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Home My WebLink Aboutbocc.ord.012.2017 RECEPTION#:637883, R:30.00,D: 30.00 n�J1 DOC CODE:ORDINANCE �5�'rf' r Pg 1 of 9,04/26/2017 at 11:30:09 AM r,41AITRACT# Janice K.Vos Caudill,Pitkin County,CO ORDINANCE OF THE BOARD OF COL MTV COMMISSIONERS OF PITFIN COUNTY, COLORADO AUTHORIZING ACCEPTANCE OF A COVENANT FOR THE MAINTENANCE OF AVALANCHE/RI/CM:ALL/DEBRIS FLOW MITIGATION STRUCTURES FROM PEARL PASS, LLC ORDINANCE NO. /J/a -2017 1. Pearl Pass, LIC C'Applieanf`) is the owner of real property located in Pitkin County. Colorado, which is described as the Elmira Lode Mining Claim, U S. Mineral Survey No. 7664A, located in the Columbia Mining District and embracing a portion of 7 ownship 11 South. Range 84 West of the 6'h P.M.. as patented and described in US Patent recorded January 11. 1952 in Book 175 at Page 574. 2. the Community Development Director granted .Activity Envelope approval lir development of a single family residence and an attached caretaker dwelling unit in Administrative Decision No. 41-2016. Condition No. 3(A) requires site and structure specific mitigation to ensure mitigation of any potential avatanchehocktali/debris flow hazards. 3. To assure the continued maintenance of the required av alanehe/rockfall/debris flow mitigation structures,the Applicant has agreed to convey to the County an interest in the property with respect to the repair.m iintenance.and replacement of the structures. 4. The BOCC reviewed the proposed Covenant on first reading at a regular meeting on February 22n1, 2017. The BOCC adopted the Ordinance accepting the Covenant on second reading at a public hearing on March le.20:7. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin County. Colorado that: I. Phe BOCC approves and accepts the Covenant for Maintenance of the Avalanche Rockfall:Dehris Flow Mitigation Structures from Pearl Pass LLC (Exhibit Ay 2. 1'pon approve: of the form of the Col enant by the County Attorney,the Chair is authorized to execute the Covenant. INTRODI CED AND FIRS F READ ON THE 22c° DAY OF FEBRUARY, 2017. NU IICE OF PUBLIC HEARING AND 1111.E AND SIIORT SUMMARY OF THE ORDINANCE PUBLISHED IN I HE ASPEN TIMES W'LEKLY ON �.(,�jru<y. . 2017. NOl ICE or Pt IBLIC HEARING AND "ME EUI L"I EXT OI' TI IF ORDINANCE POSTED ON THF O FICIAL I'TTKIN COUNTY WEBSITE I WNW, pitkincounw eom I ON THE _9 DAY OFkJ/,?me.l_ 2017. ADOPTED AFI ER AI PUBLIC HEARING AND SECOND READING ON THE 81I' DAY OF MARCH, 2017. PUBLISHED BY 1 HIE AND SIMI' SUMDU\RY, AFTER ADOPTION, LN 111E ASPEN HMES WEEKLY ON THE Pie' DAY OF tri / 2017. POSTED ON TIIE OF '1CIAL PTTKIN COI INTY WEBSITE 1 www.pitki[moll nnv.coin I ON THE:/; DAY OF Al O rrL _2017. ATTEST; /i""- BOARD OF COI 'NTY CONIMISSIONLRS 1 [J Jean.a Junes GeorgeiNewma 1. Chair Deputy County ('Ierk Date: U/ l- � 1'7 APPROVED_AS.IUFOR\I: MANAGER APPRELVS John Ely, Cpu Axon _ on P‘ ock. ounty Manager APPROVED AS TO CON I HNT: Ylte {rr e, 1L& { )C�{ CincWHouhen. Commumt) Development Director Case P073 16 PID= 29092Q i10011/ CONTRACT#/5, "90/-7 ( 4477-40 COVENANT FOR THE MAINTENANCE OF AVALANCHE/ROCKFALL/DEBRIS FLOW MITGATION STRUCTURES (PURSUANT TO PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ADMINISTRATIVE DECISION NO. '7 -2017) THIS COVENANT FOR THE MAINTENANCE OF AVALANCl1E /ROCKFALL/DEBRIS FLAW NI+TIGAION STRUCTURES ("Covenant") is made and entered into on the 110 day of Figwort 2017 by PEARL PASS LLC,a Colorado limited liability company ("Owner'), for the benefit of the BOARD OF COUNTY COMMISSIONERS OI' PITK IN COUNTY,COLORADO ("Pitkin County"). WHEREAS, Owner is the owner of real propert) located in Pitkin Count), Colorado. described in Exhibit A,attached hereto and by this reference incorporated herein (the"Property') WHEREAS, the Pitkin County Community Development Director approved Administrative Decision No. "1 -2017 recorded on 1 18`2017 at Reception No.Ceetil/2(the "Approval Decision') which approves with conditions a she specific development plan for the Property. WHEREAS, pursuant to the requirements of the Approval Decision, there will be located on the Property, among other improvements, avalanche/rockfall/debris flow mitigation structures (the"Mitigation Improvements") to be constructed pursuant to construction plans to be appro5ed by the Pitkin County Building Department and Owner during the construction permitting process in accordance with the Approval Decision WHEREAS, Owner will he responsible for the repair, maintenance and cleaning of the Mitigation Improvements from time to time; WHEREAS. Pitkin County has an interest in assuring the ongoing repair,maintenance and cleaning of the Mitigation Improvements described in Recital 11. B. of the Approval Decision; WHEREAS, Owner is willing to covenant to Pitkin County pursuant to Condition 3. of the Approval Decision, forever and in perpetuity,with respect to the repair, maintenance and cleaning of the Mitigation Improvements as may be required by Pitkin Counts from time to time, for and in consideration of the recitals, mutual covenants, terms, conditions and restrictions contained herein. 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. Owner does hereby covenant as follows: L Covenant Regarding Repair. Maintenance and Cleaning of the Mitigation Improvements. Owner covenants and agrees that, as the owner of the Mitigation Improvements. Owner shall at all times preserve the functionality of the Mitigation Improvements, and the repair. maintenance or cleaning of the Mitigation Improvements from time to time so that the Mitigation A01185999 12 Improvements at all times comply with sound engineering standards and practices and any generally applicable requirements of Pitkin County, Colorado, and the State of Colorado with respect thereto (collectively, the "Mitigation Improvements Repair and Maintenance Obligations"). 2. Permitted Uses and Activities. As owner of the Property, Owner 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 Property and the right to sell, lease or otherwise transfer the Property to anyone Owner chooses Nothing herein shall be construed to be an approval by Pitkin County under the Land Use Code for any purpose other than the repair. maintenance and cleaning of the Mitigation Improvements. 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 anchor specific performance requiring Owner or 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 Property at reasonable times upon at least forty-eight (48) hours advance notice to Owner or Owner's representative, solely for the purpose of monitoring and inspecting the Mitigation Improvements in order to verify Owner's performance of the Mitigation Improvements Repair and Maintenance Obligations hereunder. In the event of Owner's failure to perform the Mitigation Improvements Repair and Maintenance Obligations hereunder, Pitkin County shall, prior to the exercise of any right or remedy, give Owner written notice of such failure, together with: (1) a written statement, setting forth in reasonable particularity in what respect Owner has failed to perform its Mitigation Improvements Repair and Maintenance Obligations hereunder, including any appropriate supporting documentation, and (2) a written description of any remedial actions and the basis of rationale therefor which Pitkin County requests to be taken by Owner in connection with the Mitigation Improvements (collectively, a "Default Notice') Upon Owner's receipt of a Default Notice. Owner shall thereafter have a period of fifteen (15) calendar days to cure said default by undertaking and completing the remedial actions set forth in the Default Notice If the requested remedial actions described in the Default Notice by their nature, or due to weather or winter conditions, are not capable of being undertaken and completed within the time provided, Owner shall, provided that it is proceeding with all due diligence, have up to an additional thirty (30) calendar days to undertake and complete the requested remedial actions, which thirty (301 day period may automatically be extended by successive thirty (30) calendar day periods, provided that Owner continues to proceed with all due diligence to undertake and complete the requested remedial actions during each such successive thirty (30) calendar day period. If Owner 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 taw. 4. Pitkin County's Remediation of Owner's Failure to Undertake and Complete Remedial Actions. In the event that Owner fails to undertake and complete the requested remedial AOOS5 )9 r2 action(s)described in Pitkin County's Default Notice within the time period(s) set forth in Section 3 above, Pitkin County' thereafter may enter the Property and undertake and complete such requested remedial actions at Owner's cost. Owner shall reimburse Pitkin County for the cost of undertaking and completing the requested remedial actions, and all other costs and expenses associated with Pitkin County's actions seeking to obtain compliance with this Covenant and the development approvals concerning the Property. within thirty (30) calendar days of Owner's receipt of Pitkin County's written demand for payment, together with copies of any receipts or invoices. In the event of Owner's failure to pay in full the amount set forth in Pitkin County's written demand within the time set forth above, Pitkin County thereafter shall he entitled to assert a lien against the Property for the cost of Pitkin County's performance and completion of the requested remedial actions Any lien secured by Pitkin County against the 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 Owner reasonable attorney's fees and costs incurred in securing and enforcing such lien. 5. Costs and Liabilities. Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the 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 Property, and Owner acknowledges that by this Covenant. Owner continues to retain responsibility for any and all duties and liabilities associated with the 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 Property as a burden thereon for the benetit of Pitkin County and shall be deemed an appurtenance to the title to such land. 7. Subordination At the time of the making of this Covenant,Owner represents that, except as provided in the Lender Consent attached hereto, the 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. 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 Owner,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 Owner 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. I1. Attorneys' 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 LouN5999 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. 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 pros isiuns and intent of this Covenant 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 Count) County Attorney Pitkin County 530 East Main Street Aspen, Colorado 81611 To Owner: Pearl Pass, I.IC c/o David Myler 211 Midland Avenue Suite#1 201 Basalt, CO 81621 Any notice, demand or document so given, delivered or made by United States mail shall he deemed to have been received on the date actually received, addressed as above provided, with postage prepaid. Either party ma} change its address for the purpose of this Section by giving NN ritten notice of such change to the other party in the manner provided for in this Section. In the event of sale of the Property by Owner, an notice to be sent to the new Owner(s) of the Property may be delivered to the address for such Owner(s)on file with the Pitkin County Assessor unless any such Owner provides notice to Pitkin County of a different address pursuant to the terms hereof. IN WITNESS WHEREOF,the parties have executed this Covenant for the Maintenance of Mitigation Improvements to be effective as of the date set forth above. Pearl Pass LLC, a Colorado limited liability. company By , Name: f.A Barron Title: Manager \01185,04'] STATE OF Co/orudo ) ) ss. COUNTY OF Lt✓ide✓' ) Subscribed, sworn to and acknowledged before me this /U day of /Hart h 2017, h) T.A. Barron Manager of PEARL PASS LLC. MICHAEL FERGUSON Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO My commission expires. // -i'-17 NOTARY ID 200140198139 IRI COMMISSION EXPIRES NOVEMBER 03,2077 Notary Public VAu085vw A I I EST. ACCEPTED BY BOARD OF COUNTY COMMISSIONERS Jeans c Jones G'rge Nc4Vman, �h.it Dep y County Clerk i / N. Date' (-7/ . 3017 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Lb-VI-pm <<f John M EJy—E • nt) Attorney Cm ouben. Community Development Director Exhibit A Legal Description The Elmira Lode Mining Claim (U.S. Mineral Survey No. 7664A) located in the Columbia Mining District and embracing a portion of Township 11 South, Range 84 West of the 6'h Principal Meridian, as patented and described in United States patent recorded January 11. I052 in Book 175 at Page 574 Pitkin County, State of Colorado. :0,085a4,/ 2 • APPROVED BY ORDINANCE CnNTRACT# 9�'f # d/2 �G/7 ( COVENANT FOR THE MAINTENANCE OF AVALANCIIEIROCKFALWDEBRIS FLOW MITGATION STRUCTURES (PURSUANT TO PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ADMINISTRATIVE DECISION NO. "7 -2017) THIS COVENANT FOR THE MAINTENANCE OF AVALANCHE IROCKFALL/DEBRIS W M]TIGAION STRUCTURES ("Covenant') is made and entered into on the to day of Pf I girth 2017 by PEARL PASS LLC,a Colorado limited liability company ("Owner'), for the benefit of the BOARD OF COUNTY COMMISSIONERS OF PETE COUNTY,COLORADO ("Pitkin County"). WHEREAS. Owner is the owner of real property located in Pitkin County, Colorado, described in Exhibit A,attached hereto and by this reference incorporated herein(the"Property"). WHEREAS, the Pitkin County Communityevelopment Director approved Administrative Decision No. ' 7 -2017 recorded on et E 017 at Reception No.&3' . the "Approval Decision') which approves with conditions a site specific development plan for the Property. WHEREAS, pursuant to the requirements of the Approval Decision.there will he located on the Property,among other improvements,avalanche/cocktail/debris now mitigation structures (the"Mitigation Improvements') to be constructed pursuant to construction plans to be approved by the Pitkin County Building Department and Owner during the construction permitting process in accordance with the Approval Decision. WHEREAS, Owner will be responsible for the repair, maintenance and cleaning of the Mitigation Improvements from time to time; WHEREAS.Pitkin County has an interest in assuring the ongoing repair,maintenance and cleaning of the Mitigation Improvements described in Recital I I. B.of the Approval Decision; WHEREAS,Owner is willing to covenant to Pitkin County pursuant to Condition 1.of the Approval Decision,forever and in perpetuity,with respect to the repair,maintenance and cleaning of the Mitigation Improvements as may be required by Pitkin County from time to time. fur and in consideration of the recitals, mutual covenants, terms, conditions and restrictions contained herein. NOW.THEREFORE, in consideration of the covenants, conditions and terms hereof. in addition to other valuable consideration, the receipt and sufficiency of which arc hereby acknowledged,Owner does hereby covenant as follows: I. Covenant Regardina Repair. Maintenance and Cleaning of the Mitigation Improvements. Owner covenants and agrees that,as the owner of the Mitigation Improvements, Owner shall at all times preserve the functionality of the Mitigation Improvements,and the repair. maintenance or cleaning of the Mitigation Improvements from time to time so that the Mitigation IAlIad174521 111111111111111111111111N1111111111111111111111111111 RECEPTIONS:612567,R:$0.00,D:$0.00 DOC CODE: COVENANTS Pg 1 of 7,10/2412017 at 02:49:24 PM Janice K.Vos Caudill,Phldn County,CO • RECEPTION#.642561, 10/24/2017 at 0248 24 PM, Pgs 2 of 7,Janice K Vos Caudill, Pitkin County,CO Improvements at ail times comply with sound engineering standards and practices and any generally applicable requirements of Pitkin County, Colorado. and the Stale of Colorado with respect thereto (collectively, the "Mitigation Improvements Repair and Maintenance Obligations"). 2. Permitted Uses and Activities. As owner of the Property,Owner 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 Property and the right to sell,lease or otherwise transfer the Property to anyone Owner chooses. Nothing herein shall be construed to be an approval by Pitkin County under the Land Use Code for any purpose other than the repair,maintenance and cleaning of the Mitigation Improvements. 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 Owner or 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 hs successors, assigns and agents shall be permitted access to,and to enter upon,the Property at reasonable times upon at least forty-eight(48) hours advance notice to Owner or Owner's representative, solely for the purpose of monitoring and inspecting the Mitigation Improvements in order to verify Owner's performance of the Mitigation Improvements Repair and Maintenance Obligations hereunder. In the event of Owner's failure to perform the Mitigation Improvements Repair and Maintenance Obligations hereunder, Pitkin County shall, prior to the exercise of any right or remedy.give Owner written notice of such failure,together with: (I)a written statement,setting forth in reasonable particularity in what respect Owner has failed to perform its Mitigation Improvements Repair and Maintenance Obligations hereunder, including any appropriate supporting documentation,and (2)a written description of any remedial actions and the basis of rationale therefor which Pitkin County requests to be taken by Owner in connection with the Mitigation Improvements(collectively,a"Default Notice"). Upon Owner's receipt of a Default Notice.Owner shall thereafter have a period of fifteen(15)calendar days to cure said default by undertaking and completing the remedial actions set forth in the Default Notice. If the requested remedial actions described in the Default Notice by their nature, or due to weather or winter conditions,arc not capable of being undertaken and completed within the time provided.Owner shall. provided that it Is proceeding with all due diligence, have up to an additional thirty(30) calendar days to undertake and complete the requested remedial actions, which thirty(30) day period may automatically be extended by successive thirty (30) calendar day periods, provided that Owner continues to proceed with all due diligence to undertake and complete the requested remedial actions during each such successive thirty (30) calendar day period. If Owner 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 Owner's Failure to Undertake and Complete Remedial Actions. In the event that Owner fails to undertake and complete the requested remedial (MI085000/2) RECEPTION# 642561,10124/2017 at 02 48 24 PM. Pgs 3 of 7,Janice K Vos Caudill, Pitkin County,CO action(s)described in Pitkin County's Default Notice within the time period(s)set forth in Section 3 above, Pitkin County thereafter may enter the Property and undertake and complete such requested remedial actions at Owner's cost. Owner shall reimburse Pitkin County for the cost of undertaking and completing the requested remedial actions. and all other costs and expenses associated with Pitkin County's actions seeking to obtain compliance with this Covenant and the development approvals concerning the Property, within thirty (30) calendar days of Owner's receipt of Pitkin County's written demand for payment, together with copies of any receipts or invoices. In the event of Owner's failure to pay in full the amount set forth in Pitkin County's written demand within the time set forth above,Pitkin County thereafter shall be entitled to assert a lien against the Property for the cost of Pitkin County's performance and completion of the requested remedial actions. Any lien secured by Pitkin County against the 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 Owner reasonable attorney's fees and costs incurred in securing and enforcing such lien. 5 Costs and Liabilities. Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the 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 en assumption of any duties or liabilities associated with the Property,and Owner acknowledges that by this Covenant,Owner continues to retain responsibility for any and all duties and liabilities associated with the 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 Property as a burden thereon for the benefit of Pitkin County and shall be deemed an appurtenance to the title to such land. 7. Subordination. At the time of the making of this Covenant,Owner represents that, except as provided in the Lender Consent attached hereto, the 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. g. 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 Owner,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 he construed and determined in accordance with the laws of the State of Colorado. Owner 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. I I. Attorneys' 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 IA030 499121 RECEPTION# 642561, 10/2412017 at 02 48 24 PM, Pgs 4 of 7,Janice K Vos Caudill, Pitkin County,CO 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. H in . 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. 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: County Attorney Pitkin County 530 Fast Main Street Aspen,Colorado 8161i To Owner: Pearl Pass,LLC do David Myler 211 Midland Avenue Suite K 201 Basalt,CO 81621 Any notice,demand or document so given,delivered or made by United States mail shall be deemed to have been received on the date actually received,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 the other party in the manner provided for in this Section. In the event of sale of the Property by Owner,any notice to be sent to the new Owner(s)of the Property may be delivered to the address for such Owner(s)on file with the Pitkin County Assessor unless any such Owner provides notice to Pitkin County of a different address pursuant to the mons hereof. IN WITNESS WHEREOF,the parties have executed this Covenant for the Maintenance of Mitigation Improvements to be effective as of the date set forth above. Pearl Pass LLC,a Colorado limited liability company N Name: T.A Barron Title: Manager IA0:115999/2: RECEPTION#642561. 10/24/2017 at 0248 24 PM, Pgs 5 of 7,Janice K.Vos Caudill, Pitkin County,CO STATE OF C.olcrado ) )ss. COUNTY OF t vtdei' ) Subscribed,sworn to and acknowledged before me this IU day of March 2017,by T.A. Barron Manager of PEARL PASS LLC. MICHAEL FERGUSON Witness my hand and official seal NOTARY POLIO 87117E OF COLORADO My commission expires: II-3'17 nvrenYlozaotutaeeo MYYC IC49610NOtPIRESWIENEflrg2017 Notary y ic� IAWa4N9/21 RECEPTION#.642561, 10124/2017 at 02:48 24 PM, Pgs 6 of 7,Jan lee K.Vos Caudill, Pitkin County,CO ATTEST: ACCEPTED BY BOARD OF COUNTY COMMISSIONERS BY- ; :! �uLia- By 1 I.; 4 ' . . l C/ 1- eJones CCrge N en. 'h.ir Del County Clerk / Date: ‘i/ b : 2017 "-J APPROVED AS TO FORM: APPROVED AS TO CONTENT: John M. E s my Attorney Cinklyilouben,Community Development Director IAOJBSYny2I RECEPTION#642561, 10/24/2017 at 02:48 24 PM, Pgs 7 of 7,Janice K.Vos Caudill,Pitkin County,CO Exhibit A Legal Description The Elmira Lode Mining Claim(U.S.Mineral Survey No.7664A)located in the Columbia Mining District and embracing a portion of Township I I South, Range 84 West ofthc 6'h Principal Meridian,as patented and described in United States patent recorded January I I, 1952 in Book 175 at Page 574 Pitkin County,State of Colorado. ;AWIWU(21