HomeMy WebLinkAboutbocc.con.189.2008RECEPTIONM: 550334, 06/18/200a at
09:40:17 AM, CONTRACT # 8~o~r
1 of s, R $0.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
PROTECTIVE COVENANT
HELVETIC ENDEAVOURS, LLC
/7~
THESE PROTECTIVE COVENANTS are made and entered into this3rd day of June, 2008,
by HELVETICA ENDEAVOURS, LLC (hereinafter referred to as "Owner', whose address is
365 Hall Road in Aspen„ Colorado, located in the County of Pitkin, State Parcel Identification
Number 2735-14401-003, s~ the BOARD OF COUNTY COMMISSIONERS OF PffICIN
COUNTY, COLORADO.
WITNESSETH:
WHEREAS, Helvetica Endeavours, LLC is the owner of the real ptopeRy situated in
Pitkin Coumy, Colorado, described as Lot 2 of the M.A.A. Ice. Filing No. 1 as described on the
amended plat of record in Plat Book 4 at Page 466 of the real property records of Pitkin County,
Colorado (referred to herein as "the Property").
WHEREAS, as a condition of the approval greased by the Board of County Commissioners of
Pitkin County, Colorado for approval of a GMQS Exemption for Replacement Units, 1041
Hazard Review and Special Review for a CDU, in resolution 122-2006, the Owner is required to
enter into these Covenants; and
NOW THEREFORE, the Owner does hereby publish and declare that the following
terms, covenants, conditions, easements, restrictions, uses, limitations and obligations shall be
deemed to run with the land, shall be a burn and a benefit to the Owner, its successors or
assigns, and any person or entity acquiring or owning an interest is the Property or any portion
thereof.
I. No Further Subdivision and/or Condominiumization. The Property is hereby
restricted against any further subdivision into smaller lots and / or condominiumization at
anytime, notwithstanding the underlying zoning. No owner of the Property shall be
allowed to condominiumize and/or subdivide ; the Property into smaller lots.
2. Covenant Runs With the Land. The covenants set forth in this document shall run
with the land and shall be binding upon and inure to the benefit of the owners and their
respective heirs, successors and assigns.
3. Er f}~ort The covenants, restrictions and conditions contained in these
Protective Covenants may be enforcod 9I any time by the Owner, as the owner of the
Property, its stucessors or assigns, or by the Board of County Commissioners of Pitkin
County, Colorado. These covenans shall be enforceable by proceeding for prohibitive or
mandatory injuactioa or action for damages or expenses of maintenance. Actual damages
may not be deemed ao adequate remedy for breach or violation and, in an appropriate
case, the Court may award punifive damages. In any action to enforce any coveoaat,
restriction or condition contained in these protective covenants, the prevailing party or
parties shall be entitled to an award of reasonable attorneys' fees and costs incurred by
the prevailing party in such enforcemcnt action. No violation or breach of these
protective covenants and ra action to enforce the same shall defeat, Wender invalid or
impair the lien of any mortgage or deed of trust taken in good faith and for value, or tbe
title or interest of the holder thereof, or the title acquired by any purchaser upon
foreclosure of any such mortgage or deed of trust.
4. Breach of Covenant.
a) This Covenant shall constitute a covenant running with the Property as a burden
thereon for the benefit thereof, end shall be specifically enforceable by the County and
its successor, by any appropriate action, legal or equitable. In the evert the Declarant
fails to cure any breach, the County may resort to any and all available legal action,
i~luding but rat limited to judicial relief in the form of any injunction regarding
conveyances. In the event the parties resort to litigation with respect to any or all
provisions of this Agreemert, the prevailing party shall be awarded damages and costs,
including but not limited to reasonable attorney's fee, plus an administrative fee of 5% of
all scans.
b) There is hereby reserved to the parties hereto, any aad all remedies provided bylaw
for breach of this Agreement or any of its terms.
c) In the event the Property or portion of the Property is soldand /or conveyed without
compliance herewith, st~h 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 referenced therein to this
Covenant.
5. Modifications. Tire parties to this Covenant agree that any modifications of this
Covenant shall be effective only when made by writings signed by both parties and
recorded with the Clerk and Recorder of Firkin County, Colorado.
6. Severabilitv/Waiver. Invalidity or unenforceabflity of any provisions of these
Protective Covenants, in whole or in Qart, shall not affect the validity or enforceability of
any other provision or aay valid and enforceable part of a provision of these Protective
Covenarts. Failure by any party with the authority to enforce any of the terms,
conditions, covenants or provisions contained herein stall in no event be deemed to be a
waiver of tbe right to enforce the same or any other term, condition, covenant or
provision in the fimrre.
7. Section Headings. The section headings is this instrument are for convenience
only and shall not be considerod in construing any provisions of these Protective
Covenants.
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IN WITNESS WHEREOF, these Protective Covenants are executed this ~ day of
June, 2008. ,~~
~~Jamie Musgmv Hall, e ~~~ ~QQf
for Helvetica Endeavours, LLC
STATE OF COLORADO }
)ss.
COUNTY OF PITKIN )
Theegoing instrume~ was acknowledged before me this ~ da of Jun 2008
~/Qm~-~ /~I 1.>'SG)~(}~, ~ ~~ DIANE R MARSHALL
-~ NOTARY PUBLIC
WIThiESS my hand and official seal, STATE OF COLORADO
t/!~QZ~// MY Canmission Ezplres 0 912 0/20 7 t
My commission expires
Notary Public
ACCEPTANCE BY PITICIN COUNTY, COLORADO
The foregoing Agreement and its terms are accepted by the PITKIN COUNTY BOARD
OF COUNTY COMMISSIONERS.
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