or Managers shall elect new Managers by a Majority of Voting Interests of the Managers, provided that if no succeeding Manager or Managers are named and no Manager or Mangers remain, the Members shall elect a new Manager or Managers by vote of a majority in interest. Any resignation shall not be effective until sixty (60) days after delivery of written notice to all Members, provided that any resignation of a sole Manager shall not be effective until a new Manager has been elected by the Members and such new Manager has accepted such appointment. 9.11 Indemnification Rights. Each Manager shall be entitled to be indemnified by the Company for actions or inactions relating to the conduct thereof, except to the extent caused by willful misconduct or fraud. Further, by a Majority of Voting Interests, the Manager or Managers may designate one or more professionals or companies to provide services for the Company, including services which might otherwise be provided by the Managers, in which event such third party or parties may be reasonably compensated for such services and reimbursed for applicable expenses. ARTICLE TEN - MEMBER LIABILITY Except as herein provided, the liability of any Member, including any Member who is a Manager, with regard to the Company in all respects is restricted and limited to Capital Contributions provided for in this Operating Agreement. No Member, including any Member who is a Manager, as such, shall be personally liable for the debts, liabilities, or other obligations of the Company. The Capital Contributions of the Members shall be available for the debts, liabilities, or other obligations of the Company. The Members cannot be assessed to make additional Capital Contributions to the Company, except as required under Section 5.02 of this Operating Agreement. Any fiduciary duty of a Member as to conduct of the Company shall not result in any obligation to make additional Capital Contributions or to have any responsibility to creditors of the Company, whether directly or indirectly, as a result of such fiduciary duties and responsibilities. ARTICLE ELEVEN - PROHIBITED TRANSACTIONS 11.01 Prohibited Transactions. During the time of the organization or continuance of the Company, no Member or Manager shall do any of the following: (a) Use the name of the Company (or substantially similar name) or any trademark or trade name adopted by the Company, except in the ordinary course of the Company business; (b) Disclose to any non -Member any of the Company business practices, trade secrets, or any other information not generally known to the business community; (c) Do any other act or deed with the intention of harming the business operations of the Company; (d) Do any act in contravention of this Operating Agreement, except with the prior written consent of the majority in interest of all of the Members; (e) Do any act which would make it impossible to carry on the intended or ordinary business of the Company; (f) Confess a judgment against the Company; and (g) Possess Company property or assign the rights of the Company in specific Company property for other than Company purposes. 11.02 Use of Company Assets. No Manager or Member shall use, directly or indirectly, the assets of the Company for any purpose other than carrying on the business of the Company for the full and exclusive benefit of the Company and all of its Members unless fair value is paid for such usage. ARTICLE TWELVE - ASSIGNMENT OF MEMBERSHIP INTERESTS 12.01 Nature of Membership Interest. A Membership Interest is personal property, regardless of the nature of the property owned by the Company. 12.02 Assignability of Membership Interests. A Membership Interest is assignable, in whole or in part, subject, however, to the right of first refusal in the remaining Members to acquire such interest pursuant to Section 12.03 of this Operating Agreement. In no event shall the assignee become, or exercise the rights of, a Member, unless the Manager, in its sole discretion, admits the assignee as a Member in the Company in accordance with the provisions of this Operating Agreement. 12.03 Right of First Refusal. In the event that a Member should desire to transfer all or a portion of the Membership Interests that such Member owns to an assignee that is not already a Member of the Company or a member of the Member's immediate family as defined in Section 12.05, such Member shall first offer, in writing, such interests for sale to the other Members. Attached to the offer shall be a statement of intention to transfer or encumber, the percentage interest involved in the proposed transfer, and all the terms of such proposed transfer. The other Members, within thirty (30) days after the receipt of such offer, at their option, may elect to purchase all, but not less than all, of the interests of the Company offered for sale under the terms of the proposed transfer. Such purchase shall be on a pro rata basis based upon percentage interests then held by the Members on the terms of the proposed transfer or encumbrance. If any Member declines to purchase and the remaining Members desire to purchase all of the Membership Interests being sold, they may, in that event elect to do so. The Members shall exercise their election to purchase by giving notice thereof to the transferor and to the Company. In either event, the notice shall specify a date for the closing of the purchase which shall be not more than thirty (30) days after the date of the giving of such notice. If the offer to sell, as provided herein, is not accepted by the Members, then the transferor may transfer said interests, provided that such transfer must be pursuant to the exact terms disclosed in the offer to sell as provided herein and the Transferee must be approved by the Company, which approval shall not be unreasonably withheld, and the Transferee must execute such documents as are reasonably requested by legal counsel for the Company. 12.04 Admission as Member. Any transferee of a Membership Interest shall have only the rights of an assignee under state law, regardless of whether such transfer was consented to by the other Members, until and unless such transferee is admitted as a substituted Member as provided herein. No Member shall have the power or authority to give the transferee of all or any portion of such Member's Membership Interest the right to become a substitute Member. No assignee or transferee of the whole or any portion of a Member's Membership Interest in the Company shall have the right to become a substituted Member in place of his assignor unless all of the following conditions are satisfied: 10 (a) The Members, in their sole and absolute discretion, have unanimously consented in writing to the admission of the assignee as a substituted Member; (b) A fully executed and acknowledged instrument of assignment has been filed by the assignor with the Company, and the same sets forth the intention of the assignor that the assignee become a substitute Member; (c) The assignor and assignee execute and acknowledge such other instruments as the Manager may deem necessary or desirable to effect such admission, including the written acceptance and adoption by the assignee of the provisions of this Operating Agreement and his execution, acknowledgment, and delivery of a Power of Attorney to the Manager, the form and content of which shall be provided by the Manager; and (d) A reasonable transfer fee, not exceeding $2,000.00 has been paid by any assignee to the Company. 12.05 Exceptions. The restrictions applicable to assignment of Membership Interests contained in this Article Twelve shall not apply to the following: (a) The transfer or disposition by will or intestacy to or for the benefit of the Member's descendants ("Immediate Family"), or the transfer during the Member's lifetime, by gift or by inter vivos trust, to or for the benefit of the Member's Immediate Family; (b) The sale, transfer, assignment, pledge, encumbrance, or other hypothecation of such Membership Interest to any other Member under this Agreement; (c) Any Membership Interest as a Member received as a gift under which the donor excluded such gift by reason of the annual gift tax exclusion under Internal Revenue Code Section 2503, as amended, to the extent provided herein. Such an interest so received shall be freely transferable by the Member receiving such gift and any transferee of such Member for a period of one hundred twenty (120) days after the receipt thereof. After the expiration of such one hundred twenty (120) day period, this exception shall no longer apply, and such Membership Interest shall be subject to the restrictions contained in this Article Twelve unless such Membership Interest has been transferred or sold during such one hundred twenty (120) day period, in which event the transfer limitations herein applicable shall not apply to such Membership Interest; or (d) The transfer of some or all of a Member's ownership interest to a family limited partnership, trust, limited liability company or other entity which is owned solely for the benefit of the Member making the transfer or the Member's Immediate Family, provided that any entity taking ownership must join in this Agreement to be responsible for all obligations of the Member. If an interest of a Member is transferred pursuant to subsections (a), (b), (c) or (d) above, the transferee shall become a substituted Member upon the completion of the requirements listed in subsections 12.04(b) and (c) of this Agreement. If required by state law, an amendment to the 11 existing Articles of Organization shall be filed and recorded. For the purposes of this Section, "immediate family" is defined to mean the Member's father or mother, spouse, brother or sister, and children and other lineal descendants of all generations. 12.06 Riehts of Assignee. If an assignee is not admitted as a Member of the Company pursuant to Section 12.04, above, then such assignee shall not have any right to be shown as a Member of record of the Company, to participate in the Company affairs, to inspect any Company business records, bookkeeping records, or books of account, to receive information, directly or indirectly, from any Member about Company business, or to exercise any other right of a Member and until admitted as a Substitute Member. An assignee shall be obligated to make additional capital contributions required by this Operating Agreement. 12.07 Involuntary Assignment of an Interest of a Member who is a Manaeer. In the event a Manager who is a Member has its interest taken or encumbered by levy, foreclosure, charging order, execution, or other similar involuntary proceeding (a "taking"), the statutory or other involuntary assignee of a Member's interest shall only have the right to an allocation of profits and losses attributable to that Member's interest in the Company pursuant to this Operating Agreement and shall receive only the distributions attributable to that the Member's interest properly disbursed pursuant to this Operating Agreement and shall not, under any circumstances, have the right to interfere in the management or in the administration of the Company business, assets, or affairs, or to act in any manner as a Manager. In the event any exchange described herein would result in the Company not having a Manager whose interests have not been liened or charged as aforesaid, such exchange shall be delayed for a period not to exceed ten (10) days during which period the Members may elect, by a vote of majority in interest of the Membership Interests, a new Manager, or to dissolve the Company. A Manager shall give prompt notice to all other Members of any taking. 12.08 Membership Certificates. The Managers, in their sole and absolute discretion, may issue Membership Certificates to evidence the Membership Interests of the Company. If such Membership Certificates are issued, then they shall contain the following language, which clearly indicates that any transfer, assignment, conveyance, pledge, or other disposition of such Membership Certificates, and the Membership Interests evidenced thereby, is subject to the restrictions and other provisions contained in this Agreement and in applicable law: The Membership Interests evidenced hereby are subject to all of the terms and provisions of the Operating Agreement of the Company dated , and all amendments thereto, are subject to any separate written agreement that may exist between the within named owner of the Membership Interests and the Company, and are governed by the Uniform Commercial Code Article 8. Further, these Membership Interests may not be transferred, assigned, conveyed, pledged, or otherwise disposed of except in accordance with the terms of such Operating Agreement, and all amendments thereto, copies of which are on file with the principal of the Company. 12 ARTICLE THIRTEEN - ADMISSION OF ADDITIONAL MEMBERS Additional Members shall be admitted only upon approval of a majority of Members, and in addition only upon satisfaction of any and all requirements set forth under Section 12.04, subject to the exceptions set forth in Section 12.05 or as otherwise explicitly set forth under any other provision of this Agreement. In the event of any conflict or ambiguity between this Article and Section 12.04, Section 12.04 shall apply. Further, additional Members will be admitted only for valid and reasonable compensation paid in exchange for any Membership Interest that is assigned to such additional Members, unless one or more of the exceptions stated in Section 12.05 are applicable. ARTICLE FOURTEEN - WITHDRAWAL OF MEMBERS No Member shall have a right to withdraw from the Company before the Company dissolves and liquidates, except as provided in this Section. No Member shall have any right to withdraw from the Company or demand the return of any portion of his or her agreed Capital Contribution or capital account in money or property from the Company without the prior written consent of the majority of Members, which consent may be withheld in their discretion. A Member shall not have the right to withdraw or retire from the Company unless such Member has transferred all Company Membership Units held by such Member to one or more third parties in accordance with the provisions of this Operating Agreement, and each transferee of such Membership Units has been admitted to the Company as a substituted Member. No Member shall have the right to receive property other than cash from the Company, except that the Manager may, from time to time, direct the Company to make distribution of property other than cash to the Members. No Member shall have the right to bring an action for partition against the Company with regard to any of its property or to cause the termination or dissolution of the Company by court decree or as may be permitted under state law, such rights being specifically waived by the Members. Notwithstanding anything in this Operating Agreement to the contrary, the restrictions contained in this Article related to the withdrawal of a member shall also apply to the termination of membership of a member. ARTICLE FIFTEEN - TERMINATION OF THE COMPANY 15.01 Events of Termination. The Company shall be terminated and dissolved, and its assets liquidated pursuant to Section 15.03 hereof upon the first to occur of: (a) The date for termination as set forth under Article Four of this Operating Agreement; or (b) Sixty (60) days after the receipt by the Manager of unanimous written consent to termination executed by all of the Members. 15.02 Winding Up of Company Affairs. The Company shall continue to exist following the happening of any of the foregoing events solely for the purpose of winding up its affairs in accordance with state law, including, without limitation, in the sole discretion of the Manager, any period during which installment payments are being made to the Company as a result of the 13 sale of the Company property. Upon the dissolution of the Company, the Manager shall wind up the affairs of the Company, shall liquidate the assets of the Company as promptly as possible, and shall distribute the assets of the Company. If for any reason there is no Manager, or if they refuse to serve, or are incapable of serving, the holders of the majority of the Membership Units may appoint or designate a Trustee in Liquidation who shall serve to wind up the affairs of the Company. 15.03 Distributions Upon Termination of the Company. Upon the dissolution and winding up of all business and investment affairs of the Company under state law and termination of the Company under the Internal Revenue Code, the Members shall continue to share profits and losses during liquidation of Company assets, in the same proportion as before dissolution. The proceeds of such liquidation shall be applied and distributed in the following order of priority: (a) Payment to creditors of the Company, other than Members, in the order of priority provided by law, although an appropriate reserve may be maintained for any contingent liability until said contingent liability is satisfied, and the balance of such reserve, if any, shall be distributed as further provided herein; (b) Payment to the Members for loans made by them to the Company in the order provided by law; (c) Payment to the Members in proportion to their unretumed Capital Contributions; and (d) Payment to the Members in proportion to their relative positive capital account balances. No Member may require the Company to have a court -supervised winding up, liquidation, and dissolution of the Company. No Member shall be entitled to demand a distribution to be made in Company property, but the Manager may make or direct property distributions to be made using the property's fair market value as of the time of distribution as the basis for making such distribution. If the Manager elects to make direct property distributions in liquidation, the Manager may allocate the fair market value of any asset distributed to the receiving Member's pro rata share of the liquidated value of the Company in full or partial satisfaction of such Member's claim on the liquidation proceeds, such that the Manager is not required to distribute a proportionate interest of each asset to the respective Members but may, instead, distribute undivided assets to any individual Member. 15.04 Instruments of Termination. Upon the termination of the Company, the Manager (or special liquidator as the case may be) shall make such filings and to such other acts as shall be required by state law and the Members hereby agree to execute and deliver to the Manager or special liquidators, as the case may be, such certificates or documents as shall be so required. 15.05 Continuation of Company. The occurrence of an event of dissolution shall not cause the dissolution of the Company if the remaining Managers, if any, or if none, a majority of the remaining Members elects to continue the business of the Company. 14 15.06 Gains or Losses in Process of Liquidation. Any gain or loss on disposition of the property in the process of liquidation shall be credited or charged to the Members in the manner specified in Section 15.03. Any property distributed in kind in the liquidation shall be valued and treated as though the property were sold and the cash proceeds were distributed in kind and its adjusted basis shall be treated as a gain or loss on sale of the property and shall be credited or charged to the Members in the manner specified in Section 15.03. ARTICLE SIXTEEN - MISCELLANEOUS PROVISIONS 16.01 Notices. Except as may be otherwise specifically provided in this Operating Agreement, all notices required or permitted hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt, to the address set forth in Section 3.02 of this Operating Agreement, or at such other address as may have been theretofore specified by written notice delivered in accordance herewith. 16.02 Applicable Law. This Operating Agreement shall be construed under and in accordance with the laws of the State of Florida. 16.03 Other Instruments. The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the Company created by this Operating Agreement. 16.04 Headines. The headings used in this Operating Agreement are used for administrative purposes only and do not constitute substantive matters to be considered in construing the terms of this Operating Agreement. 16.05 Parties Bound. This Operating Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Operating Agreement. 16.06 Leaal Construction. If anyone or more of the provisions contained in this Operating Agreement for any reason are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Operating Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16.07 Counterparts. This Operating Agreement may be executed in any number of counterparts and each such counterpart shall for all purposes be deemed to be an original, but all of such counterparts shall constitute one and the same Operating Agreement. 16.08 Entire Agreement. This Agreement constitutes the entire Operating Agreement between the Members and supersedes all prior agreements and undertakings with respect hereto among them. 15 16.09 Amendment. Except as otherwise herein provided, this Operating Agreement may only be amended upon the written consent of the Manager then acting and 100% of the Members then existing who have been appropriately accepted as Members and parties under this Operating Agreement. 16.10 Binding Upon Successors. Each and every provision hereof shall be binding upon and inure to the benefit of the heirs, personal representative, successor and assigns of the respective parties hereto except to the extent explicitly provided to the contrary herein. 16.11 Severability. Every provision hereof is intended to be severable, and, if any term or provision hereof is illegal or invalid for any reason, such provision shall be invalid, but such illegality or invalidity shall not affect the validity of the remainder of this Operating Agreement. 16.12 Captions. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of this Operating Agreement. 16.13 Numbers and Gender. Where the context so indicates, the masculine shall include the feminine and neuter, the singular shall include the plural and person shall include corporation, form or other entity. 16.14 Power of Attorney. Each Member hereby agrees that by execution hereof, he or she makes, constitutes and appoints the Manager as true and lawful attorney in his or her name, place and stead, with the power of substitution and re -substitution, to: (a) Make, execute, sign, acknowledge and file with respect to the Company: (i) One or more Articles of Organization as may be necessary or desirable and any amendments or restatements thereof, as well as additional copies of this Operating Agreement and one or more amendments to this Operating Agreement and other original, amended or modified Articles of Organization, or other document required pursuant to the law or the laws of any state in which the Company conducts business to constitute or maintain the Company; (ii) Such amendments as may be required from time to time by law or pursuant to the provisions of this Operating Agreement to reconstitute and continue the business of the Company in accordance with the provisions of this Operating Agreement; (iii) All papers which may be deemed necessary or desirable to termination of the Company; and (iv) All such other instruments, documents, and certificates which may from time to time be required by the laws of the state of Florida, or any other state in which the Company is conducting business, including any and all certificates as required by fictitious name or assumed name statutes or to effectuate, implement, continue and defend the valid existence of the Company; and OR (b) Amend this Operating Agreement, from time to time, if such amendments shall become necessary and desirable, and shall have been approved in the manner set forth in Section 16.09 hereof, if such approval is required by this Operating Agreement. No consent of the Members in the manner set forth in Section 16.09 shall be required under Section 16.09 if such amendment executed by the Manager as an attorney-in-fact pursuant to this Section 16.14 shall not: (i) Reduce the obligations of the Manager; (ii) Affect the restrictions regarding the assignment of a Membership Interest; (iii) Amend this Section 16.14; (iv) Modify the term of the Company; or (v) Reduce the rights or interests or enlarge the obligations of any Member without his or her written consent. The Power of Attorney granted pursuant to this Section 16.14 is a special Power of Attorney coupled with an interest, is irrevocable, and shall survive the death or disability of each Member. It is binding upon each Member and his or her successors and assigns hereunder and may be exercised by any attorney-in-fact hereunder by listing the names of the Members of the Company followed by a single signature of the executing attorney-in-fact for all of the persons whose names are so listed. The executing attorney-in-fact shall promptly notify the Members of any documents or amendments executed by it pursuant to this Article. 16.15 Investment Expertise. Each Member warrants that he or she has the investment expertise to be a Member. 16.16 Mediation and Arbitration. It is the intention of the parties that no dispute under this Operating Agreement, except as expressly provided in this section, will be the subject of any court action or litigation in the court system. The parties recognize that the problem resolution processes of mediation and arbitration are proper to resolve most issues between the parties. It is the intention of the parties that this Operating Agreement shall be construed and interpreted in a fair and equitable manner based upon the facts and circumstances of the parties taking into account the present intention of the parties to have a fair and equitable agreement under the terms and conditions set forth herein. Expressly excluded from mediation and arbitration are disputes relating to injunctions, writs of possession, recovery of property under a security agreement, and other equitable relief. (a) Mediation. If any party hereto wishes to resolve an issue arising out of or relating to this Operating Agreement, then such party must first give notice of a request for mediation to the other party which notice shall set forth the names of not less than four (4) court approved mediators from the lists available from the Circuit Court of Sarasota County or such other 17 mediators on whom the parties may agree. The party receiving such notice shall choose one or more of such mediators within seven (7) days of receipt of such notice and a mediation conference will be scheduled as soon as feasible between the parties and their respective advisors, and the parties and their advisors will cooperate fully with respect to sharing of information and attendance at meetings in order to seek resolution. If the party receiving notice does not choose a mediator within seven (7) days of receipt of such notice, then the party who has sent such notice may choose the applicable mediator or mediators and may schedule the mediation conference. If resolution of the issues between the parties cannot be resolved in mediation within twenty (20) days of the selection of a mediator, then the matter shall be presented to formal arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association as provided below. (b) Arbitration. If mediation is unsuccessful, then the parties shall resolve the issue in arbitration. The arbitration shall be conducted in accordance with the provisions of the Commercial Arbitration Rules of the American Arbitration Association, except as provided herein. The arbitration shall be conducted with a panel of three (3) arbitrators to be retained by the parties, or to be appointed by the American Arbitration Association if the parties cannot agree, provided that if the amount in dispute does not exceed $250,000 then a single arbitrator shall be selected unless one party or the other requests three (3) arbitrators and agrees to pay in full for two (2) of the three (3) arbitrators notwithstanding the outcome of the arbitration and the award of attorneys' fees and costs that may otherwise apply. Arbitration shall take place within thirty (30) days after the completion of discovery as provided below and the decision of the arbitration panel shall be binding upon the parties for all purposes. The arbitration panel is expressly authorized to award all reasonable fees and costs, including attorneys' fees, to the prevailing party against any party who has violated this Operating Agreement. (c) Discovery in Arbitration. Each party will cooperate fully with respect to sharing of information in all arbitration proceedings. Within ten (10) days of the appointment of the panel of arbitrators, each party shall send to each other party copies of all documents, agreements, contracts, reports, charts, correspondence, notes, files, photographs, videotapes, audiotapes, and any other tangible thing that might be relevant to the issues pending in arbitration. Additionally, within ten (10) days of the appointment of the panel of arbitrators, each party shall send to each other party a list of the names, addresses, and telephone numbers of fact witnesses and expert witnesses who have information that might be relevant to the issues pending in arbitration. The party preparing the list shall also indicate which witnesses it plans to call in the arbitration hearing. Any documents claimed by a party to be privileged and exempt from discovery (as provided under the Florida Rules of Civil Procedure) must be identified by the party claiming the privilege. Any document not so identified shall be considered to be not exempt and shall be provided to each other party as provided above. Each party shall be required to update its automatic disclosure as new information that might be relevant to the issues in arbitration is learned by that party. In addition to the initial and updated automatic disclosure, each party may engage in discovery in the form of written interrogatories, depositions of witnesses, and requests for the production, inspection, and copying of documents to the same extent as allowed by the Florida Rules of Civil Procedure, as modified herein. The time for responding to discovery requests shall be ten (10) days. All discovery shall be completed within two (2) months after the appointment of the panel of arbitrators, unless the time for discovery is extended for good cause 18 by the panel. The costs, including attorneys' fees, of obtaining any information by way of interrogatory, deposition, or request for production that should have been provided by the other party by way of automatic disclosure shall be borne by the party who failed to make full automatic disclosure as provided above. The arbitration panel shall decide any disputes regarding discovery. 16.17 Tenants By The Entireties Ownership. If and when any Membership Interest is owned by and between a husband and wife as tenants by the entireties, then the Florida Law of Tenants by the Entireties shall be controlling as between such husband and wife, in that upon the death of one spouse, the interest shall be automatically owned by the other spouse, and it shall require the joinder of both spouses to act with respect to a tenancy by the entireties ownership interest, notwithstanding any provision under this Operating Agreement to the contrary. Further, notwithstanding any provision under this Operating Agreement to the contrary, the Florida rules of tenancy by the entireties, and not the provisions under this Operating Agreement, shall apply with respect to any obligation herein imposed, such that any Florida resident married couple owning their Membership Interest as tenants by the entireties are considered as one entity until after the death of one of them. Therefore such couple shall be considered one Member for all voting purposes, it shall require joint approval of married members owning their interests as tenants by the entireties to take any action with respect to such Membership Interest, and this Operating Agreement shall be construed accordingly. If one spouse is referred to as a Manager and the other spouse is not referred to as a Manager under this Agreement or by subsequent agreement or designation, then the spouse that is referred to as a Manager shall be considered a Manager, with the Manager designation being separate and apart from the tenancy by the entireties common membership status of both spouses. 16.18 Rights of Creditors and Third Parties. This Agreement is entered into among the Members and the Managers for the exclusive benefit of the Company, its Members, Managers and their successors and assigns. This Agreement is expressly not intended for the benefit of any creditor of the Company or any other Person. Except and only to the extent provided by applicable statute, no creditor or third party has any rights under this Agreement or any agreement between the Company and any Member with respect to any Capital Contribution or otherwise. A creditor of a Member may not cause dissolution of the Company. A judgment creditor of a Member shall be entitled only to have the interest of the Member charged with payment of the unsatisfied amount of the judgment with interest to the extent provided under applicable law. To the extent so charged, the judgment creditor shall have only the rights of an Assignee with respect to the Interest. Nothing in this Agreement shall be deemed to deprive a Member of the benefit of any exemption laws applicable to the member's Interest, or to make any creditor or third party a beneficiary of this Agreement. 16.19 Legal Representation. The parties acknowledge that this Operating Agreement and the corporate documents for the Company were drafted by JOHN R. DUNHAM, III, ESQ., and that the Members have had the opportunity to seek independent legal counsel and have done so or have waived such opportunity. The parties acknowledge that under the applicable Florida Bar Rules information provided to JOHN R. DUNHAM, III, ESQ. relating to the subject matter of this Agreement will be accessible to all Managers, Officers and Directors of the Company, and that in the event of a "conflict" between parties associated with this arrangement, JOHN R. 19 DUNHAM, III, ESQ. may be required by applicable Florida Bar Rules to withdraw from further representing one or more of the parties hereto or the Company itself. IN WYfNESS WHEREOF, each party has executed this Operating Agreement or a counterpart hereof on the '�''�" day of September, 2016. The undersigned Manager and Member hereby execute and agree to be bound by the terms of this Operating Agreement for LAZY LODGE LLC, a copy of which has been delivered to the undersigned. MANAGER: D. SCOTT LIBERTORE MEMBER: D. SCOTT LIBERTORE 20 Parcel Detail http://www.pitljnassessor.org/assessor/Parcel.asp?AccountNumber... Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Area Account Number Parcel Number FProperty Type 12017 Mill Levy 014 I R012583 1 264509101020 1 RESIDENTIAL F 75.185 Primary Owner Name and Address LAZY LODGE LLC 1440 MAIN ST SARASOTA, FL 34236 Additional Owner Detail Legal Description Subdivision: LAZY O RANCH PUD Lot: 20 Location Physical Address: 12322 LAZY O RD SNOWMASS Physical Address: 12322 LAZY O RD SNOWMASS Subdivision: LAZY O RANCH PUD Land Acres: 17.018 Land Sq Ft: 10 2017 Property Value Summary Actual Value I Assessed Value �— Land: 1 650,0001 46,800 �—Improvements: F 1,576,8001 113,530 Total: 2,226,8001 160,330 Sale Date: 110/20/2016 Sale Price: Additional Sales Detail Basic Building Characteristics 1 of2 1/24/2018 5:02 PM C4 C) O O fD d D N N W N N r m N l< 0 x CL PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and (hereinafter "APPLICANT") AGREE AS FOLLO S: 1. APPLICANT has submitted to COUNTY an application for'�`f 4/ (hereinafter, the "PROJEC "). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 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 the 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 $_ which is based on _ 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 lF ("ADPL") By: Cindy Houben Community Development Director Print Name and Title (if applicable) Date: I (i�� Mailing A drdress: PITIGN COUNTY LANDOWNER AUTHORIZATION OF REPRESENTATIVE AFFIDAVIT This Form provides the opportunity for the property owner to designate a representative to process an application. 1, Douglas Scott Libertore Jr of the County of JPitkin (Property Owner) State of lColorado I have appointed JDoug Rager (representative) to my true and lawful representative act in my name and in my stead and on my behalf in connection with any action necessary in order to apply for permit type: uilding permit c�C!✓``Y�l �' On a certain real property described as follows: Lot 19 & 20 in Lazy O Ranch I, as property owner: 1. Understand that it is my responsibility to make sure that my designated permit representative is aware of and responsible for all requirements necessary to comply and complete with the above aforementioned action. 2. Understand that any requirements placed on the property which contain restrictions or conditions which may be imposed on, and may burden, the subject property shall run with the land regardless of ownership of the property. 3. Take full responsibility for noncompliance of any requirement associated with the above aforementioned action. 4. I the owner have read and understand the land use resolution approvals regarding my property. A pre -submittal meeting is required prior to submission of a building permit application, additionally, if the owner would like to request a preliminary meeting to discuss land use conditions of approval, or pre -submittal documentation requirements, please check the appropriate selection below: 0 I would like to request a preliminary meeting with Community Development prior to my pre -submittal building permit application to understand it more fully. I would like to request a meeting: in person in a virtual meeting. Ml IAI I will not require a preliminary meeting with Community Development before my pre -submittal building permit application. _t LAZY O RANCH HOMEOWNERS ASSOC PO BOX 654 SNOWMASS, CO 81654 CHIARAMONTE FRANCIS P JR MARITAL TRU 44 CANAL CENTER PLAZA #325 ALEXANDRIA, VA 22314 ANDERSON FAMILY TRUST 4 PINNACLE PT NEWPORT COAST, CA 92657 RIEGER RANDY & JULIE 2627 S BAYSHORE DR # 2903 MIAMI, FL 33133 LAZY LOT LLC 1440 MAIN ST SARASOTA, FL 34236 #/o C a w Fn 0 N 0 J U w U Q I LAZY LODGE L,L,C TIVI-('�' ENvEL.O{'� RF:F:VIW � E T — / Et�SEMEN? -- 50' rRONT YARD , 1 el , , , , , , , , , , , , , L�� 2—C rr ri \ \ o \`\\ &-RAVEL DRIVE INS E \ \ A\SPA\L-r ` DRIVE ROCK REi \ . OR fli EXIS-rINC&- �VILDINC� 3n' Slb�E 7ARe NEW [3,VILDIN()- �GiIVITy ENVELOPE EX15-TINC9- r:�VILDIN&-- ENVELOPE A\13�\NDONED SLOPE TABLE MIN. SLOPE MAX. SLOPE COLOR 0.000% 15.000 15.000% 30.000 30.000% 45.000% 45.000% 100.000% L 4\Ly O RO,6\D 3d sIeE 7ARP NEW rt7VII..DINC9- A\cr1vrTy ENvELoFE i i l3V�l...D�NC9- � ENS-T1NC9- l30l.pINb- ENvELoFF: -to (37F:- CONvER7'ED 7'0 -1'ttE A\Ct'iVrTy ENVEI-oFE ENS-TINC9- SftED TO bE REMOVED ENS-TINC9- ►3VIl.dINC5- ENvELoFF: A\rt7A\Nd0N NEW rt7vIl-.DINC9- \c-tivrr7 ENvELGF \ \ \ EXIS-I'IN�-VILDINC9� ENVELO{�--To r�E CONVEKTEP TO - ftE ` ,,,,,c-nVrty EN\x�:LOPE `\ 7405' \ oi0 \ ETA EM\\ EX15"TIN&- RESIDENCE � \` MAON LEVEL 7407.6 `\ ` OWER LEVEL 739 \ \ INO NEW l3VILDlf�d(g / r�'RID(9-E to ADV ' \ \ VPPEN LEVEL \ \ SIS -(INC-, r' VILDIN&- ' i - LAZY 0 RANCH LOT 20 ACTIVITY ENVELOPE/SITE PLAN SCALE: 1 " = 50' 13Rlp(9-E -C'O ADV V FFEk LEVEL ENLARGED LAZY 0 RANCH LOT 20 ACTIVITY ENVELOPE/SITE PLAN 4 SCALE: 1 = 20, DISCLAIMER: t,\PFLICAN-t t,\CKNOWLEP(s-ES ttE/5ttE #A\5 BEEN INfORMED 13 PrrKIN CovNrty Of EXIS-I INC9- ENVIROMNMEN-rA\L ttA\ZARD �RE.�S -('ttj M� �ffFCT -ttE FROPERT , �Ny INWROVEMEN-T5 OR - ftE V5E Of SND OCCV{'�NG/ -r tEREOf, - ftE PROV1510N5 Of'tttE PrrKIN CovTN i�Ee,�-VL,,6-rtION5 DO NOT IN t�\N V1/!�1' 4\55VRE OR IMPL -TftAj A\N A\RE�5 OVT51DE -rtt5 PF:51&-N/\-tED tt�Z�RD �R `� WILL 13E f REE f ROM tf�ZARD OR - ftA\T ?PROVED Mr I&A-t'ION5 MEA5VRE5 WILL (9-V'A\RA\N-TEE -TttE 5,A\fE-r7 Of A\�47 FROPFF--T7. 0WNER/,6\PPLICA\N-T: PrrKIN COVNTy COMMVNrr DEVELOPMENT DIRECTOR ��'�'ROV�L: -rft15 �GTIVrr ENVELOPE/5rrE PLAN tt�5 ►SEEN REVIEWED SND �PFROVED ►3y -i ttE COMMVNrr [EVELOPMEN-r DIRECTOR, PVR5v,A\Nrto DETERMIN'A\rtION • No. RECORDED t'�\5 RECEp-TION PrTKIN COVN-r1' COMMVNr 7 DEVELO?MEMr DIRECTOR CLERK 4 RECORDER CER -TI f ICA\T'E: T#15 LA\Z O LOT 2n �CTIVrr ENVELOPE/5rrE FLAN tt�5 ►3EYN A\CCEFTED 1308 RECORDIN&- IN T'ttE Off ICE Of T'ttE CLERK SND RECORDER Of PrTKIN COVN-r7 COLORADO 7'tt15 -rft15 ply Of V12-019"IN PLA\ -r Boor- A<T �'�C9-E RECF:P t 1ON 4t- CLERK PROPERTY DESCRIPTION: \ \ \ EN5-TIN6- r,VIL PINC�- ENvELoo �E m' GoNvEE-To -TftE �CTIVV '7 ENvV�:LCFE �x'45-'iNe - ft(7T R -fi'Vl�7 -5� eEc� NSW �cr�vrry Lot 20, THE LAZY 0 RANCH, according the the Plat thereof filed March 23, 1994 in Plat Book 34 at Page 11 and according to the Amended Plat of Lot 20, Lazy 0 Subdivision filed July 28, 2000 in Plat Book 54 at Page 30 as Reception No. 445578. Pitkin County, Colorado EEK Rt _ Site - VICINITY MAP - Not to Scale Norrrtt 158 v J � coo J �o t,t LLI J p p O J � � � , N� J W fl (�0 N coo c Lv Z t � W 0 Z o IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. Drawn: JIM BY REVISIONS DATE JM 12/19/17 Title: ACTIVITY ENVELOPE/SITE PLAN Drawing No.: A.1.01 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on May 29, 2018, the Pitkin County Community Development Director granted approval for the Lazy Lodge LLC Activity Envelope and Site Plan Review (Case P008-18; Administrative Decision #041- 2018). The property is located at 2322 Lazy O Road and is legally described as Lot 20, Lazy O Ranch PUD. The State Parcel Identification Number for the property is 2645- 091-01-020. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on AUGUST 23, 2018. PUBLIC NOTICE RE: Lazy Lodge LLC Activity Envelope Review (Case P008-18) NOTICE IS HEREBY GIVEN that an application has been submitted by Lazy Lodge LLC (2440 Main Street, Sarasota, FL 34236) requesting Activity Envelope approval to expand a platted building envelope for construction of terraces/on grade patios. The property is located at 2322 Lazy O Road and is legally described as Lot 20, Lazy O Ranch PUD. The State Parcel Identification Number for the property is 2645-091-01- 020. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by April 16, 2018. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on March 15, 2018. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by April 16, 2018. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. hLtp://pitkincounty.com/DocumentCenterNiew/15653 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 March 1, 2018 Douglas L Rager 1780 Snowmass Creek Road Aspen, CO 81654 ragerarchitect@gmail.com Re: Lazy Lodge LLC Activity Envelope Review ( PID #2645-091-01-020; Case # P008-18) Dear Rager: 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. 1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by March 15, 2018. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development Department may do so by the 16th day of April, 2018. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . Please note that it is you responsibility to post a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 30th day of March, 2018, which is at least fifteen (15) days prior to April 15, 2018. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: County Attorney Colorado Parks and Wildlife Upper Snowmass Caucus FROM: Mike Kraemer, Community Development Department Michael.kraemer(&,pitkincount. Re: Lazy Lodge LLC Activity Envelope Review (PID 2645-091-01-020; Case P008-18) DATE: March 1, 2018 Attached for your review and comments are materials for an application submitted by Lazy Lodge LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, April 16, 2018. http://pitkincounty.com/DocumentCenterNiew/I 5653 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00043744 Name: Lazy Lodge LLC Date: 1/25/2018 Project Address: 2322 LAZY O RD Type: ccrcur # 1007 Permit Number Fee Description Amount 0008.2018.PLAN PP- Flat Fee 3,900.00 0008.2018.PLAN PP- Public Notice Fee 54.00 Total: 3,954.00 w 17nqj"s c DZIC w aX -j�w 0?3cc.0 * • Q 4\91W'1� W /VN:)NS x*'*Y4i'1�4. QSLI-L7,6 (OL6� - � o �� c N� 4 � '� ► o c�L z o 2 •� © `` rn I � z %' C� z = § m CN L 0 -a °° 0 (N oD "I M 4) > < w � � �- �'9�� � � � Iwm>:Wz a G- ,Q .y Q? -Z .Q (L)(n w O w Q .�)A .���� /Z\V11 -Q401 1 - .1 -j .. _ a C.4 '0 : a- C=.3 O < i �C c .3 9► 4.0 o a„ c c; d - V cv .-JrC = I.- v�g z w z to WLL Edi © }. -� i6 Z w A Irl/if 000' 1.00'/' \ I I If z { / 1100' � 01 / / jj� 0Z I f loe�w t 1� `' / \ 7 4� , I .#Ir % \ D ' \ \ \ \ \ \ \ " "-, 4� -cr z J t--- t)-.'� . I , \ \ \ \ \ N., " -"'� "-,"I F- () '�—� 6 " " \.1cs > Z�.. \ \ \\ ',- %%,. '-,, \ "� \ -IV,,,, < \ \ \ \ CL :�o 0 t--. w ;:: 0 � i N. 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