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CONTRACT#Jo/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
I. 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, 06/19/2013 at
09:49:45 AM,
1 of 8, R $0.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
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, LLCM
By: R U`�
Cheryl Sovich, Manager
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
By: a _ , tt C
i ndy ouben, Directir
By: C✓�-
Chairman, Beard 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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EXHIBIT A
Tract A, Hansen Tracts
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