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� CONTRACTS & AGKEL•'N.3NT5 "
, � ., CA 28(81)
NUt�ER:
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? . TYTLE: MICRO CABLE COMMUNICATIONS .
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MEETING DATE: 27 APRIL, 1981 .
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Signed and sealed . , i
Indexed
. Recorded � .
•Copies to: Admiaistration Human Resources •
Airport Land IIse Code File ;
, Assessor I.ibrary • ,
• . • Attorney , ' ' �Managet
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_ ; Snvironmental Health Road and Bridge -'
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, Treasurer • '
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THIS CONTRACT IS Li1�CfPPII) BECAUSE IT WILL NDT BE SI(3�F•D UNTTL'E"IIIAL SUBMLSSION
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� AGREEMENT � ' �
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CA 28(81)
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THIS AGREEMENT made and entered into this day of
, 1981, by and between biicro-cable Communi- �
cations Corporation, a Washington Corporation, hereinafter I�
referr_ed as "Grantor", and the Housing Authority of the �
County of Pitkin, Colorado, a Colorado corporation, organ- �
ized pursuant to the Colorado County Housing Law, C.R.S.
1973, Section 29-4501, et seq, hereinafter referred to as
� "Grantee".
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WHEREAS, Grantor is owner of certain real property �,
. i
located in Pitkin County, Colorado described at Exhibit "A"
- attached hereto and incorporated herein by this reference;
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and �
WHEREAS. in consideration for the PMH rezoning approval
granted to Grantor by the Board of County Commissioners of �
�'� Pitkin County, CoZorado, Grantor is constructing eight �
# �
;� apartment units within the PMH zone and subject to the '
control of the Grantee for purposes of addressing the low,
moderate and middle income housing needs of the area and the
parties hereto wish to insure that said apartment units will ;
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comply with the rental and resale guidelines of the Grantee �
�
and the following terms and conditions of this Agreement. �
NOW THEREfiORE, in consideration for the sum of Ten �'
;. ,
Dollars ($10.00) and other good and valuable consideration,
paid in hand by Grantee to Grantor, the receipt of which is i
hereby acknowledged, the parties hereto agree as follows: �
1, The property subject to the terms of this Agreement
t
is an eight unit apartment building located on Grantor's �. j
2 ;
property described on Exhibit "A" attached hereto and re-
, zoned according to the PMH zone category. It is specifically �
understood and agreed that no other property or improvements =
located on real property described on Exhibit "A" attached ` �
�
hereto and incor j
porated herein by this reference shall be
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2. All apartment unzts subject to this Agreement shall
have minimum six month leases.
3. Grantor's employees shall have first preference for I
� . purchase or occupancy of said apartment units and Grantor f
shall have full and complete authority to sell or rent the �•
_ same to its employees upon terms and conditions which Grantor � �
I
deems appropriate subject to paragraph 2 above; provided �
�
Grantor's employees shall not have such preference for �
purchase of such apartment unless first having resided in
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` such apartment for at least six months. �
• 4. All apartment units subject to this Agreement which �
;
are not sold or rented to Grantor's employees shall be made (
available to Grantee for its placement of qualifying tenants �
�' therein on a rental basis only, provided that Grantor shali i
� have the ri ht to a �
g pprove the terms and conditions of Grantee's
_ leases with such tenants and further provided that the
�',
� „ rentaZs and all other payments to be received from such
� ° tenants shall inure to the benefit of Grantor and comply i
with the rental guidelines established for said tenants by
Grantee.
- 5. The income categories and price guidelines far the
- apartment units subject to this Agreement are as follows: �
a) Two, three bedroom, two bath apartments,
� at 1196 sq. ft., middle income category;
b) Two, two bedroom, 1-1/2 bath apartments, �
at 906 sq, ft., moderate income category;
c) Four, two bedroom, one bath apartments,
at 775 sq. ft., low income category.
The income categories and price guidelines referred to �
above shall be those established by Grantee according t� the
terms and conditions of the Pitkin County Housinq Authority. 1
�
. 6. Notwithstanding the toregoing income categories and �
rental guidelines established by Grantee, Grantor shall have '
. � 1
the right to house its "moderate income" employees in designated '
. '
low income apartments. ' f
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7. In the event Grantor shall condominiumize said "'`y�� �
' apaztment building, the sale of:individual condominium units
shall be restricted to at Grantor's option, persons qualified
by Grantee or to Grantor's employees, and the sale price
shall be subject to Grantee's sale price auidelines for the �
year of any such sale or resale thereafter. A base year of
198I shall be applied to such guidelines to determine the �
appreciation rate between the year built (1981) and the year i
oE sale. �
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Nothing herein sha12 restrict or Zimit Grantor's right j
I
to sell the condominiumized apartments in bulk to a third �
• party purchaser for any sale price that Grantor may obtain, �4
provided however that the rental and resale restrictions set �
forth herein shall control the rental or sale of individual i
� apartments as provided for in this Agreement. '
. � 8. It is agreed that the invalidity of any one or more �
conditions or terms of this Aqreement shall not affect the �-
-`��,..' remaining portions of this Agreement or any other part j
7
� �; thereof, and in such event this Agreement shall be construed
��
- as if such invalid or inapplicable portions had not been set
forth herein. 3
1
9. The parties agree that this Agreement sha].Z be
- - recorded in the real property records of Pitkin County, �
Colorado and be deemed a covenant runninq with the land, and '
;
shall run for the period of life of the survivor of the �
r: present Board of Commissioners of the Pitkin County Housing �~
?• Authority, plus twenty-one (21) years. +
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WITNESSETH whereof the parties hereunto have set their �
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hands and seals this day of , 1981. j
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MICRO-CABLE COMMUNICATTONS, INC. HOUSSNG AUTHORITY PITKIN COUNTY i
a Washington corporation Grantee � (
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By: By:
. Title Chairman of the Board
of Commissioners of
the Pitkin County � I
Housing Authority � +
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Attest: Attest: f
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_ By- By•
Secretary Deputy County Clerk �
� STATE OF COLORADO ) �
) ss. ;
� COUNTY OF PITKIN ) I
The foregoing Agreement was acknowledged before me this ( . .
day of , 1981 by
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Witness my hand and official seal. �;�
My commission expires: �
F"
Notary Public
STATE OF COLORADO )
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- � COUNTY OF PITKIN ) .
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-�,%� The foregoing Agreement was acknowledged before me this
� day of , 1981 by
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Witness my hand and official seal.
My commission expires:
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Notary Public �?
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