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(� RECEPTION#: 598086, 03/28/2013 at
CONTRACT#//�"��3 11:53:47 AM,
1 OF 13, R $0.00 Doc Code AGREEMENT
Janice K.Vos Caudill, Pitkin County, CO
VESTED PROPERTY RIGHTS AGREEMENT AND COVENANT AGREEMENT
FOR THE PRESERVATION OF HISTORIC RESOURCES
THIS VESTED PROPERTY RIGHTS AGREEMENT AND COVENANT
AGREEMENT FOR THE PRESERVATION AND MAINTENANCE OF HISTORIC
RESOURCES (the " Agreement") is made and entered into this?1 day of Mara.
2011, by HGL, LLC (hereinafter referred to as "Declarant"), and Pitkin County, Colorado (the
"County"). This Agreement replaces the previous HISTORIC STRUCTURE DEED
RESTRICTION AGREEMENT recorded September 7, 2006, as Reception No. 528313 and shall
run 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 located at 26801 Highway 82 at the intersection of
Highway 82 and Lower River Road, which is more specifically described in Exhibit A
attached hereto and incorporated herein (the "Property"). The property contains 5.71
acres. The property is improved with an historic residence (the"Old Home",building#10),
seven small cabins (the "Snowmass Cottages", buildings #1 to 7) and several outbuildings,
including buildings #8 & #9. The residence was built in 1894 and expanded in 1948.
Cottages were initially built in 1946 and the property functioned as a year round vacation
resort.
B. Pursuant to Resolution No. 97-145 the BOCC designated the Old Home to the then Pitkin
County Historic Inventory, granted a growth management exemption for an additional
residence of up to 5,750 square feet of floor area, and established a building envelope for
the new residence.
C. The Community Development Director granted 1041 hazard review approval to re-
establish the building envelope and obtain a new vested right, pursuant to Administrative
Decision No. 61-2006. The Director also approved a landscape envelope along the
highway to improve the existing berm and provide additional landscape screening. The
site plan was recorded in Plat Book 81 at Page 10 and a Historic Structure Deed
Restriction Agreement was recorded as Reception No. 528313.
D. Pursuant to Resolution No. 060-2010 recorded at Reception No. 573470 of the Pitkin
County Records, the BOCC granted an extension of vested real property rights until May
12, 2013; designated the "Old Home" to the Pitkin County Historic Register; and listed
Snowmass Cottages 1-6 on the Pitkin County Historic Inventory. The cottages were
found to represent the development of tourism in the Roaring Fork valley during the mid
century. The cabins display a range of integrity, however their significance is increased
by the fact that they are a group. Additionally, the remnant of a log cabin that is included
in outbuilding#8 was included in the inventory, to the extent that the remnant contributes
to the character of the site. The Old Home and Cottages are depicted and numbered on
the site plan attached hereto as Exhibit B and are shown in the photographs attached
hereto as Exhibit C.
E. The purpose of this Agreement is to satisfy the requirements of condition No. 3 of the
Resolution.
NOW,THEREFORE, Declarant hereby represents, covenants and agrees as follows:
A. Vested Property Rights Agreement
1. Prior Documents Superseded. The Historic Structure Deed Restriction Agreement recorded as
Reception No. 528313 in the Pitkin County Records, is hereby declared void and is
superseded and replaced by the Resolution and this Agreement.
2. Vested Rights. Pursuant to the Resolution, the BOCC granted and hereby grants and
confirms to the Owner vested property rights, which vested property rights shall run with
the Property, for a period of three years from the date of approval of the Resolution, that
is until May 12, 2013, for an with respect to all of those development rights under the
Resolution. The Resolution and this Agreement, all as may be amended or supplemented
from time to time, between the parties, collectively granting and defining the final
approvals for the Property ("Approvals") constitute an approved "site specific
development plan" pursuant to § 24-68-101, et. seq., C.R.S. ("the Vested Rights
Statute"), and shall establish and extend vested property rights to develop the Property in
the manner contemplated by the Approvals pursuant to the Vested Property Rights
Statute until May 13, 2013 ("the Vesting Period Expiration Date"). In light of all
relevant circumstances, including but not limited to the size of the development,
economic cycles and market conditions and in light of the unique benefits granted to the
community by the Owner,the Property shall be vested against any changed in the County
Land Use Code which may be contrary to or in conflict with those rights described in the
Approvals through the Vesting Period Expiration Date. This Agreement shall be
considered a "development agreement" as that term is used in § 24-68-104, C.R.S., and
shall include the right to develop and use the Property in the manner permitted under the
approvals. Except as permitted under the Vested Rights Statute (including, without
limitation, §24-68-105), no zoning or land use action by the County or action pursuant to
an initiated measure that would alter, impair, prevent, diminish, impose a moratorium on
development, or otherwise delay the development or use of the Property as permitted
pursuant to the Approvals shall apply or be effective against the Property or the
development thereof until the Vesting Period Expiration Date.
B. Historic Preservation Covenant
1. Restoration and Maintenance of Old Home. Declarant shall be responsible for the
continued maintenance, repair, and administration of the Old Home (building #10), in a
manner that complies with the Pitkin County Handbook and Guidelines for Preservation
of Historic Properties ("Handbook"), as may be amended from time to time and as
interpreted by the Pitkin County Historic Preservation Officer ("HPO"), so as to preserve
the architectural, historical, archaeological, cultural, and/or engineering integrity of its
features, materials, appearance, and workmanship in order to protect and enhance those
significant characteristics that qualify it for historic preservation treatment.
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2. Restoration and Maintenance of the Snowmass Cottages. Cottages 1 through 6 and the
remnant of the garage should be maintained, repaired or otherwise altered in a manner
that complies with the Handbook, as may be amended from time to time and as
interpreted by the HPO. While compliance with the handbook is voluntary, compliance
will preserve the historic integrity of the buildings and preserve the potential for
designation to the Register in the future. Inappropriate maintenance or repairs may result
in the building being removed from the inventory. A Certificate of Demolition shall not
be required prior to submission of an application for a Demolition Permit for any of
Cottages 1-6 or the remnant of the garage, as these buildings were listed on the Inventory
after July 5, 2006 and the growth management exemption for the additional single family
dwelling unit on the parcel was granted in association with the original listing of the Old
Home on the Inventory and subsequent designation of the Old Home to the Historic
Register.
3. Exclusion. Declarant agrees that the County in no way assumes any obligation
whatsoever for restoring, maintaining, repairing, or administering the Historic Structures
covered by this Agreement. However, the County shall be entitled to enforce this
Agreement.
4. Inspection and Compliance. Declarant agrees that the County shall have the right to
request inspection of the exterior of the Historic Structures to assure compliance with this
Agreement, which request Declarant shall not unreasonably deny. Notice of inspection
of the Historic Structures by the County shall be pursuant to Section C3 of this
Agreement. Such inspections shall occur at such a time and day as Owner may
reasonably require. The purpose of such inspection shall be to ascertain whether the
terms of this Agreement have been and are being met and to insure compliance with the
terms of this Agreement. The owner or its representative shall have the right to be
present at any inspection conducted by the county pursuant to this Paragraph.
5. Alterations. Declarant agrees that the Historic Structure designated to the Register 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 or location of the
Historic Structure without the approval of the HPO. Historic Structures listed on the
Inventory should also be maintained as stated above to preserve the integrity of the
buildings and the potential for future designation to the Register. Alterations completed
that are not consistent with the Handbook or approved by the HPO may cause the
building to be removed from the Inventory at the discretion of the HPO.
6. Standards for Review. Review and approval of any proposed construction, alteration,
rehabilitation or relocation of the Historic Structures shall be evaluated by the HPO
through use of the Handbook. Declarant agrees to abide by the Handbook in performing
any restoration, construction, alteration, rehabilitation, or relocation of the Historic
Structure listed on the Register.
7. Public Purpose. Declarant agrees that all alterations to the Historic Structures shall be in
the spirit of contributing to the public purpose of protecting and preserving the Historic
Structures in conformance with the Handbook.
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8. Continuation. In the event that any component part or parts of the Historic Structures 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
affected Historic Structures are to be preserved and not removed, all obligations
contained in this Agreement shall continue unabated. In the event that the Historic
Structures or any part thereof are 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 legally available and appropriate.
9. Reserved Rights of Declarant/Addition. Declarant shall have all rights to utilize the
Historic Structures not specifically limited or restricted by this Agreement. However,
Declarant shall take no action which is materially detrimental to the purposes of this
Agreement.
C. Miscellaneous
1. Binding on Successors to Declarant; Enforcement; Attorneys' Fees. This 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 Agreement or by voluntary relinquishment by the County. It is explicitly agreed by
the parties hereto that this Agreement shall be enforceable in the courts of the State of
Colorado; and that in the event an action to enforce this 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
Agreement through actions for damages or injunctive relief for both.
2. Exercise of Rights and Remedies. Failure of the County to exercise any right or remedy
granted under this Agreement shall not be a waiver of any breach of the agreement or
rights or remedies to enforce the agreement; provided, however, after notice of a
violation, if the County fails to knowingly enforce a provision of this Agreement for five
(5)years, it waives its right to do so.
3. Notices. Any notice allowed or required by this Agreement shall be given by certified
mail, return receipt requested, properly addressed and with postage fully prepaid, to any
address provided herein or to the then-current Owner of the Property as shown in the
records of the Pitkin County Assessor's Office at the time of the notice. 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 shall be sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To Declarant: HGL, LLC
do Julie Wyckoff
1 Cottage Way
Snowmass, CO 81654
Phone: (970) 948-7047
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To County: Pitkin County
Community Development Director
130 South Galena Street
Aspen CO 81611
Phone: (970) 920-5526
4. 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 invaliding the remaining provisions of such document.
5. 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.
6. 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.
7. Section Headings. Paragraph or section headings within this 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.
8. 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 Covenant Agreement. However, the party for
whose benefit a condition is inserted herein shall have the unilateral right to waive such
condition.
9. 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.
10. 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.
11. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day
and year first above-written.
DECLARANT:
HGL,LLC L- 4
Wyckoff, i,�, r- of H L.1 LLC_
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me by Julie Wyckoff as
Ut.0n4p,r of HGL, LLC. this day of p'1R<day cat Iquous4, 2012.
Witness my hand and official seal.
. LDo_,3lQ1-' My commission expires: 10/30 IZU 13
Notary Public
BONNIE L. ; ';
0
WAECHTLER; S
�;• ....
My Corrir^ics,c Fv.rires 1013012013
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CONSENT AND ACKNOWLEDGEMENT OF COUNTY:
The Board of County Commissioners of Pitkin County, Colorado hereby accepts, consents to and
acknowledges that the forgoing Covenant satisfies condition of approval No. 3 of Board of
County Commissioners Resolution No. 013-2012.
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS:
By: A9 v
6-t-C. ov) t ANA-1.4\/ a.tti) ��t��✓
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this g i day of
n 6-Y , 201 by chairman of the Board of County
Commissioners for Pitkin County, Colorade 4"i ""—
Witness my hand and official seal.
A
`SP My commission expires: `1-15"—D-0
trA4 Notary Pub is j vt
° "��bl moo'`•
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List of Exhibits: xf
A. Legal Description
B. Site Plan showing Historic Structures
C. Photos of Historic Structures
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SIWrq DAVIS PITKIN COUNTY CO R 16.00 Cr 0.00
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EXHIBIT"A"
LEGAL DESCRIPTION
A part of Tract 74 of Section 27,formrsrty descried as the Northwest Quarter of the Southeast Quarter and Lots 5,9,13
and 14 of Section 27,all in Township 6 South,Range 86 West of the Sixth Principal Meridian,more particularly described
as all that part of said Tract 74 lying Northerly of Colorado Highway 82,except that part thereof lying Westerly of a fine
extended from the intersection of the center line of the Roaring Fork River with the North tine of said Tract 74,thence
extending along the center line of the Roaring f=ork River to its junction with Snowmass Creak thence along the center
line of Snowiness Creek to Its Intersection with the Northerly right of way line of Colorado Highway 82,
Also excepting from the above described land all that part of Tract 74,Section 27,Township 8 South,Range 86 West of
the Sixth Principal Meridian,lying Northerly of the center line of the Roaring Fork River.
Also excepting all that certain parcel of tend situate in Tract 74,Section 27,Township 8 South,Range 86 West of the
Sixth Principal Meridian,more particularly described as bounded on the west by the center be of Snowmass Creek;
ree,bounded on the North by the center time of the Roaring Fork Rives and bounded on the East by the County Road.
conveyed to the Board of County Commissioners
Also excepting(rout the above described land all that portion previasssty tiveyed
of Pitkln County,Colorado,in the Deed recorded March 22,1989 In Book 588 at Page 340.
Also excepting from the above described land all that portion previously conveyed to the Colorado Department of
Transportation under Rule and Order recorded January 23,2001 as Reception No.450739.
TOGETHER WITH a portion of Tract 73,Section 27,Township 8 South,Range 86 West,6th P.M,which is more
particularly derived and described as follows:
Beginning at a U.S..G.LO.brass cap properly marked for A.P.#3 of said Tract 73, P_! S.#5933 on the
thence N 00'01'31'°E 341.01 feet,along the westerly line of said Tract 73,to a rebar and cap
northerly R_O.W.of Highway 82 the true point of beginning,
thence along said northerly R.O.W.and along a curve to the left having a cord bearing of S 81'40'42"E a distance of
87.18 feet and a radius of 1098.00 feet, Fork River,leaving said RO.W.N 43'48'46°E 228.05 feet to a point in the centerline of the Roaring ,
thence along said centerline N 22'16'09"W 109.31'feet, •
thence continuing along said centerline N 41°01'15"W 203.48 feet,
thence continuing along said centerline N 59'36'40'W 7829 feet to a point on the westerly line of said Tract 73,
thence leaving said centerline and along the westerly line of said Tract 73,S 00°01'30'W 44-4.76 feet to the true Point or
Beginning.
-�`�-J tT
Snowmass Cottages and Ranch House Sketch Map
4.29.11
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ERR 4,040
d46 building 9
garage 8
/ cabin 5
IL , cabin 7 cabin 6
1. .
; • cabin 4
cabin 3
historic
house 10 cabin 2
cabin 1
2 t
1
llk i
buildings shown are approximate in size and location.
1
26801 Highway 82 50 0 50 Feet (i)
5PT822 (089) P �� q
EXHIBIT C
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