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HomeMy WebLinkAboutbocc.ord.014.2017 rONTRACTN Lino/ 7 11111111PTI1111111U1111111111111111111639050, Ft .00.Hill 11111 $ �� 111111� ��� 0 DOC CODE: ORDINANCE f A tA.4 Pg 1 of 8,06!1212017 at 11:19:44 AM 6 /Y Janice K.Vos Caudill, Pitkin County,CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING ACCEPTANCE OF A COVENANT AGREEMENT FOR THE OCCUPANCY OF GUBER FAMILY TRUST LOT SPLIT LOT I (RELATING TO EMPLOYEE HOUSING MITIGATION FEES) ORDINANCE NO._OH -2017 1. Sunny Ranch,I.LC 1"Applicant') is the owner of real property located in Pitkin County, Colorado,which is located all 190 Mandalay Lane,and is described as Lot 1 of the Guber Family Trust Tot Split. 2. The Community Development Director approved an Activity Envelope and Site Plan Resters to replace the residence on Lot I,pursuant to Administrative Decision No. 44-2016. The Activity Envelope and Site Plan were recorded in Plat Book 114 at Pages 97-98. Condition 11613 of Administrative Decision No. 442016 requires the Applicant to pay the applicable housing impact lee. 3. Land Use Code Sec 8-30-20 specifies that the employee housing impact fee varies based on the size of the residential development, and that the fee collected for residential construction "-shall reflect mitigation for second-none use unless a covenant is recorded on the property restricting it to Pitkin County resident occupancy." 4. The Applicant has executed a Covenant Agreement. which restricts the use and occupancy of the Property to a 'Pitkin County Resident"as defined in the Agreement. As a Pitkin County Resident,the owner has paid an employee housing impact fee of$19,447. $. Pitkin County f tome Rule Charter, Section 211.1 requires the Board to take official action by ordinance for the acquisition of any real property asset, and the County Attorney believes that the future enforceability of these types of covenants is hent served by acceptance through ordinance. A covenant burdening real property is by definition a property interest held by the County. 6 The BOC('reviewed the proposed Covenant A+treement on first reading at a regular meeting on April 26,2017 The BOCC adopted the Ordinance accepting the Covenant Agreement on second reading at a public hearing on May 10, 1017, NOW, THEREFORE, BE II'ORDAINED by the Board of County Commissioners ofPitlun County,Colorado that I. The BOCC approves and accepts the Covenant Agreement for the Occupancy of Guber Faunly Trust Lot Split Lot I (Relating to Employee I lousing Mitigation Fees)(Exhibit A). 2. lJpon approval of the form of the Covenant by the County Attorney, the Chair is authorized to execute the Covenant. IN IROUIJCIID AND FIRST READ ON THE 20th DAY OF APRIL. 2017 NOTR'E OF PUBLIC HEARING AND TITLE AND SI IOR'I SUMMARYn1OT TIfE ORDINANCE PU131.1SI IED IN TI Ili ASPEN TIMES WEEKLY ON gipvi( }'1 2017. N611('E OF PUBLIC HEARING AND"1IIL FULL TEX f OF -DIE ORDINANCE7POSTED et ON 1}IE OI24CIC'IAI. PI I KIN COUNTY WERSI CE (nsw.pitkincountc.com )0N THE _2 2 DAY OF fry r,( 2017. ADOPTED AF TER A PUBLIC HEARING AND SECOND READING ON TI IE 10ib DAY OF MAY, 2017. P(Jf3LISIIED BY fl I LE AND SHOR F SUMMAJ,cY, AFI FR ADOPTION, IN THE ASPEN I IMES WEEKLY ON THE 10' _DAY OF / t 2017. POS [El) ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www pitF_ncounts corn ) ON THE Jr DAY OF /list _2017. ATTEST: J BOARD Oh COUNT Y COMMISSIONERS tI�7 � P lf. u ) By _ By: ; / _ GIS 1canMiq onca George Ncamun, hate Deputy (County Clerk Date. 05 ' 22 - ,h71I-- APPROVE-Et A-S--TerT-014114: j-N'PRRV&DA-S--TerT-014r`1' APPROVED AS TO CON'1 ENT: r. Jolt unty ency Cin2'Lloubcn, Common: y Development Director ci PU11t6': III)2 7 151192 01 00. COVENANT AGREEMENT FOR TILE OCCUPANCY Of Guber Family Trust Lot Sprit,Lot 1 (Relating to Employee Housing Mitigation Fees) THIS COVENANT AGREEMENT FOR THE OCCUPANCY OF 1190 Mandalay lane, Aspen,CO $ 61I (the"Agreement"t is made arid entered int)tits/Stay of April 2017,by Sunny Ranch, LLC (hereinafter referred to as "Owne 'j, for the benefit of the parties and enforceable by the HOARD Ol COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO(hemmafler referred to as"County"). WITNESSETH: WHEREAS, Owner owns the teal property described as Ciuher Family Trust Lot Split, Lot 1. For purposes of this Agreement, the real property and alt dwellings, appurtenances, improvements and fixtures associated tneiewith shall hereinafter be referred to as the"Property';and WHEREAS,Owner,in order to pay an Affordable Housing Mitigation Fee ("AHMF") pursuant to Ordinance No. 020.2005, agrees to restnct the use and occupancy of the Property to a "Pitkin County Resident;' as that term is defined in this Agreement or to pay the MIME which would otherwise be applicable to the Property If the Property was not used and occupied by a Pitkin County Resident calculated at the AHMF rate appt:cable at the bane :ha: rho Al IMF bx('mcs due and payable as et forth herein, By this Agreement, Owner agrecs to restrict the Property against me and occupancy inconsistent with this Agreement. WHEREAS, an "Owner" shall be obligated hereunder for the full and complete performance and observance of all covenants,conditions and rerirc:ons contained herein during the term of this Agreement. WHEREAS, this document supersedes arty prestous resonant agreemc:t for use and occupancy associated with this Properly as it relates to payment of tut MIME NOW, THEREFORE, for value received, the receipt and sufficiency of which are Hereby acknowledged,Owner hereby represents,Covenants and agrees as follows. USE AND OCCUPATION OF THE PROPER)Y BY A PITKW COUNTY RESIDENT AND CONTINUING COMPLIANCE G to -- The use and occupancy of the Property shall for so long as this Agreement shall remain m effect, henceforth be limited exclusively to housing for a natural person who is a Pitkin County Resident and such person's family. For purposes of this Agreement, the term "Pitkin County Resident" shall be deemed to be natural person who is a resident of Pitkin County Cototedo, and who must represent and agree pursuant to this Agreement,as follow; a. to occupy the Property as such person's principal place of residence, b to not to engage in any business activity on the Property, other than that permitted in that cone district or by applicable ontinance, to continue to meeting the residency requirements an stated in this Agreement,and d. to notify the County of such person's ceasing to occupy the Property as such person's principal residence. A Pitkm County Resident shall be deemed to have changed his or her domicile by becoming a resident somewhere other than Pitkn County. Colorado, Recertification of the Pitkin County Resident's status as a resident of Paton County may he required by Pekin County at any lino,at its reasonable discretion 2. The provisions o'' this Agreement shall constitute covenants running with the Property, as a burden thereon, for the benefit of, and shall be specifically enforceable by the County, and its recpccteve suceea'snts and assigns,as applicable,by any appropriate legal action msiudmg but not limited to specific performance, 3. In the esent that the Property ceases to be used and occupied by a Pitkin County Resident, the record ow n l of the Property shall, within thirty(30)days, pay to the County the AHMF calculated at the rate of the County's affordable housing mitigation fee in effect at such tune, less the amount $19,447.00 paid by the Owner as his.her or their AHMF al the tune of this Agreement. 4 Upon payment of the sum required pursuant to 4 of this Agreement, the County shall release this Covenant_ REMEDIES 5. There is hereby reserved to the parties hereto any and all remedies proshded by law for breach of this Agreement or any of is terms. 6 Each and ed cry conveyance of the Fudp.ry. for all purposes, shall be deemed to mchadc and incorporate by this reference, the covenants herein contained,even without reference therein to this Agreement, 7 in the event that the Owner fads to eine any breach,the County may resort to any and all available leges action,including,bid not hmited to,specific performance of this Agreement. D .t GENERAL PROVISIONS R Any notice required or permitted -under this Agreement shall he io writing and shall be hand- delivered or sent by registered or certified regular mail, postage pm-paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices shnuld be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of deanery or the part of the sender. To County: Rtlun County Manager 530 Fast Main,T°floor Aspen,Colorado 81611 With copies to Pitkin County.Attorney's Office 123 Emma Rd,Suite 204 Basalt.Colorado 81621 John.Elyrepitkmcounty.com To Owner' Sunny Ranch, LLC' 1:444 14 Olympic Bird.,l LII Los Angeles,CA 90064 9, Exhibits. Any exhibits attached hereto are incorporated herein and by this reference, made a part hereof. 10 Severability. Whenever possible,each provision of this Agreement and any other related document shall be interpreter in such a manner as to be valid under applicable law, but if 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 mralidry or prohibition without imakdating the remaining provisions of such document. I I. Choice of I aw. This Agreement and each and every related document are to be governed and construed m accordance with the laws of the State of Colorado 12 Successors. Except as otherwise provided herein, the provisions and covenant contained herein shall inure to and be binding upon the"ileus,successors and assigns of the panics 13 Waiver No churn of wa ver, .orcin n: acgweseence unix respect to any prevision of Ohs Agreement shall be valid against any party hereto except on the basis of a urrtten instrument executed by the parties to this Agreement However, the party for whose benefit a condition is tacerted herrn shall have the uniatene: right to waive such condition,provided that such waiver is m wnnng 14. Gender and Number. Whenever the context so requites herean, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and rare versa 15 Personal Liability, The Owner agrees that he or she shall be personally liable for any of the transactions centernplated berets.. ti .ib/ 16 Further Actions The parties to this Agreement agree to execute such further docrosnts and take such further actions as may he reasonably required to cony ow the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connentinn hemwith. 2. Modifications The patties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both partes and recorded with the Clerk and Recorder of Fttkin County,Colorado Attorney Fees In the event of any litigation arising hereunder, the prevailing parties shall he entitled to the award of the costs thereof,together witn reasonable attorney fees. ;Attcs'.aticn pagers)follow) IN WITNESS WILEREOF, the parties hereto have executed this instrument on tic day and year ab re t,'t written. O 'N : _ tar — Rya .Kottyan. Authorized Representatr c for Sunny Ranch, LLC SI Al it OF COLORADO /J s;. C'OUN'TY Ok• �ytei,j 1 The foregoing instrument was acknowledged before me this/ Aay ofoiaLt,,Q 20ilby •C, ! • Witless my hand and nt?lctal / My commission expires (p /i2/40 • ,t s — _ o :ry Public BARBARA J CARMICHAEL Rotary Public State of Colorado Notary ID 2000401TM My Comn illm 0tas Jun 12, 2020 ACCEPTANCE BY THE BOARD OF COUNTY COMMISSIONERS OP PITKIN COUNTY COLORADO The foregoing Covenant Agreement for the Occupancy of Ciuher hamily Crust Lot Split, Lot I is hereby adopted and de;.iarcd by the Board of County CoAldi sstioners of Pitki,Co:.nty,Colorado. BOARD OE COUNTY COMMISSIONERS OF P1TK11Nf�//COUNTY,COLORADO By: La l.cn) 05/22, George Newman Date Chair •TTH,'I' •n Jones, Dam Dep Clerk APPROVED AS TO CONTENT. ies Wi.G- '{" SCI?_ t1 C Houben, Date Community Development Director (or designee) -0�2 habtifily. Date Cou. •tnorne .r✓. (////�/"""'�( //'' I 111110111011111) ll1111111111111111 11111111 11111111111 Dodi I ✓ ?O" RECEPTION#' 639051, R. $0.00, D: $0 00 CONTRACT#I- DOC CODE: COVENANTS Pg 1 of 6, 06/1 2/201 7 at 11 19'45 AM Janice K.Vos Caudill, Pitkin County. CO CO4EAANTA GREE,MENT 1011 flit OCCL4AM1CI Of Gabes Family Trust Lot Split Lot I (Relating to Employee)lousing Mitigation Fees) THIS COVENANT AGREEMENT FOR 'I IIE OCCUPANCY OF 1190 Mandalay Lane, Aspen,CO 81611 Ole "Agreement"1 is made and entered into this/treay of April 2017,by Sunny Ranch, LLC (hereinafter referred to as "Owner"), for the benefit of the parties and enforceable by the BOARD OF COUN I Y COMMISSIONLRS Oh P1 I KIN COL[NI Y,COLORADO(hereinafter referred to as"County") W I TN E S S E'1H: WHEREAS, Owner owns the real property described in(Luber family Inst Lot Split, Lot 1. for puIposes of this Agreement, the real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter he referred to as the"Property", and N HLREAS, Owner, in order to pay an Affordable I lousing Mitigation Fee ('AIIMF")pursuant to Ordinance No 023-2005, agrees to restrict the use and occupancy of the Properly to a "Pitkin County Resident,' as that term :s defined in this Agreement or to pay the MIME whish would otherwise be applicable to the Property If the Property was not used and occupied by a Pitkin County Resident calculated at the AI IMF rate applicable at the time that the AI IMF becomes d.e and payable as set forth herein By this Agreement, Ow net anrecs to restrict the Propeny against use and occupancy inconsistent with this Agreement. WHEREAS, an "Owner" shall be obligated hereunder for the full and complete performance and observance of all covenants. conditions and restrictions contained herein during the tens of this.Agreement. WHEREAS, this document supersedes any previous cos cnant agreement for use and occupancy associated with this Property as it relates to payment of an MIME NOW, THEREFORE, for value received, the receipt and sufficiency of which are hereby acknowledged,Owner hereby represents,covenants and agrees as follows LSE AND OCCUPATION OF THE PROPERTY BY A PITICIN COUNTY RESIDENT AND CONTINUING COMPLIANCE 1, the use and occupancy of the Property shall for so long as this Agrccmtnt shall remain in effect, henceforth be limited exc usively to housing for a natural person who is a P0km County Resident and such person's family For pi.rposes of this Agreement. the tenn"Pitkin ('ointy Resident" shall be deemed to be natural person who is a resident of Pitkin County Colorado and who must represent and;ace pursuant to this Agreement.as follows a. to occupy the Property as such person's pnncipal place of residence, b. to not to engage in any business activity on the Property, other than that permitted in that /one district or by applicable ordinance: to contince to meeting the residency requucments as stated in this Agreement_and d. to notify the County of such person's ceasing to (recopy the Property as such person's principal residence A Pitkin Counts Resident shall be deemed to have changed his or her donucilc by becoming a resident somewhere other than Palau County, Colorado Recertification of the Pitkin County Resident's status as a resident of Pitkin County may he requited by Pitkin County at any time at its reasonable discretion 2. hhe pan inions of this Agreement shall constitute covenants running with the Property, as a burden thereon, for the benefit of, and shall be specif enforceable by the County. and its respective successors and assigns. as applicable by any appropriate legal action including but not limited to specific performance 3 In the event that the Property ceases to be used and occupied by a Pitkin County Resident, the iccord owner of the Property shall, within thirty (30)days.pay to the County the AIIMF calculated at the rate of the County's affordable housing mitigation Ice in effect at such tune, less the amount 519,447.00 paid by the Owuci as his,her or their AHMI at the time of this Agreement. 4. Upon payment of the sum required pursuan• to 4 of this Agreement, the County shall release this C ovenant. REMEDIES 5 There is hereby reserved to the parties hereto any and all remedies pros Wed by law for breach of this Agreement or any of its tcnns G Lath and every conveyance of the Property. frit all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained. even without reference therein to this Agreement 7 In the event that the Owner fails to cure any breach, the County may resort to any and all available legal action. including, but not limited to. specific performance of this Agreement X-� GENERAL PROVISIONS 8 Any notice required of permitted under this Agreement shall be in w nung and shall be hand- delivered or sent by registered or certified regular mall. postage pre-paid to the addresses of the parties as Billows Each party by notice sent under this paragraph may change the address to which future notices should he sent Electronic deanery of notices shall also be deemed sufficient and considered delivered upon receipt of ton l innation of dell very on the part of the sender lo County. Pitkin County Manager 530 Last Mare 3rd Floor Aspen,Colorado X1611 With copies to Pukm County Attorney's Office 123 Emma Rd ,Suite 204 Basalt Colorado 81621 John Lly@.pukmeounty.com Ti (Owner Sunny Ranch,LLC 11444 W Olympic Bhd , FLI I Los Angeles,CA 901164 0 Exhibits Any exhibits attached hereto are incorporated herein and by this reference. made a part hereof 10. Severability Whenever possible. each ploy stun of this Agreement and any other related document shall be Interpreted in such a manner as to be valid under applicable law, but if any provision of any of the forcgomg shall he invalid or prohibited under said applicable law, such pow inions shall he ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document I I. Choice of Law This Agreement and each and every related document am to be governed and construed in accordance with the laws of the Slate of Colorado 12 Successors. Except as otherwise provided herein. the provisions and covenant contained herein shall inure to and be binding upon the hews.successors and assigns of the parties 13 Wan Cr No claim of wamiw consent or acguiesLence ith respect to any provision of this Agreement shall be valid against any party hecto except on the basis of a written instrument executed by the patios to this Agreement I lowcecr, the party for whose benefit a condition is inserted herein shall have the unilateral right to wane such condition,prinided that such waiver is to tenting 14 Gender and Number Whenmer the context so requn es herein. the neuter gender shall Include any or all genders and vice vena and the use of the singular shall Include the plural and vice versa 15. Personal Liability. The Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein Mfr 16 Further Actions the parties to this Agreement agree to e'ceute such further documents and take such further actions as may be reasonably reywicd to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith 2. Modifications The partes to this Agreement agree that any modifications of this Agreement shall be effective only when made by wntmgh signed by both parties end recorded with the Clerk and Recordm of Pitkin County.Colorado, 3. Attorney Ices. In the esent of any litigation arising hereunder, the prevailing parties shall be entitled to the award of the costs thereof togethe-with rcasonab.e attorney ices. [Attestation page(s)follow' Y"/ IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year ab a Na written. OVEN' Vat Ryan N. Kottyan Authonzed Represenlativ for Sunny Ranch, LI C SI Al h OF COLORADO //// ss COUNIY OF )174,egg, I // The foregoing mstmnwni was acknowledged before me this Say of '/n2 2U1hy Witness my hand and official seal My commission expires (p "AA AO A4o my Public BARBARA J CARMICHAEL Notary Public State of Colorado Notary ID 20001017196 • I My Com lisloe Eaelna Joe 12, 2020 ACCEPTANCE BY THE BOARD OF COLN 1 Y COMMISSIONERS OF PITKIN COUNTY COLORADO The foregoing Covenant Agreement for the Occupancy of(Luber Family -trust Lot Spla, Lot I is hereby adopted and declared by the Board of County Commissioners of Pitkin County,Colorado BOARD OF COUNTY COMMISSIONERS OF PI I KIN COUNTY,COLORADO (a..,) ohjz?J7,(} George Newman Date Chair TE.T / /I '.r J uL Jean re Jones. Date Dep. 'Clerk APPROVED AS FO CONFENT• CUct J Cold iloubcn, Date Community Development Director(or designee) 4 Dom Clomc