Loading...
HomeMy WebLinkAboutbocc.con.187.2007RECEPTION#: 543649, 10/30/2007 at 11:49:39 AM, 1 OF 6, R $0.00 Janice K. Vos Caudill, Pitkin County, CO CONTRACT # I g I- ~~~ COVENANTAGREEMENT FOR THE OCCUPANCYAND RESALE OF 1518 WEST B UTTERMILK ROAD (Relating to Employee Housing Mitigation Fees) THIS COVENANT AGREEMENT FOR THE OCCUPANCY AND RESALE OF 1518 West Buttermilk Road (the "Agreement") is made and entered into this 16th day of October 2007, by Gregory Gozzo (hereinafter referred to as "Owner"), for the benefit of the parties and enforceable by the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as "County"). This Agreement replaces the Occupancy and Resale deed restriction recorded at Reception Number 525 875 as was amended by the deed restriction recorded at Reception Number 526 172, in the Pitkin County Clerk and Recorder's Office. WITNESSETH: WHEREAS, Owner owns the real property described in Exhibit A, Pazcel Identification Number 273503300046. For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, Owner, in order to pay an Employee Housing Mitigation Fee ("EHMF") pursuant to Ordinance No. 023-2005, agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers," as that term is defined in this Agreement or to pay the EHMF which would otherwise be applicable to the Property if the Owner did not qualify as a Qualified Buyer calculated at the rate applied to Non-Qualified, Transferee(s) as that term is defined by this Agreement at the time of transfer. By this Agreement, Owner agrees to continue to meet the requirements of a "Qualified Buyer" and restrict the Property against use and occupancy inconsistent with this Agreement. WHEREAS, "Qualified Buyers" are natural persons meeting the residency qualifications set forth in the Aspen/Pitkin County Housing Authority Employee Housing Guidelines (hereinafter the "Employee Housing Guidelines"), or its substitute, as adopted by the Aspen/Pitkin County Housing Authority ("APCHA"), or its successor, and in effect at the time of the closing of the sale to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Property as their principal place of residence, not to engage in any business activity on the Property, other than that permitted in that zone district or by applicable ordinance, not to sell or otherwise transfer the Property for use in a trade or business; and to continue meeting the residency requirements as stated in this Ageement. WHEREAS, an "Owner" is a person or persons who is/are a Qualified Buyer who acquires an ownership interest in the Property in compliance with the terms and provisions of this Agreement, or any other person or legal entity owning an interest in the Property; it being understood that such person, persons or entity shall be deemed an "Owner" hereunder only during the period of his, her or their ownership interest in the Property and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. WHEREAS, this document supercedes any previous covenant agreement for occupancy and resale associated with this Property. NOW, THEREFORE, for value received, the receipt and sufficiency of which are hereby RECEPTION#: 593699, 10/30/2007 at 11:49:39 AM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO acknowledged, Owner hereby represents, covenants and agrees as follows 1. The use and occupancy of the Property shall for so long as this Agreement shall remain if effect, henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families. 2. An Owner, in connection with the purchase of this Property must: a) occupy this Property as his or her principal place of residence during the time that such Property is owned; b) not engage in any business activity on such Property, other than permitted in that zone district or by applicable ordinance; c) sell or otherwise transfer such Property only in accordance with this Agreement and the Employee Housing Guidelines; d) not sell or otherwise transfer such Property for use in a trade or business; e) not permit any use or occupancy of such Property except in compliance with this Agreement. Recertification of residency and the ownership of other property shall be required as contained in the Employee Housing Guidelines. 3. The provisions of this Agreement shall constitute covenants running with the Property, as a burden thereon, for the benefit of, and shall be specifically enforceable by the County, and its respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction ofnon-complying owners and/or occupants. 4. In the event that title to the Property vests by descent in, or is otherwise acquired by, any individual and/or entity who is not a Qualified Buyer as that term is defined herein (hereinafter "Non- Quaiified Transferee(s)"), the Property shall at the option of the Owner a) immediately be listed for sale at the highest bid by a Qualified Buyer under APCHA's procedures or, b) the Owner and Non- Qualified Transferee(s) shall be obligated as a precondition to the sale to aNon-Qualified Transferee to pay the County's EHMF calculated at the rate of the County's affordable housing mitigation fee less the amount $15,498.00 paid by the Owner as his, her or their EHMF at the time of this Agreement. OWNER RESIDENCE AND CONTINUING COMPLIANCE 5. The Property shall be utilized only as the principal place of residence of an Owner. 6. In the event an Owner changes domicile or ceases to utilize the Property as his principal place of residence, or otherwise ceases to be in compliance with the applicable Employee Housing Guidelines or this Agreement, at the option of the Owner, the Properly a) immediately be listed for sale and the highest bid by a Qualified Buyer shall be accepted or, b) the Owner and/or Non- Qualified Transferee(s), if any, shall be obligated to pay the deferred portion of the County's EHMF calculated at the rate of the County's EHMF less the amount $15,498.00 paid by the Owner as his, her or its EHMF at the time of this Agreement. An Owner shall be deemed to have changed his or her domicile by becoming a resident elsewhere, or residing on the Property for fewer than nine (9) months per calendar year without the express written approval of the County. Upon payment of the sums required pursuant to 4 b) and 6 b) of this Agreement, as determined by the County, the County shall release this Covenant. 8, Payment of sums calculated under 4 b) and 6 b) of this Agreement shall be due and payable at the time transfer of the Property by the Owner to aNon-Qualified Transferee. ti RECEPTION#: 543649, 10/30/2007 at 11:49:39 AM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO REMEAIES 9. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shalt be awarded damages and costs, including reasonable attorneys fees. 10. In the event the Property is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of the Property, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference thereinto this Agreement. 11. In the event that the Owner fails to cure any breach, the County may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property by qualified Owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. GENERAL PROVISIONS 12. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To County: Hilary Fletcher Pitkin County Manager 530 East Main, 3`d Floor Aspen, Colorado 81611 To Owner: Gregory Gozzo 430 Toney Penna Drive Suite 5 Jupiter, FL 33458 13. Exhibits. Any exhibits attached hereto are incorporated herein and by this reference, made a part hereof. 14. Severabiliri. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 3 RECEPTION#: 543649, 10/30/2007 at 11:49:39 AM, 4 OF 6, Janice K, Vos Caudill, Pitkin County, CO 15. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 16. Successors. Except as otherwise provided herein, the provisions and covenant contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 17. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition, provided that such waiver is in writing. 1 S. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 19. Personal Liability. The Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 20. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 21. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. J 22. Attom F e - I the event of any litigation azising hereunder, the prevailing parties shall be entitled t a d of the costs thereof, together with reasonable attorney fees. above IN }t61'I'~~S~WHEREOF, the parties hereto have executed this instrument on the day and year Gregory ozzol r ~0 2 C ~u /! y ~ O A 17 /e ~E iyT.f L~ [- P fo R,EGo,i y G o z z 0~ Co 6icrCk,4L PR/27/VE/1- STATE OF ) ~' ~ i t~ A ) ss. couNTY o ~a/~ BB~~ The foregoing instrument was acknowledged before me this ~8~y of ~~~007 by Witness my hand and official seal. ` My commission expires: 3 /G /D~ nA ~/! ~~ ~ GII.L No Public MY COMMISSION M DD9M9r6 ~p ~,~ FJ~IRF3: Moeh06.2009 ~'d ~.~. Y7. po1MY DYmutl MOn Ca RECEPTION#: 543699, 10/30/2007 at 11:49:39 AM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO ACCEPTANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PITI{IN COUNTY. COLORADO The foregoing Covenant Agreement for the Occupancy and Resale of ] 518 West Buttermilk Road of the Board of County Commissioners of Pitkin County, Colorado and its terms are hereby adopted and declared by the Board of County Commissioners of Pitkin County, Colorado. BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO By: MichaelOwsley, ai rson STATE OF COLORADO COUNTY OF PITKIN ss. The foregoing instrument as acknowledged before me this ~ day of ~ tOBfe h, 2007, by _ fjf /C~~ ~e/ n~ ~G.5~4T, as Chair of the Board of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: /O / G / OS' {~{ i "r. M 2~.~, ~~rl~ N ~ . .~ 5 RECEPTION#: 543649, 10/30/2007 at 11:49:39 AM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO $xhibiE A Legal Desariptioa A tract of land, art of Lot 12 in the SE~t of the SWLt of Section 3, Townsh'p 10 South, Range 85 West of the 6th P.M., Pitkin Coun y, Colorado, more fully described as follows: Begin at a point n the Easterly R.O.W. line of the Buttermilk West R ad from which the Sit corner of said section 3 bears 530 degrees 33' E 1103.37 feet; Thence N 59 degrees 47' E 35.90 feet; Thence S 32 degrees 00' E 250.50 feet; Theme 5 61 degrees 00' W 351.44 feet to the Easterly R.O.W. line; Thence 246.23 feet on said R.O.W. line, along a cur~he to the right having a radius of 943.30 feet, the chord of which bears N 28 degrees 25' W 243.07 feet to the Point of Beginning. I III I VIII IIIIII IIII IIIIIII VIII VIII III VIII IIIVIII 079 02005 11 : 01R JRPJICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 DEED RESTRICTIONAGREEMENT FOR THE OCCUPANCYAND RESALE OF TH)(S DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OFi ~_ ~ /1 ~~~,t,1 , ~U (the "Agreement") is made and entered into this ~ day of 2000, by OWNER (hereina er referred to as "Owner"), for the benefit of the parties and enforceable by the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Owner owns the r 1 property describe as n n /~ p yL a~~ j ~, j/ 8' (,~ ~S`-T .~i'TTf-i21M1t ~Lr!C ~ p~iS~F~f; (, ~ ~~C'' «For purposes of this Agreement, the real property and all dwellings, appurtenances, improv eme nts and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, Owner agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers," as that term is defined in this Agreement. By this Agreement, Owner agrees to continue to meet the requirements of a "Qualified Buyer" and restrict the Property against use and occupancy inconsistent with this Agreement. WHEREAS, "Qualified Buyers" are natural persons meeting the residency qualifications set forth in the Aspen/Pitkin County Housing Authority Employee Housing Guidelines (hereinafter the "Employee Housing Guidelines"), or its substitute, as adopted by the Aspen/Pitkin County Housing Authority, or its successor, and in effect at the time of the closing of the sale to the Qualified Buyer, and who must represent and agree pursuant to this '-1, Agreement to occupy the Property as their principal place of residence, not to engage in any business activity on the ry Property, other than that permitted in that zone district or by applicable ordinance, not to sell or otherwise transfer the `~ Property for use in a trade or business; and to continue meeting the residency requirements as stated in this .~ Agreement. ~_~ ' ~ . WHEREAS, an "Owner" is a person or persons who is/are a Qualified Buyer who acquires au ownership " ~~ interest in the Property iu compliance with the terms and provisions of this Agreement, or any other person or legal entity owning an interest in the Property; it being understood that such person, persons or entity shall be deemed aII u ''Owner" hereunder only during the period of his, her, their or its ownership interest in the Property and shall be r`" obligated hereunder for the full and complete performance and observance of all covenants, conditions and ~ restrictions contained herein during such period. 2 L' WHEREAS, this document supercedes any previous deed restriction agreement for occupancy and resale ~.a ~ associated with this Property. 4 ; NOW, THEREFORE, for value received, the receipt and sufficiency of which are hereby acknowledged, ~~ Owner hereby represents, covenants and agrees as follows: ~~ ~, ~ 1. The use and occupancy of the Property shall henceforth be limited exclusively to housing for natural persons ~ who meet the definition of Qualified Buyers and their families. T' ~~ 2. An Owner, in connection with the purchase of this Property must: a) occupy thisl Property as his or her principal place of residence during the time that such Property is owned; b) not engage in any business activity on such Property, other than permitted in that zone district or by applicable ordinance; c) sell or A otherwise transfer such Property only in accordance with this Agreement and the Employee Housing et Guidelines; d) not sell or otherwise transfer such Property for use in a trade or business; e) not permit any use v y 525875 .~ Illllllllllllllllllllllllllllllllllilllllllllllllllilll 06929/2006 10 04t JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.0© n I IIIIII IIIII IIIIII IIII (IIIIII IIIII IIIII III IIIII IIII IIII 0790 2006 11 01 A JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 or occupancy of such Property except in compliance with this Agreement. Recertification of residency and the ownership of other property shall be required as contained in the Employee Housing Guidelines. 3. This Agreement shall constitute covenants running with the Property, as a burden thereon, for the benefit of, and shall be specifically enforceable by the County, and its respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction of non-complying owners and/or occupants. 4. In the event that title to the Property vests by descent in, or is otherwise acquired by, any individual and/or entity who is not a Qualified Buyer as that term is defined herein (hereinafter "Non-Qualified Transferee (s)"), the Property shall immediately be listed for sale and the highest bid by a Qualified Buyer shall be accepted. OWNF,R RESIDENCE, EMPLOYMENT AND CONTINUING COMPLIANCE 5. The Property shall be and is/are to be utilized only as the principal place of residence of an Owner. 6. In the event an Owner changes domicile or ceases to utilize the Property as his principal place of residence, ceases to be a full-time employee in accordance with the applicable Employee Housing Guidelines, or otherwise ceases to be in compliance with the applicable Employee Housing Guidelines or this Agreement, the Property will be offered for sale. An Owner shall be deemed to have changed his or her domicile by be- coming aresident elsewhere or accepting permanent employment outside Pitkin County, or residing on the Property for fewer than nine (9) months per calendar year without the express written approval of the County, or by ceasing to be a full-time employee. REMEDIES 7. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be awarded damages and costs, including reasonable attorneys' fees. 8. In the event the Property is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. EacII and every conveyance of the Properly, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 9. In the event that the Owner fails to cure any breach, the County may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property by qualified Owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. GENERAL PROVISIONS I0. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: IIII IIIII IIIIII IIII IIIII II III III IIII III 069 9/82 86 10:04 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.00 To County: Hilary Fletcher Smith Pitkin County Manager 530 East Main, 3~d Floor Aspen, Colorado 81611 To Owner: G 2f ~ ~ ~ `~ ~ n r e d S u riF ~S~ y3e~ 7~,,v~ p~iynr.q- rlt- 11. Exhibits. All exhibits attached hereto are incorporated herein and by this reference made a part hereof.. 12. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 13. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 14. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 15. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition, provided that such waiver is in writing. 16. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 17. Personal Liability. The Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 18. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 19. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado I IT ~~SS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. f// 1 ` 526172 STAT F 1- LL3 ~ l l~.~' ~ 1111111 VIII 111111 IIII 1111111 VIII VIII III VIII IIII IIII 07907/2006 1l :01R SS. JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 9 88006 10,04; JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.00 COUNTY OF ~4~rYl ~E~-e%~ ~'~-- ,~}, The forego instrument was acknowledged before me this / day of //`~ 200~by E ~D"~ Z-v Witness my hand and official seal. ~"`=~ ARLENE M. GILL MY COMIvIISSION N DD402976 FJ~DtES: March (16.2009 I~iOUJ~NOTARY ~. Notary Dismount Assoc Co. My commission expires: 3 /le l ~ ~l °'"~ m, ary Public I IIIIII VIII IIIIII IIII (IIIIII VIII VIII III VIII IIII IIII 079 6f2@06 11 03R JfiNICE K VOS CF7UDILL PITKIN COUNTY CO R 0.00 D 0.00 IIII IIII IIIIII IIII IIII I III I III IIIIII III III 06g 9/02006 10 :04 ~, JRNiCE K VOS CAUDILL PITKIN COUNTY CO R 36.00 D 0.00 ACCEPTANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO The foregoing Deed Restriction Agreement for the Occupancy and Resale ofy~~,~ /K h/S/~~~ of the Board of County Commissioners of Pitkin County, Colorado and its terms are hereby adopted and declared by the Board of County Commissioners of Pitkin County, Colorado. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: l/G~e~~,6 hair (or designee) STATE OF COLORADO ss. COUNTY OF PITKIN ) -~/ G ut, y~ e fore ng instrument was acknowledged before me this ~~ day of ~.~ ~ti2.~! , 200, by //~ -~/~ 4 ~ xL?f /7 , as Chair of the Board of County Commission rs of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: / ~ / .! ~ ~N~U~nrym ,,r ~` ,', Y y t ~ . ~ l 7y) ,'~ 'o ~ . 7~~ o .} ~ .~ v ~ i ~ i .~~ ~' ~ 1 Illill VIII IIIIII IIII IIIIIII VIII VIII III VIII IIII IIII 5 0~ z 0s i 1 JRNICE K VOS CRUDILL PITKIN COUNTY CO .01P R 0.00 D 0.00 ~ Illill VIII Illlil IIII IIIIiI VIII Illlli ~~~ VIII IIII IIII 6g 5~ 0610 : 04F JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.00 I EXHIBIT "A" Legal Description EXHIBIT "B" Permitted Capital Improvements The term "Permitted Capital Improvement" as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; c. Improvements for the benefit of seniors and/or handicapped persons; d. Improvements for health and safety protection devices; e. Improvements to add and/or finish permanent/fixed storage space; and/or f Improvements to finish unfinished space. 2. Permitted Capital Improvements as used in this Agreement shall NOT include the following: a. Landscaping; b. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets and other similar items included as part of the original construction of the Improvement; c. The cost of adding decks and balconies, and any extension thereto; d. Jacuzzis, saunas, steam showers and other similar items; e. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other similar items; and/or f. Upgrades or addition of decorative items, including lights, window coverings and other similar items. 3. All Permitted Capital Improvement items and costs shall be approved by the County. 4. The Permitted Capital Improvements shown hereon shall he subject to such additions, deletions and modifications as may be set forth in the Employee Housing Guidelines from time to time; provided that if any improvement is made at a time when it would be deemed a Permitted Capital Improvement hereunder or under the Employee Housing Guidelines, such improvement shall be deemed a Permitted Capital Improvement at all times notwithstanding any modification of the Employee Housing Guidelines. IIIIIII VIII IIIIII IIII IIIIIII VIII VIII III VIII IIII IIII 079 0 2006 11.01 R: JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 I IIIIII II IIIIIII IIII IIII VIII IIIIII III VIII IIII IIII 06/29/82006 1@ 04 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.00 r2 Exhibit A Lot 3, West Buttermilk subdivision A tract of lard, part of Lot 12 in the SE 1l4 of the SW 114 of Section 3, Township 10 South, Range 85 West of the 6th P.M., Pdkin County, Colorado, more fully describctd as fdbws: Begin at a point on the Easterly I2.O.W. Nne of the Buttermilk West road from which the S1/4 comer of said Section 3 gears S 30°33' E f 103.37 feet; thence N 59°47' E 335.80 feet; thence 5 32°00" E 250.50 feet; thence S 61 °00' W 351.44 feet to the said Easterly R.O.W. Grre; thence 246.23 on said R.O.W. Gne, along a curve to the right having a radius of 443.40 feet, the chord of which gears N 26°25' W 243.07 feet to the Point of Beginratg. I1lilllllllllllllllllllllllllllllllllllllllllll 596 ~'? 7 JRIJICE K VOS CRUDILL PITKIN COUN 11111111 07/07/20@6 11:026 TY CO R 0.00 D 0.00 I IIIIII VIII ~III~I III ~IIIII VIII II~III III ~I~II IIII III 6/ 9/$2 I rJ 7 JFi1JICE K VOS CFlUDILL PITKIN COUNTY CO 006 10.04E R 36.00 D 0.00 !~