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Home My WebLink Aboutbocc.con.252.2013 RECEPTION#: 603528, 09/11/2013 at • �c2_9.073 09:31:20 AM, ONTRA CT# 1 OF 5, R CdNTS Janice K. Vos$0.00 CaudillDoc o , Pitkin e COVENA County, CO RESTRICTIVE COVENANT • FOR A SINGLE-FAMILY RESIDENCE COMPLIANT WITH CHAPTERS 1004 AND 1005 OF THE AMERICAN NATIONAL STANDARD INSTITUTE (ANSI) PERTAINING TO ACCESSIBILITY AND VISITABILITY THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered into this 9'ty of 2013, by Facilities Cost Management Group, LLC ("Owner"), concerning a single-family residence, as described below, located on the real property known as 98 Mountain Laurel Court, Aspen, CO 81611, Parcel ID# 273717307046, and more specifically described as Lot 78, Filing 2, Mountain Valley Subdivision, located in Pitkin County, ("Real Property"), for the benefit of the Pitkin County Board of County Commissioners ("County"). WITNESSETH WHEREAS, Owner owns the Real Property which will contain a single-family residence compliant with Chapter(s) 1004 and 1005, of the 2009 ANSI as allowed pursuant to Board of County Commissioner Ordinance 38-2012. Said residence shall contain- 1,500 square feet of exempt Floor Area as approved in Building Permit No. 0028.2013.prbk. For the purposes of this Restrictive Covenant, the approved ANSI residence and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Residence"; and WHEREAS, this Restrictive Covenant imposes certain covenants upon the"Residence" located on the Real Property, which restrict the use of the "Residence" as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the covenants, terms, conditions, and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Owner does hereby covenant with the County, as set forth herein: 1. Restrictive Covenant pertaining to the "Residence" on the Real Property. The"Residence" shall henceforth be constructed and remain in compliance with Chapters 1004 and 1005 of the American National Standard Institute. - 2. Covenant running with the land: binding effect. This Restrictive Covenant shall remain in full force and effect so long as the "Residence"benefits from the floor area exemption provided in Ordinance 38-2012, and while that is the case, the provisions of the Restrictive Covenant shall constitute a covenant that runs with the title to Real Property as a burden thereon for the benefit of the County, its successors and assigns and shall be deemed an appurtenance to the title to such Real Property. If the"Residence" is demolished, or if the floor area of the residence is reduced to comply with the floor area requirements and limitations of the R-15-A zone district, then this Restrictive Covenant will automatically terminate and cease to be of any further legal effect as to the "Residence", as applicable, and the issuance of a Letter of Completion or Certificate of Occupancy verifying that the demolition or reconstruction has occurred will be conclusive proof of said demolition or reconstruction. 3. Permitted uses and activities. This Restrictive Covenant only applies to the "Residence" and does not, in any other way, affect the use, development, sale, lease, conveyance, transfer, assignment, mortgage and/or pledge of the Real Property (subject to paragraph 6 below) and does not impair, diminish or alter title to the Real Property whatsoever. 4. No Non-Conforming Status. The"Residence", by virtue of this Floor Area Exemption, shall not be considered as a legal, non-conforming structure, with regard to Floor Area, and if demolished, or renovated so as to no longer comply with ANSI, the replacement structure or renovation must be designed such that the entire structure complies with all Floor Area allowances pursuant to the underlying zoning or other ruling county development approval. 5. Enforcement and Inspection. This Restrictive Covenant and its terms and representations shall be.fully enforceable by the County, its successors, assigns and agents in any action at law or equity or both, to secure compliance, including but not limited to, seeking injunctive relief and/or specific performance requiring the Owner, its successors or assigns to cease and desist all activity in violation of the terms of this Restrictive Covenant and to return the"Residence"to its condition prior to any violation. The County and its successors, assigns and agents shall, no more than once per calendar year or upon a reasonable and good faith belief that there has been a violation of this Restrictive Covenant, be permitted access to, and to enter upon, the Real Property at reasonable times upon at least 48 hours advance notice to the Owner or Owner's representative, after receipt of notice in accordance with the notice provision herein, solely for the purpose of monitoring, inspecting, and if necessary, remediation of the "Residence" in order to enforce and assure compliance with the terms and conditions of this Restrictive Covenant. 6. Costs and liabilities. Owner shall bear all costs and liabilities of any kind related to compliance with this Restrictive Covenant. This Restrictive Covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Restrictive Covenant by the County. 7. Subordination. The Owner agrees that any mortgage(s) and/or deed(s) of trust recorded against the Real Property will be subordinated to the Restrictive Covenant. 8. Modification. The terms of this Restrictive Covenant can only be modified by an amendment to this Restrictive Covenant executed by both Owner and County and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 9. Venue and jurisdiction. Owner and the County consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this Restrictive Covenant. 10. Attorney's fees and costs. In the event of any action or suit between the parties hereto or their successors and/or assigns to enforce any of the agreements, covenants or restrictions contained herein, the substantially prevailing party in any such action or suit, by final judgment, shall be entitled to an award from the other party of all costs and expenses of such action or suit including reasonable attorney's fees. 1 1. Section headings. Paragraph or section headings within this Restrictive Covenant 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. 12. Further actions. The parties to this Restrictive Covenant 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 Restrictive Covenant or any agreement or document relating hereto or entered into in connection herewith. 13. Notices. Any notice which is required to be given under this Restrictive Covenant shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid to any address provided herein or to any subsequent mailing address of any additional parties, as long as prior written notice of the change of address or additional parties has been given to the other parties to this Restrictive Covenant, except notice to be given by telephone as provided in this Restrictive Covenant. 14. Incorporation of the Land Use or Building Code. The Pitkin county Land Use Code or Building Code, as may be amended from time to time, and any terms or definitions contained therein, are hereby incorporated by this reference in their entirety. 15. Choice of Law. This agreement and every related document is to be governed by and construed in accordance with the laws of the State of Colorado. 16. Waiver. Failure of the County to exercise any right or remedy granted under this covenant shall not have the effect of waiving or limiting the exercise of the County, or of any other right or remedy or the indication of such right or remedy at any future time. 17. Counterparts. This Restrictive Covenant may be executed in multiple counterparts each of which shall constitute an original but all of which when taken together shall constitute one and the same document. 18. Severability. If any provisions of this Restrictive Covenant shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Restrictive Covenant itself or of any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provision. 19. Entire Agreement. This Restrictive Covenant and any other documents made or given in connection herewith or therewith constitute the entire understanding and agreement between the parties with respect to the matters provided for herein and supersedes all prior written or oral understandings and agreements between the parties with respect thereto. To Owner: Facilities Cost Management Group, LLC 406 Southl2 Street Omaha,NE 68102 Attn: Merle Rambo To County: Board of County Commissioners of Pitkin County 530 E. Main Street, 3`d Floor Aspen, CO 81611 With Copies To: Pitkin County Attorney 530 E. Main Street, Suite 302 Aspen, CO 81611 IN WITNESS WHER: •F, Owner has executed this Restrictive Covenant as of the date and year first written abo e. By: Merle Rambo, Managing Partnrr Facilities Cost Management Group, LLC State of Colorado ) ) ss. County of Pitkin ) The foregoing Restrictive Covenant was acknowledged before me this 20 day of June 2013 '.;,; t hl OIMIio . NP‘NNN Wit' � 4410j cial seal co}nmission ex i 01ILCVOL M� pirCs off.: 3 I i i % ■. A : G;'� f k4 ,,, C04_ Notary Public My Commission Expires 11013 AT JEST: , ACCEPTED BY: Pitkin County Board of Commissioners 1 /i.L, e; At' 'N%.k A • LA--. . . 131-3 Jeanette Jones By: Georgeewm+n, Date Deputy Clerk / Chair APPROVED AS TO FORM: APPROVED AS TO CONTENT: - -/ .57z / . : .4 : . , , 77*5 John M,-Ely Cindy Houben, Date County Attorney Community Development Director