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HomeMy WebLinkAboutbocc.con.273.2015 RECEPTION#: 624772, 11/10/2015 at �/ 03:51:16 PM, , OF 10, R $0.00 Doc Code ORDINANCE (�ea) Janice K. Vos Caudill, Pitkin County, CO CONTRACT# ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING ACCEPTANCE OF A COVENANT FOR THE MAINTENANCE OF ROCKFALL MITIGATION DEVICES PURSUANT TO ADMINISTRATIVE DETERMINATION NO. 18-2015 FOR 19 LITTLE CLOUD TRAIL ORDINANCE NO.017 -2015 1. The Little Cloud Homeowners Association is the owner of the real property described as Little Cloud Subdivision Common Area, according to the Plat of the Little Cloud Subdivision. f - 2. There is currently located on the Association Property (Common Area) certain rockfall mitigation devices and related improvements generally consisting of metal nets secured by guy wires and anchors set in concrete (bruge net) and intended to provide,for the mitigation of certain rockfall and avalanche hazards affecting Association Property and portions of 19 Little Cloud Trail (Lot 2, Little Cloud Subdivision/PUD). 3. Administrative Determination # 18-2015, approves with conditions a specific development plan for Lot 2, Little Cloud, and Condition No. 12. I) of this determination requires hazard mitigation and continued maintenance of that hazard mitigation. 4. To assure the continued maintenance of these mitigation devices the Little Cloud Association has agreed to convey to the County an interest in the Association property with respect to the repair,maintenance, and replacement of the mitigation devices. 5. The Board reviewed the proposed Covenant at a Public Hearing on September 23, 2015, at which time evidence and testimony was heard and adopted the ordinance accepting the Covenant on October 14, 2015. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The Board approves and accepts the Covenant from the Little Cloud Homeowners Association Regarding Repair, Maintenance, and Replacement ofthe Rockfall Mitigation Devices (Attachment A). 2. Upon approval of the form of the Covenant by the County Attorney, the Chair is authorized to execute the Covenant INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD ON THE 23rd DAY OF SEPTEMBER, 2015. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON /4/ , 2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIALP T COUNTY WEBSITE (www.pitkincounty.com) ON THE �' DAY OF (1OObLe 1` 2015. ADOPTED AFTER SECOND READING ON THE 14th DAY OF OCTOBER, 2015. PUBLISHED BY TITLE AND SHORT SUMMARY,AF,,f,T.,' ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 1 DAY OF V -ir/ 1' 2015. POSTED ONFHE OFFICI L P TK1N COUNTY WEBSITE (www.pitkincounty.com) ON THE /C DAY OF 0-06e 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS BY" f . r By: C. Are4/1 (.A Jean;fte Jones Steven F. Child, Chair Deptty County Cler Date: (0 12-2-1 ( APPROVED AS TO FORM: MANAGER APPROVAL John El 'ounty • • 4-011.P.- on Pe cock, County Manager APPROVED AS TO CONTENT: GLXre l .,. C'tt Cindy Houben, Community Development Director PID#273512457002 P090-14 lancec/cases/ordinance accepting little cloud covenant 4111&A,Ne ht• Recording requested by: Pitkin County, Colorado Upon recording, return to: Original executed document to Pitkin County, Colorado COVENANT FOR THE MAINTENANCE OF ROCKFALL MITIGATION DEVICES APPROVED IN PITKIN COUNTY ADMINISTRATIVE DETERMINATION#18-2015 THIS COVENANT FOR THE MAINTENANCE OF ROCKFALL MITIGATION DEVICES (the"Covenant") is made and entered into on the 0202 day of , 2015 by LITTLE CLOUD HOMEOWNERS ASSOCIATION, INC., a Colorado nonfrofit corporation(the "Little Cloud Association") for the benefit of BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Pitkin County"). WHEREAS,Little Cloud Association is the owner of the real property described as: LITTLE CLOUD SUBDIVISION COMMON AREA, according to the Plat of the Little Cloud Subdivision recorded April 5, 1991 in Plat Book 26 at Page 7, as amended by the Amended Plat of Lots 3 &4 and Open Space Little Cloud Subdivision recorded October 31, 2007 in Plat Book 85 at Page 36, Pitkin County, and Second Amended Plat of Lots 3 &4 and Open Space Little Cloud Subdivision recorded March 14, 2008 in Plat Book 86 at Page 83, Pitkin County, Colorado (the "Association Property"); WHEREAS,there is currently located on the Association Property certain rockfall mitigation devices and related improvements generally consisting of nets secured by guy wires and anchors set in concrete, and intended to provide for the mitigation of certain rockfall and avalanche hazards in the vicinity of the Association Property (collectively,the "Rockfall Mitigation Devices"); WHEREAS,the Little Cloud Association is responsible for the repair, maintenance, and replacement of the Rockfall Mitigation Devices from time to time; WHEREAS, Pitkin County has an interest in assuring the ongoing repair, maintenance and replacement of the Rockfall Mitigation Devices, and therefore, Pitkin County has requested certain requirements be imposed upon the Association Property regarding the performance of maintenance, repairs, maintenance, and replacement of the Rockfall Mitigation Devices from time to time, as more particularly set forth herein; WHEREAS,the Little Cloud Association is willing to grant and convey to Pitkin County, forever and in perpetuity, an interest in the Association Property with respect to the repair, maintenance, and replacement of the Rockfall Mitigation Devices as may be required by Pitkin County from time to time, for and in consideration of the recitals, mutual covenants, terms, conditions and restrictions contained herein. 1 BUS_RE/5709832.1 NOW, THEREFORE, in consideration of the covenants, conditions and terms hereof, in addition to other valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Little Cloud Association does hereby covenant as follows: 1. Covenant Regarding Repair, Maintenance, and Replacement of the Rockfall Mitigation Devices. The Little Cloud Association covenants and agrees that, as the owner of the Rockfall Mitigation Devices, Little Cloud Association shall at all times preserve the functionality of the Rockfall Mitigation Devices, and their repair,maintenance or replacement from time to time so that the Rockfall Mitigation Devices at all times comply with sound engineering practices, comply with manufacturer's recommendations, and comply with any generally applicable requirements of Pitkin County, Colorado and the State of Colorado with respect thereto (collectively, the "Rockfall Mitigation Devices Repair and Maintenance Obligations"). 2. Permitted Uses and Activities. As owner of the Association Property,the Little Cloud Association retains the right to perform any act consistent with the Pitkin County Land Use Code (the"Land Use Code")to the extent such act is not prohibited or limited by the requirements of this Covenant. These ownership rights include, but are not limited to,the right to exclude any member of the public trespassing on the Association Property and the right to sell, lease, or otherwise transfer the Association Property to anyone Little Cloud Association chooses. Nothing herein shall be construed to be an approval by Pitkin County under the Land Use Code for any purpose. 3. Enforcement and Inspection. This Covenant and its terms and representations shall be fully enforceable by Pitkin 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 Little Cloud Association, its successors or assigns to either perform actions provided for in this Covenant or to cease and desist all activity in violation of the terms of this Covenant. Moreover, Pitkin County and its successors, assigns and agents shall be permitted access to, and to enter upon,the Association Property at reasonable times upon at least forty-eight(48)hours advance notice to the Little Cloud Association or Little Cloud Association's representative, solely for the purpose of monitoring and inspecting the Rockfall Mitigation Devices in order to verify Little Cloud Association's performance of the Rockfall Mitigation Devices Repair and Maintenance Obligations hereunder. In the event of Little Cloud Association's failure to perform the Rockfall Mitigation Devices Repair and Maintenance Obligations hereunder, Pitkin County shall,prior to the exercise of any right or remedy, give Little Cloud Association written notice of such default, together with: (1) a statement,which sets forth in reasonable particularity, in what respect Little Cloud Association has failed to perform its Rockfall Mitigation Devices Repair and Maintenance Obligations hereunder, including any appropriate supporting documentation, and (2) a description of any remedial actions which Pitkin County requests to be taken by Little Cloud Association in connection with the Rockfall Mitigation Devices (collectively, a"Default Notice"). Upon Little Cloud Association's receipt of a Default Notice, Little Cloud Association shall thereafter have a period of ten(10)days to cure said default by undertaking and completing the remedial actions set forth in the Default Notice. If the requested remedial actions described 2 • in the Default Notice by their nature are not capable of being undertaken and completed within the time provided, Little Cloud Association shall,provided that it is proceeding with all due diligence,have up to an additional thirty(30) days to undertake and complete the requested remedial actions, which thirty(30) day period may automatically be extended by successive thirty(30) day periods,provided that Little Cloud Association continues to proceed with all due diligence to undertake and complete the requested remedial actions during each such successive thirty (30) day period. If Little Cloud Association fails to undertake and complete the requested remedial actions within the time period(s)provided, Pitkin County shall then and thereafter be free to pursue any right or remedy allowed by this Covenant or otherwise by law. 4. Pitkin County's Remediation of Little Cloud Association's Failure to Undertake and Complete Remedial Actions. In the event that, within the time period(s) set forth in Section 3 above, Little Cloud Association fails to undertake and complete the requested remedial action(s) described in Pitkin County's Default Notice, thereafter, Pitkin County may enter the Association Property and undertake and complete such requested remedial actions, and the costs thereof shall be paid for by Little Cloud Association. Little Cloud Association shall reimburse Pitkin County for all such costs within twenty (20) days of Little Cloud Association's receipt of Pitkin County's demand for payment, together with copies of any invoices. In the event of Little Cloud Association's failure to reimburse Pitkin County for any such costs,thereafter, Pitkin County shall be entitled to assert a lien against the Association Property for the cost of Pitkin County's performance and completion of the requested remedial actions. Any lien secured by Pitkin County against the Association Property pursuant to this Section shall have as a priority date the effective date of this Agreement, and Pitkin County shall be entitled to recover from Little Cloud Association reasonable attorney's fees and costs incurred in securing and enforcing such lien. 5. Costs and Liabilities. Little Cloud Association retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep,taxes and maintenance of the Association Property, including but not limited to, costs associated with compliance with this Covenant. Pitkin County's acceptance of this Covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Association Property and Little Cloud Association acknowledges that by this Covenant, Little Cloud Association continues to retain responsibility for any and all duties and liabilities associated with the Association Property. 6. Covenant Running With the Land; Binding Effect. The provisions of this Covenant shall constitute a covenant that runs with the title to the Association Property as a burden thereon for the benefit of Pitkin County, its successors and assigns and shall be deemed an appurtenance to the title to such land. • 7. Subordination. At the time of the conveyance of this Covenant,the Little Cloud Association represents that the Association Property is not subject to any mortgage, deed of trust, or judgment lien, or any other instrument that might result in a foreclosure action that could affect the viability of this Covenant. 3 BUS_RE/5709832.1 8. Incorporation of the Land Use Code. The Land Use 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. 9. Modification. The terms of this Covenant can only be modified by an amended covenant executed by Little Cloud Association, and approved in writing and adopted by Pitkin County and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 10. Venue and Jurisdiction. The interpretation, enforcement or any other matters relative to this Covenant shall be construed and determined in accordance with the laws of the State of Colorado. Little Cloud Association and Pitkin County consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this Covenant. 11. Attorney's Fees and Costs. In the event of any action or suit between the parties hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions contained herein,the substantially prevailing party in any such action or suit, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. 12. Section Headings. Paragraph or section headings within this 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. 13. Further Actions. The parties to this 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 Covenant or any agreement or document relating hereto or entered into in connection herewith. 14.Notices. Any notice, demand, or document which any party is required or may desire to give, deliver or make to the other party shall be in writing and may be personally delivered or given by United States certified mail, return receipt requested, addressed as follows: To Pitkin County: (n�,.,.� Act+-04,,,e,3 Pitkin County 530 East Main Street Aspen, Colorado 81611 To The Little Cloud Association: Little Cloud Homeowners Association, Inc. c/o LPI Holdings, LLC 4949 Tamiami Trail North, Suite 102 Naples, Florida 34103 4 Any notice, demand or document so given, delivered or made by United States mail shall be deemed to have been received on the earlier of the date actually received or the third business day after the same is deposited in the United States mail as certified matter, addressed as above provided, with postage prepaid. Either,party may change its address for the purpose of this Section by giving written notice of such change to all other party in the manner provided for in this Section. (Remainder of this page is intentionally blank) • 5 BUS_RE/5709832.1 IN WITNESS WHEREOF, the parties have executed this Covenant for the Maintenance of Rockfall Mitigation Devices to be effective as of the date set forth above. LITTLE CLOUD HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation By: �--- Thoma Le 's, President STATE OF L x%/1010 ) ) ss. COUNTY OF Pi Ha,) ) Subscribed, sworn to and acknowledged before me this,Rol day of J,.(c/ , 2015, by Thomas E. Lewis as President of Little Cloud Homeowners Association, Inc. Witness my hand and official seal. My commission expires: -7/1/17 . / ! LINNOp�AAY �A :tary Public STATE OF COLORADO NOTARY ID 19984031215 • 6 ATTEST: ACCEPTED BY • Pitkin County Board of County Commissioners jl.�Ji_,/ 01- - lam 5X -e WI 1.,1‘'2_21-2_06.— J:. ette Jones Date By:S=}-ev-e.� CQA;1c4 Dto r puty Clerk , Title: c ,v- a cc_ APPROVED AS TO FORM: APPROVED AS TO CONTENT: 41111111.11111.711PI /5 — r l4 ohn Da e By: C.A..c& ,,,,,e,,,. Date toiv.!j is C -orney Title: Ga,,, . ceQ.., , iA"e..L, • 7 BUS_RE/5709832.1 RECEPTION#: 624773, 11/10/2015 at 03:51:17 PM, ONTRACT 1 OF 7, R $0.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO Recording requested by: Pitkin County, Colorado Upon recording, return to: Original executed document to Pitkin County, Colorado COVENANT FOR THE MAINTENANCE OF ROCKFALL MITIGATION DEVICES APPROVED IN PITKIN COUNTY ADMINISTRATIVE DETERMINATION#18-2015 THIS COVENANT FOR THE MAINTENANCE OF ROCKFALL MITIGATION DEVICES (the "Covenant") is made and entered into on the 02R day of oLt� , 2015 by LITTLE CLOUD HOMEOWNERS ASSOCIATION, INC., a Colorado nonrofit corporation (the "Little Cloud Association") for the benefit of BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Pitkin County"). WHEREAS,Little Cloud Association is the owner of the real property described as: LITTLE CLOUD SUBDIVISION COMMON AREA, according to the Plat of the Little Cloud Subdivision recorded April 5, 1991 in Plat Book 26 at Page 7, as amended by the Amended Plat of Lots 3 &4 and Open Space Little Cloud Subdivision recorded October 31, 2007 in Plat Book 85 at Page 36, Pitkin County, and Second Amended Plat of Lots 3 & 4 and Open Space Little Cloud Subdivision recorded March 14, 2008 in Plat Book 86 at Page 83, Pitkin County, Colorado (the "Association Property"); WHEREAS,there is currently located on the Association Property certain rockfall mitigation devices and related improvements generally consisting of nets secured by guy wires and anchors set in concrete, and intended to provide for the mitigation of certain rockfall and avalanche hazards in the vicinity of the Association Property (collectively, the "Rockfall Mitigation Devices"); WHEREAS,the Little Cloud Association is responsible for the repair, maintenance, and replacement of the Rockfall Mitigation Devices from time to time; WHEREAS, Pitkin County has an interest in assuring the ongoing repair, maintenance and replacement of the Rockfall Mitigation Devices, and therefore, Pitkin County has requested certain requirements be imposed upon the Association Property regarding the performance of maintenance, repairs, maintenance, and replacement of the Rockfall Mitigation Devices from time to time, as more particularly set forth herein; WHEREAS,the Little Cloud Association is willing to grant and convey to Pitkin County, forever and in perpetuity, an interest in the Association Property with respect to the repair, maintenance, and replacement of the Rockfall Mitigation Devices as may be required by Pitkin County from time to time, for and in consideration of the recitals, mutual covenants, terms, conditions and restrictions contained herein. 1 BUS_RE/5709832.1 NOW, THEREFORE, in consideration of the covenants, conditions and terms hereof, in addition to other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Little Cloud Association does hereby covenant as follows: 1. Covenant Regarding Repair, Maintenance, and Replacement of the Rockfall Mitigation Devices. The Little Cloud Association covenants and agrees that, as the owner of the Rockfall Mitigation Devices, Little Cloud Association shall at all times preserve the functionality of the Rockfall Mitigation Devices, and their repair, maintenance or replacement from time to time so that the Rockfall Mitigation Devices at all times comply with sound engineering practices, comply with manufacturer's recommendations, and comply with any generally applicable requirements of Pitkin County, Colorado and the State of Colorado with respect thereto (collectively, the "Rockfall Mitigation Devices Repair and Maintenance Obligations"). 2. Permitted Uses and Activities. As owner of the Association Property, the Little Cloud Association retains the right to perform any act consistent with the Pitkin County Land Use Code (the "Land Use Code") to the extent such act is not prohibited or limited by the requirements of this Covenant. These ownership rights include, but are not limited to,the right to exclude any member of the public trespassing on the Association Property and the right to sell, lease, or otherwise transfer the Association Property to anyone Little Cloud Association chooses. Nothing herein shall be construed to be an approval by Pitkin County under the Land Use Code for any purpose. 3. Enforcement and Inspection. This Covenant and its terms and representations shall be fully enforceable by Pitkin 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 Little Cloud Association, its successors or assigns to either perform actions provided for in this Covenant or to cease and desist all activity in violation of the terms of this Covenant. Moreover, Pitkin County and its successors, assigns and agents shall be permitted access to, and to enter upon,the Association Property at reasonable times upon at least forty-eight(48) hours advance notice to the Little Cloud Association or Little Cloud Association's representative, solely for the purpose of monitoring and inspecting the Rockfall Mitigation Devices in order to verify Little Cloud Association's performance of the Rockfall Mitigation Devices Repair and Maintenance Obligations hereunder. In the event of Little Cloud Association's failure to perform the Rockfall Mitigation Devices Repair and Maintenance Obligations hereunder, Pitkin County shall,prior to the exercise of any right or remedy, give Little Cloud Association written notice of such default, together with: (1) a statement, which sets forth in reasonable particularity, in what respect Little Cloud Association has failed to perform its Rockfall Mitigation Devices Repair and Maintenance Obligations hereunder, including any appropriate supporting documentation, and (2) a description of any remedial actions which Pitkin County requests to be taken by Little Cloud Association in connection with the Rockfall Mitigation Devices (collectively, a"Default Notice"). Upon Little Cloud Association's receipt of a Default Notice, Little Cloud Association shall thereafter have a period of ten(10) days to cure said default by undertaking and completing the remedial actions set forth in the Default Notice. If the requested remedial actions described 2 in the Default Notice by their nature are not capable of being undertaken and completed within the time provided, Little Cloud Association shall,provided that it is proceeding with all due diligence, have up to an additional thirty(30) days to undertake and complete the requested remedial actions, which thirty (30) day period may automatically be extended by successive thirty (30) day periods, provided that Little Cloud Association continues to proceed with all due diligence to undertake and complete the requested remedial actions during each such successive thirty (30) day period. If Little Cloud Association fails to undertake and complete the requested remedial actions within the time period(s) provided, Pitkin County shall then and thereafter be free to pursue any right or remedy allowed by this Covenant or otherwise by law. 4. Pitkin County's Remediation of Little Cloud Association's Failure to Undertake and Complete Remedial Actions. In the event that, within the time period(s) set forth in Section 3 above, Little Cloud Association fails to undertake and complete the requested remedial action(s) described in Pitkin County's Default Notice, thereafter, Pitkin County may enter the Association Property and undertake and complete such requested remedial actions, and the costs thereof shall be paid for by Little Cloud Association. Little Cloud Association shall reimburse Pitkin County for all such costs within twenty (20) days of Little Cloud Association's receipt of Pitkin County's demand for payment, together with copies of any invoices. In the event of Little Cloud Association's failure to reimburse Pitkin County for any such costs, thereafter, Pitkin County shall be entitled to assert a lien against the Association Property for the cost of Pitkin County's performance and completion of the requested remedial actions. Any lien secured by Pitkin County against the Association Property pursuant to this Section shall have as a priority date the effective date of this Agreement, and Pitkin County shall be entitled to recover from Little Cloud Association reasonable attorney's fees and costs incurred in securing and enforcing such lien. 5. Costs and Liabilities. Little Cloud Association retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the Association Property, including but not limited to, costs associated with compliance with this Covenant. Pitkin County's acceptance of this Covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Association Property and Little Cloud Association acknowledges that by this Covenant, Little Cloud Association continues to retain responsibility for any and all duties and liabilities associated with the Association Property. 6. Covenant Running With the Land; Binding Effect. The provisions of this Covenant shall constitute a covenant that runs with the title to the Association Property as a burden thereon for the benefit of Pitkin County, its successors and assigns and shall be deemed an appurtenance to the title to such land. 7. Subordination. At the time of the conveyance of this Covenant,the Little Cloud Association represents that the Association Property is not subject to any mortgage, deed of trust, or judgment lien, or any other instrument that might result in a foreclosure action that could affect the viability of this Covenant. 3 BUS_RE/5709832.1 8. Incorporation of the Land Use Code. The Land Use 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. 9. Modification. The terms of this Covenant can only be modified by an amended covenant executed by Little Cloud Association, and approved in writing and adopted by Pitkin County and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 10. Venue and Jurisdiction. The interpretation, enforcement or any other matters relative to this Covenant shall be construed and determined in accordance with the laws of the State of Colorado. Little Cloud Association and Pitkin County consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this Covenant. 11. Attorney's Fees and Costs. In the event of any action or suit between the parties hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions contained herein, the substantially prevailing party in any such action or suit, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. 12. Section Headings. Paragraph or section headings within this 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. 13. Further Actions. The parties to this 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 Covenant or any agreement or document relating hereto or entered into in connection herewith. 14.Notices. Any notice, demand, or document which any party is required or may desire to give, deliver or make to the other party shall be in writing and may be personally delivered or given by United States certified mail, return receipt requested, addressed as follows: To Pitkin County: CO%).- 'n A-L- ,rd,ei Pitkin County 530 East Main Street Aspen, Colorado 81611 To The Little Cloud Association: Little Cloud Homeowners Association, Inc. c/o LPI Holdings, LLC 4949 Tamiami Trail North, Suite 102 Naples, Florida 34103 4 Any notice, demand or document so given, delivered or made by United States mail shall be deemed to have been received on the earlier of the date actually received or the third business day after the same is deposited in the United States mail as certified matter, addressed as above provided, with postage prepaid. Either party may change its address for the purpose of this Section by giving written notice of such change to all other party in the manner provided for in this Section. (Remainder of this page is intentionally blank) 5 BUS_RE/5709832.1 IN WITNESS WHEREOF,the parties have executed this Covenant for the Maintenance of Rockfall Mitigation Devices to be effective as of the date set forth above. LITTLE CLOUD HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation By: - Thonra Le . 's, President STATE OF L ahAp.10 ) ) ss. COUNTY OF Plikb0 ) Subscribed, sworn to and acknowledged before me this Rod day of‘1-Ct- � , 2015, by Thomas E. Lewis as President of Little Cloud Homeowners Association, Inc. Witness my hand and official seal. My commission expires: 7/i/J, . / LINDA A.CHRISTINA i tary Public NOTARY PUBUC . STATE OF COLORADO NOTARY ID 19984031218 PAY COMMSON WIRES OM WOW 6 ATTEST: ACCEPTED BY Pitkin County Board of County Commissioners U!J/_i' ' ,aiR 0 - 1 .1. -e,IA f-----= ail m f�4�c�" J:.nette Jones Date By: i ems,e� CCL;Cc( Date P eputy Clerk . Title: cr,‘ v- o c C APPROVED AS TO FORM: APPROVED AS TO CONTENT: Allii.11111111."--deile9- /s -- 4CUAxie-Cud &A/ ak ohn,111, Dae By: c & {{�,,,,��e,,, Date wl��e j!.5 C t s orney Title: co„,,, . 6Q,., , i s„,,,Lw 7 _ , BUS_RE/5709832.1