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CONTRACT RECEPTIONS'844899,R f0 00,D' $0 00
DOC CODE: ORDINANCE
/ Pg 1 of 4,01/25/2018 at 10:2625 AM
3t9 J - �1 of /�/ Janice R.Vos Caudill, Pitkin County,CO
44-fC4L a )
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO AUTHORIZING ACCEPTANCE OF A
COVENANT AGREEMENT FOR THE OCCUPANCY AND RESALE OF LOT 7,
BLOCK 1,MEADOWOOD SUBDIVISION FILING 1-130 PRIMROSE PATH
(RELATING TO EMPLOYEE HOUSING MITIGATION FEES)
ORDINANCE NO. my -2017
I. Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners("BOCC")of Home Rule
Counties is authorized to make and publish ordinances for carrying into effect or discharging
the powers and duties conferred upon such counties by law and as seems necessary.
2. Pursuant to Section 2.8.1 of the Home Rule Charter("HRC'), the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant to
the Colorado Revised Statues as amended
3. Wendy C. Hendrickson Family Endowment Trust("Applicant")is the owner of real property
located in Pitkin County,Colorado,which is located at 130 Primrose Path,and is described as
Lot I,Block 1, Meadowood Subdivision Filingl ("Property").
4. The Community Development Director approved an Activity Envelope and Site Plan Review to
replace the residence on the lot,pursuant to Administrative Decision No 13-2017. The Activity
Envelope and Site Plan were recorded in Plat Book 119 at Page 77, Condition ft4 of the
Administrative Decision approval requires payment of the applicable employee housing impact fee at
building permit
5. Land Use Code Sec.8-30-20 specifies that the employee housing impact fee vanes based on the
size of the residential development,and that the fee collected for residential construction"shall
reflect mitigation for second-home use unless a covenant is recorded on the property restricting it to
Pitkin County resident occupancy." The Applicant has executed a Covenant Agreement,which
rcstncts the occupancy and resale of the Property to a"Pitkin County Resident"as defined in the
A rccmem
6. HRC Section 2.8.1.1 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 best served by acceptance through ordinance. A
covenant burdening real property is by definition a property interest held by the County.
7. The BOCC reviewed the proposed Covenant Agreement on first reading at a regular meeting on
August 23,2017. The BOCC adopted the Ordinance accepting the Covenant Agreement on
second reading at a public hcanng on September 13,2017
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8. The BOCC finds that adoption of this ordinance Is in the best interest of the citizens of Pitlun
County.
NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby accepts the Covenant Agreement for the Occupancy and Resale
of the Property(Exhibit A),and authorizes the Chair or the Chair's designee to sign the
Ordinance and upon the satisfaction of the County Attorney as to form,execute any other
associated documents necessary to complete this matter
'Ott
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8. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin
County
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin
County,Colorado that it hereby accepts the Covenant Agreement for the Occupancy and Resale
of the Property(Exhibit A), and authorizes the Chair or the Chair's designee to sign the
Ordinance and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
RECEPTION#: 644699,0112512016 at 10:26:25 AM,Pgs 4 of 4,Janice K.Vos Caudill,Pitkin County,CO
i
INTRODUCED AND FIRST READ ON THE 23itl DAY OF AUGUST,2017.
NOTICE OP PUBLIC HEARING AND TT LE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON W- 3! ,2017.
NOTICE OF PUBLIC HEARING AND 1 HE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFF1,,IAL PTI7CIN COUNTY WEBSITE(www.t7ilkIncnunty.eom)ON THE 3r'`}
DAY OF 2017
ADOPTED AFTER A PUBLIC HEARING AND SECOND READING ON THE I3i6 DAY OF
SEPTEMBER,2017.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION,IN THE ASPEN
TIMES WEEKLY ON THE)ANF DAY OF byi_2017.
POSTED ON THE OF ICIAL PITTCIN COUNTY WEBS ITE(www,pildruounty.con)ON
THE/S DAY OF IT
2017
A ' T: BOARD OF COUNTY COMMISSIONERS
Si 'di A F` n, Bp V 'Lac ' A W(N.
1 .. - '!ones George -wenn, •1.'r
Depu County Clerk J
Dale: / I` )—
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,C omey Cindy Houben,Community Develdiikmt Director
P06-2017,P1132735141131 PID273514101016
i
CONTRACT 111111111111111111111111101011111111111111111111111111111
RECEPTION# 644700,It $0.00, D $0.00
DOC CODE: COVENANTS
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it w J ,�h / Janice K.Vos Caudill,Pitkin County,CO
COVENANT AGREEMENT
FOR THE OCCUPANCY AND RESALE
OF 130 PRIMROSE PATH(LOT 7,BLOCK),MEADO WOOD SUBDIVISION FILING I)
(Relating to Employee Housing Mitigation Fees)
THIS COVENANT AGREEMENT FOR THE OCC PANCY AND RESALE OF 130 Primrose
Path(the"Agreement")is made and entered into this day of ft 2017,by Wendy C. Hendrickson Family
Endowment Trust (hereinafter referred to as "Owner'), for the benefit of the parties and enforceable by the
BOARD OF COUNTY COMMISSIONERS OF PITKLV COUNTY, COLORADO (hereinafter referred to as
"County").
WITNESSETH:
WHEREAS,Owner owns the real property described ac Lut 7, Block I, Meadowood Subdivision Filing
No 1 Pitkin County,Colorado. For purposes of this Agreement,the real property and all dwellings,appurtenances,
improvements and fixtures associated lherewdh shall herenatier be referred to as the"Property';and
WHEREAS, Owner, in order to pay an Employee Housing Mitigation Fee ("EHME") pursuant to
Ordinance No.023-2005,agrees to restrict the acquisition or transfer of the Property to"Qualified Buyers,"as that
tern is defined in this Agreement or to pay the EHMF which would otherwise be applicable to the Property if the
Owner did not qualify as a Quahfied Buyer calculated at the rate applied to NonQualified,Transferee(s)as that
term is defined by this Agreement at the lime of transfer. By this Agreement, Owner agrees to continue to meet
the requirements of a"Qualified Buyer"and restrict the Property against use and occupancy inconsistent with this
Agreement.
WHEREAS, "Qualified Buyers'are natural persons meeting the residency qualifications set forth in the
Aspen/Pitkin County Housing Authority Employee Housing Guidelines (hereinafter the "Employee Housing
Guidelines"), or its substitute, as adopted by the Aspen/Eakin County Housing Authority ("APCHA"), or its
successor,and in effect at the time of the closing of the sale to the Qualified Buyer, and who must represent and
agree pursuant to this Agreement to occupy the Property as their principal place of residence,not to engage in any
business activity on the Property,other than that permitted in that zone district or by applicable ordinance,not to
sell or otherwise transfer the Property for use in a trade or business; and to continue meeting the residency
requirements as stated in this Agreement.
WHEREAS,an"Owner' is a person or persons who is/are a Qualified Buyer who acquires an ownership
interest in the Property in compliance with the terms and provisions of this Agreement, it being understood that
such person or persons shall be deemed an"Owner"hereunder only during the period of his,ha or their ownership
interest in the Property and shall be obligated hereunder for the full and complete performance and observance of
all covenants,conditions and restrictions contained herein during such period.
WHEREAS, this document supersedes any previous covenant agreement for occupancy and resale
associated with this Properly.
NOW,THEREFORE,for value received,the receipt and sufficiency of which are hereby acknowledged,
Owner hereby represents,covenants and agrees as follows
1. The use and occupancy of the Property shall for so long as this Agreement shall remain if effect,
henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified
Buyers and their families.
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2 Mi Owner, in connection with the purchase of this Property must- a)occupy this Property as his or her
principal place of residence during the time that such Property is owned; b) not engage in any business
activity on such Property, other than permitted in that zone district or by applicable ordinance, c)sell or
otherwise transfer such Property only in accordance with this Agreement and the Employee Housing
Guidelines;d)not sell or otherwise transfer such Pmperty for use in a trade or business;e)not permit any
use or occupancy of such Property except in compliance with this Agreement. Recertification of
residency and the ownership of other property shall be required as contained in the Employee Homing
Guidelines.
3 The provisions of 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 respective
successors and assigns,as applicable, by any appropriate legal action including but not limited to specific
performance, injunction,resersinn.or eviction of non-complying owners and/or occupants.
4 In the event that title to the Property vests by descent in,or is otherwise acquired by,any individual and/or
entity who is not a Qualified Buyer as that term is defined herein (hereinafter "Non-Qualified
Transferee(s)"), the Property shall at the option of the Owner a) immediately be listed for sale at the
highest bid by a Qualified Buyer under APCHA's procedures or, h) the Owner and Non-Qualified
Transferee(s) shall be obligated as a precondition to the sale to a Non-Qualified Transferee to pay the
County's EHMF calculated at the rate of the County's affordable housing mitigation fee at the time of the
sale or transfer,less the amount S6,580.57 paid by the Owner as his,her or their EHMF at the time of this
Agreement.
OWNER RESIDENCE AND CONTENDING COMPLIANCE
5, The Properly shall be utilized only as the principal place of residence of an Owner.
6 In the event an Owner changes domicile or ceases to utilize the Property as his principal place of
residence, or otherwise ceases to be in compliance with the applicable Employee Housing Guidelines or
this Agreement,at the option of the Owner,the Property a)immediately be listed for sale and the highest
bid by a Qualified Buyer shall be accepted or,b)the Owner and/or Non-Qualified Transferee(s),if any,
shall be obligated to pay the deferred portion of the County's EIIMF calculated at the rate of the
County's EHMF at the time of sale or transfer,less the amount 56,580.57 paid by the Owner as his,her
or its EHMP at the time of this Agreement. An Owner shall be deemed to have changed his or her
domicile by becoming a resident elsewhere.or residing on the Property for fewer than nine(9)months per
calendar year without the express wrinen approval of the County.
7 Upon payment of the stuns required pursuant to 4 b) and 6 b) of this Agreement,as deternuned by the
County,the County shall release this Covenant.
8 Payment of sums calculated under 4 b)and 6 b)of this Agreement shall he due and payable at the time
transfer of the Property by the Owner to a Non-Qualified Transferee
REMEDIES
9. 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 In the event the parties resort to litigation with respect to any or all
RECEPTION#'644700,0112512018 at 10 26 26 AM,Pgs 3 of 5,Janice K Vos Caudill, Pitkin County,CO
provisions of this Agreement, the prevailing party shall be awarded damages and costs. including
reasonable attorneys'fees.
ID. In the event 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 the Property, for all purposes, shall be deemed to include and incorporate
by this reference,the covenants herein contained,even without reference therein to this Agreement.
11. 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 limned to, specific performance of this Agreement or a mandatory injunction
requiring sale of the Property by qualified Owner. The costs of such sale shall he taxed against the
proceeds of the sale with the balance being paid to the Owner.
GENERAL PROVISIONS
12. Notice% Any notice required or permitted under this Agreement shall be in writing and shall be
provided by electronic delivery to the c-mail addresses set forth below and by one of the following
methods I)hand-delivery or 2)registered or certified mail, postage pre-paid to the mailing
addresses set forth below. Each party by notice sent wider this paragraph may change the address to
which future notices should be sent. Electronic delivery of notices shall be considered delivered upon
receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal sen ice of any notice in the manner prescribed for personal sen ice of a
summons or other legal process.
To County Pitkin County Manager
123 Emma Road,Suite 106
Basalt,CO 81621
Jon.Peacock@pitkmcounty corn
To Owner: Wendy C Hendrickson Family Endowment Trust
130 Primrose Path
Aspen,Colorado 81611
With Copies To Pnkm County Attorney
123 Emma Road,Suite 204
Basalt,CO 81621
at torney@Jpitkmcounly.com
13. Exhibits Any exhibits attached hereto are incorporated herein and by this reference,made a part hereof.
14 Severability. 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 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 invalidity or prohibition without invalidating the remaining provisions of such
document.
15. Choice of Law. This Agreement and each and every related document are to be governed and construed in
accordance with she laws of the State ofColorado.
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16. Successors. Except as otherwise provided herein.the provisions and covenant contained herein shall inure
to and be binding upon the heirs,successors and assigns of the parties,
17. Waiver. No claim of waiver. consent or acquiescence with respect to any provision of this Agreement
shall be valid against any party hereto except on the basis of a 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.
IS, 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
19. Personal Liability. the Owner agrees that he or she shall be personally liable for any of the transactions
contemplated herein.
20. 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.
21 Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be
effective only when made b) writings signed by both parties and recorded with the Clerk and Recorder of
Pitkin County,Colorado.
22. Anomev Fees In the event of any litigation arising hereunder,the substantially prevailing parties shall be
entitled to the award of the costs thereof,together with reasonable attorney fees.
IN WITNESS WHEREOF,the parties hereto have executed this instrument on the day and year above
first written.
OWNER:
i L -
endy C.Hendrickson
STATE.OF COLORADO
ss
COUNTY OF q
The foregoing instru em was acknowledged before me this l day of 2.011 46tt by
Caral,rx bc...ri c
Witness my hand and official seal.
My commission expires. 5 !11/.zee/
C 61.1712L1A19101E Notary Public
20URYRE111C.9T$lEI5COL I
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ACCEPTANCE BY THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
The foregoing Covenant Agreement for the Occupancy and Resale of 130 Primrose Path of the Board of
County Commissioners of Pitkin County,Colorado and its terms are hereby adopted and declared by the Board of
County Cornnussioners of Pitkin County,Colorado
BOARD OF COUNTY COMMISSIONERS
OF PITI@I COUNTY,COLORADO
By: ht—P/WISIC .4/✓Jv1;✓'
Gcorgc Newman
STATE OF COLORADO )
) ss
COUNTY OF PITKIN ) iatt
//Y�
tThe forego* instrument was acknowledged before me this /P day of l/ te k , 2017, by
2-01S4 /Agw /N&&K. , as Chair of the Board of County Commissioners of Pitkin County,
Colorado.
Witness my hand and official seal
My commission expires- / /
JEANETJON �i ]
NOTARY PUBLICS
Iji I- ,u ' —
STATE OF COLORADO No ..4 Public
MfNeciate004.302606SWUM 25.al