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Home My WebLink Aboutbocc.con.071.2015CONTRACT COVENANT AGREEMENT FOR THE OCCUPANCY AND RESALE OF THE AGRICULTURL FACILITIES PROPERTY OF THE ASPEN VALLEY RANCH FOR TWO ACCESSORY STRUCTURES WITH BATHING FACILITIES THIS COVENANT AGREEMENT FOR THE OCCUPANCY AND RESALE OF, the Agricultural Facilities Parcel of the Aspen Valley Ranch, known as State Parcel Identification Number 2643-053-00-801, aka 20 and 80 Aspen Valley Ranch Lane, Woody Creek CO 81621, (the "Agreement") is made and entered into this,,20 day of January, 2015, by AVR AH LLC (hereinafter referred to as "Declarant"), for the benefit of and enforceable by PITKIN COUNTY, COLORADO (hereinafter referred to as "The County"), a home -rule County. WITNESSETH: WHEREAS, Declarant owns the real property described as the Agricultural Facilities Parcel as shown on the First Amended Subdivision Exemption Plat for Aspen Valley Ranch recorded in Plat Book 87 at Pages 31-35 of the Pitkin County records, (hereinafter referred to as "Property"), which Property will contain a Pool House and a "Ranch House", hereinafter referred as the ".Structures" or "Structure", both to contain bathing facilities as allowed pursuant to Sec. 4-30-050(a) of the Pitkin County Land Use Code. Said Structures will be located as shown on the Site Plan recorded at Book 107 Page 93 of the Pitkin County Clerk and Recorder's Office. For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, "Accessory Structures with Bathing Facilities" are allowed with provisions as an Allowed Use within the RS -20 zone district (Section 4-30-50(a) of the Pitkin County Land Use Code); and WHEREAS, the "Property" contains 95+ acres; and WHEREAS, Section 4-30-50(a)(1) of the Pitkin County Land Use Code requires the Declarant to enter into this Agreement; and WHEREAS, Declarant proposes bathing facilities within the Pool House building as approved in Building Permit #00 1 7.2014.pcbk, and within the "Ranch House" building as approved in Building Permit #0021.2014.pcbk; and NOW, THEREFORE, for value received, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby represents, covenants and agrees as follows: 1) The Declarant agrees that for the purpose of calculating Fair Share Road Impact Fees, each Structure containing bathing facilities shall be considered a separate dwelling unit and will be assessed the appropriate fee based on the size of the structure. The RECEPTION#• 617505 02H8/2015 at 10:28:09 AM, 1 OF 5, R $31.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO Floor Area of other residential structures not containing bathing facilities will be treated as if attached to one of the Structures with bathing facilities. For the purpose of calculating Impact Fees or Fair Share requirements that are based on aggregate floor area or square footage rather than on a per unit basis, the aggregate of all residential floor area or square footage on the parcel will be cumulated. 2) The Declarant agrees that neither Structure may contain a kitchen unless otherwise approved by Pitkin County. Kitchen facilities in the Ranch House have already been approved by Pitkin County 3) The Declarant shall not subdivide the Property and sell theStructures separately, or convert the Property to condominiums or timeshares. The twoStructures shall not be considered as separate units for density or sale purposes. 4) Breach of Agreement. a) It shall be a breach of this Agreement for Declarant to default on the representations, covenants and obligations made hereunder. The County shall have the right to inspect the Property from time to time as necessary to determine compliance with this Agreement as set forth below. b) If the County is desirous of inspecting the Property for noncompliance, it shall - first notify Declarantin writing informing Declarant of its desire to inspect the Property. The County, by its authorized representative, may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Declarant with no less than 24 hours' written notice. c) In addition to said inspection, Declarant shall promptly provide to the County such information as the County reasonably deems necessary to verify compliance with this Agreement. The County shall maintain the confidentiality of any financial data provided by any existing or potential Declarant, except for such disclosures as are necessary with respect to any litigation, enforcement or other legal proceedings. d) In the event a violation of this Agreement is discovered, the County shall send a notice of violation to the Declarant detailing the nature of the violation and allowing the Declarant fifteen (15) days to cure. e) This Agreement shall constitute a covenant running with the Property as a burden thereon for the benefit thereof, and shall be specifically enforceable by the County and its successor, by any appropriate action, legal or equitable. In the event the Declarant fails to cure any breach, the County may resort to any and all available legal action, including but not limited to judicial relief in the form of an injunction --- regarding conveyances. In the event the parties resort to litigation -with respect to ----- any or all provisions of this Agreement, the prevailing partyshall be awarded; damages and costs, including but not limited to reasonable attorney's fees, plus an administrative fee of 5% of all sums. f) There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. "g) In the event the Property or portion of the Property is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of th_e Property, for all purposes, shall be deemed to include and incorporate by this reference, the convents herein contained, even without reference therein to this Agreement. 5) Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, property addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to the Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: AVR AH, LLC c/o Brooke Peterson 514 East Hyman Avenue Aspen, CO 81611 To County: Pitkin County Board of County Commissioners 530 East Main Street, 3`d Floor Aspen, CO 81611 When the Property is sold or conveyed to a new interest, the Declarant shall be required to notify the County of the change in ownership and the name and mailing address of the new owner of the Property. 6) Severabilitv. 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 is 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 invalidating the remaining provisions of such document. 7) - Choice of Law: This -Agreement and each and every related document are to be g oveiii d and construed in accordance with the laws of the State of Colorado: - - -- . 8) 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. - 9) Section Headings. Paragraph or section heading 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. 10) Waiver. No claim of waiver, consent or acquiescence with respect to any provision — — — of this Agreement shall be valid againsf any party hereto except on the basis written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition, provided that such waiver is in writing. 11) 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. 12) Personal Liability. The Declarant agrees that he or she shall be personally liable for any of the transactions contemplated herein. 13) 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. 14) 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 Recorded of Pitkin County, Colorado. Notwithstanding the foregoing, the. County reserves the right to amend this Agreement unilaterally. where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Declarant's rights under this Agreement. IN WITNESS WHEREOF, "Declarant" has executed this Restrictive Covenant as of the date and year first written above. _ _-_ State of Colorado ss. County of Pv�) The foregoing Restrictive Covenant was acknowledged before me thisZO day of January, 2015 by Witness my hand and official seal My commission expires on: JOANN LEDINGNAM NOTARY PUBLIC - STATE OF COLORADO *otary Publi . NOTARY ID 0 20081022471 .. - MY COMMISSION EXPIRES JUNE OB, 2018 - - ATTEST: APPROVED AS TO FORM: ACCEPTED BY: IT By: Date Chair, Pitkin County Board of County Commissioners z s' ` z� lS – John �y-�Da�/ t ind Hou en, Date C1+ o ttorney Director, Community Development 5.—_. ---