HomeMy WebLinkAboutbocc.res.063.2012 RECEPTION#: 590569, 07/12/2012 at
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OF 7, R $0.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING APPROVAL TO THE JAMES GORDON TRUST DESIGNATION OF
WILLIAM E.STAPLETON HOUSE TO HISTORIC REGISTER AND REQUEST FOR
HISTORIC PRESERVATION INCENTIVES,MAJOR AMENDMENT TO OWL CREEK RANCH
SUBDIVISION/PUD,ACTIVITY ENVELOPE AND SITE PLAN REVIEW,GMQS EXEMPTION
AND SPECIAL REVIEW FOR CARETAKER DWELLING UNIT,
AND EXTENDED VESTED RIGHTS
Resolution No.O45-2012
RECITALS
1. James Gordon Trust("Applicant")has applied to the Board of County Commissioners of Pitkin County,
Colorado("BOCC")to request the following approvals:
A. Designate the Stapleton House to the Historic Register.
B. Obtain incentives for the historic designation, including construction of an additional single family
residence of up to 5,750 square feet of floor area and a 10 year vested right.
C. Amend the Subdivision/PUD approval to remove the deed restriction and the existing,non-historic
residence on Lot 11,and to provide alternative mitigation for the deed restricted residence.
D. GMQS Exemption and Special Review to deed restrict the Stapleton House as a caretaker dwelling
unit.
E. Designate an Activity Envelope and obtain Site Plan Review approval for a new single family
residence on lot 11 and the restoration of the Stapleton House.
2. The lot is located at 1365 Owl Creek Road, and is described as Lot 11, Owl Creek Ranch
Subdivision/PUD.
3. The lot is zoned AR-10 and contains 5 acres. The lot contains the historic William E. Stapleton House
and a two bedroom cabin that contains 1,050 net livable square feet.
4. The BOCC approved the Owl Creek Ranch Subdivision/PUD in 1984; the final plat was recorded in
Plat Book 19 at Page 45. The developer of Owl Creek Ranch was required to deed restrict Lot 11 as a
middle income lot,and the approvals contemplated rental of the cabin or sale of the lot to a qualified
resident. The approvals required certain improvements to the cabin(connect to central water system,
upgrade septic system and install a new roof)and contemplated expansion and/or replacement of the
cabin with a new employee dwelling unit of at least 1,100 square feet of floor area,but did not establish
a time requirement for this condition to be met. The approvals did not require preservation of the
historic house. The cabin was rented until 1996,when it was sold to Shannon Stapleton and Gary
Quist. When they purchased the lot,they accepted the Development Obligations. The existing cabin
was not expanded or replaced.
5. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly
scheduled meeting on April 3,2012,and recommended approval by a vote of 2-1.
6. The BOCC considered the proposed application at a duly noticed public hearing on May 23,2012.
Resolution No..914-2012
Page 2
7. The BOCC finds that the Stapleton House meets the criteria in the Land Use Code("Code")for designation to
the Historic Register,as documented by the Historic Preservation Officer.
8. The BOCC further finds that approving construction of an additional single family residence of up to 5,750
square feet of floor area and a 10 year vested right as incentives for the designation of the Stapleton House
to the Historic Register are appropriate,based on the following:
A. The site is significant as it is representative of the important ranching theme in the development of the
region;
B. The Stapleton House sits at a prominent location on Owl Creek Road and is also visible to the public from
the Owl Creek Trail.
C. The Stapleton House has a high level of significance and integrity.
D. The Applicant has committed to stabilize the house immediately and to restore the exterior of the
house within two years.
E. The project meets the County's Preservation Guidelines. The Stapleton House will be restored in
its existing location as closely as possible to the original condition and appearance; no additions
are proposed. The Stapleton House will remain a key element of the property and will be more visible to
the public as seen from the road than the new residence. Open space is retained around the Stapleton
House and the new residence is sited more than 150 feet from the Stapleton House; and the scale
of the new residence—primarily one-story—and the breaking up of the mass of the new
residence into smaller forms with varied rooflines respect the historic setting.
9. The BOCC further finds that the request for one additional residence on a parcel containing an
historic structure complies with the special review criteria and is eligible for a GMQS exemption.
10. The BOCC further finds that the removal of the deed restriction on the lot and the demolition of the
existing, non-historic residence, and the provision of alternative mitigation for the deed restricted
lot/residence is appropriate,based on the following:
A. The deed restricted residence is uninhabitable.
B. The property is burdened with an historic structure, which is currently a hazard and presumably
would be demolished if the lot remains deed restricted.
C. The cost to renovate or build a new deed restricted single family residence would presumably
result in a request to increase the category of the unit.
D. The Aspen/Pitkin County Housing Authority Board supports the request.
11. The BOCC further finds that the proposed Site Plan complies with the applicable provisions of the
Pitkin County Land Use Code, including:
A. The Activity Envelope avoids constrained areas.
B. The new residence has been sited and designed to minimize its visibility from Owl Creek Road and
to minimize its impact on the adjacent Owl Creek Trail, including the orientation of the house
perpendicular to the trail and the Iow profile of the residence with the lower height on the trail side
of the residence.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby grants approval of the
James Gordon Trust Designation of William E. Stapleton House to the Historic Register and granting of
incentives for the designation,Major Amendment to Owl Creek Ranch Subdivision/PUD,Activity
Envelope and Site Plan Review,GMQS Exemption and Special Review for Caretaker Dwelling Unit, and
Resolution No.60-2012
Page 3
Extended Vested Rights, subject to the following conditions,which shall run with the land and be binding
on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application or in public meetings
or hearings and shall consider those representations to be conditions of approval,unless amended by
other conditions.
2. The provisions of all prior approvals for Owl Creek Ranch shall remain in full force and effect,
except as amended herein.
3. Within 120 days of the date of this approval or at the closing when the Applicant acquires the
property, whichever is later,the Applicant shall:
A. Record a Covenant Agreement in a form acceptable to the County Attorney in which the
Applicant agrees to stabilize, preserve, rehabilitate and maintain the Stapleton House in
accordance with the Pitkin County Preservation Handbook. The Covenant shall include a
timeline for the completion of the stabilization and the exterior and interior rehabilitation work,
which may occur in separate phases. The stabilization shall be completed by December 1, 2012.
The exterior rehabilitation shall be completed within two years of the date of this approval. The
Covenant shall be reviewed and approved by the Historic Preservation Officer and the
Community Development Director.
B. Provide mitigation for 2.25 FTEs to replace the existing cabin by making a payment-in-lieu at the
Category 3 level,based on the Affordable Housing Guidelines in effect at the time of payment.
Once the alternative mitigation is provided, the Housing Authority shall release the deed
restriction on Lot 11. Once the deed restriction is released,the Applicant shall submit an
application for a demolition permit for the cabin.
C. Submit for approval by the County Attorney and Community Development Director an
amendment to the Protective Covenants for Owl Creek Ranch to address the change in the status
of Lot 11 from a deed-restricted employee lot to a free market lot.
4. Within 150 days of the date of this approval or within 30 days after the closing when the Applicant
acquires the property, whichever is later, the Applicant shall obtain a building permit to stabilize and
protect the Stapleton House from further deterioration as contemplated by paragraph 3.A above. The
Historic Preservation Officer shall review and approve the stabilization plan. The stabilization plan
shall include but not be limited to the following:
1) Install posts and ceiling supports on the front porch and inside walls to prevent collapse of
structural members.
2) Provide temporary covering of roof to prevent water from coming into the house from above.
3) Seal all windows and door openings to prevent water from coming in from the sides.
4) Cover areas where siding has worn away with suitable water prevention materials.
5) Remove all items from inside the house, including furniture and doors and store them for
future use.
6) Turn off all utilities.
7) Install a temporary fence around the property to prevent entry, and install a lock on the gate.
Resolution NO.IS63-2012
Page 4
5. The Applicant must acquire the property by December 31, 2012 or the approvals granted by this
Resolution shall be null and void. If the Applicant does not close on the Property by December 31,
2012, then the approvals granted by this Resolution shall be automatically rescinded.
6. Within two years of the date of this approval, the Applicant shall complete the rehabilitation of the
exterior of the Stapleton House to the satisfaction of the Pitkin County Historic Preservation Officer
and the Chief Building Official. The exterior rehabilitation of the Stapleton House shall be conducted
in accordance with the Preservation Handbook and under the supervision of the Historic Preservation
Officer. Prior to submission of a building permit application for the exterior rehabilitation work, the
Applicant shall submit a rehabilitation plan to the Historic Preservation Officer for review and
approval. In the event the exterior rehabilitation of the Stapleton House is not then complete, prior to
issuance of a building permit for the additional residence on the lot,the Applicant shall provide a bond,
letter of credit or other financial assurance deemed acceptable by the County Attorney to guarantee that
the rehabilitation work on the Stapleton House shall be completed. A Certificate of Occupancy shall
not be issued for the new residence until a Certificate of Occupancy has been issued for the Stapleton
House.
7. Prior to issuance of the Letter of Completion for the exterior rehabilitation of the Stapleton House,
the Applicant shall install an interpretive plaque on the Owl Creek Trail to educate trail users about
the history of the property and the house. The Applicant shall coordinate with the Open Space and
Trails Recreation Planner or Land Steward regarding the location and design of the sign or plaque,
prior to installation.
8. The additional single family residence is limited to a maximum of 5,750 square feet of floor area
exempt from growth management;the floor area cannot be increased through the use of TDRs or
growth management competition. The Stapleton House shall be limited to its existing floor area.
9. The Applicant shall comply with all standards for development within Scenic View Protection Areas
as represented in the application and approved in this Resolution. The exterior of the additional
residence shall utilize indigenous earth tone materials or colors and the roofs shall have a non-
reflective color or composition. Reflective roof materials shall not be used unless the materials are
treated prior to installation to eliminate reflectivity, with the exception of materials associated with
solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply
with the lighting code. The footprint shall be substantially consistent with the site plan attached as
Exhibit A, and the west elevation shall be substantially consistent with the graphic representation
attached as Exhibit B.
10. Prior to submission of any building permit applications for the lot, the Applicant shall be required to
submit for approval by the County Attorney and Community Development a Site Plan in accordance
with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.12,and an amended plat
for Lot 11 (or other evidence satisfactory to the County Attorney)to relocate the gauging station
easement. The above referenced approvals shall be a condition precedent to finalization and
recordation of them.
11. Prior to issuance of a building permit for the exterior rehabilitation of the Stapleton House,the
Applicant shall obtain a County access/driveway permit for the relocation of the driveway, which
shall be reviewed and approved by the Aspen Fire Protection District and Planning/Zoning. The new
driveway shall be completed prior to commencement of any work on the Stapleton House.
Resolution No.66 3-2012
Page 5
12. Prior to issuance of a building permit for the rehabilitation of the Stapleton House or a building permit
for the additional residence,the Applicant shall:
A. Provide proof of an adequate water supply(in terms of quantity and availability)for domestic and
fire protection purposes,and for irrigation purposes, if applicable.
B. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
C. Obtain a County access/driveway permit to extend the driveway to the additional residence, if
applicable. The permit shall be reviewed and approved by the Aspen Fire Protection District and
Planning/Zoning.
D. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total
development disturbs one(1)acre or more,the Applicant shall apply for and obtain a State
Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater
shall be detained onsite and allow infiltration of runoff prior to discharge.
E. Submit a construction management plan for review and approval by Planning/Zoning.
F. Pay the applicable road and employee housing impact fees.
G. Obtain an On-Site Wastewater Treatment System construction permit from Environmental
Health.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used,the rate at which it will be applied and the method of
cover.
I. Submit a tree mitigation plan for the removal of any trees larger than 6 inch DBH.
J. Submit a detailed landscaping plan, including size and species of trees and shrubs. All species shall
be native. Landscaping shall be substantially consistent with the landscaping shown on the site
plan. Additional landscaping shall be installed between the additional residence and the
Stapleton House to visually separate the two buildings. Landscaping adjacent to the Stapleton
House shall be completed prior to issuance of the Letter of Completion for the exterior
rehabilitation. Landscaping adjacent to the additional residence shall be completed prior to
issuance of the Certificate of Occupancy for the residence.
K. Submit a detailed exterior lighting plan.
13. Prior to issuance of a Certificate of Occupancy for the additional residence,the Applicant shall obtain
and the Housing Office shall record a caretaker dwelling unit deed restriction for the Stapleton House.
Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The
caretaker dwelling unit shall be limited to the existing floor area of the Stapleton House. The kitchen
shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil,
sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot
freezer. The Applicant shall provide two off-street parking spaces for the caretaker unit. The caretaker
dwelling unit must have separately accessible utilities;this does not preclude shared utilities. The
Housing Office may inspect the unit for compliance with these conditions of approval prior to
recordation of the deed restriction.
14. No development in excess of 30"above or below natural grade shall occur within the setbacks of the
lot,with the exception of driveways and associated retaining walls of up to 6' above or below natural
grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any development located within setbacks mandated by County zoning regulations
that does not comply with these restrictions shall require a variance from the Board of Adjustment.
Approval of an activity envelope within such setbacks does not assure approval of a variance.
Resolution No.60-2012
Page 6
15. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection District,
including but not limited to access,turning around of fire apparatus, installation of approved fire
sprinkler systems in all structures,and a minimum 20,000 gallon water supply for fire-fighting or
confirmation of an accessible hydrant in the vicinity.
16. No development shall occur outside of the approved activity envelopes,with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above.
17. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
18. Areas disturbed by construction shall be re-vegetated within one growing season of the project's
completion.
19. No calculations for height,bulk, setback, size,floor area,or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
20. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s)or approval(s) related to this property, or vested rights associated with this
property.
21. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
a j `CY3 , 2022.
Resolution No.63-2012
Page 7
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 19th day of April,2012.
APPROVED AND ADOPTED on the 23`d day of May,2012.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the 1 day of C1/61 ,2012.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY,COLO' DO
By
Iii /1 � �•' • '/
Michael M. Owsley, hairman
A ' EST:
Je•yette Jones,Cler/o the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
„At
ind Houben John E!
Community Development Director my Att..-
Case P008-12; PID#264334301711
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COVENANT AGREEMENT FOR THE PRESERVATION
AND MAINTENANCE OF HISTORIC RESOURCES
THIS COVENANT AGREEMENT FOR THE PRESERVATION AND MAINTENANCE OF
HISTORTC RESOURCES (the "Covenant Agreement"} is made and entered into this 17`".day of
September 2012, by GIM COLORADO HOLDINGS LLC, a Delaware limited liability company
("Declarant"),and Pitkin County,Colorado(the"County"),
This Covenant Agreement shall ruri with the land described herein and be binding upon the
successors and assigns of the parties hereto,subject to the terms and conditions set forth herein.
RECITALS �
A. Declarant owns the real property described as Lot 11, according to the Final Plat of Owl Creek
Ranch, a Planned Unit Development, recorded March 16, 1987 in Plat Book 19 at Page 45 as
Reception No. 286842 in the office of the Clerk and Recorder of Pitkin County, Colorado ("Lot
11").
B. There is an hisioric structure An Lot I 1,known as the "Stapleton House", which is depicted on
Exhibit A and shown in the photos on Exhibit B(the"Historic Structure").
C. The Historic Structure was designated and placed on the Pitkin County Historic Register pursuant
to Board of County Commissioners(BOCC)Resolution No.063-2012("the Resolution").
D. The Resolution was approved on May 23, 2012, and recorded in the records of the Pitkin County
C1erk and Reco'rder on July l 2,2012 as Reception No. 590569.
E. This Covenant Agreement is intended by the parties to satisfy condition 3.A of the Resolution,
which requires a Covenant Agreement in a form acceptable to the County Attorney to be recorded
within 120 days of the date tha Resolution was approved, or at the closing when Declarant
acquired Lot 11, whichever is later, in which Declarant agrees to stabilize, preserve, rehabilitate
and maintain the Historic Structure in accordance with the Pitkin County Preservation Handbook
(the"Handbook").
NOW,THEREFORE,Declarant hereby represents,covenants and agrees as follows:
1. Stabilization, Preservation, Rehabilitation and Maintenance. Declarant shall stabilize,
preserve, rehabilitate and maintain the Historic Structure in accordance with the Resotution, this
Covenant Agreement and the Handbaok. .
2. Timeline for Stabilization.
(a) Stabilization of the Historic Structure shall be completed by December l,2012.
(b) Declarant sha11 obtain a building permit to stabilize and protect the Historic Structure
from further deterioration by October 20,2012. The stabilization plan shall include but not be limited
,
to the following:
(i) Design and install interior posts,beams and other temporary shoring as may be needed to •
prevent further deterioration of the building's structural components and to prevent any
collapse or destruction of the building frame and porch. Stabilization plan should be reviewed
RECEPTION#: 594808, 12113/2012 at
01:31:24 PM,
1 oF 10, R $0.00 Doc Code AGREEMENT
Janice K, Vos Caudill, Pitkin County, CO
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with the HPO before implementation. Stabilization contractor shall meet with the HPO on site
before implementation.
(ii) Provide temporary roofing to prevent water from coming into the house from above.
(iii) Seal all windows and door openings to prevent water from coming in from the sides.
Protect any decorative features and trim materials in danger of further deterioration. Ensure
that sealing materials and fasteners do not damage historic trim,windows and decorative
details.
, (iv). Cover areas where siding has worn away with suitable water prevention materials.
(v) Remove all items`from inside the house,inctuding furniture and doors and store them for
future use. Review any doors,windows or other building elements that are stored in the interior
to determine historic value.
(vi) Turn off all utilities.
(vii) Install a temporary fence around the_property to prevent entry, and install a lock on the
gate.
� 3. Timeline for Exterior Rehabilitation.
(a) Declarant shall complete the rehabilitation of the exterior of the Historic Structure to the
satisfaction of the Pitkin County Historic Preservation O�cer and the Chief Building Official by May
23, 2014.
� (b) The exterior rehabilitation of the Historic Structure shall be conducted in accordance with
the Handbook and under the supervision of the Pitkin County Historic Preservation Officer.
(c) Prior to submission of a building permit apptication for the exterior rehabilitation work,
Declarant shali submit a rehabilitation plan to the Historic Preservation Officer for review and
approval. . � �
(d) If Declarant elects to construct the additional free-market residence on Lot ]l as
contemplated by the Resolution (the "Additional Residence") and the exterior rehabilitation of the
Historic Structure is not complete when Declarant applies for a building permit for the Additional
Residenca,prior to issuance of a building permit for the Additional Residence, Declarant shall provide a
bond, letter of credit or other financial assurance deemed acceptable by the County Attorney to guarantee
completion of the rehabilitation work on the Historic Structure.
(e} Prior to issuance of a building permit for the exterior rehabilitation of the Historic Structure,
' Declarant shall obtain a County access/driveway permit for the relocation of the driveway,which shail
be reviewed and approved by, the Aspen Fire Protection District and Planning/Zoning. The new
driveway shall be completed prior to commencement of any work on the Historic Structure.
(fl Prior to issuance of a building permit for the rehabilitation of the Historic Structure,
Declarant shall submit a detailed landscaping plan for the Historic Structure, including size and species of
trees and shrubs. All species shall be native. Landscaping shall be substantially consistent with the
landscaping shown on the site plan. Additional landscaping shall be installed between the Additional
Residence and the Historic Structure to visually separate the two buildings. Landscaping adjacent to
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the Historic Structure shall be completed prior to issuance of the Letter of Completion for the exterior
rehabilitation of the Historic Structure.
4. Completion of Exterior Rehabilitation. Prior to issuance of the Letter of Completion for
the exterior rehabilitation of the Histbric Structure,Declarant shall install an interpretive sign or plaque on
the Owl Creek Trail to educate trail users about the history of the Historic Structure. Declarant shall
coordinate with the Open Space and Trails Recreation Planner or Land Steward regarding the location
and design of the sign or plaque,prior to installation.
5. Interior Rehabilitation. Declarant is not required to rehabilitate the interior of the Historic
Structure unless Declarant elects to construct the Additional Residence, in which case Declarant must also
rehabilitate the interior of the Historic Structure and make the Historic Structure habitable. If Declarant elects
to construct the Additional Residence, a Certificate of Occupancy shall not be issued for the Additional
Residence until a Certificate of Occupancy has been issued for the Historic Structure.
6. Exclusion. Declarant agrees that the County in no way assumes any obligation
whatsoever for restoring, maintaining, repairing, or administering the Historic Structure covered by this
Covenant Agreement. However,the County shall be entitled to enforce this Covenant Agreement.
7. Inspection and Com lip ance. Declarant agrees that the County shall have the right to
request inspection of the exterior of the Historic Structure to assure compliance with this Covenant
Agreement,which request Declarant shall not unreasonably deny. Notice of any request by the County tp
inspect the .Historic Structure shall be delivered to Declarant in accordance with Paragraph 15 of this
Covenant Agreement. Any inspection shall occur at such times and upon such prior written notice to
Declarant as Declarant may reasonably require. Any inspection carried out pursuant to this Paragraph 7
must be conducted in the presence of Declarant or Declarant's representative(s), unless Declarant
expressly waives the right to be present. The sole purpose of such inspection shall be to ascertain whether
the terms of this Covenant Agreement have been and are being met and to insure compliance with the
terms of this Covenant Agreement.
8. Alterations. Declarant agrees that the Historic Structure shall be maintained in
accordance with the Resolution, and no significant alterations that were not contemplated in the
Resolution shall be made to the exterior of the Historic Structure without the approval of the Pitkin
County Historic Preservation Officer.
9. Standards for Review. Review and approval of any proposed construction, alteration, or
rehabilitation of the Historic Structure shall be evaluated by the Pitkin County Historic Preservation
Officer through use of the Handbook. Declarant agrees to abide by the Handbook in performing any
restoration,construction,alteration,or rehabilitation,of the Historic Structure.
10. Public Purpose. Declarant agrees that all alterations to the Historic Structure shall be in
the spirit of contributing to the public purpose of protecting and preserving the Historic Structure in
conformance with the Handbook.
11. Continuation. In the event that any component part or parts of the Historic Structure are �
destroyed or substantially damaged through no willful action or negligence of the Declarant, and only if it
is jointly determined by Declarant and the County that the Historic Structure is to be preserved and not
removed, all obligations contained in this Covenant Agreement shall continue unabated`. In the event that
the Historic Structure or any part thereof is damaged or destroyed through the willful action or negligence
of Declarant, the County may initiate such administrative or judicial actions as it deems to be legalty
available and appropriate.
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12. Reserved Ri�hts of DeclarandAddition. Declarant shall have all rights to utilize the
Historic Structure as contemplated by the Resolution.
13. Bindin� on Successors to Declarant• Enforcement; Attornevs' Fees. This Covenant
Agreement shall be a binding servitude, and shall run with the land and be binding upon Declarant, its
successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this Covenant
Agreement or by voluntary relinquishment by the County. If Declarant fails to maintain the Historia
Structure as required by this Covenant Agreement, the County shal] have the ability to fix and repair the
Historic Structure consistent with the standards of this Covenant Agreement and collect costs from the
Declarant for such repairs after providing written notice to Declarant in accordance with Paragraph 15
below and giving Declarant a reasonable opportunity to complete such repairs. It is explicitly agreed by
the parties hereto that this Covenant Agreement shall be enforceable in the courts of the State of
Colorado; and that in the event an action to enforce this Covenant Agreement is brought, the party or
parties which substantially prevail in any such enforcement action shall be entitled to recover from the
non-prevailing party(ies)the full cost of such action(including reasonable attorneys' fees and costs). The
County may enforce the terms of this Covenant Agreement through actions for damages or injunctive
relief,or both.
14. Exercise of Rights and Remedies. Failure of the County to exercise any right or remedy
granted under this Covenant Agreement shall not be a waiver of any breach of the agreement or rights or
remedies to enforce the agreement; provided, however, after notice is provided in accordance with
Paragraph 15 of a violation, if the County fails to knowingly enforce a provision of this Covenant
Agreement for five(5)years,it waives its right to do so.
I5. Notices. Any inspection carried out pursuant to Paragraph 7 of this Agreement shall be
at such times and upon such notice to Declarant as Declarant may reasonably require. Any notice,
consent or approval which is required to be given hereunder shall be given by 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 Covenant Agreement, or by faac. In the case of faxed notice, there shall
be duplicate mailed notice�to insure that faxed notice is received. All such notices shall be effective seven
(7)days following the date the notice was deposited in the U.S. Mail or faxed. Said notices,consents and -
approvals shall be sent or faxed to the parties hereto at the following addresses unless otherwise notified
in writing:
To Declarant: GIM Colorado Holdings LLC
c/o Michael R.Fxiedberg
111 East Wacker Drive, Suite 2800
Chicago, IL 60601 �
- Phone: (312)840-4396
Fax: (312)275-76]8
With Copies to: James A.Gordon
Gordon Management,Inc. •
900 North Michigan Avenue, Suite 1800
� Chicago,Illinois 60611
Phone:(312)649-5666
Fax: (3]2)664-8649
Chris LaCroix
Garfield&Hecht,P.C.
601 E. Hyman Ave.
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Aspen, CO 8 t 611
Phone:(970)925-1936
Fax: (970)925-3008
To County: Pitkin County
Community Devetopment Director
13Q South Galena Street
Aspen CO 81611
Phone: (970)920-5526
Faac: (970)920-9439
16. Severabilitv. Whenever possible, each provision of this Covenant Agreement and any
other related document shali be interpreted in such a manner as to be valid under applicabta 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 axtent of such invalidity or prohibition without invaliding the
remaining provisions of such document.
17. Choice of Law. This Covenant Agreement and each and every related document are to
be governed and construed in accordance with the laws of the State of Colorado.
' 18. 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.
19. Section Headin�s. Paragraph or section headings within this Covenant Agreement are
inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in
the construction of any terms or provisions contained herein.
20. Waiver. No claim of waiver, consent or acquiescenee with respect to any provision of
this Covenant Agreement shall be valid against any parly hereto except on the basis of a written
instrument executed by the parties to this Covenant Agreement. However, the party for whose benefit a
co.ndition is inserted herein shall have the unilateral right to waive such condition.
21. 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 plura] and vice
versa.
22. Further Actions. The parties to this Covenant 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 Covenant Agreement or any agreement or document relating hereto or entered into in
connection herewith.
23. Modifications. The parties to this Covenant Agreement agree that any modifications of
this Covenant Agreement shall be effective only when made by writings signed by both parties and
recorded with the Clerk and Recorder of Pitkin County,Colorado.
� 24. Campliance with Resolution. Notwithstanding the actual date that this Covenant
Agreement is recorded, the County agrees that this Covenant Agreement was timely submitted by
Declarant in accordance with the Resolution, and that recording of this Covenant Agreement after
execution by Declarant and the County satisfies condition 3.A of the Resolution (which requires this
Covenant Agreement to be recorded within 120 days of the date the Resolution was approved, or at the
closing when Declarant acquired Lot 11,whichever is later).
5
r
�
IN WITNESS WHEREOF,the parties hereto have executed this instrument on the day'and year
first above-written.
DECL T:
GIM C RADO HOLDINGS LLC,a Delaware limited liability company
B
ichael R.Friedberg,Manager
THE COUNTY:
Board of County Commissioners
Pitkin C unty,Colorado
By: t
Mich el M.Owsley,Chairman ��,,,��
�
STATE OF � )
)ss.
COLTNTY OF )
The foregoing Covenant Agreement was acknowledged before me this��`day of
��P�,2012 by Michael R.Friedberg,Manager of GIM Colorado Holdings LLC,a Delaware
li ited liability company.
WITNESS my hand and official seal.
My commission expires:
.'°
Notary Publi
STATE OF CD(-��,�FpO ) '��F M RY FOR E A L"
)ss. NOTARY PUBLIC,STATE OF ILLINOIS
COUNTY OF P� � ) MY COMMISSION EXPIRES 7l9/2015
The foregoing Covenant Agreement was acknowledged before me this �2 day of
2012 by Michael M. Owsley,Chairman of the Board of County Commissioners of
Pitkin County,Colorado.
WITNESS my hand and official seal.
My commission expires: �
?-t�iy �
` No ry Public
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