HomeMy WebLinkAboutbocc.res.028.2013 RECEPTION#: 599491, 05/14/2013 at
11:47:51 AM,
1 OF 8, 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 M&R BROS. DESIGNATION OF THE OREST
GERBAZ HOUSE TO THE HISTORIC REGISTER AND REQUEST FOR HISTORIC
PRESERVATION INCENTIVES, SITE PLAN/SCENIC REVIEW, GMQS EXEMPTION AND
SPECIAL REVIEW FOR CARETAKER DWELLING UNIT,
AND SPECIAL REVIEW FOR BUILDING MATERIALS AND LANDSCAPING
Resolution No.DO 2013
RECITALS
I. M&R Bros. LLC("Applicant") has applied to the Board of County Commissioners of Pitkin County,
Colorado("BOCC")to request the following approvals:
• Designate the Orest Gerbaz House to the Historic Register.
• Obtain incentives for the historic designation, including GMQS exemption for"change of use" from
residential to commercial and new commercial development(pole barn)as well as a waiver of any
affordable housing requirements that may be applicable beyond provision of on-site housing.
• • Special Review to establish a landscaping business on the parcel.
• Special Review to deed restrict an existing accessory unit as a caretaker dwelling unit.
• • Site Plan/Scenic-Review approval for the proposed development/restoration.
• 2. The lot is located at 30875 Highway 82, and is described as Tract A, Hansen Tracts.
•
3. The lot is zoned AR-10 and contains 3.21 acres. The lot contains the historic Orest Gerbaz House and
two non-historic outbuildings.
4. The BOCC considered the proposed application at a duly noticed public hearing on April 10,2013.
. 5. The BOCC finds that the Orest Gerbaz House meets the criteria in the Land Use Code("Code") for
designation to the Historic Register, as documented by the Historic Preservation Officer.
• 6. 'The BOCC further finds that approving incentives/exemptions for change of use, commercial floor
area, and affordable housing mitigation for the designation of the Orest Gerbaz 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, and is associated with one of the region's founding families
B. The House sits at a prominent location on Highway 82 and is highly visible to the public from the •
Highway.
C. The House has a high level of significance as an intact representative of the "Bungalow" style.
D. The Applicant has committed to rehabilitate the house according to the Pitkin County Preservation
Guidelines and the Secretary of Interior Standards.
E. The 1-louse will be restored in its existing location as closely as possible to the original condition and
appearance; no additions are proposed. The House will remain a key element of the property.
Resolution No.00 20/3
Page 2
7. The BOCC further finds that the proposed Site Plan complies with the applicable provisions of the
Pitkin County Land Use Code and that the Special Review criteria for a Caretaker Dwelling Unit and a
Landscaping Business have been met.
•
NOW,THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the
M&R Bros. LLC Designation of the Orest Gerbaz House to the Historic Register and granting of
incentives/exemptions for the designation, Site Plan/Scenic Review, GMQS Exemption and Special Review
for Caretaker Dwelling Unit, and Special Review for a Landscaping Business, subject to the following
conditions, which shall run with the land and be binding on all successors in interest: •
I. 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 Activity Envelope for Tract A, Hansen Tracts was established by Administrative Determination
No. 24-2009 and was recorded at Book 91 Page 18. The proposed Site Plan for M&R Bros. LLC
reflects this approved Activity Envelope. The terms of this Resolution replace all conditions relating
to Tract A in Administrative Determination No. 24-2009.
3. Prior to issuance of any building permit for the property the Applicant shall: Record a Covenant
Agreement in a form acceptable to the County Attorney in which the Applicant agrees to stabilize,
preserve, rehabilitate and maintain the Orest Gerbaz 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 Covenant
shall be reviewed and approved by the Historic Preservation Officer and the Conimunity
Development Director.
4. The exterior rehabilitation of the Gerbaz 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. 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 Gerbaz House shall be completed. The
rehabilitation of the House shall be completed by October 1, 2014.
5. 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 all structures 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.
6. The allowed development of the site will include the rehabilitation of three structures: the Gerbaz
House (approximately 1,125 sq. ft.), the"clinic"building(approximately 2,220 sq. ft.), and the"kennel"
building(approximately 797 sq. ft.). There will be construction of a new pole barn (approximately
2,500 sq. ft)and four seasonal shade tents("hoop houses").
•
Resolution No.O 2013
Page 3
7. The Landscaping Business use on the parcel will be operated substantially as represented in the
application in "B. Proposal for Use of Property" pp 4, 5. There shall be no retail sales. Supplies,
vehicles, and materials shall be stored inside. There shall be not more than four commercial vehicles on
site at one time. There shall be not more than five customer visits per day. There shall be no truck
idling beyond standard "warm-up". There shall be not more than 38 vehicle trips per day. Trucks shall
not back out on to Highway 82. Hours of operation shall be limited to 8:00 am to 6:00 pm(crews may
assemble at 7:30 am).
8. Prior to submission of any building permit applications for the lot or commencement of any
operations , 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. The above referenced approvals shall be a condition precedent to
finalization and recordation of them. The Site Plan will be substantially as represented in the
application.
9. The Applicant may commence the landscaping business operations and the erection of the hoop houses
in the spring/summer of 2013, subject to the following conditions:
A. A CDOT Access Permit must be approved prior to occupancy and use.
B. The Historic Covenant referenced in condition #3 above shall be approved and recorded.
C. A County Access permit for the driveway improvements shall be obtained and the driveway shall
be completed and inspected for compliance.
D. A legal source of water for watering the plants shall be demonstrated.
E. An interim plan for screening vehicles and equipment shall be approved by Community
Development.
F. A plan for temporary sanitary facilities shall be approved by the Environmental Health Department.
G. A signage plan shall be approved by Community Development.
H. A fuels storage/containment plan shall be approved by the Environmental Health Department.
10. In addition to the conditions listed in condition #9 above, prior to commencement or continuance of
operations after October 15,2013, or issuance of any building permits for the pole barn, the restoration
of the historic house,the rehabilitation of the"kennel", CDU, or "clinic"the Applicant shall:
A. Complete a fireplace/woodstove registration form with the Community Development
Department, if applicable.
B. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total
development disturbs one(I)acre or more, the Applicant shall apply for and obtain a State
Stonnwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater
shall be detained onsite and allow infiltration of runoff prior to discharge.
C. Submit a construction management plan for review and approval by Planning/Zoning.
D. Pay any applicable road and employee housing impact fees.
E. Obtain an On-Site Wastewater Treatment System construction permit from Environmental
Health.
F. 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.
G. Submit a tree mitigation plan for the removal of any trees larger than 6 inch DBI1.
Resolution No.ba`I-20/3
Page 4
H. 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.
I. Submit a detailed exterior lighting plan. •
11. The pole barn shall be completed by commencement of operations in 2014. The pole barn may have a
third side(down valley) in lieu of the down valley perimeter privacy fence.
12. Prior to issuance of a building permit for the rehabilitation of the Gerbaz House or the issuance of a
building permit for the CDU,the Applicant shall: Provide proof of an adequate water supply(in terms
of quantity and availability) for domestic and fire protection purposes for each unit.
13. Prior to 2014 operations the Applicant shall demonstrate a permanent legal water supply for watering
the new landscaping and the plant materials of the business.
14. Prior to issuance of a Certificate of Occupancy for the CDU, the Applicant shall obtain and the Housing
Office shall record a caretaker dwelling unit deed restriction. 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
1,000 sq. ft. net livable area. 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. The unit shall be limited to not more
than two adults and related children, who qualify as employees of the community under such guidelines
as may from time to time be established.
15. Prior to issuance of a Certificate of Occupancy for the Gerbaz House the Applicant shall submit for
review and approval of the County Attorney and Community Development a deed restriction to be
recorded that will limit occupancy of the House to employees of the business on the site.The occupancy
shall be by not more than six persons. There shall be no occupancy prior to issuance of certificate of
occupancy.
16. The existing structures on Tract A that are within the 100' stream setback may be replaced within the
existing footprints of the structures, subject to compliance with Sec. 9-50-20 of the Code regarding
legal non-conforming structures. If the existing structures that are within the 100' stream setback are
removed and not replaced, the sites shall be restored and revegetated pursuant to a plan approved by
Community Development.
17. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
A. DEFENSIBLE SPACE: THE AREA AROUND ALL BUILDINGS/STRUCTURES, LIMITED BY
PROPERTY BOUNDARIES THAT MAY LIMIT A PROPERTY OWNER'S ABILITY TO COMPLY
WITH THIS SECTION, SHALL INCORPORATE LANDSCAPING WITH WILDFIRE DEFENSIBLE
SPACE CONSIDERATIONS AS FOLLOWS (NOTE: ACTUAL VEGETATION MANIPULATION TO
MEET THESE CONDITIONS MAY NOT BE NECESSARY WHERE THE NATURAL VEGETATION
PATTERNS HAVE ALREADY FULFILLED THESE CONDITIONS):
•
Resolution No.O - -20/3
•
Page 5
I) Prune all branches from trees and brush within 30' of all structures to a height of 10' above
the ground and remove ladder fuels from around trees and brush.
2) Remove all deadfall and dead brush within 60' of all structures.
3) Flammable mulches (wood chips) are not allowed within 2' of structures.
4) No trees shall be within 15' of a window.
5) On Tract A on the slope to the east of the buildings, only remove juniper trees that are
within 50' of any structures and maintain all other brushy plant species to maintain bank
stability.
6) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within
10' of the driveway, but must be pruned to 6' above the ground.
7) Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within
10' of either side of the driveway.
8) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
I) All roof coverings shall be constructed of non-combustible materials and installed on a
Class A roof assembly.
• 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting
1) Soffit venting shall be located in the outer 1/3 portion of the overhang.
2) Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum ''A"
openings.
' D. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking and 2x railings, or equivalent log
construction.
2) Vegetation below any decks shall be cleared, and rocks or weed-barrier(or other
appropriate ground cover) shall be used underneath decks to prevent growth of vegetation.
Flammable materials shall be stored underneath decks.
G. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored indoors or on a parallel contour a minimum of
•
c
Resolution No.O -2013
Page 6
fifteen (I5) feet away from any structure.
5) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six(6) inches.
6) Firewood/wood piles shall be kept indoors or stacked on a parallel contour a minimum of
fifteen (15) feet away from the structure.
7) Swimming pools and ponds shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
-9) Wood fences shall not connect to other structures.
10) Fuel tanks shall be installed underground with an approved container.
1 1) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed
with materials approved for two.(2) hour fire-resistive construction on the exterior side of
the walls.
12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13) Addresses shall be clearly marked with two(2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed
on a non-combustible post.
14) Utilities shall be extended underground.
•
18. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, which may include, but are not limited to, access, turning around of fire apparatus, installation
of an approved fire sprinkler system and provision of water supply for fire fighting.
19. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
C. Fencing shall comply with the following, except for privacy fencing noted on site plan:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not
exceed 48 inches in height above ground level and 12 inches in width (top view), and shall
have at least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed
42 inches in height.
3) All non-conforming fencing on the property must be brought into compliance:
4) Protective fencing for plant materials should be as recommended by CPW with 8' mesh
wire or 6' wood privacy fence if approved by CDPW.
5) The 6' wood privacy fence around the hoop houses shall be removed in winter on the
Highway and up valley sides.
D. Avoid fruit-bearing trees and shrubs in any landscaping.
E. Construction workers shall be prohibited from bringing dogs on-site during construction.
F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds.
G. Horse grains, pellets and cookies shall be stored in bear resistant containers or enclosure.
H. Pet food shall not be left outside.
Resolution No.vfa -2013
Page 7
20. No developmentin 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. •
21. 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 and
thinning recommended on the slope to the River.
22. 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.
23. Areas disturbed by construction shall be re-vegetated within one growing season of the project's
completion.
24. 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
strictures represented in the application might not be permitted under building and zoning regulations.
25. 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.
26. The Applicant shall annually, by April I s'each year, provide a review of operations to the Community
Development Department. This review shall include a summary of average vehicle trips per day,
deliveries per week, number of employees, and other metrics to demonstrate compliance with
conditions of approval.
•
27. This Special Review approval is for five years from date of approval. The Applicant shall submit in
January 2018 for a 5 year review of operations by the BOCC. At this review the BOCC may continue,
revoke, or modify this approval based on the Applicant's demonstration of compliance with conditions
of approval.
28. 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
11-0.4 - '.tof , 2016.
•
I
Resolution Na.O'I-V-20/3
Page 8
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 7th day of March,2013.
APPROVED AND ADOPTED on the 24th day of April, 2013.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the f3 of , 2013.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By ' ' .../ ' . . . ��
George Ne man, Ch:irman
ATT1 ST:
\ 41 J. .nd .4
Jean--tte Jones, Clerk o the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FO:!•.
Cindy Iiouben John Ely
Community Development Director County At •
Case P017-13; PID #264306200014
lancec/cases/Sovich reso final 4-10-13 as amended.doc
D
CONTRACT#_i , — o/3
COVENANT AGREEMENT
FOR THE PRESERVATION OF HISTORIC RESOURCES
THIS COVENANT AGREEMENT FOR THE PRESERVATION AND
MAINTENANCE OF HISTORIC RESOURCES (the " Agreement") is made and entered into
this 22 day of May, 2013, by M&R, Bros Inc (hereinafter referred to as "Declarant"), and Pitkin
County, Colorado (the "County"). This Agreement 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 30875 Hwy 82, Snowmass Co 81654, which
is more specifically described in Exhibit A attached hereto and incorporated herein (the
"Property"). The property contains 3.12 acres. The property is improved with one historic
residence (the Bungalow"). The residence was built in the early 1900s and relocated on
this site in 1932 where the Gerbaz family operated a ranch.
B. Pursuant to Resolution No. 028-2013 the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") designated the "Bungalow" to the Pitkin County Historic
Register.
C. Pursuant to Resolution No. 028-2013 recorded at Reception No. 599491 of the Pitkin
County Records, the BOCC granted approval to M&R Bros for designation of the Orest
Gerbaz house to the historic register and request for historic preservation incentives, site
plan/scenic review, GMQS exemption and special review for caretaker dwelling unit, and
special review for building materials and landscaping.
NOW,THEREFORE, Declarant hereby represents, covenants and agrees as follows:
A. Historic Preservation Covenant
1. Restoration and Maintenance of Bungalow. Declarant shall be responsible for the
continued maintenance, repair, and administration of the Bungalow, 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, 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.
2. 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.
RECEPTION#: 600487, 0 6/1 912 01 3 at
09:49:45 AM,
1 OF 8, R $0.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
3. 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 B3 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.
4. Alterations. Declarant agrees that the Historic Structures 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 Structures
without the approval of the Pitkin County Historic Preservation Officer.
5. Standards for Review. Review and approval of any proposed construction, alteration,
rehabilitation or relocation of the Historic Structures 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,
rehabilitation, or relocation of the Historic Structures.
6. 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.
7. 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.
8. 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 that is materially detrimental to the purposes of this
Agreement.
B. 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
2
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: M&R Bros, Inc.
do Cheryl Sovich
PO Box 567
Woody Creek, CO 81656
Phone: (970) 379 8216
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.
3
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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day
and year first above-written.
DECLARANT:
M&R BROS, LLC
By:
Cheryl Sovich, Manager
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
By: a. ♦ a* C
ndy ouben, Directir
By: A. _Asa?.
Chairman, Biard o Co . ty Commissioners
By:
County Attorney
List of Exhibits:
A. Map of site with structures indicated
B. Photos of Historic Structure
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Historic House South Facade (toward Hwy 82)
Y ',‘
.z
f c
1
1141. 1. „ .; - - _ _
gur___ ___
Historic House West Facade (toward Basalt)
R U N A W A Y S H O V E L H I S T O R I C P R E S E R V A T I O N
I
is, 1 . .., .- NIV,
--' 111.41‘swW4\
t At
Historic House North Facade (toward river)
— 1101 t #- l
Historic House East Facade (toward Woody Creek)
R U N A W A Y S H O V E L H I S T O R I C P R E S E R V A T I O N
•. . -
r
4tir ' 'it. '-- .. ...-71 ler' "1 :IF: ' 0
♦.• • r
1.
+ .t �- r k,
t' '� ` .tir ;i:
t
! _ r:.•
,. _ :..,h,..,-.tr-". 1111.' - %
t
s k 1- = 1 t'r f
mliF_ _ .-. �:3-ate ..._ ,i
c
.Yy„i
rw�. '-_. .--
•
IF
lippi
• • '� IR r I
). y
I 19 t:
r'
tT
""linlailiWir-- --ACID:. -"lir..., ---.....a... - --- -
101. ..'"SRI �n _.4
II °h. .. .._ ._.
'!r %. ..'ii
Historic Drive Down-Valley It'∎
. ', .
EXHIBIT A
Tract A, Hansen Tracts