HomeMy WebLinkAboutbocc.ord.039.2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO APPROVING A MODIFICATION TO THE OCCUPANCY DEED
RESTRICTION AND AGREEMENT BETWEEN PITKIN COUNTY AND THE ASPEN
VALLEY HOSPITAL DISTRICT AND RELEASING ITS RIGHT OF FIRST REFUSAL TO
PURCHASE THE HOSPITAL ADMINISTRATOR'S RESIDENCE
ORDINANCE NO. 39-2000
RECITALS
1. Pitkin County is the beneficiary of a right of first refusal recorded in a warranty
deed running from Pitkin County to the Aspen Valley Hospital District recorded in the real
property records of the Pitkin County Clerk and Recorder's Office at Book 304 Page 723.
2. The Aspen Valley Hospital Administrator's Residence is currently burdened by
an Occupancy Deed Restriction and Agreement (the "Agreement") recorded in the real property
records of the Pitkin County Clerk and Recorder's Office at Book 765 Page 180, requiring the
approval of the Board of County Commissioners, ( the "Board") prior to any amendment to the
Agreement.
3. Pursuant to the terms of the existing Agreement, the Board has the authority to
approve modifications of the Agreement as well as release the right of first refusal as it relates to
this property recorded for the benefit of the Board.
4. The Board finds that the Aspen Valley Hospital District has and continues to
provide hospital services to residents of Pitkin County through the Aspen Valley Hospital and for
the district continue to provide quality service to the residents of Pitkin County, it is necessary
that this ordinance be approved modifying restrictions to the administrator's residence so that the
district may continue to hire and retain well credentialed hospital administrators.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County,
Colorado that:
1. The Board of County Commissioners, upon execution by Aspen Valley Hospital
District and Aspen Pitkin County Housing Authority of the Occupancy Deed Restriction and
Agreement attached hereto as Exhibit A and incorporated by this reference, and its recordation in
the real property records of the Pitkin County Clerk and Recorder, hereby agrees to release the
Aspen Valley Hospital District from any and all obligations concerning the right of first refusal
to purchase the Aspen Valley Hospital Administrator's Residence contained in the warranty
deed recorded at Book 304 Page 723, and
2. The Board of County Commissioners of Pitkin County, Colorado approves a
modification to the Occupancy Deed Restriction and Agreement to allow the hospital
Ordinance No. 39- 2000
Page 2
administrator to retain occupancy of the administrator's residence following termination of
employment provided that the administrator remains a resident employee of Pitkin County.
INTRODUCED, FIRST READ, AND SET FOR SECOND READING AND
PUBLIC HEARING ON THE 23rd DAY OF AUGUST, 2000.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 26th DAY OF AUGUST, 2000.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON 13TH
DAY OF SEPTEMBER 2000.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 23rd DAY OF SEPTEMBER, 2000.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: � c_ 44 —�7 h04tc�
Jea a Jones, Dep Clerk I Shellie Roy Har er, Chair
APPROVED AS TO FORM:
IJebet anne Kone n
Afi*-btfi;�County Attorney County Manager
c/home/vicki/ords/hospital admin residence.doc
EXHIBIT
OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR ASPEN VALLEY HOSPITAL DISTRICT
ADMINISTRATOR'S RESIDENCE
THIS AGREEMENT is made and entered in this_day of , 2000, by and
between Aspen Valley Hospital District, a Colorado special district, whose address is 0401
Castle Creek Road, Aspen, Colorado 81611 (hereinafter "AVH"), and the Aspen/Pitkin County
Housing Authority, a multi jurisdictional housing authority established pursuant to the
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book
605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter
referred to as "Authority").
WITNESSETH
WHEREAS, AVH applied to the Board of County Commissioners of Pitkin County,
Colorado (hereinafter "BOCC"), for approval of an amendment to the AVH Master Plan
pursuant to Section 3-1.10(E) of the Pitkin County Land Use Code, which Master Plan was
approved by resolution of the BOCC (Resolution No. 92-11), recorded April 30, 1992, in Book
676 at Page 259 of the Pitkin County Clerk and Recorder's Office; and
WHEREAS, AVH with the approval of the Board of County Commissioners has
removed the Occupancy Deed Restriction and Agreement dated July 23, 1994; and
WHEREAS, Paragraph 12(B) of Resolution No. 92-11 provides in part as follows:
"The Administrator's residence shall be deed restricted to resident occupancy but
not to income and rental guidelines."
WHEREAS, it is the intent of this Agreement to impose certain covenants upon the AVH
property to restrict the use of the Administrator's residence to a single-family unit without
farther possibilities of expansion on the site the residence currently occupies.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, AVH hereby covenants and agrees as follows:
1. The use and occupancy of the subject residence as described above and as approved by
Resolution No. 92-11 shall henceforth be limited to resident occupancy, including the
three percent (3%) appreciation rules as stated in the year 2000 Aspen/Pitkin County
Housing Authority Guidelines, but not to income or rental guidelines. AVH may sell the
Administrator's residence to the current administrator, but shall have reserved a right of
first refusal to purchase said residence in the event of any future sale, lease or transfer of
the property, either by the current administrator or by any successor or subsequent owner.
The right of first refusal shall include the following provisions:
a. In the event of a proposed sale or transfer for consideration, the owner shall give
written notice to AVH of the terms and conditions of any bona fide written offer
65474.1 1
for a sale or transfer which has been accepted by the owner, including the
monetary value of the consideration to be paid to the owner if other than in cash;
b. In the event of a lease of the residence, the owner shall give written notice to
AVH of the owner's intention to lease the property, which notice shall include an
independent appraisal of the property by an certified residential appraiser;
C. AVH shall have a period of sixty (60) days after its receipt of the owner's notice
of sale or lease to exercise its right of first refusal to purchase the residence by
giving written notice of said election to the owner;
d. Closing on the purchase shall occur not more than ninety (90) days after the
exercise of the right of first refusal by AVH;
e. The purchase price shall be (i) in the event of a proposed sale or transfer, the price
set forth in the owner's notice of bona fide offer, or (ii) in the event of a proposed
lease, the appraised value set forth in the owner's notice of intent to lease;
f. If AVH elects not to exercise its right of first refusal following owner's notice of
sale, transfer or lease, the owner may proceed to consummate the proposed
transaction, and the property shall remain subject to AVH's right of first refusal
after transfer to a successor owner.
2. Unless modified as stated above, this Agreement shall constitute covenants running with
the AVH property.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on this date
and year above first written.
ASPfN VALLEY HOSPITAL: ASPEN/PITKIN COUNTY HOUSJP3G
. AU'TRORITY
By: By:
Title: Title:
M41i ig Address: 040�astle Creek Road Mailing Address: Exec tyve Director
Aspen, O 81661 Asoen/Pitkin County Housing Authority
�30 East Main, Lower Level
Aspen, CO 81611
65474.1 2
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing document was subscribed and sworn to before me this day of
2000, by as of Aspen Valley
Hospital.
My commission expires
(S E A L)
Notary \,\
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing document was subscribed and sworn to before me this day of
2000, by as of Aspen/Pitkin
County Housing Authority.
My commission expires
(S E A L)
Notary
65474.1 3